2. Background to the Amendment — Relationship to the Final Report
The Final Report categorized reform items into four tiers:
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matters requiring prompt legislative amendment;
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matters requiring prompt legislative amendment but needing further issue-organization;
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matters to be addressed through amendment of enforcement regulations and examination standards; and
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matters requiring further study.
The Amended Space Activities Act mainly addresses category (1). Accordingly, the following matters are NOT included in this Amendment Act:
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creation of a licensing system for re-entry activities;
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regulation of sub-orbital flight (category (2));
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regulation of launches conducted outside Japan by Japanese nationals and entities; and
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statutory space object registration procedures (category (4)).
Per Supplementary Provision Article 5 (discussed in Section 8 below), matters not addressed in this Amendment Act are expected to be considered further and institutionalized in stages.
Crewed spaceflight (assuming trained personnel who accept the risk), descent and recovery of reusable rockets, rockoon methods, simplification and acceleration of licensing procedures, and accident response (category (3)) are expected to be addressed mainly through operational measures such as enforcement regulations, examination standards, and guidelines.
3. New Licensing Framework: Rocket-Based Rather Than Spacecraft-Based
3.1 Before Amendment
One of the most significant aspects of the amendments is the shift away from the Spacecraft-based licensing framework. Under the Former Act, a Spacecraft※1 served as the foundational concept for the launch licensing regime under the Space Activities Act. Before the amendments, a rocket launch conducted without carrying a “Spacecraft” was understood not to be subject to the launch licensing regime. Typical examples understood not to fall within the scope of the licensing regime included: (i) the launch of a rocket alone, carrying neither a Spacecraft nor a dummy payload; (ii) the launch of a rocket carrying only a dummy payload; and (iii) the launch of monuments, space-burial capsules, research objects, and similar payloads. In light of the inherent risks of those activities, however, it had been argued that they should be brought within the licensing regime in order to prevent harmful contamination of outer space, such as that caused by space debris, and to ensure public safety.
3.2 Content of the Amendment
The Amendment Act introduces a new definition of “Space Rocket※2” and makes it the core concept for the launch licensing framework, instead of a “Spacecraft.” As a result, the launch of a rocket alone carrying neither a Spacecraft nor a dummy payload (item (i) above), the launch of a rocket carrying only a dummy payload (item (ii) above), and the launch of monuments, space-burial capsules, and similar payloads (item (iii) above) are now clearly subject to the launch licensing framework. Bringing these activities within the launch licensing regime also makes them eligible for government indemnification (see Section 6.1 below).
Accordingly, the amendments shift away from the Spacecraft-based licensing framework and adopt a new licensing framework centered on the launch of a Space Rocket.
4. Expansion of the Launch Licensing Regime
4.1 Reorganization of License Application Requirements
As with the Former Act, a person intending to conduct a launch of a Space Rocket must obtain the Prime Minister’s license for each such launch (Amended Act Art. 4(1)). In connection with the expanded scope of launch licensing described in Section 3.2 above, the matters required to be stated in the license application have been reorganized. Amended Act Art. 4(2) now requires, in particular, disclosure of:
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the purpose of the launch; and
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whether a Spacecraft, etc.※3 is mounted on the Space Rocket and, if so, the relevant details.
4.2 Restructuring of Licensing Criteria
Amended Act Art. 6, which sets out the criteria for launch licensing, has been restructured. The criteria now include:
Art. 6(1) — Purpose: The purpose of the Space Rocket launch must conform to the basic principles and must not be likely to impede the proper and smooth implementation of international treaties concerning the development and use of outer space.
Art. 6(4)(b) — Spacecraft, etc. Contamination Prevention and Safety Standards: The structure of any Spacecraft, etc. mounted on the Space Rocket must conform to standards—including mechanisms to prevent the dispersal of the equipment and components constituting the Spacecraft, etc.—established by Cabinet Office Ordinance (the “Spacecraft, etc. Contamination Prevention and Safety Standards”) designed to ensure that the structure is not likely to hinder the prevention of harmful contamination of outer space, including the Moon and other celestial bodies, or of potentially harmful interference with the activities of other countries in the peaceful exploration and use of outer space (collectively, “Harmful Contamination of Outer Space, Etc.”), or the securing of public safety.
