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Regulations for Registration of Launch Vehicle and Spacecraft
1.中華民國一百十一年一月十八日科技部科部前字第 1110001750B 號令 訂定發布全文 24 條；並自發布日施行 中華民國一百十一年七月二十七日行政院院臺規字第 1110182320 號公 告第 2 條第 1 項、第 3 條第 1 項、第 5 條序文、第 5 款、 第 8 條第 1 項第 2 款第 4 目、第 3 項第 2 款、第 9 條第 1 項第 5 款第 6 目、第 11 條、第 12 條、第 13 條第 1 項、第 3 項、第 14 條、第 15 條、第 16 條第 3 項、第 4 項、第 17 條 、第 18 條、第 19 條、第 20 條、第 21 條第 1 項、第 3 項、第 23 條所列屬「科技部」之權責事項，自一百十一年七月二十七日起改 由「國家科學及技術委員會」管轄 中華民國一百十二年九月十三日行政院院臺規字第 1121031987 號公告 第 5 條第 9 款所列屬「經濟部國際貿易局」之權責事項，自一百十 二年九月二十六日起改由「經濟部國際貿易署」管轄
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These Regulations are established in accordance with Article 10, paragraph 3 of the Space Development Act (the "Act")
1For registration of launch vehicles and spacecraft, the competent authority shall invite scholars and experts specialized in the relevant fields to form a review panel, joined by relevant authorities, to perform reviews.
2Reviews of registration in the preceding paragraph include configuration safety reviews to determine compliance of safety and specifications of specific launch vehicles and spacecraft.
1Where a launch vehicle or spacecraft used for space activities should be registered with the competent authority pursuant to Article 10, paragraph 1 of the Act, its owner or user (the "Registrant"), including a local or foreign natural person, juristic person, authority/organization, school, group (collectively the "Local Person" or "Foreign Person", where applicable), shall apply to the competent authority for registration in accordance with these Regulations.
2When a Local Person is the Registrant of a launch vehicle or spacecraft to be launched in a foreign country, Article 11, paragraph 1, subparagraph 3 shall apply where registration is required.
A Registrant may appoint an agent to handle application or reporting under these Regulations. This agent must be a Local Person. Where a Registrant is a Foreign Person and his/her/its residence or main office is located outside the territory of the Republic of China, the power of attorney issued to the appointed agent must be certified by our overseas missions.
1The competent authority may dismiss a registration request if a Registrant and its representative is in one of the following circumstances:
21. Has committed a crime under the Organized Crime Prevention Act and is found guilty in a conclusive verdict, and the sentence has not executed or execution of the sentence is incomplete, or is less than five years since completion of execution, expiry of the probation period or remission of the sentence.
32. Has committed the offenses of fraud, breach of trust, or misappropriation, and is declared in a conclusive verdict to be subject to the sentence of imprisonment of one year or more, and the sentence has not executed or execution of the sentence is incomplete, or is less than two years since completion of execution, expiry of the probation period or remission of the sentence.
43. Has committed a crime under the Anti-Corruption Act and is found guilty in a conclusive verdict, and the sentence has not executed or execution of the sentence is incomplete, or is less than two years since completion of execution, expiry of the probation period or remission of the sentence.
54. Has committed a crime under the Act or an equivalent foreign law, is found guilty in a conclusive verdict and the sentence has not executed, execution of the sentence is incomplete, or is less than three years since completion of execution, expiry of the probation period or remission of the sentence.
65. Is less than three years since revocation of registration by the competent authority.
These Regulations do not apply to vehicles owned, managed or used by the Ministry of Defense and its affiliated authorities/agencies, schools and juristic persons subject to its supervision under the law, or otherwise provided by the above entities to others for management and use.
Where the Registrant of a launch vehicle has submitted a launch plan for permit and applied for registration of the launch vehicle at the same time, the application for registration of launch vehicle, accompanied with documents required under these Regulations, should be filed six months before the scheduled launch date. Notwithstanding, if an application for registration is filed at the same time when configuration safety reviews are requested, the application should be filed nine months prior to the scheduled launch date.
1When applying for registration of a launch vehicle, the Registrant shall submit the following documents:
21. Application.
32. The Registrant's identification document; in case where an agent is appointed to act on its behalf, the agent's power of attorney and identification or registration supporting document:
4(1) Identification document or registration supporting document.
