Prop. 2003/04:29

Internationella konventioner på telekommunikationsområdet om katastrofberedskap m.m.

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Regeringen överlämnar denna proposition till riksdagen.

Stockholm den 11 december 2003

Göran Persson

Barbro Holmberg

(Utrikesdepartementet)

ITSO

AGREEMENT ACCORD ACUERDO

Signed: 20 August 1971 Entered into Force: 12 February 1973

Signé : 2OAoUt 1971 Entrés en vigueur: 12 Février 1973

Firrnado: 20 deAgosto de 1971 Vigentes: 12 de Febrero de 1973

INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION

ORGANISATION INTERNATIONALE DE TELECOMMUNICATIONS PAR SATELLITES

ORGANIZACION INTERNACIONAL DE TELECOMUNICACIONES POR SATELITE

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Agreement Relating to the International Telecommunications

Satellite Organisation

Includes the amendments to the Agreement approved by the Twenty-

Fifth (Extraordinary) Assembly of Parties in Washington, D.C.,

on 17 November 2000.

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AGREEMENT RELATING TO THE INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION

PREAMBLE

The States Parties to this Agreement, Considering the principle set forth in Resolution 1721 (XVI) of

the General Assembly of the United Nations that communication by means of satellites should be available to the nations of the world as soon as practicable on a global and non-discriminatory basis,

Considering the relevant provisions of the Treaty on Principles

Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, and in particular Article I, which states that outer space shall be used for the benefit and in the interests of all countries,

Recognizing that the International Telecommunications Satellite

Organization has, in accordance with its original purpose, established a global satellite system for providing telecommunications services to all areas of the world, which has contributed to world peace and understanding,

Taking into account that the 24th Assembly of Parties of the

International Telecommunications Satellite Organization decided to restructure and privatize by establishing a private company supervised by an intergovernmental organization,

Acknowledging that increased competition in the provision of

telecommunications services has made it necessary for the International Telecommunications Satellite Organization to transfer its space system to the Company defined in Article 1(d) of this Agreement in order that the space system continues to be operated in a commercially viable manner,

Intending that the Company will honor the Core Principles set

forth in Article III of this Agreement and will provide, on a commercial basis, the space segment required for international public telecommunications services of high quality and reliability,

Having determined that there is a need for an intergovernmental

supervisory organization, to which any State member of the United Nations or the International Telecommunication Union may become a Party, to ensure that the Company fulfills the Core Principles on a continuing basis,

Agree as follows:

Definitions

ARTICLE I

For the purposes of this Agreement:

(a) “Agreement” means the present agreement, including its

Annex, and any amendments thereto, but excluding all titles of Articles, opened for signature by Governments at Washington on August 20, 1971, by which the international telecommunications satellite organization is established;

(b) “Space segment” means the telecommunications satellites,

and the tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites;

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(c) “Telecommunications” means any transmission, emission or

reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, optical or other electromagnetic systems;

(d) “Company” means the private entity or entities established

under the law of one or more States to which the international telecommunications satellite organization’s space system is transferred and includes their successors-in-interest;

(e) “On a Commercial Basis” means in accordance with usual

and customary commercial practice in the telecommunications industry;

(f) “Public telecommunications services” means fixed or mobile

telecommunications services which can be provided by satellite and which are available for use by the public, such as telephony, telegraphy, telex, facsimile, data transmission, transmission of radio and television programs between approved earth stations having access to the Company’s space segment for further transmission to the public, and leased circuits for any of these purposes; but excluding those mobile services of a type not provided under the Interim Agreement and the Special Agreement prior to the opening for signature of this Agreement, which are provided through mobile stations operating directly to a satellite which is designed, in whole or in part, to provide services relating to the safety or flight control of aircraft or to aviation or maritime radio navigation;

(g) “Interim Agreement” means the Agreement Establishing

Interim Arrangements for a Global Commercial Communications Satellite System signed by Governments at Washington on August 20, 1964;

(h) “Lifeline Connectivity Obligation” or “LCO” means the

obligation assumed by the Company as set out in the LCO contract to provide continued telecommunications services to the LCO customer;

(i) “Special Agreement” means the agreement signed on August

20, 1964, by Governments or telecommunications entities designated by Governments, pursuant to the provisions of the Interim Agreement;

(j) “Public Services Agreement” means the legally binding

instrument through which ITSO ensures that the Company honors the Core Principles;

(k) “Core Principles” means those principles set forth in Article

III;

(l) “Common Heritage” means those frequency assignments

associated with orbital locations in the process of advanced publication, coordination or registered on behalf of the Parties with the International Telecommunication Union (“ITU”) in accordance with the provisions set forth in the ITU’s Radio Regulations which are transferred to a Party or Parties pursuant to Article XII;

(m) “Global coverage” means the maximum geographic

coverage of the earth towards the northernmost and southernmost parallels visible from satellites deployed in geostationary orbital locations;

(n) “Global connectivity” means the interconnection capabilities

available to the Company’s customers through the global coverage the Company provides in order to make communication possible within and between the five International Telecommunication Union regions defined by the plenipotentiary conference of the ITU, held in Montreux in 1965;

(o) “Non-discriminatory access” means fair and equal

opportunity to access the Company’s system;

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(p) “Party” means a State for which the Agreement has entered

into force or has been provisionally applied;

(q) “Property” includes every subject of whatever nature to

which a right of ownership can attach, as well as contractual rights;

(r) “LCO customers” means all customers qualifying for and

entering into LCO contracts; and

(s) “Administration” means any governmental department or

agency responsible for compliance with the obligations derived from the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union, and its Administrative Regulations.

Establishment of ITSO

ARTICLE II

The Parties, with full regard for the principles set forth in the Preamble to this Agreement, establish the International Telecommunications Satellite Organization, herein referred to as “ITSO”.

Main Purpose and Core Principles of ITSO

ARTICLE III

(a) Taking into account the establishment of the Company, the

main purpose of ITSO is to ensure, through the Public Services Agreement, that the Company provides, on a commercial basis, international public telecommunications services, in order to ensure performance of the Core Principles.

(b) The Core Principles are:

(i) maintain global connectivity and global coverage; (ii) serve its lifeline connectivity customers; and (iii) provide non-discriminatory access to the

Company’s system.

Covered Domestic Public Telecommunications Services

ARTICLE IV

The following shall be considered for purposes of applying

Article III on the same basis as international public telecommunications services:

(a) domestic public telecommunications services between areas

separated by areas not under the jurisdiction of the State concerned, or between areas separated by the high seas; and

(b) domestic public telecommunications services between areas

which are not linked by any terrestrial wideband facilities and which are separated by natural barriers of such an exceptional nature that they impede the viable establishment of terrestrial wideband facilities between such areas, provided that the appropriate approval has been given.

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Supervision

ARTICLE V

ITSO shall take all appropriate actions, including entering into

the Public Services Agreement, to supervise the performance by the Company of the Core Principles, in particular, the principle of nondiscriminatory access to the Company’s system for existing and future public telecommunications services offered by the Company when space segment capacity is available on a commercial basis.

Juridical Personality

ARTICLE VI

(a) ITSO shall possess juridical personality. It shall enjoy the

full capacity necessary for the exercise of its functions and the achievement of its purposes, including the capacity to:

(i) conclude agreements with States or international

organizations;

(ii) contract; (iii) acquire and dispose of property; and (iv) be a party to legal proceedings.

(b) Each Party shall take such action as is necessary within its

jurisdiction for the purpose of making effective in terms of its own law the provisions of this Article.

Financial Principles

ARTICLE VII

(a) ITSO will be financed for the twelve year period established

in Article XXI by the retention of certain financial assets at the time of transfer of ITSO’s space system to the Company.

(b) In the event ITSO continues beyond twelve years, ITSO

shall obtain funding through the Public Services Agreement

Structure of ITSO

ARTICLE VIII

ITSO shall have the following organs:

(a) the Assembly of Parties; and (b) an executive organ, headed by the Director General,

responsible to the Assembly of Parties.

Assembly of Parties

ARTICLF IX

(a) The Assembly of Parties shall be composed of all the Parties

and shall he the principal organ of ITSO.

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(b) The Assembly of Parties shall give consideration to general

policy and long-term objectives of ITSO.

(c) The Assembly of Parties shall give consideration to matters

which are primarily of interest to the Parties as sovereign States, and in particular ensure that the Company provides, on a commercial basis, international public telecommunications services, in order to:

(i) maintain global connectivity and global coverage; (ii) serve its lifeline connectivity customers; and (iii) provide non-discriminatory access to the

Company’s system.

