Analysis of the 2015 NASRDA Regulation on Licensing and Oversight of Space Activities

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The recent Memorandum of Understanding (MoU) between the Federal Republic of Nigeria and the American company, Space Exploration and Research Agency (SERA), to send the first Nigerian astronaut into space has once again underscored the importance of space exploration. Overcoming the challenges of operating in space has led to numerous technological and scientific breakthroughs, bringing significant benefits to society on Earth in various sectors, including health and medicine, transportation, public safety, consumer goods, energy and environment, information technology, and industrial productivity.

As the global space race intensifies with an increase in the number of countries and private entities seeking to establish a presence in space, Nigeria has developed a comprehensive regulatory framework – the Licensing and Supervision of Space Activities Regulations 2015. The regulation was enacted in 2015 and activated by the administration Buhari in 2021. The framework aims to ensure that Nigeria’s emerging space activities are conducted in a safe, responsible and compliant manner in accordance with international standards. This article discusses the key provisions of the 2015 NASRDA Regulations on the Licensing and Supervision of Space Activities.

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Comprehensive licensing requirements

The basis for the 2015 NASRDA regulations on licensing and supervision of space activities is section 4(1), which mandates that no person “shall carry out any activity to which the regulations apply except in accordance with a licence granted by the National Space Council”. This broad requirement covers a wide range of entities, including “Corporations registered in Nigeria having ownership of space objects” and “Operators and manufacturers of space objects and launch vehicles within the territory of Nigeria”, as described in section 1. The regulations have far-reaching implications, as they cover all space activities conducted in Nigeria or on Nigerian aircraft or boats. This means that activities such as satellite launches, satellite servicing, remote sensing, space tourism, space debris removal and space flight operations now require a mandatory licence from the Nigerian Space Research and Development Agency (NASRDA).

The licensing process is far from automatic. Section 6(1) sets out comprehensive criteria that must be met, from “proof of financial capacity” and “proof of reliable and requisite technical expertise” to ensuring that “the space activity mitigates space debris” and “is in compliance with the International Telecommunication Union (ITU) regulations regarding frequency allocation and orbital position.”

The licence conditions imposed under Section 7 can be extensive, mandating everything from “preventing contamination of outer space or adverse changes in the Earth’s environment” to “requiring the licensee to maintain liability insurance”. The financial bar is also set high, with Section 6(1)(j) imposing a “lump sum of US$2,000,000 (two million United States dollars) for a space licence”.

In addition to the general space activity license, sections 12-19 require a multi-step process requiring separate authorizations for launch facilities/spaceports, the use of approved launch vehicles, and flight paths for each individual launch or series of launches.

Rigorous monitoring and enforcement of license conditions

While extensive licensing requirements are intended to provide comprehensive verification of proposed space missions on paper, sections 37–38 establish robust mechanisms for monitoring real-world activities and enforcing compliance with license terms and general space regulations.

Section 37(1) authorizes the National Space Council to issue directions to any licensee “in such manner as may be appropriate to ensure compliance with the international obligations of the Federal Republic of Nigeria or the terms of the license.” Section 38 authorizes court orders to “authorize a designated person acting on behalf of the National Space Council to take all necessary action to ensure compliance” if access is denied.

Article 43 introduces enforcement, allowing civil penalties for operating without a license or breaching conditions, with financial penalties of “not less than 15% of the total value of the project” for corporate entities. Article 43(1) 2 imposes even stricter criminal penalties for intentional crimes, with individual financial penalties “not less than 5% of the total value of the project”. The conditions for compliance are relatively onerous and the penalties for non-compliance are significantly punitive, reflecting the seriousness with which Nigeria approaches the space sector.

Compliance with international treaties

A key driver of Nigeria’s new regulatory framework is ensuring that the country’s space activities uphold key UN space treaties it has ratified. The regulations often reference these commitments, such as:

● Section 9 requires that space activities “not cause damage to the environment on Earth or in outer space” in accordance with the Liability Convention.

● Section 10 mandates mitigation of orbital debris “in accordance with international standards for space debris mitigation.”

● Article 11 establishes a national register of space objects to be made available to the UN in accordance with the Registration Convention.

● Article 39 requires minimum liability insurance of $15 million under the Civil Liability Convention.

Supporting the national space sector

While the tenor of Nigeria’s regulatory framework undeniably emphasizes the priority of strict oversight, NASRDA officials insist it is not intended to be a punitive system. They point to provisions such as section 4(2) exempting some private activities from licensing and section 39(2) waiving some insurance requirements as evidence that they have attempted to balance national interests with enabling a thriving domestic space industry.

The 2015 NASRDA regulations significantly benefit Nigeria’s economy, technological development and international standing. By establishing a clear and robust framework for space activities, Nigeria can attract significant foreign investment and foster public-private partnerships essential for economic growth. The regulations also encourage the development of advanced technologies and skills in the country, leading to innovation and a highly skilled workforce. Internationally, Nigeria’s commitment to global standards reinforces its reputation as a responsible space nation, paving the way for collaboration with other countries and international organizations. Furthermore, a growing domestic space sector can create numerous opportunities for both startups and established companies, driving job creation and positioning Nigeria as a leader in African space endeavors.

Application

As Nigeria aspires to join the prestigious ranks of emerging space nations, the 2015 Space Licensing and Oversight Regulations signal the country’s determination to achieve its ambitious space goals by upholding the highest international standards. Like the United States, which has long been at the forefront of enacting and implementing comprehensive space regulations through entities such as the Federal Aviation Administration (FAA) and the National Oceanic and Atmospheric Administration (NOAA), Nigeria is now positioning itself as a key player in global space governance. By enforcing a strict yet enabling framework, Nigeria not only ensures the safety and sustainability of its space activities, but also sets the stage for innovation and profitable growth. This new foundation sets the stage for Nigeria to reach for the stars, mirroring the meticulous approach seen in established space nations while addressing the unique opportunities and challenges in the African environment.

Okeke, associate partner and head of OIisa Agbakoba Legal’s public sector practice group, writes from Apapa, Lagos.