En Notas

They “completely” canceled the authorization of LeoLabs and the British radar in Tierra del Fuego will be deactivated

Taking into account the strong warnings of the Ministry of Defense of the Nation, the Undersecretary of Telecommunications and Connectivity of the Head of the Cabinet of Ministers, decided to cancel “the authorization to LEOLABS completely”, which will lead to the definitive deactivation of the British radar installed in Tolhuin.

23 de August de 2023 20:59

The provision was distributed to the press by the Ministry of Defense of the Nation.

With the signature of the Undersecretary of Telecommunications and Connectivity, Mariano Lombardi ; This afternoon, the Head of the Cabinet of Ministers of the Nation decided to “ completely cancel the authorization granted on a precarious basis to the LEOLABS company.” ARGENTINA SRL, CUIT 30-71755969-6, to through of the Provision of this Undersecretary of Telecommunications and Connectivity No. 8/2022, to install and put into operation an Earth Station in Band S” , installed north of the municipality of Tolhuin, on the Big Island of Tierra del Fuego.

The measure is based on the request of the Minister of Defense Jorge Taiana , who considered and reported that the presence of this earth station “vulnerates the security national now that would allow to the Kingdom United monitor activity satellite Argentina so much civil as military, intercept data and notice goals terrestrial, maritime either detect aircraft”, which is incompatible with the directive of Policy of Defending National”, emanated from the President of the Nation; even more so that it is not possible leave of side the connotations geopolitics that has the facility of the Season AGSR by part of a company with home legal in Great Brittany, when he Kingdom United holds the occupation illegal of the Islands Malvinas, part of our territory national" .

 

 

 

THE FULL TEXT OF THE PROVISION

 

 

Provision

 

Number: DI-2023-15-APN-SSTYCO#JGM

 

BUENOS AIRES CITY

Wednesday August 23, 2023

 

Reference: EX-2022-45786725-APN-DNGCUYPT#JGM

 

 

SEEN he EX-2022-45786725-APN-DNGCUYPT#JGM, the Law No. 19,549 and their modifications, the Law No.

27,078 (B.O. 12/19/2014) and their modifications, he decree No. fifty of date 19 of December of 2019 and their modifiers, the Provisions No. 8 of the fifteen of November of 2022 and No. 14 of the 22 of June of 2023; and

 

CONSIDERING:

 

That on November 15, 2022, through Provision No. 8/22 of this UNDERSECRETARY OF TELECOMMUNICATIONS AND CONNECTIVITY HE authorized with character precarious to the company LEOLABS ARGENTINA SRL, CUIT 30-71755969-6, to install and put in functioning a Season Terra in Band Yes, with he end of track and monitor objects in atmosphere LEO (Low Earth orbit), of agreement to the Exhibit Technical which is an integral part of the aforementioned measure (IF-2022-103863442-APN-DNPCYU#JGM), adjusting to the characteristics and conditions of functioning over there contained.

 

That such measure was dictated in use of the powers delegated through the Resolution of the SECRETARIAT OF INNOVATION PUBLIC No. 29-E/20.

 

That by Note No. NO-2023-68130584-APN-MD the Minister of Defense requested the HEAD OF CABINET OF MINISTERS lend collaboration supplying the information available in their areas specific information about the activity of the aforementioned company in the province of Tierra del Fuego, Antártida and Islas del South Atlantic, including the efforts made, agreements entered into, authorizations that may have been granted and all other fact that allow to access to a elderly knowledge and clarity about he issue.

 

That having that the application of the Mr. Minister of Defending HE holds in issues of interest public, this Undersecretariat suspended through Provision No. 14/23 the authorization granted to the company LEOLABS ARGENTINA SRL, and proceeded to intervene so that the MINISTRY OF DEFENDING and to the MINISTRY OF RELATIONS OUTDOORS, TRADE INTERNATIONAL AND WORSHIP.

 

That in consequence, he MINISTRY OF DEFENDING through Note No. NO-2023-88934566-APN-MD solicitous to the LEADERSHIP OF CABINET OF MINISTERS the cancellation and suspension definitive to the facility and put in functioning of the Season AGSR of LeoLabs Argentina SRL in the location of Tolhuin,

 

Province of Land of the Fire AIAS, by consider that the same violates the security national and be incompatible with the directive of Policy of Defending National -Decree 457/2021-.

 

That in bliss note HE finds embedded he report called "Season Radar AGSR LeoLabs Argentina

SRL in Tolhuin, Land of the Fire “AIAS” Elaborated by he referred Ministry, to through of the which HE indicates that “National Sovereignty and Defense are concepts inseparable from space activity.In this sense, it is not possible leave of side the connotations geopolitics that has the facility of the Season AGSR by part of a company with home legal in Great Brittany, when he Kingdom United holds the occupation illegal of the Islands Malvinas, part of our territory national" .

 

Likewise, the report in question emphasizes that the Station in question constitutes a security violation national, already that would allow to the Kingdom United monitor activity satellite Argentina so much civil as military, intercept data and notice goals terrestrial, maritime either detect aircraft.

