Encouraging International Support for the Recovery and Use of Space Resources

This executive order establishes U.S. policy that Americans have the right to engage in commercial exploration and use of space resources, explicitly rejects the 1979 Moon Agreement as binding customary international law, and directs the State Department to negotiate international agreements supporting public and private space resource recovery.

Federal Register Open PDF 85 FR 20381

Impact dates

Oct 3, 2020
Secretary of State report to President on activities to encourage international support for space resource recovery

Key directives

Secretary of State shall object to any attempt to treat Moon Agreement as customary international law
Secretary of State shall negotiate joint statements and bilateral/multilateral arrangements on space resource recovery
Secretary of State shall consult with Commerce, Transportation, NASA, and other appropriate agencies
Secretary of State shall report to President within 180 days on activities under Section 3

Who is ordered

Timeline

Immediate

U.S. policy formally rejects Moon Agreement as customary international law
State Department directed to object to Moon Agreement treatment as binding law

Near term (90d)

State Department to begin negotiations with foreign states on bilateral/multilateral space resource arrangements
Consultations with Commerce, Transportation, NASA, and other agencies

Long term

Potential international framework for space resource extraction
Commercial lunar and asteroid mining operations
Shift in international space law norms

Risks & tensions

Potential international friction with Moon Agreement signatories (18 countries)
Conflict with interpretation of 1967 Outer Space Treaty by other spacefaring nations
Vague 'applicable law' constraint leaves legal boundaries undefined
No enforcement mechanism for negotiated international arrangements
Subject to appropriations availability may limit implementation