Criteria Used to Assess a “State” Entity by ESA

The European Space Agency (ESA) uses four main criteria to assess whether an enterprise qualifies as a “State” entity, as outlined in Article II.3 of Annex V to the ESA Convention:

1. Location of the Registered Office: The primary address where the enterprise is legally registered.
2. Location of Decision-Making Centres: The sites where significant managerial and strategic decisions are made.
3. Location of Research Centres: The places where the enterprise conducts its research and development activities.
4. Territory on Which the Work is Carried Out: The geographical location where the actual work of the enterprise is executed.

These criteria ensure that the enterprise aligns with the objectives and regulatory requirements of ESA.