COSTA RICA - Creation of the Costa Rican Space Agency (AEC)

Background.-

We can't talk about the creation of the Costa Rican Space Agency (AEC) without first mentioning Dr. Franklin Chan Díaz, a "true paradigm pioneer," the Costa Rican astronaut who has raised the country's reputation and become a clear benchmark in the global aerospace race, having completed seven space missions and a total of 1,600 hours in space. Without a doubt, this has motivated many other Costa Ricans and Latin Americans to follow in his footsteps.

For its part, the Costa Rican Technological Institute (TEC), based in the Central Canton of Cartago, through its Space Systems Laboratory (SETEC-Lab), in a determined and visionary way, conducts academic research in this interesting, specialized and novel subject.

As one thing, the TEC Researchers take another, it did not take long to launch the Irazú Satellite into space, a product of the discipline of those who want things and the rigor of the academic method, said

About the Space Agency.-

A space agency has among its functions, research in space science, earth observation and the commercial use that can be given to it, or related services.

The space race has allowed the participation of government agencies, academia, private companies and citizens of different countries, who have participated jointly in many missions to space, which has been seen in the construction of satellites, and research projects of diverse nature.

The space agencies also serve for the generation of income to the countries in topics such as telecommunications, meteorology, navigation and global positioning based on GPS, and maps, which mean Investigation and development that serves us all in fields such as medicine, civil aviation, engineering and many other areas of human endeavor.

In Latin America, countries such as Mexico, Brazil and Peru, have this type of organization, and Costa Rica should not be left behind for many reasons, one of them is that it has a very important specialized professional base, which has even been trained in NASA, and there is a National High Technology Center (CENAT), which has taken the research work in its laboratories to nanotechnology in advanced computing and biotechnology.

Another no less important element is the geographical location of Costa Rica, which has special competitive advantages, which is why Liberia, Guanacaste, has been considered the place where the project will be developed, given the climatic conditions for observing the Universe.

On the Law for the Creation of the Costa Rican Space Agency (AEC) .-

After a long legislative journey, file No. 21,330 was approved on February 18, 2021, but it still needs the signature of our President of the Republic, who has spoken in favor of it, and there seems to be no minimum an indication of a partial or total veto of the project, except for the budgetary issue to provide funds to the Agency.

Now I will refer to the text of the Law, in what concerns the OBJECT, GUIDING PRINCIPLES and LEGAL NATURE of the same, and the FUNCTIONS, both of the Costa Rican Space Agency, and of the Guanacasteco Space Center, without going into details of organization, budgeting , and assets in general:

Article 1-Object, establishes the regulatory framework of the Costa Rican Space Agency (AEC), which will allow the design, development, execution and implementation of the national space strategy.

Article 2-Guiding Principles, makes a reference to International Law, and to the same Human Rights that are known as Fourth Generation, and are included in the following principles established by the United Nations on the use of outer space for peaceful purposes, being these:

a) The exploration and use of outer space should be done for the benefit and in the interest of all countries, since it concerns all of humanity.

(b) Outer space and celestial bodies may be freely explored and used by all countries under conditions of equality and in accordance with international law. Outer space shall not be subject to national appropriation by claim of sovereignty, use or occupation, or in any other way.

c) The exploration and use of outer space shall be carried out in accordance with international law, including the Charter of the United Nations, in the interests of the maintenance of international peace and security, the promotion of international cooperation and international understanding.

d) All activities in outer space must be guided by the principle of cooperation and mutual assistance, and in all their activities they must take due account of the interests of other countries.

e) When carrying out activities in outer space, as well as in the celestial bodies, astronauts must provide all possible help to other astronauts from other countries and international agencies.

f) The exploration and use of outer space will be carried out exclusively for peaceful purposes and will not involve the installation of any object that carries nuclear weapons or any other type of weapons of mass destruction, or military fortifications.

(g) The exploration and use of outer space shall promote the protection of the Earth's natural environment and shall use all means to protect humanity from natural disasters. The environmental effects of these activities in outer space shall also be taken into account.

(h) The Agency shall be the national institution responsible for authorizing and supervising national activities in outer space carried out by governmental agencies and non-governmental entities. It shall also be responsible for ensuring that such activities comply with the provisions of international law.

i) The State will be responsible for the national activities carried out in outer space by government agencies or non-governmental entities, and must ensure that such activities are carried out in accordance with international principles applicable to space law.

(j) The intellectual property rights of all objects launched into outer space or outer space shall be respected in accordance with the rules established in relevant international treaties and conventions. The ownership rights of objects launched into outer space, including objects which have landed on or are constructed on a celestial body, and of their component parts, shall not be impaired while in outer space, including on a celestial body, or upon their return to Earth.