(d) The Assembly of Parties shall have the following functions

and powers:

(i) to direct the executive organ of ITSO as it deems

appropriate, in particular regarding the executive organ’s review of the activities of the Company that directly relate to the Core Principles;

(ii) to consider and take decisions on proposals for

amending this Agreement in accordance with Article XV of this Agreement;

(iii) to appoint and remove the Director General in

accordance with Article X;

(iv) to consider and decide on reports submitted by the

Director General that relate to the Company’s observance of the Core Principles;

(v) to consider and, in its discretion, take decisions on

recommendations from the Director General;

(vi) to take decisions, pursuant to paragraph (b) of

Article XIV of this Agreement, in connection with the withdrawal of a Party from ITSO;

(vii) to decide upon questions concerning formal

relationships between ITSO and States, whether Parties or not, or international organizations;

(viii) to consider complaints submitted to it by Parties; (ix) to consider issues pertaining to the Parties’

Common Heritage;

(x) to take decisions concerning the approval referred

to in paragraph (b) of Article IV of this Agreement;

(xi) to consider and approve the budget of ITSO for

such period as agreed to by the Assembly of Parties;

(xii) to take any necessary decisions with respect to

contingencies that may arise outside of the approved budget;

(xiii) to appoint an auditor to review the expenditures

and accounts of ITSO;

(xiv) to select the legal experts referred to in Article 3

of Annex A to this Agreement;

(xv) to determine the conditions under which the

Director General may commence an arbitration proceeding against the Company pursuant to the Public Services Agreement;

(xvi) to decide upon amendments proposed to the

Public Services Agreement; and (xvii) to exercise any other functions conferred upon it under any other Article of this Agreement.

(e) The Assembly of Parties shall meet in ordinary session every

two years beginning no later than twelve months after the transfer of ITSO’s space system to the Company. In addition to the ordinary meetings of the

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Parties, the Assembly of Parties may meet in extraordinary meetings, which may be convened upon request of the executive organ acting pursuant to the provisions of paragraph (k) of Article X, or upon the written request of one or more Parties to the Director General that sets forth the purpose of the meeting and which receives the support of at least one-third of the Parties including the requesting Parties. The Assembly of Parties shall establish the conditions under which the Director General may convene an extraordinary meeting of the Assembly of Parties.

(f) A quorum for any meeting of the Assembly of Parties shall

consist of representatives of a majority of the Parties. Decisions on matters of substance shall be taken by an affirmative vote cast by at least two-thirds of the Parties whose representatives are present and voting. Decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority of the Parties whose representatives are present and voting. Disputes whether a specific matter is procedural or substantive shall be decided by a vote cast by a simple majority of the Parties whose representatives are present and voting. Parties shall be afforded an opportunity to vote by proxy or other means as deemed appropriate by the Assembly of Parties and shall be provided with necessary information sufficiently in advance of the meeting of the Assembly of Parties.

(g) For any meeting of the Assembly of Parties, each Party shall

have one vote.

(h) The Assembly of Parties shall adopt its own rules of

procedure, which shall include provision for the election of a Chairman and other officers as well as provisions for participation and voting.

(i) Each Party shall meet its own costs of representation at a

meeting of the Assembly of Parties. Expenses of meetings of the Assembly of Parties shall he regarded as an administrative cost of ITSO.

Director General

ARTICLE X

(a) The executive organ shall be headed by the Director General

who shall be directly responsible to the Assembly of Parties.

(b) The Director General shall

(i) be the chief executive and the legal representative of

ITSO and shall be responsible for the performance of all management functions, including the exercise of rights under contract;

(ii) act in accordance with the policies and directives of

the Assembly of Parties; and

(iii) be appointed by the Assembly of Parties for a term

of four years or such other period as the Assembly of Parties decides. The Director General may be removed from office for cause by the Assembly of Parties. No person shall be appointed as Director General for more than eight years.

(c) The paramount consideration in the appointment of the

Director General and in the selection of other personnel of the executive organ shall be the necessity of ensuring the highest standards of integrity, competency and efficiency, with consideration given to the possible advantages of recruitment and deployment on a regionally and

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geographically diverse basis. The Director General and the personnel of the executive organ shall refrain from any action incompatible with their responsibilities to ITSO.

(d) The Director General shall, subject to the guidance and

instructions of the Assembly of Parties, determine the structure, staff levels and standard terms of employment of officials and employees, and shall appoint the personnel of the executive organ. The Director General may select consultants and other advisers to the executive organ.

(e) The Director General shall supervise the Company’s

adherence to the Core Principles.

(f) The Director General shall

(i) monitor the Company’s adherence to the Core

Principle to serve LCO customers by honoring LCO contracts;

(ii) consider the decisions taken by the Company with

respect to petitions for eligibility to enter into an LCO contract;

(iii) assist LCO customers in resolving their disputes

with the Company by providing conciliation services; and

(iv) in the event an LCO customer decides to initiate an

arbitration proceeding against the Company, provide advice on the selection of consultants and arbiters.

(g) The Director General shall report to the Parties on the

matters referred to in paragraphs (d) through (f).

(h) Pursuant to the terms to be established by the Assembly of

Parties, the Director General may commence arbitration proceedings against the Company pursuant to the Public Services Agreement.

(i) The Director General shall deal with the Company in

accordance with the Public Services Agreement.

(j) The Director General, on behalf of ITSO, shall consider all

issues arising from the Parties’ Common Heritage and shall communicate the views of the Parties to the Notifying Administration(s).

(k) When the Director General is of the view that a Party’s

failure to take action pursuant to Article XI(c) has impaired the Company’s ability to comply with the Core Principles, the Director General shall contact that Party to seek a resolution of the situation and may, consistent with the conditions established by the Assembly of Parties pursuant to Article IX(e), convene an extraordinary meeting of the Assembly of Parties.

(l) The Assembly of Parties shall designate a senior officer of

the executive organ to serve as the Acting Director General whenever the Director General is absent or is unable to discharge his duties, or if the office of Director General should become vacant. The Acting Director General shall have the capacity to exercise all the powers of the Director General pursuant to this Agreement. In the event of a vacancy, the Acting Director General shall serve in that capacity until the assumption of office by a Director General appointed and confirmed, as expeditiously as possible, in accordance with subparagraph (b) (iii) of this Article.

Rights and Obligations of Parties

ARTICLE XI

(a) The Parties shall exercise their rights and meet their

obligations under this Agreement in a manner fully consistent with and in

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furtherance of the principles stated in the Preamble, the Core Principles in Article III and other provisions of this Agreement.

(b) All Parties shall be allowed to attend and participate in all

conferences and meetings, in which they are entitled to be represented in accordance with any provisions of this Agreement, as well as any other meeting called by or held under the auspices of ITSO, in accordance with the arrangements made by ITSO for such meetings regardless of where they may take place. The executive organ shall ensure that arrangements with the host Party for each such conference or meeting shall include a provision for the admission to the host country and sojourn for the duration of such conference or meeting, of representatives of all Parties entitled to attend.

(c) All Parties shall take the actions required, in a transparent,

non-discriminatory, and competitively neutral manner, under applicable domestic procedure and pertinent international agreements to which they are party, so that the Company may fulfill the Core Principles.

Frequency Assignments

ARTICLE XII

(a) The Parties of ITSO shall retain the orbital locations and

frequency assignments in process of coordination or registered on behalf of the Parties with the ITU pursuant to the provisions set forth in the ITU’s Radio Regulations until such time as the selected Notifying Administration(s) has provided its notification to the Depositary that it has approved, accepted or ratified the present Agreement. The Parties shall select among the ITSO members a Party to represent all ITSO member Parties with the ITU during the period in which the Parties of ITSO retain such assignments.

(b) The Party selected pursuant to paragraph (a) to represent all

Parties during the period in which ITSO retains the assignments shall, upon the receipt of the notification by the Depositary of the approval, acceptance or ratification of the present Agreement by a Party selected by the Assembly of Parties to act as a Notifying Administration for the Company, transfer such assignments to the selected Notifying Administration(s).

(c) Any Party selected to act as the Company’s Notifying

Administration shall, under applicable domestic procedure:

(i) authorize the use of such frequency assignment by

the Company so that the Core Principles may be fulfilled; and

(ii) in the event that such use is no longer authorized, or

the Company no longer requires such frequency assignment(s), cancel such frequency assignment under the procedures of the ITU.