Art. 6(5) — Launch Plan Appropriateness: The Space Rocket launch plan must be appropriate for ensuring public safety and preventing Harmful Contamination of Outer Space, Etc., and the applicant must have sufficient capability to execute the Space Rocket launch plan.
4.3 From “Type Certification” to “Design Confirmation”
The Former Act’s “Type Certification for Launch Vehicles” system is replaced under the Amendment Act by a “Space Rocket Design Confirmation” system (Amended Act Art. 13).
The person entitled to apply for such confirmation is expressly identified as a person holding ownership or other title to control the Space Rocket before launch (Amended Act Art. 13(1)). Once confirmation is granted, a design confirmation certificate bearing a design confirmation number is issued (Amended Act Art. 13(4)). If the design confirmation number is stated in the launch license application, the design-related descriptions may be omitted from the application (Amended Act Art. 4(3)), which should avoid duplicative review.
Under the Former Act, it was possible to obtain type certification for the design of a launch vehicle and apply that certification to other launches using the same type of rocket, thereby omitting the safety review for that type. Following the amendments, however, design confirmation will be conducted for each individual rocket.
The “foreign certification” mechanism under the Former Act for the design of a launch vehicle has also been abolished. As a result, rockets designed outside Japan will likewise be required to undergo the design confirmation procedure under the Amended Act. No Cabinet Office Ordinance designating countries eligible for foreign certification under the Former Act was ever enacted, and the lack of use of this mechanism is thought to be one reason for its abolition.
5. New Conformity Certification System for Pre-installation Spacecraft, etc. (Amended Act Arts. 18-2 to 18-4)
The Amendment Act establishes a new “Conformity Certification for Pre-installation Spacecraft, etc.” (Amended Act Chapter 2, Section 4, Arts. 18-2 to 18-4). Upon application by a person holding ownership or other title to control a Pre-installation Spacecraft, etc., the Prime Minister grants conformity certification for that Pre-installation Spacecraft, etc. (Amended Act Art. 18-2(1)). An outline of this new regime is as follows:
Scope
The subject of this certification is a Spacecraft, etc. that is incapable of having its position, attitude, or status controlled, before it is mounted on a Space Rocket. Accordingly, dummy payloads, monuments, space-burial capsules, and similar objects fall within the scope of the Conformity Certification for Pre-installation Spacecraft, etc.
Purpose
This system establishes a prior (pre-installation) review of whether payloads within the scope of the system conform to the Spacecraft, etc. Contamination Prevention and Safety Standards, which are intended to prevent Harmful Contamination of Outer Space, Etc. and to ensure public safety.
Certification Process
If the structure of a Pre-installation Spacecraft, etc. is found to conform to the Spacecraft, etc. Contamination Prevention and Safety Standards, certification is granted (Amended Act Art. 18-2(3)) and a “Pre-installation Spacecraft, etc. certification document” bearing a certification number is issued (Amended Act Art. 18-2(4)).
Standards
The details of the Spacecraft, etc. Contamination Prevention and Safety Standards are established by Cabinet Office Ordinance, taking into account the destination orbit or placement location of the Spacecraft, etc. (Amended Act Art. 6(4)(b)). The standards are expected to be tailored to the destination (Earth orbit, the lunar surface or lunar orbit, deep space, etc.).
Changes and Revocation
If the destination or placement location, or the structure, of a certified Pre-installation Spacecraft, etc. is changed, a change certification is required (Amended Act Art. 18-3). If the structure ceases to conform to the Spacecraft, etc. Contamination Prevention and Safety Standards, the certification may be revoked (Amended Act Art. 18-4).