Article 3.- refers to its legal nature, since it places it as a non-state public entity, with legal personality and its own patrimony, with technical, administrative and management autonomy for the fulfillment of its attributions, objectives and purposes.

Article 4 establishes its functions: a) Develop research, technological innovation, collaboration, and coordination projects focused on solving humanity's problems in terms of space scientific knowledge, space exploration, and resource management on and off planet Earth, within the framework of the UN's sustainable development goals, with a peaceful approach centered on social well-being. b) Define and promote programs, projects, and actions to strengthen knowledge and development of space research, its influence on daily life, and its potential as a factor in economic development. c) Assist in the generation of national space research and policy lines. d) Execute projects in accordance with the National Plan for Science, Technology, and Innovation and the Costa Rican Space Policy; also, in accordance with the guidelines issued by the Executive Branch regarding programs and policies related to outer space science. e) Promote the development of space systems and the means, technology, and infrastructure necessary for the consolidation and self-sufficiency of this sector in Costa Rica; f) Facilitate the incorporation of the productive sector into this activity, in order to acquire competitiveness in the markets for space goods and services; g) Support and implement exchange and collaboration protocols with the productive sector so that it may incorporate and participate competitively in the markets for space goods and services; h) Promote and implement scientific and technological studies and research on the subject in the priority areas of attention defined by the governing body; i) Propose actions to ensure compliance with treaties, conventions, and international agreements signed and ratified by Costa Rica on this matter, in coordination with the Ministry of Foreign Affairs and Worship, as the institution responsible for managing the State's international relations. j) Provide technical information and advise the Ministry of Foreign Affairs and Worship, when requested, in its duties related to the negotiation and signing of bilateral or multilateral international treaties and other lower-ranking instruments related to outer space. In addition to the above, articulate and coordinate with said Ministry to mobilize alliances, interconnectivities, cooperation projects or actions, and political positioning of the country and its Agency in the international sphere. k) Execute policies regarding the evaluation, monitoring, promotion, and guidance of ACS programs. j) Promote scientific and technical progress, as well as the competitive advantages and innovation capacity of industries for the development of science, technology, and innovation in space matters, in collaboration with state universities. m) Any other duties indicated by this law and other regulations. n) Certify and accredit before the National Registry the data contained in the registration documents of all space objects, whether or not launched into outer space, that are promoted and developed from Costa Rican territory, in accordance with current regulations. ñ) Collaborate in building collaborative relationships with international agencies and companies dedicated to the space industry. o) Contribute to the development of cooperative activities with national academic, technological, and professional institutions dedicated to specialized studies related to the subject. p) Authorize and supervise national activities carried out in outer space by governmental agencies or national non-governmental entities that may generate liability for the country, in accordance with international law.

Article 11.- Creation of the Guanacaste Space Center, (…) the Guanacaste Space Center is created as a dependency of the Costa Rican Space Agency, in charge of the implementation of research, development and space innovation projects, promotion of space science and the management of complementary services related to the space area.

Article 12.- Functions of the Guanacaste Space Center: In order to fulfill its purpose, the Guanacaste Space Center shall have the following functions: a) Carry out scientific studies and research, and technological innovation in the main areas developed by the governing body in space matters. b) Recommend to the AEC Board of Directors new areas of research and technological innovation in space activity. c) Promote and maintain collaborative relationships with national and international scientific laboratories. d) Promote spaces for reflection and coordination of actions that support innovation, scientific and technological development, and the formation of multidisciplinary groups of highly trained and experienced researchers. e) Develop, for research purposes, development activities, licensing, contracting of exploitation (know-how), donation or purchase of patents, inventions, industrial or utility models, for which it will require the authorization and participation of the AEC. f) Collaborate in the construction of collaborative relationships with international agencies and companies dedicated to the space industry. g) Contribute to the development of cooperative activities with national academic, technological, and professional institutions dedicated to specialized studies related to the subject. h) Assist in the development of scientific and technological events related to space, with the participation of members of the AEC and invited national and international specialists. i) Develop marketing strategies for its portfolio of innovation, research, and development products and services. j) Participate in scientific and technological activities and events related to space, in order to increase competencies in the field. k) Foster public interest in science and technology through the management of complementary services and social responsibility in the space field. l) Promote the coordination of the public and private sectors involved in the generation, training, transfer, and application of high technology, as well as the ongoing development of researchers, professionals, technicians, and qualified personnel, through courses, scholarships, and interaction with universities, state agencies, and other institutions in the country or abroad. m) Implement the defined strategies to promote the competitive advantages of the regions for the development of science, technology, and innovation in space matters. n) Disseminate and sell publications derived from its research and experience in project management. ñ) Propose to the Agency the assignment, sale, transfer, and licensing of its patents, industrial or utility models, as well as any other assets comprising its intellectual property. o) Any other functions established by the Costa Rican Space Agency.