(d) Notwithstanding any other provision of this Agreement, in

the event a Party selected to act as a Notifying Administration for the Company ceases to be a member of ITSO pursuant to Article XIV, such Party shall be bound and subject to all relevant provisions set forth in this Agreement and in the ITU’s Radio Regulations until the frequency assignments are transferred to another Party in accordance with ITU procedures.

(e) Each Party selected to act as a Notifying Administration

pursuant to paragraph (c) shall:

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(i) report at least on an annual basis to the Director

General on the treatment afforded by such Notifying Administration to the Company, with particular regard to such Party’s adherence to its obligations under Article XI(c);

(ii) seek the views of the Director General, on behalf of

ITSO, regarding actions required to implement the Company’s fulfillment of the Core Principles;

(iii) work with the Director General, on behalf of ITSO,

on potential activities of the Notifying Administration(s) to expand access to lifeline countries;

(iv) notify and consult with the Director General on

ITU satellite system coordinations that are undertaken on behalf of the Company to assure that global connectivity and service to lifeline users are maintained; and

(v) consult with the ITU regarding the satellite

communications needs of lifeline users.

ITSO Headquarters, Privileges, Exemptions, Immunities

ARTICLE XIII

(a) The headquarters of ITSO shall be in Washington, D.C.

unless otherwise determined by the Assembly of Parties.

(b) Within the scope of activities authorized by this Agreement,

ITSO and its property shall be exempt in all States Party to this Agreement from all national income and direct national property taxation. Each Party undertakes to use its best endeavors to bring about, in accordance with the applicable domestic procedure, such further exemption of ITSO and its property from income and direct property taxation, and customs duties, as is desirable, bearing in mind the particular nature of ITSO.

(c) Each Party other than the Party in whose territory the

headquarters of ITSO is located shall grant in accordance with the Protocol referred to in this paragraph, and the Party in whose territory the headquarters of ITSO is located shall grant in accordance with the Headquarters Agreement referred to in this paragraph, the appropriate privileges, exemptions and immunities to ITSO, to its officers, and to those categories of its employees specified in such Protocol and Headquarters Agreement, to Parties and representatives of Parties. In particular, each Party shall grant to these individuals immunity from legal process in respect of acts done or words written or spoken in the exercise of their functions and within the limits of their duties, to the extent and in the cases to be provided for in the Headquarters Agreement and Protocol referred to in this paragraph. The Party in whose territory the headquarters of ITSO is located shall, as soon as possible, conclude a Headquarters Agreement with ITSO covering privileges, exemptions and immunities. The other Parties shall, also as soon as possible, conclude a Protocol covering privileges, exemptions and immunities. The Headquarters Agreement and the Protocol shall be independent of this Agreement and each shall prescribe the conditions of its termination.

Withdrawal

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ARTICLE XIV

(a) (i) Any Party may withdraw voluntarily from ITSO. A

Party shall give written notice to the Depositary of its decision to withdraw.

(ii) Notification of the decision of a Party to withdraw

pursuant to subparagraph (a)(i) of this Article shall be transmitted by the Depositary to all Parties and to the executive organ.

(iii) Subject to Article XII(d), voluntary withdrawal

shall become effective and this Agreement shall cease to be in force, for a Party three months after the date of receipt of the notice referred to in subparagraph (a)(i) of this Article.

(b) (i) If a Party appears to have failed to comply with any

obligation under this Agreement, the Assembly of Parties, having received notice to that effect or acting on its own initiative, and having considered any representations made by the Party, may decide, if it finds that the failure to comply has in fact occurred, that the Party be deemed to have withdrawn from ITSO. This Agreement shall cease to be in force for the Party as of the date of such decision. An extraordinary meeting of the Assembly of Parties may be convened for this purpose.

(ii) If the Assembly of Parties decides that a Party shall

be deemed to have withdrawn from ITSO pursuant to subparagraph (i) of this paragraph (b), the executive organ shall notify the Depositary, which shall transmit the notification to all Parties.

(c) Upon the receipt by the Depositary or the executive organ, as

the case may be, of notice of decision to withdraw pursuant to subparagraph (a)(i) of this Article, the Party giving notice shall cease to have any rights of representation and any voting rights in the Assembly of Parties, and shall incur no obligation or liability after the receipt of the notice.

(d) If the Assembly of Parties, pursuant to paragraph (b) of this

Article, deems a Party to have withdrawn from ITSO, that Party shall incur no obligation or liability after such decision.

(e) No Party shall be required to withdraw from ITSO as a direct

result of any change in the status of that Party with regard to the United Nations or the International Telecommunication Union.

Amendment ARTICLE XV

(a) Any Party may propose amendments to this Agreement.

Proposed amendments shall be submitted to the executive organ, which shall distribute them promptly to all Parties.

(b) The Assembly of Parties shall consider each proposed

amendment at its first ordinary meeting following its distribution by the executive organ, or at an earlier extraordinary meeting convened in accordance with the procedures of Article IX of this Agreement, provided that the proposed amendment has been distributed by the executive organ at least ninety days before the opening date of the meeting.

(c) The Assembly of Parties shall take decisions on each

proposed amendment in accordance with the provisions relating to quorum and voting contained in Article IX of this Agreement. It may modify any proposed amendment, distributed in accordance with paragraph (b) of this

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Article, and may also take decisions on any amendment not so distributed but directly consequential to a proposed or modified amendment.

(d) An amendment which has been approved by the Assembly of

Parties shall enter into force in accordance with paragraph (e) of this Article after the Depositary has received notice of approval, acceptance or ratification of the amendment from two-thirds of the States which were Parties as of the date upon which the amendment was approved by the Assembly of Parties.

(e) The Depositary shall notify all the Parties as soon as it has

received the acceptances, approvals or ratifications required by paragraph (d) of this Article for the entry into force of an amendment. Ninety days after the date of issue of this notification, the amendment shall enter into force for all Parties, including those that have not yet accepted, approved, or ratified it and have not withdrawn from ITSO.

(f) Notwithstanding the provisions of paragraphs (d) and (e) of

this Article, an amendment shall not enter into force less than eight months after the date it has been approved by the Assembly of Parties.

Settlement of Disputes

ARTICLE XVI

(a) All legal disputes arising in connection with the rights and

obligations under this Agreement between Parties with respect to each other, or between ITSO and one or more Parties, if not otherwise settled within a reasonable time, shall be submitted to arbitration in accordance with the provisions of Annex A to this Agreement.

(b) All legal disputes arising in connection with the rights and

obligations under this Agreement between a Party and a State which has ceased to be a Party or between ITSO and a State which has ceased to be a Party, and which arise after the State ceased to be a Party, if not otherwise settled within a reasonable time, shall be submitted to arbitration in accordance with the provisions of Annex A to this Agreement, provided that the State which has ceased to be a Party so agrees. If a State ceases to be a Party, after a dispute in which it is a disputant has been submitted to arbitration pursuant to paragraph (a) of this Article, the arbitration shall be continued and concluded.

(c) All legal disputes arising as a result of agreements between

ITSO and any Party shall be subject to the provisions on settlement of disputes contained in such agreements. In the absence of such provisions, such disputes, if not otherwise settled, may be submitted to arbitration in accordance with the provisions of Annex A to this Agreement if the disputants so agree.

Signature ARTICLE XVII

(a) This Agreement shall be open for signature at Washington

from August 20, 1971 until it enters into force, or until a period of nine months has elapsed, whichever occurs first:

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(i) by the Government of any State party to the Interim

Agreement;

(ii) by the Government of any other State member of

the United Nations or the International Telecommunication Union.

(b) Any Government signing this Agreement may do so without

its signature being subject to ratification, acceptance or approval or with a declaration accompanying its signature that it is to ratification, acceptance or approval.

(c) Any State referred to in paragraph (a) of this Article after it

is closed for signature.

(d) No reservation may be made to this Agreement.

Entry Into Force

ARTICLE XVIII

(a) This Agreement shall enter into force sixty days after the

date on which it has been signed not subject to ratification, acceptance or approval, or has been ratified, accepted, approved or acceded to, by twothirds of the States which were parties to the Interim Agreement as of the date upon which this Agreement is opened for signature, provided that such two-thirds include parties to the Interim Agreement which then held at least two-thirds of the quotas under the Special Agreement. Notwithstanding the foregoing provisions, this Agreement shall not enter into force less than eight months or more than eighteen months after the date it is opened for signature.

(b) For a State whose instrument of ratification, acceptance,

approval or accession is deposited after the date this Agreement enters into force pursuant to paragraph (a) of this Article, this Agreement shall enter into force on the date of such deposit.

