REMOTE SENSING PRINCIPLES: DETAILED ANALYSIS

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92B00181R001801710017-5
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• Original Classification: C
• Document Page Count: 19
• Document Creation Date: December 23, 2016
• Document Release Date: July 10, 2012
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• Content Type: MISC

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Remote Sensing Principles: Detailed Analysis
The Principles as formulated and reported in last
year's LSC report (A/AC.105/218) are attached as tab.
Principle I
International Organizations
Footnote 1 - stipulates that the matter of the
application of these principles to international inter-
governmental organizations is to be considered later.
This appears acceptable. The possible application to such
organizations should be borne in mind throughout the debates
on the subject.
Scope
The scope of the principles is defined at present to
include "remote sensing of the natural resources of the
earth and its environment." This phrase has not been
controversial in the past but may become so. Footnote 2
points out that this phrase is not completely agreed and
is subject to further discussion. The US introduced this
terminology some years ago attempting to distinguish the
remote sensing of the natural features of the earth and its
environment from remote sensing of man-made structures
(e.g. missile silos, roads, trucks, etc.) It is essential
to limit the scope of these principles in order to avoid
their application to our classified reconnaissance activi-
ties.
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We are not aware that any country has in mind making
these principles cover our classified activities. However,
in light of public acknowledgement of the "fact-of" such
activities, it is possible that such an attempt would be
made. We note that the Soviet Union in its Convention
on Transfer and Use of Data of the Remote Sensing of the
Earth from Outer Space, signed by a number of'Eastern
European countries, has defined "remote sensing of the
earth from outer space" to include "anthropogenic objects
and formations". When queried informally on the intent
of that phrase, the Soviet del to last year's Outer Space
Committee meeting said they intended to include such things
as factories, missile silos, and ships.
The distinction we are attempting to draw will be
very difficult to maintain if others are intent on including
sensing of man-made objects in the scope of these principles.
It is obvious that imagery of sufficiently fine resolution
will enable the identification of man-made objects even
though its purpose may be the sensing of the natural resources
of the earth.
The direct approach, i.e. explicitly excluding from the
scope of the principles those activities we consider sensi-
tive, has certain pitfalls. If, for example, we propose
to exclude remote sensing pertaining to the verification of
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arms control agreements, we may expect some difficulty
from those countries who have supported the French
proposal for an international satellite verification
agency. Nevertheless, the LSC is a consensus forum and
a definition of scope inimical to our interests can be
prevented.
There are several principles already agreed upon to
a large extent that could be troublesome to us if classified
remote sensing is included. These include Principles II,
IV, VIII,. and XII. In addition, new principles XIII to
XVI-I could also prove troublesome.
An alternative approach could be to adjust the trouble-
some principles so that their impact on sensitive remote
sensing activities is acceptable. This approach was
taken in the discussion of Principle X.
Definitions
The definitions of primary data and analyzed information
have been included subject to further discussion. The
words "primary" and "analyzed" have been bracketed. These
terms are useful because they emphasize the distinction
between data and information in the context of the principles.
However, if none see confusion arising if the bracketed terms
are omitted, we should be able to accept it. Also bracketed
in the definition of information is a reference to the previous
definition of data. This again tends to clarify the meaning
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of the word. However, if none find its omission confusing
we should be able to accept it.
Principle II
This principle is acceptable if the term "should" is
selected.
We read this principle as permitting both private
sector and classified activities even though the opportun-
ities for international cooperation may be limited and it
may be argued by others that these activities are not in
the interests of all countries.
Principle III
This is acceptable if the bracketed "should" is chosen.
Principle IV
This is acceptable if "should" is selected.
We read this principle as permitting both private
sector and classified remote sensing activities even though
opportunities for international cooperation may be limited.