6. Expansion of the Damage Compensation and Third-Party Liability Regime (Amended Act Arts. 35, 36 and 53)
In connection with the expansion of launch licensing scope and the reorganization of the “Spacecraft” concept, the damage compensation system has been expanded and reorganized to strengthen victim protection and ensure responsible space activity. As major practical implications, operators conducting a launch of a Space Rocket alone or carrying only a dummy payload will now bear strict (no-fault) liability for damage arising from an accident at launch, and will be required to take damage compensation security measures (e.g., liability insurance). In addition, with respect to damage from the fall of an object after launch, a person who launches or commissions the launch of an object other than a specified spacecraft will now also be subject to strict (no-fault) liability for damage arising from its fall.
6.1 Reorganization of the Rocket Fall etc. Damage Compensation System
Under the Former Act, for damage from rocket fall, no-fault liability was imposed on the person conducting “launching of a Spacecraft and Launch Vehicle” (Former Act Art. 35), and liability was concentrated in the launch operator (Former Act Art. 36). The launch operator was required to take damage compensation security measures (including a liability insurance contract and a government compensation contract) (Former Act Art. 9(1)). Such damage is covered by the government indemnification (Former Act Art. 40).
Launches of a Space Rocket alone carrying neither a Spacecraft nor a dummy payload, and launches of a rocket carrying only a dummy payload, fell outside the scope of the licensing system for launches under the Former Act. However, it had been pointed out that these activities pose risks equivalent to those of a conventional launch of a Spacecraft and its launch vehicle, and that it was accordingly necessary to expand the third-party liability compensation system to cover them as well.
Under the Amendment Act, the person conducting the launch bears no-fault liability where rocket fall damage※4 arises from the launch of a Space Rocket (Amended Act Art. 35). Where that person is the launch operator (a licensed launcher) or the State, liability is concentrated in the launch operator or the State (Amended Act Art. 36(1)). The launch operator is required to take damage compensation security measures (Amended Act Art. 9(1)) and is covered by the scope of government compensation (Amended Act Art. 40). Because the rocket fall damage framework now applies on a “launch of a Space Rocket” basis (without requiring a Spacecraft to be mounted), the existing framework of no-fault liability, liability concentration, mandatory damage compensation security measures, and government indemnification now extends as-is to test launches of a rocket alone and launches carrying only a dummy payload.
6.2 Reorganization of the Spacecraft, etc. Fall Damage Compensation System
Under the Former Act, for damage from the fall of an object normally separated from the rocket, the Spacecraft fall damage compensation system was limited to Spacecraft, imposing no-fault liability on the person managing the Spacecraft using a Spacecraft management facility located in Japan※5.
The Amendment Act expands and reorganizes the concept of “Spacecraft.” The title of Chapter 6 of the Space Activities Act has been changed to clarify that the damage compensation system covers not only Spacecraft but also other objects such as monuments and space-burial capsules. Under the Amended Act, if a Spacecraft, etc. that has been normally separated from the Space Rocket is a Specified Satellite, the person managing that Specified Satellite using a Specified Satellite management facility in Japan, etc. bears no-fault liability※6. Where a Space Rocket launch is conducted using launch facilities in Japan and carrying a Spacecraft, etc. other than a Specified Satellite, the following bear no-fault liability for damage caused by the fall of that Spacecraft, etc.:
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where the Spacecraft, etc. was mounted pursuant to a consignment arrangement — the person who commissioned the mounting (the consignor); or
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in other cases — the person who conducted the launch.
(Summary of Damage Compensation System Under the Amended Act)
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Type of Damage
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Person Bearing No-Fault Liability
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Liability Channeling / Security Measures / Govt. Compensation
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Rocket fall etc. damage
(post-launch Space Rocket, including payload prior to normal separation)
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The person who conducted the launch of the Space Rocket
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Liability is concentrated on the launch operator or the State
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Mandatory insurance and security measures. Government compensation applies. (Now extended to launches without a Spacecraft)
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Spacecraft etc. fall etc. damage
(specified spacecraft, after normal separation)
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The person managing that specified spacecraft (unchanged)
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None (unchanged)
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Spacecraft etc. fall etc. damage
(payload other than a Specified Spacecraft, after normal separation)
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If mounted under consignment: the consignor
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Otherwise: the person who conducted the launch
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None
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7. Amendments to Related Legislation
The Amendment Act also amends the following related legislation:
Basic Space Act: The purpose provision (Art. 1) and the environmental conservation provisions (Arts. 7 and 20) now refer to “ensuring public safety.” In addition, the basic policies on the development and use of outer space now include the promotion of research and development of the equipment and technology necessary for the development of Space Rockets (Arts. 15 and 16).