(c) Upon entry into force of this Agreement pursuant to

paragraph (a) of this Article, it may be applied provisionally with respect to any State whose Government signed it subject to ratification, acceptance or approval if that Government so requests at the time of signature or at any time thereafter prior to the entry into force of this Agreement. Provisional application shall terminate:

(i) upon deposit of an instrument of ratification,

acceptance or approval of this Agreement by that Government;

(ii) upon expiration of two years from the date on

which this Agreement enters into force without having been ratified, accepted or approved by that Government; or

(iii) upon notification by that Government, before

expiration of the period mentioned in subparagraph (ii) of this paragraph, of its decision not to ratify, accept or approve this Agreement. If provisional application terminates pursuant to subparagraph (ii) or (iii) of this paragraph, the provisions of paragraph (c) of Article XIV of this Agreement shall govern the rights and obligations of the Party

(d) Upon entry into force, this Agreement shall replace and

terminate the Interim Agreement.

Miscellaneous Provisions

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ARTICLE XIX

a) The official and working languages of ITSO shall he English,

French and Spanish.

(b) Internal regulations for the executive organ shall provide for

the prompt distribution to all Parties of copies of any ITSO document in accordance with their requests.

(c) Consistent with the provisions of Resolution 1721 (XVI) of

the General Assembly of the United Nations, the executive organ shall send to the Secretary General of the United Nations, and to the Specialized Agencies concerned, for their information, an annual report on the activities of ITSO.

Depositary ARTICLE XX

(a) The Government of the United States of America shall be the

Depositary for this Agreement, with which shall be deposited declarations made pursuant to paragraph (b) of Article XVII of this Agreement, instruments of ratification, acceptance, approval or accession, requests for provisional application, and notifications of ratification, acceptance or approval of amendments, of decisions to withdraw from ITSO, or of termination of the provisional application of this Agreement.

(b) This Agreement, of which the English, French and Spanish

texts are equally authentic, shall be deposited in the archives of the Depositary. The Depositary shall transmit certified copies of the text of this Agreement to all Governments that have signed it or deposited instruments of accession to it, and to the International Telecommunication Union, and shall notify those Governments, and the International Telecommunication Union, of signatures, of declarations made pursuant to paragraph (b) of Article XVII of this Agreement, of the deposit of instruments of ratification, acceptance, approval or accession, of requests for provisional application, of commencement of the sixty-day period referred to in paragraph (a) of Article XVIII of this Agreement, of the entry into force of this Agreement, of notifications of ratification, acceptance or approval of amendments, of the entry into force of amendments, of decisions to withdraw from ITSO, of withdrawals and of terminations of provisional application of this Agreement. Notice of the commencement of the sixty-day period shall be issued on the first day of that period.

(c) Upon entry into force of this Agreement, the Depositary

shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Duration ARTICLE XXI

This Agreement shall be in effect for at least twelve years from

the date of transfer of ITSO’s space system to the Company. The Assembly of Parties may terminate this Agreement effective upon the twelfth anniversary of the date of transfer of ITSO’s space system to the Company

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by a vote pursuant to Article LX(f) of the Parties. Such decision shall be deemed to be a matter of substance.

IN WITNESS WHEREOF the Plenipotentiaries gathered together in the city of Washington, who have submitted their full powers, found to be in good and due form, have signed this Agreement.

DONE at Washington, on the 20

th

day of August, one thousand nine

hundred and seventy one.

Provisions on Procedures Relating to Settlement of Disputes

ANNEX A

ARTICLE 1

The only disputants in arbitration proceedings instituted in

accordance with this Annex shall be those referred to in Article XVI of this Agreement.

ARTICLE 2

An arbitral tribunal of three members duly constituted in

accordance with the provisions of this Annex shall be competent to give a decision in any dispute cognizable pursuant to Article XVI of this Agreement.

ARTICLE 3

(a) Not later than sixty days before the opening date of the first

and each subsequent ordinary meeting of the Assembly of Parties, each Party may submit to the executive organ the names of not more than two legal experts who will be available for the period from the end of such meeting until the end of the second subsequent ordinary meeting of the Assembly of Parties to serve as presidents or members of tribunals constituted in accordance with this Annex. From such nominees the executive organ shall prepare a list of all the persons thus nominated and shall attach to this list any biographical particulars submitted by the nominating Party, and shall distribute such list to all Parties not later than thirty days before the opening date of the meeting in question. If for any reason a nominee becomes unavailable for selection to the panel during the sixty-day period before the opening date of the meeting of the Assembly of Parties, the nominating Party may, not later than fourteen days before the

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opening date of the meeting of the Assembly of Parties, substitute the name of another legal expert.

(b) From the list mentioned in paragraph (a) of this Article, the

Assembly of Parties shall select eleven persons to be members of a panel from which presidents of tribunals shall be selected, and shall select an alternate for each such member. Members and alternates shall serve for the period prescribed in paragraph (a) of this Article. If a member becomes unavailable to serve on the panel, he shall be replaced by his alternate.

(c) For the purpose of designating a chairman, the panel shall be

convened to meet by the executive organ as soon as possible after the panel has been selected. Members of the panel may participate in this meeting in person, or through electronic means. The quorum for a meeting of the panel shall be nine of the eleven members. The panel shall designate one of its members as its chairman by a decision taken by the affirmative votes of at least six members, cast in one or, if necessary, more than one secret ballot. The chairman so designated shall hold office as chairman for the rest of his period of office as a member of the panel. The cost of the meeting of the panel shall be regarded as an administrative cost of ITSO.

(d) If both a member of the panel and the alternate for that

member become unavailable to serve, the Assembly of Parties shall fill the vacancies thus created from the list referred to in paragraph (a) of this Article. A person selected to replace a member or alternate whose term of office has not expired shall hold office for the remainder of the term of his predecessor. Vacancies in the office of the chairman of the panel shall be filled by the panel by designation of one of its members in accordance with the procedure prescribed in paragraph (c) of this Article.

(e) In selecting the members of the panel and the alternates in

accordance with paragraph (b) or (d) of this Article, the Assembly of Parties shall seek to ensure that the composition of the panel will always be able to reflect an adequate geographical representation, as well as the principal legal systems as they are represented among the Parties.

(f) Any panel member or alternate serving on an arbitral tribunal

at the expiration of his term shall continue to serve until the conclusion of any arbitral proceeding pending before such tribunal.

ARTICLE 4

(a) Any petitioner wishing to submit a legal dispute to

arbitration shall provide each respondent and the executive organ with a document which contains:

(i) a statement which fully describes the dispute being

submitted for arbitration, the reasons why each respondent is required to participate in the arbitration, and the relief being requested;

(ii) a statement which sets forth why the subject matter

of the dispute comes within the competence of a tribunal to be constituted in accordance with this Annex, and why the relief being requested can be granted by such tribunal if it finds in favor of the petitioner;

(iii) a statement explaining why the petitioner has been

unable to achieve a settlement of the dispute within a reasonable time by negotiation or other means short of arbitration;

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(iv) in the case of any dispute for which, pursuant to

Article XVI of this Agreement, the agreement of the disputants is a condition for arbitration in accordance with this Annex, evidence of such agreement; and

(v) the name of the person designated by the petitioner

to serve as a member of the tribunal.

(b) The executive organ shall promptly distribute to each Party,

and to the chairman of the panel, a copy of the document provided pursuant to paragraph (a) of this Article.

ARTICLE 5

(a) Within sixty days from the date copies of the document

described in paragraph (a) of Article 4 of this Annex have been received by all the respondents, the side of the respondents shall designate an individual to serve as a member of the tribunal. Within that period, the respondents may, jointly or individually, provide each disputant and the executive organ with a document stating their responses to the document referred to in paragraph (a) of Article 4 of this Annex and including any counter-claims arising out of the subject matter of the dispute. The executive organ shall promptly furnish the chairman of the panel with a copy of any such document.

(b) In the event of a failure by the side of the respondents to

make such a designation within the period allowed, the chairman of the panel shall make a designation from among the experts whose names were submitted to the executive organ pursuant to paragraph (a) of Article 3 of this Annex.

(c) Within thirty days after the designation of the two members

of the tribunal, they shall agree on a third person selected from the panel constituted in accordance with Article 3 of this Annex, who shall serve as the president of the tribunal. In the event of failure to reach agreement within such period of time, either of the two members designated may inform the chairman of the panel, who, within ten days, shall designate a member of the panel other than himself to serve as president of the tribunal.

(d) The tribunal is constituted as soon as the president is

selected.