Principle V
This is acceptable if the "should"s are chosen. There
is no implication in our view, that the parties are expected
to or obliged to examine all data searching for information
',l(2
useful for preventing phenomena detrimental to the nat
environment. Nor would the parties fall short of their
obligations if such phenomena occurred and had not been
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identified in relevant remote sensing data. In our reading
of this principle, parties are expected to identify and -
make available such information as comes to their attention.
25X1
Principle VI
Principle VIII
This principle is acceptably In our reading it
classified data. In
a case in which data or imfo mation pertaining to an
impending natural disastercan~-be. This presupposes that
information derived from remote sensing on an impending
natural disaster will never be withheld.
Such data and/or information in private hands is
likewise subject to this principle. However, in our
reading it does not prevent proprietary interests in data
or information in general, but does in effect deny pro-
prietary rights in data or information obtained from remote
sensing pertaining to an impending natural disaster.
Principle IX
This principle is to be considered in connection with
the formulation of a principle on dissemination of data or
information
;uiIFIOENTIRL
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The worst " " is not acceptable.
Two options remain:
a) data/information should be used in a manner compatible
with legitimate rights and interests of other states; or
b) data/information should not be used to the detriment
of the legitimate rights and interests of other states.
Option (a) is a formulation that avoids excluding
explicitly any use of data/information. Option (b)
explicitly excludes uses detrimental to other states.
The positive formulation, Option (a),should be chosen.
The legitimate rights and interests of other states
are not defined. Presumably they would include military
and economic areas. We read this principle as permitting
our classified remote sensing activities; they are clearly
for the purpose of maintaining international peace and
stability and are therefore compatible with the rights and
interests of other countries. We also read the principle
as permitting private sector remote sensing.
Principle X
Acceptable if "should" is chosen. This principle
implicitly recognizes that countries do have laws and
regulations that may prevent the disclosure of certain
technical information. Such laws and regulations in our
view include: export control; classification; and pro-
tection of proprietary rights..
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Principle XI
"Should" is to be selected.
In order to make the remaining language of this
principle consistent with the language of the 1967 Outer
Space Treaty, the principle sLould read as follows:
"States should bear international responsibility for
national activities of remote sensing of the earth, whether
such activities are carried on by governmental agencies or
by non-governmental entities and for assuring that national
activities are carried out in conformity with the provisions
of these principles.
This formulation differs from any of the options in
Principle XI. The contentious point is the question of
"guarantees" that such activities comply with these
principles. A guarantee appears to go beyond an assurance.
It may imply some sort of pecuniary liability. We should
.not accept this term. However, if the term "assurance" can
be substituted for guarantee we should be able to accept.
Principle XII
"Should" instead of "shall".
This principle is subject to review in the light of
the discussion orl access to data by third states.
Agreement of Sensing State
Access to data is to he timely and non-discriminatory
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and on reasonable terms. The proviso that these terms
"be mutually agreed upon with the sensing state" retains
for the sensing state a measure of control over access.
This is necessary in order to avoid having the "reasonable"
terms dictated by others.
Basis for Access
Some have argued for access on a continuous and
priority basis. This would impose administrative burdens
difficult to handle. In a program such ! Landsat where the
number of countries sensed is very large, it would be next
to impossible to arrange for each country to have continuous
and priority access to the data. What does seem manageable
is to provide access for the sensed state no later than
any third state. Therefore the first expression should
be deleted and the second acceptable.
Classified and Private Sector Activities
This principle cannot. apply to classified activities.
We do provide classified remote sensing data to other
countries under stringent controls. This is done generally
without providing such access to the sensed country. It
would be against our national security and foreign policy
interests to provide such access to the sensed country as
a general practice.
The principle would apply to unclassified private
sector activities.
S0~IFIDENTIPL _
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Principle XIII
This principle deals with the question of "full
and permanent sovereignty of all states and peoples over
their own wealth and natural resources". The United States
has not recognized such a principle -- the term "permanent
sovereignty" suggests that resources may be traceable into
end products and perhaps recoverable by the sovereign
at some stage. There is no question of the sovereign rights
of a state over the natural resources within its jurisdic-
tion but that is not the subject of the principle. The
f2Ow
US cannotAaccept this or any principle based on or including
the notion of "permanent sovereignty".
