Implementing Rules and Regulations of Republic Act No. 11363

WHEREAS, Republic Act No. 11363, or the Philippine Space Act, was signed into law on August 8, 2019, creating the Philippine Space Agency (PhilSA);

WHEREAS, PhilSA was established to be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national space program in line with the Philippine Space Policy;

WHEREAS, the successful establishment, development and sustainability of the national space program require a vibrant ecosystem that encourages collaboration among PhilSA, other government agencies, academic institutions, international organizations, industry, and civil society;

WHEREAS, PhilSA, in coordination with the Department of Budget and Management (DBM), Civil Service Commission (CSC), and other relevant government agencies, was directed to promulgate the necessary rules and regulations for the effective implementation of the Philippine Space Act within 90 days from its effectivity.

NOW THEREFORE, the following Rules and Regulations implementing Republic Act No. 11363 are hereby promulgated, adopted, and prescribed for the information and guidance of all concerned:

RULE 1. Declaration of Policy - It is hereby declared the policy of the State:

(a) To safeguard Philippine sovereignty, territorial integrity, Philippine interest, and the right to self-determination as mandated by Article II, Section 7 of the 1987 Constitution;

(b) To support and commit to the development, application and utilization of science and technology (S&T) that will foster patriotism and nationalism and accelerate social progress, such as, the development of space technology and applications for its security and for the benefit of its citizens;

(c) To ensure access to space and its environs as a sovereign right in the promotion of national security towards the attainment and protection of national interest;

(d) To recognize that there is an urgent need to create a coherent and unified strategy for space development and utilization to keep up with other nations in terms of space S&T;

(e) To ensure that the Philippines has official representation in the international space community for establishing cooperation agreements and linkages on space development, as well as to contribute in the development of international frameworks, norms, policies and regimes in the peaceful uses of outer space; and

(f) To ensure that the Philippines abides by the various international space treaties and principles promulgated by the United Nations and is an active participant in the international space community, including international rules and procedures concerning the Outer Space Treaty and Liability Convention, among others.

RULE 2. Definition of Terms - As used in this IRR, the following terms shall mean:

(a) Collaborating Institution refers to a government agency or academic institution that performs specific functions of PhilSA during the transition period.

(b) National Space Development and Utilization Policy (NSDUP) refers to the strategic roadmap for national space development commissioned by the Philippine Council for Industry, Energy and Emerging Technology Research and Development of the Department of Science and Technology (DOST-PCIEERD), which will serve as a guide for the Philippine Space Development and Utilization Policy also known as the Philippine Space Policy.

(c) PhilSA refers to the Philippine Space Agency created by virtue of the Philippine Space Act.

(d) Satellites include all objects launched into earth orbit and artificial objects to be placed in orbit of celestial bodies for the conduct of space exploration and other applications.

(e) Space Economy refers to the broad range of activities in the development, management, utilization, and exploitation of space and space-enabled capabilities, facilities, systems, information, and services.

(f) Space Industry collectively refers to companies and organizations engaged in commercial or economic activity relating to the design, manufacture or production, and sale of space systems and their components. The space industry is part of the larger space economy.

(g) Space Science and Technology Applications (SSTA) refer to the scientific principles and their applications to space science, engineering, and other allied fields.

(h) Space Systems are vehicles and infrastructures working together to perform a task in the space environment.

(i) Transition Period refers to the period allotted for the smooth turnover and capacity building of PhilSA, which shall not exceed five (5) years from the effectivity of this Implementing Rules and Regulations (IRR).

RULE 3. The Philippine Space Development and Utilization Policy. - The Philippine Space Development and Utilization Policy, or the Philippine Space Policy, will serve as the country's primary strategic roadmap for space development incorporating the following principles:

a. It will embody the country's central goal of becoming a space-capable and space-faring nation within the next decade;

b. It shall focus on areas of SSTA that would address national issues;

c. It shall promote the efficient utilization of space assets and resources;

d. It shall establish capacity-building measures for human resources development;

e. It shall strengthen national defense; and

f. It shall enhance international cooperation.

RULE 4. To fully operationalize the principles and framework embodied in the Philippine Space Policy, PhilSA shall craft the national space program. The Philippine Development Plan issued by the National Economic and Development Authority (NEDA) and the NSDUP of DOST-PCIEERD, among others, will be used as guides for the national space program.

RULE 5. Framework of the Space Policy - The Philippine Space Policy will focus on six (6) Key Development Areas (KDAs) for SSTA development to ensure the State's sustained progress:

(a) National Security and Development - The Philippines will focus on space applications that can preserve and enhance the country's national security and promote development that is beneficial to all Filipinos;

(b) Hazard Management and Climate Studies - The Philippines will develop and utilize SSTA to enhance its hazard management and disaster mitigation strategy as well as ensure the nation's resiliency to climate change;

(c) Space Research and Development - To spur rapid scientific growth, the Philippines will focus on conducting research and development (R&D) endeavors in vital areas of space science, technology, and allied fields;

(d) Space Industry Capacity Building - The Philippines will create a robust and thriving space industry to support the country's space program through private sector involvement and cooperation;

(e) Space Education and Awareness - The Philippines aims to establish a sustainable pool of trained space scientists, engineers, communicators, and other relevant experts that will be critical for the country's future space program and increasing public awareness on its value and benefits; and

(f) International Cooperation - Through international partnerships and collaborations, the Philippines will become a key player in the Association of Southeast Asian Nations (ASEAN), regional, and global space community by providing significant contributions and capabilities on SSTAs.