ARTICLE 6

(a) If a vacancy occurs in the tribunal for reasons which the

president or the remaining members of the tribunal decide are beyond the control of the disputants, or are compatible with the proper conduct of the arbitration proceedings, the vacancy shall be filled in accordance with the following provisions:

(i) if the vacancy occurs as a result of the withdrawal of

a member appointed by a side to the dispute, then that side shall select a replacement within ten days after the vacancy occurs;

(ii) if the vacancy occurs as a result of the withdrawal

of the president of the tribunal or of another member of the tribunal appointed by the chairman, a replacement shall be selected from the panel in

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the manner described in paragraph (c) or (b) respectively of Article 5 of this Annex.

(b) If a vacancy occurs in the tribunal for any reason other than

as described in paragraph (a) of this Article, or if a vacancy occurring pursuant to that paragraph is not filled, the remainder of the tribunal shall have the power, notwithstanding the provisions of Article 2 of this Amex, upon the request of one side, to continue the proceedings and give the final decision of the tribunal.

ARTICLE 7

(a) The tribunal shall decide the date and place of its sittings. (b) The proceedings shall be held in private and all material

presented to the tribunal shall be confidential, except that ITSO and the Parties who are disputants in the proceedings shall have the right to be present and shall have access to the material presented. When ITSO is a disputant in the proceedings, all Parties shall have the right to be present and shall have access to the material presented.

(c) In the event of a dispute over the competence of the tribunal,

the tribunal shall deal with this question first, and shall give its decision as soon as possible.

(d) The proceedings shall be conducted in writing, and each side

shall have the right to submit written evidence in support of its allegations of fact and law. However, oral arguments and testimony may be given if the tribunal considers it appropriate.

(e) The proceedings shall commence with the presentation of the

case of the petitioner containing its arguments, related facts supported by evidence and the principles of law relied upon. The case of the petitioner shall be followed by the counter-case of the respondent. The petitioner may submit a reply to the counter-case of the respondent. Additional pleadings shall be submitted only if the tribunal determines they are necessary.

(f) The tribunal may hear and determine counter-claims arising

directly out of the subject matter of the dispute, provided the counter-claims are within its competence as defined in Article XVI of this Agreement.

(g) If the disputants reach an agreement during the proceedings,

the agreement shall be recorded in the form of a decision of the tribunal given by consent of the disputants.

(h) At any time during the proceedings, the tribunal may

terminate the proceedings if it decides the dispute is beyond its competence as defined in Article XVI of the Agreement.

(i)The deliberations of the tribunal shall be secret. (j) The decisions of the tribunal shall be presented in writing and

shall be supported by a written opinion. Its rulings and decisions must be supported by at least two members. A member dissenting from the decision may submit a separate written opinion.

(k) The tribunal shall forward its decision to the executive

organ, which shall distribute it to all Parties.

(l) The tribunal may adopt additional rules of procedure,

consistent with those established by this Annex, which are necessary for the proceedings.

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ARTICLE 8

If one side fails to present its case, the other side may call upon

the tribunal to give a decision in its favor. Before giving its decision, the tribunal shall satisfy itself that it has competence and that the case is wellfounded in fact and in law.

ARTICLE 9

Any Party not a disputant in a case, or ITSO, if it considers that

it has a substantial interest in the decision of the case, may petition the tribunal for permission to intervene and become an additional disputant in the case. If the tribunal determines that the petitioner has a substantial interest in the decision of the case, it shall grant the petition.

ARTICLE 10

Either at the request of a disputant, or upon its own initiative,

the tribunal may appoint such experts as it deems necessary to assist it.

ARTICLE 11

Each Party and ITSO shall provide all information determined

by the tribunal, either at the request of a disputant or upon its own initiative, to be required for the handling and determination of the dispute.

ARTICLE 12

During the course of its consideration of the case, the tribunal

may, pending the final decision, indicate any provisional measures which it considers would preserve the respective rights of the disputants.

ARTICLE 13

(a) The decision of the tribunal shall be based on

(i) this Agreement; and (ii) generally accepted principles of law.

(b) The decision of the tribunal, including any reached by

agreement of the disputants pursuant to paragraph (g) of Article 7 of this Annex, shall be binding on all the disputants and shall be carried out by them in good faith. In a case in which ITSO is a disputant, and the tribunal decides that a decision of one of its organs is null and void as not being authorized by or in compliance with this Agreement, the decision of the tribunal shall be binding on all Parties.

(c) In the event of a dispute as to the meaning or scope of its

decision, the tribunal shall construe it at the request of any disputant.

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ARTICLE 14

Unless the tribunal determines otherwise because of the

particular circumstances of the case, the expenses of the tribunal, including the remuneration of the members of the tribunal, shall be borne in equal shares by each side. Where a side consists of more than one disputant, the share of that side shall be apportioned by the tribunal among the disputants on that side. Where ITSO is a disputant, its expenses associated with the arbitration shall be regarded as an administrative cost of ITSO.

AMENDMENT TO THE OPERATING AGREEMENT

The only amendment involves Article 23 (Entry Into Force) of the Operating Agreement; all other provisions remain unchanged:

Entry Into Force

ARTICLE 23

(a) This Operating Agreement shall enter into force for a

Signatory on the date on which the Agreement enters into force, in accordance with paragraphs (a) and (d) or paragraphs (b) and (d) of Article XVIII of the Agreement, for the Party concerned.

(b) This Operating Agreement shall be applied provisionally for

a Signatory on the date on which the Agreement is applied provisionally, in accordance with paragraphs (c) and (d) of Article XVIII of the Agreement, for the Party concerned.

(c) This Operating Agreement shall terminate either when the

Agreement ceases to be in force or when amendments to the Agreement deleting references to the Operating Agreement enter into force, whichever is earlier.

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PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE

INTERNATIONAL MOBILE SATELLITE ORGANIZATION

(INMARSAT)

Entered into Force on 30 July 1983

ARTICLE 1 Use of Terms ARTICLE 2 Immunity of Inmarsat from Jurisdiction and Execution ARTICLE 3 Inviolability of Archives ARTICLE 4 Exemption from Taxes and Duties ARTICLE 5 Funds, Currency and Securities ARTICLE 6 Official Communications and Publications ARTICLE 7 Staff Members ARTICLE 8 Director General ARTICLE 9 Representatives of Parties ARTICLE 10 Representatives of Signatories ARTICLE 11 Experts ARTICLE 12 Notification of Staff Members and Experts ARTICLE 13 Waiver ARTICLE 14 Assistance to Individuals ARTICLE 15 Observance of Laws and Regulations ARTICLE 16 Precautionary Measures ARTICLE 17 Settlement of Disputes ARTICLE 18 Complementary Agreements ARTICLE 19 Signature, Ratification and Accession ARTICLE 20 Entry into Force and Duration of Protocol ARTICLE 21 Entry into Force and Duration for a State ARTICLE 22 Depositary ARTICLE 23 Authentic Texts

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES

OF THE INTERNATIONAL MOBILE SATELLITE

ORGANIZATION (I

NMARSAT

)

THE STATES PARTIES TO THIS PROTOCOL:

HAVING REGARD to the Convention and the Operating

Agreement on the International Mobile Satellite Organization (Inmarsat) opened for signature at London on 3 September 1976, and, in particular, to Articles 25 and 26(4) of the Convention;

TAKING NOTE that Inmarsat has concluded a Headquarters

Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 25 February 1980.

CONSIDERING that the aim of this Protocol is to facilitate the

achievement of the purpose of Inmarsat and to ensure the efficient performance of its functions;

HAVE AGREED AS FOLLOWS:

Article 1

Use of Terms

For the purposes of this Protocol:

(a) "Convention" means the Convention on the

International Mobile Satellite Organization (Inmarsat), including its Annex, opened for signature at London on 3 September 1976;

(b) “Operating Agreement” means the Operating

Agreement on the International Mobile Satellite Organization (Inmarsat), including its annex, opened for signature at London on 3 September 1976;

(c) "Party to the Convention" means a State for which the

Convention is in force;

(d) "Headquarters Party" means the Party to the Convention

in whose territory Inmarsat has established its headquarters;

(e) “Signatory” means either a Party to the Protocol or an

entity designed by a Party to the Protocol for which the Operating Agreement is in force;

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(f) "Party to the Protocol" means a State for which this

Protocol is in force;

(g) "Staff member" means the Director General and any

person employed full time by Inmarsat and subject to its staff regulations;

(h) "Representatives" in the case of Parties to the Protocol,

the Headquarters Party and Signatories, means representatives to Inmarsat and in each case means heads of delegations, alternates and advisers;

(i) "Archives" includes all manuscripts, correspondence,

documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and computer programmes, belonging to or held by Inmarsat;

(j) "Official activities" of Inmarsat means activities carried

out by the Organization in pursuance of its purpose as defined in the Convention and includes its administrative activities;

(k) "Expert" means a person other than a staff member

appointed to carry out a specific task for or on behalf of Inmarsat and at its expense;

(l) “Inmarsat space segment” means the satellites, and

tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites, which are owned or leased by Inmarsat;

(l) "Property" means anything that can be the subject of a

right of ownership, including contractual rights.

