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<\/p>\nU.S. Statement as prepared for U.S. Representative Caitlin Poling \u2013 Agenda Item 9 \u2013 POTENTIAL LEGAL MODELS FOR ACTIVITIES IN EXPLORATION, EXPLOITATION AND UTILIZATION OF SPACE RESOURCES
\nVienna, Austria, April 17, 2026<\/p>\n
Thank you, Chair. \u00a0As a part of this new Golden Age of space exploration and discovery, we must use space resources in order to execute our missions to explore space and support a long-term presence on the lunar surface and beyond. \u00a0The Artemis program missions, which will be undertaken with commercial and international partners, will break new ground for humanity \u2013 preparing us to go deeper into space than ever before.<\/p>\n
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The research, exploitation, and use of space resources will be essential as we seek to return to the lunar surface, establish long-term human presence there, and enable more cost-effective travel into the deepest reaches of space. \u00a0We now know that relying on the extraction and transportation of Earth\u2019s limited resources to support sustained human exploration of the Moon and missions to Mars and beyond is both operationally and economically impractical and likely, in some cases, infeasible.<\/p>\n
Governments and the private sector are actively developing technologies to build solar panels, habitats, and other infrastructure using lunar regolith and to produce propellant from lunar ice. \u00a0This type of activity necessitates large investments of taxpayer dollars and private funds. \u00a0These investments carry significant inherent risk and may not always yield successful outcomes. \u00a0The United States is leading the world in science and innovation on the Moon through novel programs like the Commercial Lunar Payload Services, or CLPS. \u00a0Despite the costs and risks of these public-private partnerships, the United States \u2013 along with our partners, continues to be transparent and share scientific data and ensure scientific results are made publicly available as appropriate and consistent with the Outer Space Treaty. \u00a0Discussions about benefit sharing of resources that have yet to be successfully extracted and used on a large-scale basis are counterproductive. \u00a0We have an exciting opportunity in this body to engage in efforts which can enable safe, sustainable, and transparent space resource activities.<\/p>\n
Over the past few years, this body has heard from leading government and private sector experts that resource exploration and surveying missions, as well as initial technology demonstration missions, must take place before widespread space resource utilization activities can occur. \u00a0Establishing rules in international law given the scientific, technical, and operational uncertainties would be inadvisable, and doing so may needlessly hinder the development of the potential benefits, including scientific benefits of, space resource activities before they even take place.\u00a0 The four core space treaties provide a basic legal framework within which States can ensure their interests are protected during these initial missions.<\/p>\n
The United States reiterates its long-standing view that utilization of space-based resources \u2013 including commercial utilization \u2013 can be done consistently with the four core United Nations space treaties.\u00a0 Under Article II of the Outer Space Treaty, outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claims of sovereignty, by means of use or occupation, or by any other means. \u00a0In the U.S. view, this prohibition on national appropriation does not, however, limit ownership to be exercised by States or private entities over those natural resources that have been removed from their place on or below the surface of the Moon or other celestial bodies when consistent with U.S. international obligations and domestic law.\u00a0 Such removal is permitted by Article I of the Treaty, which provides that outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States. \u00a0The Outer Space Treaty shapes the manner in which space resource utilization activities are carried out, but it does not broadly preclude such activities.<\/p>\n
We do, however, see potential benefits of a general, high-level initial set of non-binding principles to help ensure that all nations engaged in space resource activities share a common set of fundamental beliefs in the rule of law, transparency, open science, interoperability, avoiding the creation of harmful interference, and acting with peaceful purpose, among others.\u00a0 The Artemis Accords underscore these and other critical principles, and these principles form a starting point for our efforts on space resource activities. And our private sector partners are essential in sharing their views of what is currently feasible and what product from this body would help enable their success.<\/p>\n
We are grateful for the leadership of Chairman Freeland and Vice Chair Ahmed and look forward to productively engaging in the Working Group on space resources towards a pragmatic outcome to draft a set of high-level, non-legally binding principles that are well-informed by activities underway by the private sector and space agencies alike.\u00a0 The United States intends to use ground development and early space resource demonstration missions to inform our inputs to this working group, which will help define and develop best practices for subsequent activities.<\/p>\n
Thank you, Chair.<\/p>\n