"Shall" is not acceptable.
If at some stage the US may be willing to accept a
notion of permanent sovereignty, the notion should be
qualified to take adequately into account the rights and
.interests of others. The term "with due regard..."
for such rights and interests is not adequate. It would
be better to elevate the consideration of the rights and
interests of others in accordance with international law
to higher priority. Thus language might he acceptable as
follows:
"...when that does not conflict with the rights
and interests of other states.and their natural and juri~-
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dical persons in accordance with international law..."
The bracketed term "as well as their inalienable
right to dispose of their natural resources" should
follow directly the words "over their own wealth and
natural resources". If it is made to do so it then is an
elaboration on the principle of permanent sovereignty and
can be accepted if the basic principle is accepted. If
the bracketed term is not moved ahead of the term dealing
with the rights and interests of others, its meaning is
unclear and cannot be accepted.
The bracketed term "and of information concerning
those resources" cannot be accepted. It is intended to
go along with the previous bracketed term and to describe
an inalienable right of a state over the disposing of
information concerning its resources. While we would
see no problem in a State's asserting sovereign control
over information in its own hands, it is impossible to
accept the notion of such control over information in the
hands of other states or entities outside that state. This
notion also seems counter to the prIbiples regarding the
free flow of information without regard to natural frontiers.
Principle XIV
This principle deals. with notice regarding the conduct
of remote sensing activities. Provided this deals only
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with unclassified activities we should be able to accept
a principle calling for notice. There are practical
considerations that would make it extremely difficult
and possibly costly to provide detailed information on
a day to day basis concerning territories covered in a
program of global remote sensing (e.g. Landsat). Never-
theless, we do provide a great deal of information con-
cerning geographical coverage mission parameters,
sensor characteristics, etc. for certain unclassified
activities such as Landsat and we should have no difficultly
in accepting a principle along those lines.
should be understood that advance notice is apt
to be changed in details such as coverage and time. Notice
of activities being conducted is preferred.
Notice should be given to the Secretary General of
the UN. A requirement to notify directly each of the more
than 100 states that may be sensed would be burdensome for
the US. Moreover, the UN should in this fashion serve as
intermediary emphasizing the idea that the sensing country
is not obligated to the sensed country.
Principle XV
This principle deals with consultation on request
of the sensed state. This principle is generally acceptable
if "should".is selected.
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It stipulates that a sensing state should consult
without delay. It would be better if it said that sensing
state should consult when requested. Some delays are
unavoidable in most circumstances and it would very diffi-
cult therefore to abide by this provision.
The dissemination of data appears to be an activity
reasonably included in the possible subjects of consultation.
However, dissemination of information is not. The information
resulting from analysis of remote sensing data can be in
the hands of entities having proprietary rights to the
results of their analyses and may even be in the hands of
other governments. It would be inappropriate to consult
on the question of information dissemination in general.
This principle would be acceptable. even if classified
activities were deemed included for it does not require
divulging any specific information.
Principle XVI
This principle cannot be accepted. The sensing state
should retain its responsibility and prerogatives concerning
data dissemination. These decisions cannot be based on
a requirement of approval of the sensed state. It is
conceivable that a substitute principle might be offered
along the following lines:
"States, carrying out remote sensing of the earth
should be mindful of the.interests and sensitivities of
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of other states in the dissemination of data resulting
from such remote sensing."
Again, information must be excluded from coverage.
The principle as formulated in the annex would impact
adversly upon both classified and private sector remote
sensing.
Principle XVII
This principle addresses the matter of dispute
settlement. It calls for prompt consultations among the
disputing parties. If such consultations fail to resolve
the dispute this principle calls for seeking solutions
through other established procedures.
