-T9P-S-ECREF-

-1St NATIONAL RECONNAISSANCE OFFICE

WASHINGTON, O.C.

THE NRO STAFF • May 28, 1971

MEMORANDUM 

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SUBJECT: Satellite Contingency Planning

In addition to the knowledge already available on the

re s a body o i ormat on w c s not e

adequately explored. This is contained in several United

Nations documents and the National Satellite Reconnaissance

Policy.

If we elect t n response to a

suspected Soviet in reacting defensively,

suggestive of tacit acknowledgement that we might not have a

full and legal right to traverse the borders of the Soviet

Union through space. Yet this is contrary to our national

policy and the conventions agreed to before the United Nations.

The National Security Council has declared that the

United States should maintain the legal position that the

'principles of international law and the U.N. charter apply

to activities in outer space and, specifically, that outer

space is free, as are the high seas. This policy further

declares that reconnaissance activities in outer space are

legitimate and that we should avoid declaring or implying

that such activities are not "peaceful uses." This national

policy goes on to say that where feasible the U.S. should

seek to gain acceptance of the principles of the legitimacy

of space reconnaissance. When confronted by specific Soviet

pressure to outlaw reconnaissance activities in space, we

should take a public stand for the legitimacy of the principle,

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the precise form and extent of which would depend upon

the circumstances of the confrontation.

United Nations Resolution 1962 (XVIII) pertains to the

activities of Nations in the exploration and use of outer

space. This resolution declares that the activities of States

in the exploration and use of outer space shall be carried on

in accordance with international law including the charter

of the United Nations, in the interest of maintaining international peace and security and promoting international

cooperation and understanding. Fdrthermore, States shall

conduct all their activities in outer space with due regard

for corresponding interests of other States. If a State

believes that its outer space activities would cause potentially

harmful interferences with activities of other States, appropriate international consultation shall be undertaken before

proceeding with any such activity. Thus there is, through

the United Nations mechanism, a mandate which permits us to

operate freely in space.

United Nations General Assembly Resolution 2222 (XXI)

is the treaty governing the exploration and use of outer

space. This treaty further elaborates on the points identified

above. It provides that parties to the treaty bear international liability for damage to another State including

objects in space belonging to another country.

While the provisions of the United Nations treaty and

international law certainly do not preclude the Soviets

attempting to interfere with and destroy a U.S. satellite,

they do provide us with a sound basis to decry any such

Soviet activity openly before the United Nations membership

and the world at large. Should the Soviets intercept and

destroy any U.S. satellite--whether a reconnaissance mission •

or not--it would be appropriate to reopen the subject.

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