Part 1 of 4

Unlocking commercial opportunity through the Technology Safeguards Agreement

A space rocket owned by the United States of America can now stand on an Australian launch pad carrying a satellite worth millions of dollars, ready for launch – but only if it complies with the rigorous technology protection measures agreed between the US and Australia.

Australia and the United States are poised to deepen an already significant space partnership through the proposed Framework Agreement between the Government of Australia and the Government of the United States of America on Cooperation in Aeronautics and the Exploration and Use of Airspace and Outer Space for Peaceful Purposes (Framework Agreement). Signed in Sydney on 30 September 2025 and tabled in the Australian Parliament in June 2026, the Framework Agreement establishes a treaty-level framework for cooperation across civil space activities between Australia and the US, including space science, Earth observation, exploration and aeronautics.

When in force, the Framework Agreement will simplify the way Australia and the United States undertake mutually agreed civil space activities. However, it expressly preserves existing defence and security arrangements and does not permit collaboration involving sensitive technologies. This means that the regulatory framework governing sensitive US space technology remains the Agreement between the Government of Australia and the Government of the United States of America on Technology Safeguards Associated with United States Participation in Space Launches from Australia (TSA), which continues to apply to relevant US launch activities conducted from Australian territory.

The TSA was signed by Australia and the US on 26 October 2023 and came into force on 23 July 2024. In its own terms, the TSA exists to preclude unauthorised access to, or transfer of, advanced technologies subject to US export controls in connection with US participation in the launch and return of spacecraft and launch vehicles involving Australian territory.

The TSA is supplemented by a side arrangement signed by Australia and the US on 15 February 2024. While the TSA establishes the overarching legal arrangements, the side arrangement provides more granular details on how that TSA is intended to operate in practice. Together, the TSA and the side arrangement do more than facilitate access to US technology. They establish the security, governance and compliance arrangements within which covered activities must be conducted. In practice, participation in launch and return activities involving protected US technology will depend as much on an operator’s ability to meet those requirements.

The proposed Framework Agreement and the TSA taken together reflect a landmark bilateral arrangement between Australia and the US, giving Australian businesses an opportunity to participate in the rapidly growing space sector while imposing a compliance regime as precise and carefully engineered as the spacecraft it is designed to protect.

This first article of our four-part series, Cleared to launch a US Spacecraft in Australia, explains the commercial opportunities through the TSA.

Commercial opportunities through the TSA

The commercial opportunities are already visible in return services. When announcing the first authorisation for a series of Varda capsule returns, the Australian Space Agency expressly linked that development to the opportunities enabled by the TSA. The subsequent W-2, W-3, W-5 and W-6 returns to Koonibba Test Range in South Australia, culminating in May 2026, make this a practical reality for Australian businesses, rather than simply a treaty signed in 2023.

The TSA meaningfully opens the Australian space sector to the US space economy and supports Australia’s deeper participation in the global space economy more broadly. However, the TSA should not be viewed as a blanket authorisation. Participation in activities involving protected US technology remains subject to approvals and compliance with extensive security, technology protection and operational requirements. Ultimately, the opportunities created by the TSA are inseparable from the obligations that accompany them. The proposed Framework Agreement builds on that foundation by providing an overarching framework for broader Australia-US civil space cooperation beyond launch and return activities.

The commercial implications of the TSA extend well beyond individual launch campaigns. The TSA creates opportunities across Australia’s broader space sector, including satellite development, advanced manufacturing, engineering, logistics, testing and maintenance activities. It also provides greater certainty for operators, investors and infrastructure developers seeking to participate in activities involving protected US technology.

The TSA’s long reach

The TSA’s reach is broad and is not limited to launches involving a US spacecraft and a US launch vehicle. It also applies to a range of launch and return activities with a qualifying US nexus, including:

• US spacecraft launched on non-US launch vehicles, covering the growing trend of US satellite operators selecting launch providers based on cost, timing and mission requirements rather than defaulting to a domestic provider;
• foreign spacecraft launched on US launch vehicles, relevant wherever a non-US satellite operator books a slot on a US rocket departing from Australian territory;
• Australian spacecraft launched on US launch vehicles, a scenario that matters most for Australia’s own satellite manufacturers and operators looking to get their hardware into orbit without building a domestic launch vehicle from scratch; and
• activities associated with covered US launch vehicles or US spacecraft, including maintenance, repair, overhaul, refurbishment, reintegration, reassembly, inspection, testing and quality assurance of reusable components. These activities are covered because of their connection to a US launch vehicle or US spacecraft. However, reusability alone does not bring an activity within the scope of the TSA. Rather, it is the activity’s relationship to protected US technology that gives rise to TSA coverage. The inclusion of activities associated with reusable launch vehicles and spacecraft is nevertheless likely to become increasingly significant as more of the industry moves towards launch systems designed to support multiple launch, recovery and reuse cycles, rather than being discarded after a single mission.

This breadth of scope reflects the inherently international nature of the modern space industry, where launch vehicles, payloads, operators and technology providers frequently originate from different jurisdictions. As a result, Australian businesses may find themselves subject to the TSA’s compliance requirements, even when they are not directly operating a launch vehicle or spacecraft provided by the US, if they participate in a mission involving protected US technology. The Australian Space Agency also explains that bringing another country’s launch vehicle to Australia to launch US satellites can require a binding arrangement with that country to protect the US technology. This should be considered before committing to a multinational mission.

Perhaps the most important definition is ‘Launch Activities’, which is extensive. Under Article IV, the TSA applies at all phases of Launch Activities, including transportation and the control of access to US launch vehicles, US spacecraft, US related equipment and/or US technical data.

Making the most of the opportunity

The TSA is ultimately more than an agreement to safeguard technology. It provides the legal and regulatory foundation necessary for Australia and the US to conduct launch and return activities involving sensitive technology from Australian territory. At the same time, it establishes the compliance framework that Australian businesses must navigate to participate in those activities. While the proposed Framework Agreement is directed to broader cooperation in areas such as space science, Earth observation and exploration, the TSA remains the principal legal instrument governing launch and return activities involving sensitive US technology.

For Australian operators, the significance of the TSA lies not simply in the opportunities it provides, but in the standards it imposes. Early consideration of these issues can help operators identify regulatory requirements, allocate responsibilities and avoid delays later in the project lifecycle. By approaching compliance as a core part of project planning rather than a final approval hurdle, Australian businesses will be better placed to take advantage of the commercial opportunities enabled by the TSA.

Please do not hesitate to contact us for further information on how HWLE’s Space and Technology team can assist you.

This article was written by Luke Dale, Partner, Nikki Macor Heath, Special Counsel, Veronica Mignone, Special Counsel, and Arti Sangar, Special Counsel.