The word "should" is to be selected.
It is not unreasonable to provide for the settlement
of disputes. Consultations among the parties seem an
appropriate and acceptable mechanism.
We should not agree to a provision for dispute settle-
ments that deprives the US of the competence to control
its own remote sensing activates.. In particular, we should
not permit matters such as these raised in discussing
these principles to be settled against our interests.
The provision suggested should be acceptable since it is
conditioned on mutual agreement by the parties.
Annex V - Principle XII
This. was submitted by the Mongolian delegation to
the Legal Subcommittee last year. It is an alternate
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formulation to principle XIII discussed above. It is
unacceptable for the reasons put forth above.
OES/SA:IMPikus:mr 2/7/79
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A/AC.105/218,
English
Annex III
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Appendix
Principle 11/
For the purposes of these principles with respect to remote sensing of the
natural resources of the earth and its environment: 2/
(a) The term "remote sensing of the earth" means "remote sensing of the
natural resources of the earth and its environment". 3/
*(b) The term "primary/ data" means those primary/ data which are acquired
by satellite-borne remote sensors and transmitted from a satellite either by
telemetry in the form of electromagnetic signals or physically in any form such
as photographic film or magnetic tape, as well as preprocessed products derived
from those data which may be used for later analysis.
*(c) The term "/analysed/ information" means the end-product resulting from
the analytical process performed on the Lprimary/ data /as defined in
paragraph (b) above/ combined with data and/or knowledge obtained from sources
other than satellite-borne remote sensors.
Principle II
Remote sensing of the earth from outer space and international co-operation
in that field /shall/ /should/ be carried out for the benefit and in the interests
of all countries, irrespective of their degree of economic or scientific
development, and taking into consideration, in international co-operation, the
particular needs of the developing countries.
Principle III
Remote sensing of the earth from outer space /shall/ /should7/be conducted
in accordance with international law, including the Charter of the United Nations
* The question of the introduction of these definitions into the texts of
the principles is to be considered later.
1/ The question of the application of these principles to international
intergovernmental organizations will be considered later.
2/ The formulation "with respect to remote sensing of the natural resources
of the earth and its environment" will be reviewed in light of the title to be
given to the principles.
3/ This term is still subject to further discussion: In the view of some.
delegations, it would be necessary in the future work to further define the meaning
.of the words "remote. sensing of the earth and its environment".
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Annex III
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and the Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and other Celestial Bodies.
Principle IV
1._ States carrying out programmes for remote sensing of the earth from outer
space /should/ /shall/ promote international co-operation in these programmes. To
this end, sensing States /should/ /shall/ make available to other States
opportunities for participation in these programmes. Such participation should
be based in each case on equitable and mutually acceptable terms due regard being
paid to elements ....
2. In order to maximize the availability of benefits from such remote sensing
data, States are encouraged to-consider agreements for the establishment of shared
regional facilities.
Principle V
Remote sensing of the earth from outer space /should/ /shall/ promote the
protection of the natural environment of the earth. To this end States
participating in remote sensing /should/ /shall/ identify and make available
information useful for the prevention of phenomena detrimental to the natural
environment. of the earth.
Principle VI
_ States participating in remote sensing of the earth from outer space /should/
/shall/ make available technical assistance to other interested States on mutually
agreed terms.
Principle VII
1. The United Nations and the relevant agencies within the United Nations
system should promote international co-operation, including technical assistance,
and play a role of co-ordination in the area of remote sensing of the earth.
_ 2. _States conducting activities in the field of remote sensing of the earth
/shall/ /should/ notify the Secretary-General thereof, in compliance with
article XI of the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and other Celestial Bodies.
Principle VIII
Data and/or information obtained by remote sensing of the earth indicating an
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impending natural disaster shall be disseminated as promptly as possible to those
States likely to be affected.