 

That the National Defense Policy Directive (DPDN) - Decree 457/2021-, in its capacity as a document of highest level that describes the international scenario, imposes the mission on the military instrument and establishes the guidelines that has to continue for achieve that mission, pointing out that (…) the persistent presence military, illegitimate and illegal activity of the United Kingdom of Great Britain and Northern Ireland in the Malvina Islands, South Georgia, Sandwich of the South and the spaces maritime and insular corresponding obliges to take the collections of planning of appropriate capabilities, deployment and organization by our Defense system. To those In order to guarantee the vital interests of the Nation, the necessary mechanisms must be provided for and maintained. for he control, the surveillance, he recognition and the production of intelligence military strategic of the spaces aerospace, maritime, terrestrial and cyberspace. This frame situational has to be addressed to starting from reasonable deterrence levels, in compliance with the primary and essential mission of the Instrument military" .

 

That in that order of ideas, he MINISTRY OF DEFENDING holds that "The facility of the Season AGSR by part of LeoLabs Argentina SRL, company formed by capitals British result completely incompatible with the military mission imparted by the President of the Nation to the Armed Forces through the DPDN”, and that "he domain aerospace result of vital interest for the nation in it that HE refers to the production of military strategic intelligence.Within the framework of the Multilayer Military Strategy for the Restriction of Area, he domain aerospace It constitutes the first layer of defending to the purposes of monitor and achieve the conditions for anticipate, through he employment of satellites, the maneuvers of possible Threats State Military External (AEME). Trigger conditions of vulnerability in this first line of defending us I would leave without situational awareness to monitor the exercise of national sovereignty in Argentine territory and space jurisdictional, producing the loss of ability for anticipate a stroke of a “AEME.”

 

Likewise, it is specified in the aforementioned report that “(...) Since LeoLabs is a private company, -and, Therefore, since there is no agreement between States that mediates its activity, it would be in a position to provide intelligence sensitive of the Argentina to the Kingdom United either to any other State"

 

That, in that same order of ideas, add that "TO weigh of that the Season AGSR could to have been installed in he south Chilean either in the Islands Malvinas, LeoLabs He decided do it in the location fueguina of Tolhuin. HE treats of a strategic location for national Defense policy…” and therefore “This geographical location allows grants to the company a access privileged for the obtaining of data space to level global, that are the subject cousin for the elaboration of information space of use commercial, but also of intelligence, with the possibility of be used by he system of intelligence of the USA and eventually be scattered to the

 

Kingdom United".

 

That by virtue of the above, in relation to the AGSR Station of Leolabs Argentina SRL, the MINISTRY OF DEFENSA concludes that “(…) its contribution to national scientific activity does not justify the consequences geopolitics and strategic military derivatives of his facility in he territory national".

 

That, by his part, ha taken intervention the SECRETARY OF RELATIONS OUTDOORS of the MINISTRY OF RELATIONS OUTDOORS, TRADE INTERNATIONAL AND WORSHIP, manifesting to

through of the Providence No. PV-2023-95517284-APN-SECRE#MRE that "In relationship with it acted, this Ministry No has observations that carry out with regard to it voiced by he Ministry of Defending in his Note NO-2023-88934566-APN-MD regarding the suspension and cancellation of the installation and commissioning operation of the Leolabs station and as provided in DI-2023-14-APNSSTYCO#JGM of last 22 June of 2023.”

 

That, in so much, corresponds point that to through of the article 28 of the Law No. 27,078, HE indicates that the Authorizations and permits to use radio spectrum frequencies will be granted on a precarious basis, by it that the authority of application will be able replace them, modify them either cancel them, total either partially, without that it of place to right of compensation some to favor of the authorized either administered.

 

That he article 33 of the mentioned Law establishes that corresponds to the State National, to through of the (ex) Ministry of Communications, current SECRETARY OF INNOVATION PUBLIC, the administration, management and control of orbit-spectrum resources corresponding to satellite networks, in accordance with the treaties international subscribed and ratified by he State Argentinian, and that this resource will be able be exploited by entities of character public either private always that medium authorization granted to the effect and of accordance with the provisions applicable in the subject.

 

That he article 18 of the Law of Procedure Administrative No. 19,549 establishes that he act administrative regular, from which subjective rights have arisen in favor of those administered, may be revoked ex officio in campus administrative Yeah he right HE there would have been awarded express and validly to qualification precarious.

 

That the GENERAL DIRECTORATE OF LEGAL AFFAIRS of the UNDERSECRETARY has intervened LEGAL of the SECRETARY OF COORDINATION LEGAL AND ADMINISTRATIVE of the LEADERSHIP OF CABINET OF MINISTERS.

 

That the present extent HE dictates in virtue of it willing by the articles 28 and 33 of the Law No. 27,078, of the Article 18 of Law No. 19,549 and Article 1 of the Resolution of the SECRETARIAT OF INNOVATION PUBLIC No. 29-E/20.

 

By it,

 

HE UNDERSECRETARY OF TELECOMMUNICATIONS AND CONNECTIVITY

HAS:

ARTICLE 1.- The authorization granted on a precarious basis to the company LEOLABS is completely cancelled. ARGENTINA SRL, CUIT 30-71755969-6, to through of the Provision of this Undersecretary of Telecommunications and Connectivity No. 8/2022, to install and put into operation an Earth Station in Band Yes, with he end of track and monitor objects in atmosphere LEO (Low Earth orbit), by the reasons

By Agenda Malvinas

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