Article 2

Immunity of Inmarsat from Jurisdiction and Execution

(1) Unless it has expressly waived immunity in a particular case, Inmarsat shall, within the scope of its official activities, have immunity from jurisdiction except in respect of:

(a) its commercial activities;

(b) a civil action by a third party for damage arising from an

accident caused by a motor vehicle or other means of transport belonging to, or operated on behalf of,

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Inmarsat, or in respect of a traffic offence involving such means of transport;

(c) the attachment, pursuant to the final order of a court of

law, of the salaries and emoluments, including pension rights, owed by Inmarsat to a staff member, or a former staff member;

(d) a counter-claim directly connected with judicial

proceedings initiated by Inmarsat.

(2) Notwithstanding paragraph (1), no action shall be brought in the courts of Parties to the Protocol against Inmarsat by Parties to the Convention, Signatories or persons acting for or deriving claims from any of them, relating to rights and obligations under the Convention or Operating Agreement.

(3) (a) The Inmarsat space segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action,

(b) All other property and assets of Inmarsat, wherever

located and by whomsoever held, shall enjoy the immunity set out in paragraph (3)(a) except in respect of

(i) an attachment or execution in order to satisfy a final

judgement or order of a court of law that relates to any proceedings that may be brought against Inmarsat pursuant to paragraph (1);

(ii) any action taken in accordance with the law of the State

concerned which is temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, Inmarsat;

(iiic) expropriation in respect of real property for public

purposes and subject to prompt payment of fair compensation, provided that such expropriation shall not prejudice the functions and operations of Inmarsat.

Article 3

Inviolability of Archives

The archives of Inmarsat shall be inviolable wherever located

and by whomsoever held.

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Article 4

Exemption from Taxes and Duties

(1) Within the scope of its official activities, Inmarsat and its property and income shall be exempt from all national direct and other taxes not normally incorporated in the price of goods and services.

(2) If Inmarsat, within the scope of its official activities, acquires goods or uses services of substantial value, and if the price of these goods or services includes taxes or duties, Parties to the Protocol shall, whenever possible, take appropriate measures to remit or reimburse the amount of such taxes or duties.

(3) Within the scope of its official activities, Inmarsat shall be exempt from customs duties, taxes and related charges on the Inmarsat space segment and on equipment connected with the launching of satellites for use in the Inmarsat space segment.

(4) Goods acquired by Inmarsat within the scope of its official activities shall be exempt from all prohibitions and restrictions on import or export. (5) No exemption shall be accorded in respect of taxes and duties which represent charges for specific services rendered.

(6) No exemption shall be accorded in respect of goods acquired by, or services provided to, Inmarsat for the personal benefit of staff members.

(7) Goods exempted under this Article shall not be transferred, hired out or lent, permanently or temporarily, or sold, except in accordance with conditions laid down by the Party to the Protocol which granted the exemption.

(8) Payments from Inmarsat to Signatories, pursuant to the Operating Agreement, shall be exempt from national taxes by any Party to the Protocol, other than the Party which has designated the Signatory.

Article 5

Funds, Currency and Securities

Inmarsat may receive and hold any kind of funds, currency or

securities and dispose of them freely for any of its official activities. It may hold accounts in any currency to the extent required to meet its obligations.

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Article 6

Official Communications and Publications

(1) With regard to its official communications and transfer of all its documents, Inmarsat shall enjoy in the territory of each Party to the Protocol treatment not less favourable than that generally accorded to equivalent intergovernmental organizations in the matter of priorities, rates and taxes on mails and all forms of telecommunications, as far as may be compatible with any international agreements to which that Party to the Protocol is a party.

(2) With regard to its official communications, Inmarsat may employ all appropriate means of communication, including messages in code or cipher. Parties to the Protocol shall not impose any restriction on the official communications of Inmarsat or on the circulation of its official publications. No censorship shall be applied to such communications and publications. (3) Inmarsat may install and use a radio transmitter only with the consent of the Party to the Protocol concerned.

Article 7

Staff Members

(1) Staff members shall enjoy the following privileges and immunities:

(a) immunity from jurisdiction, even after they have left the

service of Inmarsat, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; this immunity shall not, however, apply in the case of a traffic offence committed by a staff member, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

(b) exemption, together with members of their families

forming part of their respective households, from any obligations in respect of national service, including military service;

(c) inviolability for all their official papers related to the

exercise of their functions within the scope of the official activities of Inmarsat;

(d) exemption, together with members of their families

forming part of their respective households, from immigration restrictions and alien registration;

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(e) the same treatment in the matter of currency and

exchange control as is accorded to staff members of intergovernmental organizations;

(f) together with members of their families forming part of

their respective households, the same facilities as to repatriation in time of international crisis as are accorded to staff members of intergovernmental organizations;

(g) the right to import free of duty their furniture and

personal effects, including a motor vehicle, at the time of first taking up their post in the State concerned, and the right to export them free of duty on termination of their functions in that State, in both cases in accordance with the laws and regulations of the State concerned. However, except in accordance with such laws and regulations, goods which have been exempted under this sub-paragraph shall not be transferred, hired out or lent, permanently or temporarily, or sold.

(2) Salaries and emoluments paid by Inmarsat to staff members shall be exempt from income tax from the date upon which such staff members have begun to be liable for a tax imposed on their salaries by Inmarsat for the latter's benefit. Parties to the Protocol may take these salaries and emoluments into account for the purpose of assessing the amount of taxes to be applied to income from other sources. Parties to the Protocol are not required to grant exemption from income tax in respect of pensions and annuities paid to former staff members.

(3) Provided that staff members are covered by an Inmarsat’s social security scheme, Inmarsat and its staff members shall be exempt from all compulsory contributions to national social security schemes. This exemption does not preclude any voluntary participation in a national social security scheme in accordance with the law of the Party to the Protocol concerned; neither does it oblige a Party to the Protocol to make payments of benefits under social security schemes to staff members who are exempt under the provisions of this paragraph.

(4) The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the privileges and immunities referred to in sub-paragraphs (b), (d), (e), (f) and (g) of paragraph (1).

Article 8

Director General

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(1) In addition to the privileges and immunities provided for staff members under Article 7, the Director General shall enjoy:

(a) immunity from arrest and detention;

(b) immunity from civil and administrative jurisdiction and

execution enjoyed by diplomatic agents, except in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

(c) full immunity from criminal jurisdiction, except in the

case of a traffic offence caused by a motor vehicle or other means of transport belonging to, or driven by him, subject to sub-paragraph (a) above.

(2) The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the immunities referred to in this Article.

Article 9

Representatives of Parties

(1) Representatives of the Parties to the Protocol and representatives of the Headquarters Party shall enjoy, while exercising their official functions and in the course of their journeys to and from their place of meeting, the following privileges and immunities:

(a) immunity from any form of arrest or detention pending

trial;

(b) immunity from jurisdiction, even after the termination

of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be no immunity in the case of a traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

(c) inviolability for all their official papers;

(d) exemption, together with members of their families

forming part of their respective households, from immigration restrictions and alien registration;

(e) the same treatment in the matter of currency and

exchange control as is accorded to representatives of foreign governments on temporary official missions;

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(f) the same treatment in the matter of customs as regards

their personal luggage as is accorded to representatives of foreign governments on temporary official missions.

(2) The provisions of paragraph (1) shall not apply in relations between a Party to the Protocol and its representatives. Further, the provisions of paragraphs (a), (d), (e) and (f) of paragraph (1) shall not apply in relations between a Party to the Protocol and its nationals or permanent residents.

Article 10

Representatives of Signatories

(1) Representatives of Signatories and representatives of the Signatory of the Headquarters Party shall, while exercising their official functions in relation to the work of Inmarsat and in the course of their journeys to and from their place of meeting, enjoy the following privileges and immunities:

(a) immunity from jurisdiction, even after the termination

of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be no immunity in the case of a traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

(b) inviolability for all their official papers;

(c) exemption, together with members of their families

forming part of their respective households, from immigration restrictions and alien registration.