RULE 6. During the transition period, the members of the Philippine Space Council as described in Section 13 of the Philippine Space Act and in Chapter V of this IRR, their attached agencies, and other agencies as may be identified by PhilSA as Collaborating Institutions, shall assist in the fulfilment of PhilSA's KDAs.

I. Policy, Planning and Coordination

(a) Assist the State in the creation, development, and implementation of national and international space policies. Toward this end, PhilSA shall ensure proper coordination with relevant government agencies and institutions on the adoption and/or implementation of various international space treaties and principles promulgated by the United Nations, including international rules and procedures concerning the Outer Space Treaty and Liability Convention, among others;

(b) Plan, implement, direct, and manage programs and projects relating to scientific space R&D and the application of space technology;

(c) Take hold of money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made in such manner as shall best promote the PhilSA's objectives;

(d) Implement the Philippine Space Policy in line with a coherent and unified strategy for space development;

(e) Coordinate all space activities of various sectors and stakeholders in the Philippines, in accordance with existing laws; and

(f) Provide appropriate and accurate advice to the President of the Philippines and other government agencies on space-related issues and concerns.

II. Improved Public Access and Resource-Sharing

(a) Develop, construct, acquire, manage, maintain, and operate space research, development, and operation facilities and systems on behalf of the Philippine Government for use of various government agencies and other stakeholders; and

(b) Assist departments and other agencies of the State, as well as the private sector, in the utilization of SSTA and data/information to aid in the performance of their respective mandates and duties. Toward this end, PhilSA shall formulate and implement data management policies among institutions including open data sharing protocols, taking into account relevant privacy, security, and technical classification requirements. These policies will promote and harmonize spaceborne information, knowledge, and capability-sharing, database-building, and network linkages.

III. Research and Development (R&D)

(a) Perform basic and applied R&D relating to SSTA in collaboration with universities, industries, and other institutions in accordance with the agreed terms of cooperation;

(b) Design, develop, and construct space systems and facilities necessary thereof, as well as build, launch, track, and operate satellites on behalf of the Philippine Government; and

(c) Promote the growth of space S&T through R&D.

IV. Education and Capacity Building

(a) Establish programs that would develop space education and promote public awareness;

(b) Provide grants and contributions in support of programs or projects relating to scientific or industrial space R&D and application of space technology;

(c) Provide services and facilities for the use by entities conducting academic R&D relating to SSTA;

(d) Promote equal opportunity and gender equality in space activities through capacity-building and science, technology, engineering, and mathematics (STEM) education; and

(e) During the transition period, funds appropriated to PhilSA for scholarships for baccalaureate and graduate degree programs in SSTA may be administered by the Science Education Institute of the Department of Science and Technology (DOST-SEI) and other institutions with similar scholarship programs.

V. Industry Development

(a) Promote the development of a robust and vibrant local space industry and economy;

(b) Promote the transfer and diffusion of space technology throughout the Philippine industry;

(c) Encourage the commercial exploitation of space capabilities, technology, information, facilities, and systems;

(d) License, sell, or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property controlled;

(e) Disseminate the result of R&D activities and promote the utilization thereof, except when information is deemed confidential for national welfare and security and for the protection of intellectual property rights; and

(f) Encourage the responsible use of SSTAs to promote sustainable development.

VI. International Cooperation

(a) Cooperate with space-related agencies of other countries and international space organizations in the peaceful use and development of space;

(b) Maintain a national registry of space objects in accordance with the United Nations Convention on Registration of Objects Launched into Outer Space and other international guidelines. Likewise, furnish the United Nations Office for Outer Space Affairs with information contained in the National Registry of Space Objects as required under the Registration Convention;

(c) Enter into contracts, treaties, memorandum of understanding/agreement or other arrangements on behalf of the State, in consultation and coordination with the Department of Foreign Affairs and/or other concerned agencies which include bilateral, regional, and multilateral agreements and other forms of international cooperation to promote the development of Philippine SSTAs, foster the development of relevant and appropriate space capabilities, and facilitate the exchange of expertise and technology on a mutually acceptable basis;

(d) Establish and maintain linkages with other national space agencies and organizations; and

(e) Represent the Philippines in the United Nations Committee on the Peaceful Use of Outer Space and other similar space-related forums, assemblies, and organizations, ensuring that the Philippines is an active participant and contributor in the international space community.