ESA and technology transfer outside Member States
The ESA Convention establishes the legal framework for the transfer of technology and products developed through its activities or with its help both within Member States and outside the territories of Member States.
The transfer of technology owned by ESA or a contractor outside the Member States, is monitored by the Agency Technology Transfer Board (ATB), composed of representatives of ESA Member States. The Board’s purpose is not to compete with national and European systems for monitoring the transfer of technology to non-Member States but to establish a uniform procedure to enable the Agency and Member States to control the circulation of information and data to third countries to guarantee consistency with ESA’s own objectives. In addition it reinforces the competitiveness of its contractors by informing the national competent authorities of the background to the development of the space technology to be transferred.
The transfer application is notified confidentially to the members of the ATB via a standard document, completed by the Agency and the contractor, indicating the use and destination of the technology to be transferred and the programme under which it has been developed, etc. The ATB then analyses the application and its implications, and convenes a meeting to discuss controversial cases.
The ATB’s power of veto is confined to transfer of technology owned by the Agency. In these cases the ATB plays the role of the national control entity for technology transfer. In the case of a request of transfer of a technology owned by a contractor, the ATB can only transmit a recommendation to the national authority responsible for giving the export authorisation.
| Transfer of Technology | ||
| ESA Technologies and Products | Developed by ESA | Developed by a contractor with ESA help |
| Transferred inside Member States | Application of Article III.4 of the Convention | National and European law |
| Transferred outside Member States | Authorisation of the ATB | National and European law. Recommendation of the ATB |
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