Encouraging International Support for the Recovery and Use of Space Resources
The order establishes that the United States does not consider the Moon Agreement a valid framework for space resource use, declares outer space is not a global commons, and directs the Secretary of State to pursue international agreements supporting commercial and public recovery of space resources.
It aims to reduce legal uncertainty that has discouraged private companies from participating in lunar and deep-space resource activities, setting the stage for bilateral and multilateral diplomatic arrangements aligned with U.S. commercial space interests.
What this order does
What it orders
The order directs the Secretary of State to actively oppose any attempt by foreign states or international organizations to treat the 1979 Moon Agreement as reflecting customary international law, and to seek joint statements and bilateral or multilateral arrangements with foreign nations supporting safe and sustainable commercial and public recovery of space resources. The Secretary of State must consult with the Secretaries of Commerce and Transportation and the NASA Administrator in carrying out these diplomatic efforts.
The order does not itself grant any new legal right to extract space resources, nor does it ratify or reject any international treaty — those are actions requiring Senate consent. It establishes a U.S. policy position and sets a diplomatic and reporting process in motion, with actual impact depending on the international negotiations that follow.
Who it affects
Commercial entities interested in lunar and deep-space resource extraction, U.S. diplomatic and space agencies, foreign governments engaged in space resource discussions, and private companies considering investment in long-term Moon or Mars missions who have faced legal uncertainty.
Why it matters
Companies weighing investment in space resource extraction gain a clear U.S. government position rejecting the Moon Agreement's common-heritage framework. Future bilateral deals shaped by this order could provide the legal predictability that investors and commercial space operators say has been missing.
What must happen and when
How the order is supposed to work
The Secretary of State leads implementation, consulting Commerce, Transportation, and NASA to identify appropriate international partners. Diplomatic outreach targets joint statements and formal arrangements — the order does not itself create binding international law. The Secretary reports progress to the President through the National Space Council Chair and the National Security Advisor within 180 days. No enforcement mechanism or funding appropriation is created; the order is expressly contingent on existing appropriations and applicable law.
Actions and deadlines
- Object to any attempt to treat the Moon Agreement as reflecting customary international law
- Take all appropriate actions to encourage international support for space resource recovery and use, including negotiating joint statements and bilateral or multilateral arrangements
- Report to the President on diplomatic activities carried out under Section 3 of the order