Principle IX 1/
Taking into account the principles I and_II_above, remote sensing data or
information derived therefrom /shall/ /should/ /not/ be used by States /to the
detriment of/ a manner compatible with/ the legitimate rights and interests
of other States.
Principle X
States participating in remote sensing of the earth either directly or through
relevant international organization /shall/ /should/ be prepared to make available
to the United Nations and other interested States, particularly the developing
countries, upon their request, any relevant technical information involving possible
operational systems which they are free to disclose.
Principle XI
States /shall/ /should/ bear international responsibility for /national/
activities of remote sensing of the earth /irrespective of whether/ /where/ such
activities are carried out by governmental /or non-governmental/ entities, and
/shall/ /should/ /guarantee that such activities will/ comply with the provisions
of these principles.
Principle XII
A sensed State /shall/ /should/ have timely and non-discriminatory access
to. data obtained by remote sensing of the earth from outer space, pertaining to its
territory on reasonable terms /to be mutually_agreed upon with the sensing State/
and to the extent feasible and practicable, /shall/ /should/ be provided with such
data on such terms /on a continuous and priority basis/ /and in any case no later
than any third State/. 2/
Principle XIII
Without prejudice to the principle of the freedom of exaloration and use
1/ Should be considered in connexion with the formulation of a principle on
dissemination of data or information and subject to later discussion of the terms
"information" and "data".
2/ Subject to review in the light of the discussion. on access by third States..
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of outer space, as set forth in article I of the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, including the
Moon and other Celestial Bodies, remote sensing of the earth /should/ /shall/ be
conducted with respect for the principle of full and permanent sovereignty of all
States and peoples over their own wealth and natural resources /with due regard to
the rights and interests of other States and their natural and juridical persons in
accordance with international law/ /as well as their inalienable right to dispose
of their natural resources/ /and of information concerning those resources/./
Principle XIV
//A State which intends to conduct remote sensing of the earth from outer
space shall give advance notification to the States whose territory will be
sensed./ /A State /intending to conduct/ /conductins/ remote sensing activities
of the earth from outer space shall notify the Secretary-General of the United
Nations and /upon reguest/ the States whose territory is intended to be covered
by such activities /to the fullest extent feasible and as soon as practicable/
of the intended launch, /nature of the/ mission, duration and coverage of such
activities. The Secretary-General shall publish information thus received.///
Principle XV
/A State carrying out remote sensing of the earth /shall/ /should/ without
delay consult with a State whose territory is sensed upon request of the latter
in regard to such activity, /in particular dissemination of data and information,/
in order to promote international co-operation, friendly relations among States
and to enhance the mutual benefits to be derived from this activity./
Principle XVI
/States carrying out remote sensing of the earth shall not, without the
approval of.the States whose territories are affected by these activities,
disseminate or dispose of any data or information on the natural resources of these
States to third States, international organizations, public or private entities./
Principle XVII
/Any dispute that may arise with respect to the application of these principles
/shall/ /should/ be resolved by prompt consultations among the parties to the
dspute. _Where a mutually acceptable solution cannot be found by such consultations
Lt./shall/ /should/ be sought through. other established procedures for the peaceful
deans of settlement of disputes mutually agreed upon by the parties concerned./
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Annex V
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Annex V
LEGAL IMPLICATIONS OF REMOTE SENSING OF THE EARTH FROM SPACE,
WITH THE AIM OF FORMULATING DRAFT PRINCIPLES
Working paper submitted by Mongolia
(document A/AC.105/C.2/L.113 of 28 March 1978)
Principle XII
Without prejudice to the principle of the freedom of exploration and use of
outer space, as set forth in article I of the Treaty on Principles.Governing the
Activities of States in the Exploration and Use of Outer Space, including the Moon
and Other Celestial Bodies, remote sensing of the Earth should be conducted on the
basis of the principle of the full and permanent sovereignty of all States and
peoples over their own wealth and natural resources, and of due respect for their
inalienable right to dispose of their natural resources.
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