5(2) Representative's or responsible person's identification document.
6(3) Ownership structure and beneficial owners.
7(4) Other supporting documents required by the competent authority.
83. Documents proving completion of configuration safety reviews of the launch vehicle; in case of first-time registration when configuration safety reviews are to be applied for at the same time, documents under this subparagraph are not required.
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1When applying for registration of a spacecraft, the Registrant shall submit the following documents:
21. Application.
32. Registrant's and agent's identification under paragraph 1, subparagraph 2 of the preceding article.
43. Approval documents for configuration safety reviews of the spacecraft; in case of first-time registration when configuration safety reviews are to be applied for at the same time, documents under this subparagraph are not required.
54. Documents proving ownership, right to use, and related rights and encumbrances of the spacecraft.
65. The operating plan for the spacecraft, including the following particulars:
7(1) Scheduled launch date, place, launch vehicle, and orbital elements.
8(2) Ground control facilities, location and operation plan for the spacecraft.
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Where documents and information attached to the applications for vehicle's configuration safety reviews and registration are prepared in a language other than Chinese, Chinese translation of these documents is required, except for technical documents and information not prepared in English for which an English version or Chinese translation is required.
Review standards for vehicle's configuration safety reviews shall be separately established by the competent authority by referring to related international standards, and published by the competent authority.
1The competent authority shall complete registration and notify the applicant in writing within three months from the date when the application is accepted. This period may be extended for two more months where necessary.
2Where the Registrant fails to provide all required documents or information provided is insufficient, or fails to act in accordance with Article 10, the competent authority may notify it to make corrections within a specified time limit. Correction period will be excluded from the period under the preceding paragraph. Failure to make corrections within the time limit will result in rejection of the application.
1Upon review and approval of a Registrant's application for vehicle registration, the competent authority shall give a registration number and issue a registration completion certificate.
2The registration completion certificate shall include Registrant's information, basic information about the vehicle, registration number, registration date, valid registration term, and other necessary particulars.
3The valid term of the registration completion certificate in the first paragraph shall not be less than one year and not more than five year, subject to determination of the competent authority depending on type of vehicle.
Where the Registrant is the National Space Organization or the mandated juristic person established under Article 4 of the Act, subject to approval of the competent authority, documents under Article 8, paragraph 1, subparagraphs 2, 4, and 5, and Article 9, paragraph 1, subparagraphs 2 and 4 may not be required.
Information about vehicle's configuration safety reviews and registration may be disclosed or provided for inquiry by the competent authority. The same shall apply in the case of changes to registration information. Notwithstanding, if this information involves the Registrant's trade secrets or one of the circumstances under Article 18, paragraph 1 of the Freedom of Government Information Law, the relevant information may not be disclosed or provided.
1For a launch vehicle or spacecraft that has completed registration, the Registrant shall keep it consistent with the information contained in the registration.
2If, after a launch vehicle or spacecraft has completed registration, there is a change to the registered information, the Registrant shall apply for amendment.
3Where amendments involve vehicle's safety standards, designs, or what may have a considerable impact on vehicle's safety, functions, or launch activity, as determined by the competent authority, the competent authority may request new configuration safety reviews to be performed before approving the amendments to registration.
4In a circumstance described in the preceding two paragraphs, the competent authority shall order the Registrant to complete amendments within a time limit.
1A Registrant may apply for extension of valid registration term three months prior to expiry of the valid registration term of a launch vehicle or spacecraft, and the competent authority may grant an extension of the valid registration term at its discretion.
2Without an extension applied for pursuant to the preceding paragraph or an extension granted by the competent authority upon expiry of the valid registration term of a launch vehicle or spacecraft, the registration will become invalid ipso facto and the registration completion certificate should be returned. Without a new application for registration, the launch vehicle or spacecraft shall not be further used for space activity.
In order to verify consistency of registered information and the actual status of the vehicle, the competent authority may conduct further inspections with respect to certain particulars of vehicle's registration, random inspections, or visit the Registrant's premises or location of the vehicle for on-site inspection.
1In one of the following circumstances, the competent authority may revoke registration of a launch vehicle or spacecraft:
21. Upon the Registrant's application for revocation.
32. The incorporation documents or proofs of rights submitted by the Registration when applying for registration, or official documents issued by the ROC or foreign government are withdrawn, announced invalid, revoked or canceled under the law.