Act for Establishment of the Cabinet Office: Matters relating to ensuring the safety of launches of Space Rockets have been added to the matters to be deliberated by the Committee on National Space Policy (Art. 38).
Space Resources Act: Consequential amendments have been made, including updates to the titles of the cited legislation and the realignment of terminology from “Spacecraft” to “Specified Satellite.”
8. Effective Date, Transitional Measures, and Review Clause (Supplementary Provisions)
The Supplementary Provisions set out the following matters:
Effective date: As a general rule, the Amendment Act comes into force on a date to be designated by Cabinet Order within one year from the date of promulgation (June 17, 2026) (Supplementary Provisions Art. 1, main text). The amendments to the Basic Space Act (Amendment Act Art. 2) and certain other provisions, however, took effect on the date of promulgation (Supplementary Provisions Art. 1, proviso).
Transitional measures: The control of Spacecraft placed into orbit around the Earth or beyond before the effective date continues to be governed by the Former Act (Supplementary Provisions Art. 2).
Review clause: Approximately three years after the Amendment Act comes into force, the government is to review its provisions in light of the state of their implementation and, if it considers it necessary, take any necessary measures (Supplementary Provisions Art. 5). Matters deferred in this round of amendments such as the regulation of re-entry activities and sub-orbital flight, are expected to be examined further and institutionalized in stages through this review mechanism.
9. Conclusion
Under the Amended Space Activities Act, test launches of a Space Rocket alone or carrying only a dummy payload, and payloads not intended to be controlled — previously understood as falling outside the launch licensing regime — are now brought within the scope of regulation, and the licensing criteria have been expanded and clarified. Correspondingly, the damage compensation system has been expanded and reorganized, including extending no-fault liability to these activities, strengthening victim protection.
Specific licensing criteria will be further established through Cabinet Office Ordinances and related guidelines. Because the specific licensing criteria under the Former Act were structured on the premise of a Spacecraft-based framework, substantial revisions to subordinate regulations are expected to align with the reorganized “Spacecraft” concept and the launch and management licensing systems, as well as the newly created Conformity Certification for Pre-installation Spacecraft, etc. system. As the specific content of licensing criteria will have significant business implications, it will be necessary to monitor the future development of Cabinet Office Ordinances, guidelines, and public comment procedures.
Endnotes
*1
A “Spacecraft” (jinkō-eisei) is defined under Amended Act Art. 2(3) as “an artificial object mounted on a Space Rocket that is used by launching it into orbit around the Earth or beyond, or by placing it on a celestial body other than the Earth.” The Amendment Act clarifies that a Spacecraft is an object “mounted on a Space Rocket,” but makes no substantive change to the core definition.
*2
A “Space Rocket” (uchū roketto) is defined under Amended Act Art. 2(2) as “a rocket launched from the Earth that has thrust sufficient, if launched, to reach orbit around the Earth or beyond, or to reach a celestial body other than the Earth.”
*3
“Spacecraft, etc.” (jinkō-eisei-tō) means a Spacecraft together with “an artificial object, other than a Spacecraft, that is mounted on a Space Rocket and placed into orbit around the Earth or beyond, or placed on a celestial body other than the Earth.” This newly organized concept brings objects such as monuments and space-burial capsules within the regulatory framework.
*4
“Rocket fall damage” is defined as “damage to human life, body, or property on the ground or water surface, or to an aircraft or other flying object in flight, caused by the fall, collision, or explosion of a space rocket after launch (including any spacecraft, etc. mounted thereon, excluding those normally separated from the space rocket)” (Amended Act Art. 2(11)).
*6
Amended Act Art. 53(1).