Key ideas:

• It seeks to develop the space sector in a country like Costa Rica and in a competitive global environment it is attractive due to the competitive conditions offered by the country, such as the geographical location, the research that is generated, the level of education of professionals and scientists.
• The Space Agency was processed under bill 21,330 "Creation of the Costa Rican Space Agency."
• It aims to become an arm of the Costa Rican State to encourage the development of space activity in Costa Rica.
• It is a scientific and technological entity, with eminently technical criteria.
• Costa Rica will be able to make high-impact agreements with agencies from friendly countries, such as NASA, the European, Japanese or South Korean Space Agencies, to mention just a few with which it could have strategic alliances for the benefit of the country.
• It seeks to encourage the emergence of high added value areas outside the metropolitan area of the countryUsing as criteria the advantages of Liberia, Guanacaste, such as its geographical conditions, the international airport and the ideal climate for the development of aerospace technology.
• The project plans to have a Space Center research, innovation and development, which will be located in Liberia, Guanacaste, because it has the same climatic and geographical conditions as the Cape Canaveral Space Center, in Florida, United States. This center will have complementary training services for international experts, exhibitions, a museum that offers additional services to tourism visiting that region and that generates a productive chain.
• I know will generate projects with high added valueSince the aerospace sector requires suppliers that provide support in supplies and services such as meteorology, telecommunications, navigation and remote sensing satellites, these are the main base of economic activities that are currently provided services. With regard to the field of medicine, advanced tele-diagnosis and self-diagnosis equipment is being developed that are applicable to a large number of situations that occur in our daily lives. In the case of meteorological satellites, those of telecommunications and navigation and remote sensing; These allow weather forecasting, sending information or communications of all kinds, satellite-based navigation services (GPS), mapping or analysis of land resources.
• The space sector industry in the last year it represented $800 billion dollars.
• The space sector provides direct benefits for society, serving different needs from communication and navigation to resource management and precision agriculture.
• The private sector has gone on to develop services and technologies for a diversity of actors (such is the case of the company SPACE X of Elon Musk, SpaceX's Crew Dragon spacecraft successfully lifted off on May 30 last year aboard a Falcon 9 rocket from Launch Complex 39A in Florida, putting NASA astronauts Robert Behnken and Douglas Hurley into orbit.)We see that it is not only the government that is currently involved. This is where Costa Rica has all the potential to sell products and services to this innovative industry.
• The leading countries in the sector invest in almost all space activities, which range - but are not limited to - from manufacturing, launches and small satellites, to Earth observation, satellite communication and space exploration.
• In the case of the United States, of the $19.1 billion dollars required in 2018, NASA allocates 53% to R&D; 20 China directs its space policy to have technological independence and innovation in science and technology; 21 while the Space Agency Europe created, among other things, a program to improve cooperation in R&D.

Final comment

We can point out that in the face of the activities that the Costa Rican Space Agency would carry out, the fact of belonging to the State, because this gives it the due authority and strategic control of an activity that cannot be carried out on its own, nor be in the hands of anyone; It does not mean that it must be subject to the limitations of hiring human resources, or the goods and services to which public entities are subject.

It should be noted that for this to be a successful project, access must be made to the highest level of human resources available, so it will be necessary to provide these officials / executives / researchers / staff / advisers with salaries or remunerations that are competitive; Likewise, the acquisition of inputs for the different projects that consider aerospace goods and services also require that these be of the highest quality, so the purchasing and payment system of the Public Sector may not be the most convenient for this great task, and in this Law that is achieved.

In the same way, aware that an agile mechanism is needed for the signing of cooperation agreements, or contracting with the Academy, or with entities of public or private law abroad; and venues that will "break the gap" and promote research and development and the registration of patents, is endowed with a certain autonomy, despite the fact that the Ministry of Foreign Affairs is involved in its formal implementation.

It is important not to lose sight of the fact that the “circular economy” process will have to take into account small and medium-sized companies that will produce inputs that will allow them to link to that innovation ecosystem that will be born around them.

I believe Costa Rica cannot be left behind, and we must give this group of academics, scientists, entrepreneurs, and visionaries the opportunity to consolidate the work that Dr. Franklin Chang Díaz began many years ago, serving as an example for many new generations to follow in his footsteps. In this sense, we should continue on this path, especially since the visionary innovator Elon Mosk recently said he hopes to see humans traveling to Mars within six years at the most.