Unpacking the 2015 NASRDA Space Licensing and Oversight Regulations

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The recent Memorandum of Understanding between the Federal Republic of Nigeria and the US-based 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 space operations has spawned 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 more countries and private entities seeking to establish themselves in space, Nigeria has developed a comprehensive regulatory framework – the Space Activities Licensing and Supervision Regulations, 2015. The regulation was enacted in 2015 and activated by the Buhari administration in 2021. The framework aims to ensure that Nigeria’s emerging space activities are conducted safely, responsibly and in accordance with international standards. This article discusses the key provisions of the 2015 NASRDA Space Activities Licensing and Supervision Regulations.

Also read: NASRDA Chief’s Task Force on Space Law Expertise

Comprehensive licensing requirements

The basis of the NASRDA Licensing and Supervision of Space Activities Regulations 2015 is section 4(1), which states that no person “shall carry on activities to which the regulations apply unless he or she is licensed by the National Space Board Space. ” This broad requirement covers a wide range of entities, including “corporations incorporated in Nigeria with ownership of space objects” and “operators and manufacturers of space objects and launch vehicles in Nigeria” as described in section 1. The regulation has far-reaching implications because covers all space activities conducted in Nigeria or on a Nigerian aircraft or boat. This means that activities such as satellite launches, maintenance, remote sensing, space tourism, space debris removal and spaceflight now require a license from the Nigerian Space Research and Development Agency (NASRDA).

The licensing process is not a rubber stamp process. Section 6.1 sets out comprehensive criteria that must be met, ranging from “proof of financial capacity” and “proof of having sound and required technical knowledge” to ensuring that “space activities reduce the amount of space debris” and “compliance with the International Telecommunications Union (ITU) Regulation on frequency allocation and orbital position.”

The licence conditions imposed under Section 7 can be extensive, covering everything from “preventing contamination of outer space or adverse changes to 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 $2,000,000 (two million U.S. dollars) for a space licence.”

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

Rigorous monitoring and enforcement of licensing conditions

While the extensive licensing requirements are intended to ensure that proposed space missions are comprehensively verified on paper, Sections 37-38 establish robust mechanisms for monitoring real-world activities and enforcing compliance with license conditions and general space regulations.

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

Section 43 introduces enforcement, allowing civil penalties for operating without a license or breaching conditions, with fines of “not less than 15% of the total value of the project” for corporate entities. Section 43(2) imposes even more severe criminal penalties for wilful offences, with individual fines of “not less than 5% of the total value of the project”. Compliance conditions are relatively onerous, and penalties for non-compliance are significantly punitive, reflecting the seriousness with which Nigeria approaches the space sector.

Alignment with international treaties

A key factor behind Nigeria’s new regulatory framework is ensuring that the country’s space activities are in compliance with key UN space treaties it has ratified. The regulations often refer to these obligations, 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.

● Article 10 requires the limitation of the amount of orbital debris “in accordance with international standards for the limitation of space debris.”

● 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 the Nigerian regulatory framework undeniably emphasizes the priority of strict supervision, NASRDA officials insist that it is not intended to be a punitive regime. They point to provisions such as Art. 4 section 2 exempting certain types of private activities from the obligation to have a license and Art. 39 section 2 waiving certain insurance requirements as evidence that they attempted to balance national interests with enabling a thriving domestic space industry.

The 2015 NASRDA Regulations greatly 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 support public-private partnerships essential for economic growth. These 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 strengthens its reputation as a responsible space nation, paving the way for cooperation with other countries and international organizations. Additionally, the country’s growing space sector has the potential to create numerous opportunities for both startups and established companies, driving job creation and positioning Nigeria as a leader in African space ventures.

Application

As Nigeria aspires to join the prestigious ranks of emerging space nations, the 2015 Space Activities Licensing and Supervision Regulations signal the country’s determination to achieve its ambitious space goals by adhering to the highest international standards. Like the United States, which has long been at the forefront of enacting and implementing comprehensive space legislation 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 management. By enforcing a rigorous but enabling framework, Nigeria is not only ensuring the safety and sustainability of its space activities, but also creating a terrain ripe for innovation and profitable growth. This new foundation sets the stage for Nigeria to reach for the stars, reflecting the meticulous approach of established spacefaring nations, while recognizing the unique opportunities and challenges facing the African environment.

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