#41
|
|||
|
|||
X Prize 2
1) We had our application accepted back in October 2003; on
April 23, 2004 it was approved. I was at Space Access 2004 conference in Phoenix when Jeff accepted his launch license. What a milestone moment for the alternative space access movement! We're all a bit closer to going up after this occassion. I must admit that the AST office of the FAA is not a significant hurtle to alternative space access and the possibility of anyone's traveling in space is improving :-) hooray! [Here's wishing John C. much success when he applies for *his* license] |
#43
|
|||
|
|||
X Prize 2
(I attempted to post this about 2 weeks ago, with another try a week ago.
It never made it to the moderator either time. While the thread has run its course, I'd like to get this "on the record" anyway.) Charles Buckley wrote: Jim Logajan wrote: I believe U.S. citizens can buy stock in foreign aerospace firms. They can be party to their establishment - all quite legally and without contacting the FAA. If you believe differently, it would help if you cited appropriate statute or case law. .. http://ast.faa.gov/aboutast/701complete.htm Thank you for the citation! It brings out some useful information, but unless I'm misreading things, nothing you've quoted appears to contradict my paragraph above. Specifically: In this chapter - (1) ''citizen of the United States'' means - (A) an individual who is a citizen of the United States; (B) an entity organized or existing under the laws of the United States or a State; or (C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause. ie, it is solely at the discretion of the Secretary of Transportation as to who this applies to. "controlling interest" is quite often less than 50% of the stock. Here's a definition of controlling interest from: http://www.faa.gov/avr/arm/a401-1.pdf "United States citizen means: (1) Any individual who is a citizen of the United States; (2) Any corporation, partnership, joint venture, association, or other entity organized or existing under the laws of the United States or any State; and (3) Any corporation, partnership, joint venture, association, or other entity which is organized or exists under the laws of a foreign nation, if the controlling interest in such entity is held by an individual or entity described in paragraph (1) or (2) of this definition. Controlling interest means ownership of an amount of equity in such entity sufficient to direct management of the entity or to void transactions entered into by management. Ownership of at least fifty-one percent of the equity in an entity by persons described in paragraph (1) or (2) of this definition creates a rebuttable presumption that such interest is controlling." Pretty onerous, and I despise the regulatory overreach - yet the definition seems to provide enough wiggle room for a U.S. citizen to accomplish their goal without FAA intrusion. E.g. ownership of non-voting stock, establishment of a contract with a large penalty clause that would allow minority investors access to flight slots, etc. None of which seem to allow investors to direct management or void management transactions. Furthermore, as best I can make out, all such regulations seem to pertain to licensing of the launch itself, not construction of the launch vehicle. Until an attempt to launch, a launch license from the FAA would not be needed. Certainly none is needed to invest up to that point! And if a foreign company (with, for example, 34% ownership by a U.S. citizen) did launch from a foreign country without getting an FAA launch license, two items would impede the FAA: 1) Trying to enforce its jurisdictional overeach, 2) Dealing with any political headaches that the target could muster. And.. Title V Sec. 2410b. - Missile proliferation control violations (A) If the President determines that a United States person knowingly - (i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.), section 5 or 6 of this Act (section 2404 or 2405 of this Appendix), or any regulations or orders issued under any such provisions, (ii) conspires to or attempts to engage in such export, transfer, or trade, or (iii) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in subparagraph (B). First, the above regulations all refers to trade, transfer, or export of prohibited items. Not to manufacture and subsequent self use. Secondly, it is worthwhile to note the nature of the applicable sanctions (from http://www4.law.cornell.edu/uscode/22/2797a.html): "(2) The sanctions which apply to a United States person under paragraph (1) are the following: (A) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years - (i) United States Government contracts relating to missile equipment or technology; and (ii) licenses for the transfer of missile equipment or technology controlled under this chapter. (B) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR, then the President shall deny to such United States person for a period of not less than 2 years - (i) all United States Government contracts, and (ii) all export licenses and agreements for items on the United States Munitions List." I'm afraid I don't see any mention of jail time. Nor does there seem to be any FAA involvment at this point either, just the executive branch. |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Wednesday, Sep 29 -- the first SpaceShipOne flight in a two-part try at the X-Prize. | Jim Oberg | Space Shuttle | 0 | July 27th 04 10:09 PM |
was June 21 an X Prize attempt? | Tamas Feher | Space Shuttle | 23 | June 27th 04 03:21 AM |
Private Rocket SpaceShipOne Makes Third Rocket-Powered Flight | Rusty B | Space Shuttle | 10 | May 16th 04 02:39 AM |
SSTO propulsion overview | Henry Spencer | Technology | 80 | May 12th 04 02:06 PM |