(2) The provisions of paragraph (1) shall not apply in relations between a Party to the Protocol and the representative of the Signatory designated by it. Further, the provisions of sub-paragraph (c) of paragraph (1) shall not apply in relations between a Party to the Protocol and its nationals or permanent residents.

Article 11

Experts

(1) Experts, while exercising their official functions in relation to the work of Inmarsat, and in the course of their journeys to and from the place of their missions, shall enjoy the following privileges and immunities:

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(a) immunity from jurisdiction, even after the termination

of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be no immunity in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

(b) inviolability for all their official papers;

(c) the same treatment in the matter of currency and

exchange control as is accorded to the staff members of intergovernmental organizations;

(d) exemption, together with members of their families

forming part of their respective households, from immigration restrictions and alien registration;

(e) the same facilities as regards their personal luggage as

are accorded to experts of other intergovernmental organizations.

(2) The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the privileges and immunities referred to in sub-paragraphs (c), (d), and (e) of paragraph (1).

Article 12

Notification of Staff Members and Experts

The Director General of Inmarsat shall at least once every year

notify the Parties to the Protocol of the names and nationalities of the staff members and experts to whom the provisions of Articles 7, 8 and 11 apply.

Article 13

Waiver

(1) The privileges, exemptions and immunities provided for in this Protocol are not granted for the personal benefit of individuals but for the efficient performance of their official functions.

(2) If, in the view of the authorities listed below, privileges and immunities are likely to impede the course of justice, and in all cases where they may be waived without prejudice to the purposes for which they have been accorded, these authorities have the right and duty to waive such privileges and immunities:

(a) the Parties to the Protocol in respect of their

representatives and representatives of their Signatories;

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(b) the Council in respect of the Director General of

Inmarsat;

(c) the Director General of Inmarsat in respect of staff

members and experts.

(d) the Assembly, convened if necessary in extraordinary

session, in respect of Inmarsat.

Article 14

Assistance to Individuals

The Parties to the Protocol shall take all appropriate measures to

facilitate entry, stay and departure of representatives, staff members and experts.

Article 15

Observance of Laws and Regulations

Inmarsat, and all persons enjoying privileges and immunities

under this Protocol, shall, without prejudice to the other provisions thereof, respect the laws and regulations of the Parties to the Protocol concerned and cooperate at all times with the competent authorities of those Parties in order to ensure the observance of their laws and regulations.

Article 16

Precautionary Measures

Each Party to the Protocol retains the right to take all

precautionary measures necessary in the interest of its security.

Article 17

Settlement of Disputes

Any dispute between Parties to the Protocol or between Inmarsat

and a Party to the Protocol concerning the interpretation or application of the Protocol shall be settled by negotiation or by some other agreed method. If the dispute is not settled within twelve (12) months, the parties concerned may, by common agreement, refer the dispute for decision to a tribunal of three arbitrators. One of these arbitrators shall

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be chosen by each of the parties to the dispute, and the third, who shall be the Chairman of the tribunal, shall be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third within two months of their own appointment, the third arbitrator shall be chosen by the President of the International Court of Justice. The tribunal shall adopt its own procedures and its decisions shall be final and binding on the parties to the dispute.

Article 18

Complementary Agreements

Inmarsat may conclude with any Party to the Protocol

complementary agreements to give effect to the provisions of this Protocol as regards such Party to the Protocol to ensure the efficient functioning of Inmarsat.

Article 19

Signature, Ratification and Accession

(1) This Protocol shall be open for signature at London from 1 December 1981 to 31 May 1982.

(2) All Parties to the Convention, other than the Headquarters Party, may become Parties to this Protocol by:

(a) signature not subject to ratification, acceptance or

approval; or

(b) signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval; or

(c) accession.

(3) Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.

(4) Reservations to this Protocol may be made in accordance with international law.

Article 20

Entry into Force and Duration of Protocol

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(1) This Protocol shall enter into force on the thirtieth day after the date on which ten Parties to the Convention have fulfilled the requirements of paragraph (2) of Article 19.

(2) This Protocol shall cease to be in force if the Convention ceases to be in force.

Article 21

Entry into Force and Duration for a State

(1) For a State which has fulfilled the requirements of paragraph (2) of Article 19 after the date of entry into force of this Protocol, the Protocol shall enter into force on the thirtieth day after the date of signature or of the deposit of such instrument with the Depositary respectively.

(2) Any Party to the Protocol may denounce this Protocol by giving written notice to the Depositary. The denunciation shall become effective twelve (12) months after the date of receipt of the notice by the Depositary or such longer period as may be specified in the notice.

(3) A Party to the Protocol shall cease to be a Party to the Protocol on the date that it ceases to be a Party to the Convention.

Article 22

Depositary

(1) The Director General of Inmarsat shall be the Depositary of this Protocol.

(2) The Depositary shall, in particular, promptly notify all Parties to the Convention of:

(a) any signature of the Protocol;

(b) the deposit of any instrument of ratification, acceptance,

approval or accession;

(c) the date of entry into force of this Protocol;

(d) the date when a State has ceased to be a Party to this

Protocol;

(e) any other communications relating to this Protocol.

(3) Upon entry into force of this Protocol, the Depositary shall transmit a certified copy of the original to the Secretariat of the

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United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 23

Authentic Texts

This Protocol is established in a single original in the English,

French, Russian and Spanish languages, all the texts being equally authentic, and shall be deposited with the Director General of Inmarsat who shall send a certified copy to each Party to the Convention.

IN WITNESS WHEREOF the undersigned, duly authorized for that purpose by their respective Governments, have signed this Protocol.

DONE AT LONDON this first day of December one thousand nine hundred and eighty one.

[Signatures omitted]

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AMENDING AGREEMENT TO THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL

MOBILE SATELLITE ORGANIZATION

THE PARTIES TO THE PRESENT AGREEMENT:

BEING PARTIES to the Convention on the International Mobile Satellite Organization (formerly the International Maritime Satellite Organization (INMARSAT)), as amended, (“the Convention”);

ALSO BEING PARTIES to the Protocol on the Privileges and Immunities of the International Mobile Satellite Organization (Inmarsat), done at London on 1 December 1981 (“the Protocol”);

TAKING NOTE that the Inmarsat Assembly of Parties, at its Twelfth Session, adopted further amendments to the Convention for the restructuring of the Organization, including amendments to Article 26(4) thereof pursuant to which the Protocol was concluded;

CONSIDERING that it is desirable to amend the Protocol for consistency with the amended Convention;

HAVE AGREED TO AMEND THE PROTOCOL AS FOLLOWS:

Article I

The title of the Protocol is replaced with the following :

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL MOBILE SATELLITE ORGANIZATION

Article II

The preambular paragraphs of the Protocol are replaced by the following text:

HAVING REGARD to the Convention on the International

Mobile Satellite Organization, opened for signature at London on

3 September 1976, as amended, and, in particular, to Article 9(6) of the amended Convention;

TAKING NOTE that the Organization will conclude a

Headquarters Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 15 April 1999.

CONSIDERING that the aim of this Protocol is to facilitate the

achievement of the purpose of the Organization and to ensure the efficient performance of its functions;

Article III

Article 1 - Use of Terms - is replaced by the following text:

Use of Terms

For the purposes of this Protocol:

(a) "Convention" means the Convention on the International Mobile Satellite Organization, including its Annex, opened for signature at London on 3 September 1976, as amended;

(b) "Party to the Convention" means a State for which the Convention is in force;

(c) “Organization” means the International Mobile Satellite Organization;

(d) "Headquarters Party" means the Party to the Convention in whose territory the Organization has established its headquarters;

(e) "Party to the Protocol" means a State for which this Protocol, or this Protocol as amended, as the case may be, is in force;

(f) "Staff member" means the Director and any person employed full time by the Organization and subject to its staff regulations;

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(g) "Representatives" in the case of Parties to the Protocol, and the Headquarters Party, means representatives to the Organization and in each case means heads of delegations, alternates and advisers;

(h) "Archives" includes all manuscripts, correspondence,

documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and computer programmes, belonging to or held by the Organization;

(i) "Official activities" of the Organization means activities carried out by the Organization in pursuance of its purpose as defined in the Convention and includes its administrative activities;

(j) "Expert" means a person other than a staff member appointed to carry out a specific task for or on behalf of the Organization and at its expense;

(k) "Property" means anything that can be the subject of a right of ownership, including contractual rights.