43. The Registrant is undergoing the liquidation or bankruptcy procedure, or is subject to dissolution, suspension of business, or withdrawal of acknowledgment by law.
54 In the event of changes to the registration information of the launch vehicle or spacecraft, the Registrant fails to amend the registration in accordance with Article 16, paragraph 4.
65. There is specific evidence sufficient to prove the launch vehicle or spacecraft is likely to cause space accidents or other danger.
76. The Registrant's operation or management of the launch vehicle or spacecraft is in violation of national interest or public safety.
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In case of registration of a launch vehicle or spacecraft through a fraudulent method or with falsified information and documents, the competent authority shall revoke the registration. Where criminal liability may be incurred, the case shall be transferred to the judicial authority for further action pursuant to law.
1A Registrant shall make supplementation or updates to the registration information as requested by and during the period designated by the competent authority.
2The Registrant shall have designated staff to be responsible for updates to information about vehicle and related matters.
3If the competent authority determines it necessary to amend the registration due to the supplemental or updated information submitted pursuant to the first paragraph, the requirements in Article 16 shall be complied with.
All application information and related supporting documents submitted by the Registrant in accordance with the Regulations shall be kept in the electronic or written form for 10 years for future reference.
1Standards for fees and charges for registration application shall be established by the competent authority in accordance with the Charges and Fees Act and shall be announced.
2Upon filing of registration application, the Registrant shall pay the fees and charges based on the standards published by the competent authority in accordance with the preceding paragraph.
These Regulations shall come into force upon publication.
76. Is subject to adjudication of bankruptcy, or is ordered by court ruling to commence the liquidation procedure and these rights are not restored.
87. In case of use of notes, is blacklisted by a clearing house and the restriction remains valid.
98. In a circumstance equivalent to subparagraph 1 through the preceding subparagraph in a foreign country.
109. Is listed on a controlled list of export entities of the Republic of China strategic high-tech commodities announced by the Bureau of Foreign Trade, Ministry of Economic Affairs.
1110. Specific evidence sufficient to determine the Registrant's space activity plan is likely to endanger our national security, public interest, international relationship or economy and society.
105. The operating plan for the launch vehicle, including summary of launch activities scheduled to take place, staff trainings, vehicle maintenance and other information about operation.
116. Launch period, place and launch facilities and center planned for the launch vehicle.
127. Information about spacecraft to be carried, if applicable.
13During the first registration of launch vehicle of the same model, documents for configuration safety reviews should be submitted. Notwithstanding, configuration safety reviews may be waived for registration under Article 3, paragraph 2.
14When applying for configuration safety reviews of a launch vehicle, the Registrant shall submit the following documents:
151. Application.
162. Documents that certify the designs of the launch vehicle satisfy the launch vehicle safety standards published by the competent authority, including:
17(1) Documents describing flight results of the launch vehicle or containing information about test results.
18(2) Documents describing reliability results of the launch vehicle.
19(3) Documents verifying the launch vehicle meets its design specifications.
20(4) Documents describing flight termination measures and methods that ensure safety along the flight route of the launch vehicle and neighboring areas of the launch facilities.
21(5) Documents ensuring compatibility of launch vehicle and launch facilities.
22(6) Documents describing flight tracking methods of the launch vehicle.
23(7) Other related documents required by the competent authority.
243. Documents describing flight schedule and route of the launch vehicle.
254. For reusable launch vehicle, documents describing returning route and methods.
10(4) If the spacecraft is to return to the earth, its returning methods and route.
11(5) Disposal measures when the Registrant gives up or terminate management of spacecraft or registration of the spacecraft becomes invalid.
12(6) Other related documents required by the competent authority.
13During the first registration of spacecraft of the same model, documents for configuration safety reviews should be submitted. Notwithstanding, configuration safety reviews may be waived for registration under Article 3, paragraph 2.
14When applying for configuration safety reviews, the Registrant shall submit the following documents.
151. Application.
162. Purpose and method of use of the spacecraft.
173. Structure of the spacecraft.
98. The registered vehicle is damaged or lost and is unusable for the intended purpose.
10In case of revocation of vehicle's registration in the preceding paragraph, the Registrant shall return the registration completion certificate issued by the competent authority within seven days.