Legal Review

Last Update – February 2021

Harvard retained the Swedish Law Firm Setterwalls to conduct the independent legal review of the proposed equipment test flight in Sweden. This test flight has been cancelled until further notice. Below we have highlighted the scope and conclusions of this review. The full review is linked below.

2/18/2021: SCoPEx Project Memorandum

Scope of Work

1. Setterwalls Advokatbyra AB (“Setterwalls”) has been retained by Harvard to con­duct a legal review in relation to the Project.
2. The Swedish legal aspects of the Project in respect of which Harvard has in­structed Setterwalls to provide legal advice are the following:
   a) To verify that SSC has all the necessary regulatory permits and approv­als and would be in compliance with Swedish laws in order to carry out the First Phase, limited to the testing of the navigation of one balloon and the gondola to be launched over Sweden into the stratosphere.
   b) As regards the First Phase, to which extent
   (i) Swedish environmental law and/or environmental EU directives and regulations are applicable,
   (ii) regulations on environmental impact assessments are applicable, and
   (iii) potential other relevant Swedish laws are applicable.
   c) To address whether the potential implementation of the Second Phase of the Project including release of material into the stratosphere would in any way affect the conclusions related to the questions in respect of the First Phase.

Conclusions

The Space Act is not applicable on the First Phase of the Project. There is no re­quirement that Harvard obtains a license for the balloon and gondola according to the Civil Aviation Act and consequential legislation.

The Swedish Environmental Code is also not applicable on the First Phase of the Project, as there are no environmental impacts such as emissions to air or water. Moreover, the waste such as plastics from the parachute of the gondola or the balloon itself is limited and will be salvaged either by SSC or by partners of SSC. Accordingly, no waste from the First Phase triggers any particular requirements or obligations under the Code. Therefore, it is our conclusion that an environmental impact assessment is not required with regards to the First Phase of the Project.