Article IV

Article 2 - Immunity of Inmarsat from Jurisdiction and Execution, is

replaced by the following text:

Immunity of the Organization from Jurisdiction and Execution

(1) Unless it has expressly waived immunity in a particular case, the Organization shall, within the scope of its official activities, have immunity from jurisdiction except in respect of:

(a) any commercial activities;

(b) a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to, or operated on behalf of, the Organization, or in respect of a traffic offence involving such means of transport;

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(c) the attachment, pursuant to the final order of a court of law, of the salaries and emoluments, including pension rights, owed by the Organization to a staff member, or a former staff member;

(d) a counter-claim directly connected with judicial

proceedings initiated by the Organization.

(2) Notwithstanding paragraph (1), no action shall be brought in the courts of Parties to the Protocol against the Organization by Parties to the Convention or persons acting for or deriving claims from any of them, relating to rights and obligations under the Convention.

(3) The property and assets of the Organization, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action, except in respect of:

(a ) an attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings that may be brought against the Organization pursuant to paragraph (1);

(b ) any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, the Organization;

(c ) expropriation in respect of real property for public

purposes and subject to prompt payment of fair compensation, provided that such expropriation shall not prejudice the functions and operations of the Organization.

Article V

Article 3 - Inviolability of Archives - is amended as follows:

The word “INMARSAT” is deleted and replaced by the words “the Organization”.

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Article VI

Article 4 - Exemption from Taxes and Duties - is amended as follows:

(1) The word “INMARSAT”, wherever appearing, is deleted and replaced by the words “the Organization”.

(2) Paragraphs (3) and (8) are deleted.

(3) The remaining paragraphs are re-numbered (1) to (6), respectively.

Article VII

Article 5 - Funds, Currency and Securities - is amended as follows:

The word “INMARSAT” is deleted and replaced by the words “the Organization”.

Article VIII

Article 6 - Official Communications and Publications - is amended as

follows:

The word “INMARSAT”, wherever appearing, is deleted and replaced by the words “the Organization”.

Article IX

Article 7 - Staff Members - is amended as follows:

(1) In paragraphs (1) and (2), the word “INMARSAT”, wherever appearing, is deleted and replaced by the words “the Organization”.

(2) Paragraph (3) is deleted and replaced by the following text:

(3) Provided that staff members are covered by the Organization’s social security scheme, the Organization and its staff members shall be exempt from all compulsory contributions to national social security schemes. This exemption does not preclude any voluntary participation in a national social security scheme in accordance with the law of the

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Party to the Protocol concerned; neither does it oblige a Party to the Protocol to make payments of benefits under social security schemes to staff members who are exempt under the provisions of this paragraph.

Article X

Article 8 - Director General - is amended as follows:

The words “Director General”, wherever appearing, are deleted and replaced by the word “Director”.

Article XI

Article 10 - Representatives of Signatories - is deleted

Article XII

Articles 11 to 23 are re-numbered as Articles 10 to 22, respectively.

Article XIII

Article 10 - Experts -, as renumbered, is amended as follows:

The word “INMARSAT” is deleted and replaced by the words “the Organization”.

Article XIV

Article 11 - Notification of Staff Members and Experts - , as renumbered,

is amended as follows:

The words “The Director General of INMARSAT” are deleted and replaced by the words “The Director of the Organization”.

Article XV

Article 12 - Waiver - , as renumbered, is replaced by the following text:

Waiver

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(1) The privileges, exemptions and immunities provided for in this Protocol are not granted for the personal benefit of individuals but for the efficient performance of their official functions.

(2) If, in the view of the authorities listed below, privileges and immunities are likely to impede the course of justice, and in all cases where they may be waived without prejudice to the purposes for which they have been accorded, these authorities have the right and duty to waive such privileges and immunities:

(a) the Parties to the Protocol in respect of their

representatives;

(b) the Assembly, convened if necessary in extraordinary session, in respect of the Organization or of the Director of the Organization;

(c) the Director of the Organization in respect of staff members and experts.

Article XVI

Article 14 - Observance of Laws and Regulations -, as re-numbered, is

amended as follows:

The word “INMARSAT” is deleted and replaced by the words “the Organization”.

Article XVII

Article 16 - Settlement of Disputes -, as renumbered, is amended as

follows:

The word “INMARSAT” is deleted and replaced by the words “the Organization”.

Article XVIII

Article 17 - Complementary Agreements - , as renumbered, is amended

as follows:

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The word “INMARSAT”, wherever appearing, is deleted and replaced by the words “the Organization”.

Article XIX

Article 19 - Entry Into Force and Duration of Protocol - , as renumbered,

is amended as follows:

In paragraph (1), the words "Article 19" are deleted and replaced by the words "Article 18".

Article XX

Article 20 - Entry Into Force and Duration For a State - , as renumbered,

is amended as follows:

In paragraph (1), the words "Article 19" are deleted and replaced by the words "Article 18".

Article XXI

Article 21 - Depositary - , as renumbered, is amended as follows:

In paragraph (1), the words “The Director General of INMARSAT” are deleted and replaced by the words “The Director of the Organization”.

Article XXII

Authentic Texts

The words “the Director General of INMARSAT” are deleted and replaced by the words “the Director of the Organization”.

FINAL CLAUSES

Article XXIII

Signature, Ratification and Accession of Amending Agreement

(1) This Amending Agreement shall be open for signature at the Headquarters of the Organization from 15 April 1999 to 31 December 1999.

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(2) All Parties to the Convention, other than the Headquarters Party, may become Parties to this Amending Agreement by:

(a) signature not subject to ratification, acceptance or

approval; or

(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c) accession.

(3) Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.

(4) A State which is a Party to this Amending Agreement but is not a Party to the Protocol shall be bound by the provisions of the Protocol as amended by this Amending Agreement in relation to other Parties hereto, but shall not be bound by the provisions of the Protocol in relation to States Parties only to the Protocol.

(5) Reservations to this Amending Agreement may be made in accordance with international law.

Article XXIV

Entry into Force of Amending Agreement

This Amending Agreement shall enter into force on the thirtieth day after the date on which two Parties to the Convention have fulfilled the requirements of paragraph (2) of Article XXIII.

Article XXV

Entry into Force for a State

(1) For a State which has fulfilled the requirements of paragraph (2) of Article XXIII after the date of entry into force of this Amending Agreement, this Amending Agreement shall enter into force on the thirtieth day after the date of signature or of the deposit of such instrument with the Depositary respectively.

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(2) Any State which becomes a Party to the Protocol after the entry into force of this Amending Agreement pursuant to Article XXIV shall, failing an expression of a different intention by that State:

(a) be considered as a Party to the Protocol as amended; and

(b) be considered as a Party to the unamended Protocol in relation to

any Party to the Protocol not bound by this Amending Agreement.

Article XXVI

Depositary

(1) The Director of the Organization shall be the Depositary of this Amending Agreement.

(2) The Depositary shall, in particular, promptly notify all Parties to the Convention of:

(a) any signature of the Amending Agreement;

(b) the deposit of any instrument of ratification, acceptance,

approval or accession;

(c) the date of entry into force of this Amending Agreement;

(d) any other communications relating to this Amending

Agreement .

(3) Upon entry into force of this Amending Agreement, the Depositary shall transmit a certified copy of the original to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article XXVII

Authentic Texts

This Amending Agreement is established in a single original in

the English, French, Russian and Spanish languages, all the texts being equally authentic, and shall be deposited with the Director of the

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Organization who shall send a certified copy to each Party to the Convention.

IN WITNESS WHEREOF the undersigned, duly authorized for

that purpose by their respective Governments, have signed this Amending Agreement.

DONE AT LONDON this 25th day of September one thousand

nine hundred and ninety eight.

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Protocol on privileges and immunities of the European Telecommunications Satellite Organization (EUTELSAT)

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Amending agreement to the protocol on the privileges and immunities of the European Telecommunications Satellite

Organization (EUTELSAT)

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Utrikesdepartementet

Utdrag ur protokoll vid regeringssammanträde den 11 december 2003

Närvarande: statsministern Persson, ordförande och statsråden Ulvskog, Freivalds, Sahlin, Pagrotsky, Östros, Messing, Engqvist, Lövdén, Ringholm, Bodström, Karlsson, Lund, Nykvist, Andnor, Nuder, Johansson, Hallengren, Björklund och Holmberg.

Föredragande: statsrådet Holmberg

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Regeringen beslutar proposition 2003/04:29 Internationella konventioner på telekommunikationsområdet om katastrofberedskap m.m.