INTERNATIONAL AGREEMENT ON THE USE OF INMARSAT SHIP EARTH STATIONSWITHIN THE TERRITORIAL SEA AND PORTS
INTERNATIONAL AGREEMENT ON THE USE OF INMARSAT SHIP EARTH STATIONSWITHIN THE TERRITORIAL SEA AND PORTS
Whole document
Preamble
The States Parties (hereinafter referred to as "Parties") to this
Agreement,
Desiring to achieve the objectives envisaged in Recommendation 3 of
the International Conference on the Establishment of an International
Maritime Satellite System, 1975-1976, and
Have decided to improve the distress and safety of life at sea
communications, and the efficiency and management of ships,
Having agreed as follows:
Article 1
(1) Pursuant to the provisions set forth in this Agreement and in
accordance with navigational rights established under international law,
Parties shall permit in their territorial seas and ports the operation of
approved ship earth stations appertaining to the maritime space
communication system provided by the International Maritime Satellite
Organization (INMARSAT) and properly installed aboard ships flying the
flag of any other Party (hereinafter referred to as "INMARSAT Ship Earth
Stations").
(2) Such permission shall at all times be restricted to the use of
maritime mobile-satellite frequencies by the INMARSAT Ship Earth Station
and shall be subject to compliance by the INMARSAT Ship Earth Station with
the applicable Radio Regulations of the International Telecommunication
Union and the conditions set forth in Article 2 of this Agreement.
Article 2
(1) The operation of INMARSAT Ship Earth Stations shall be subject to
the following conditions:
(a) it shall not be prejudicial to the peace, good order and
security of the Coastal State;
(b) it shall not cause harmful interference to other radio
services operating within the boundaries of the Coastal State's territory;
(c) it shall give priority to distress and safety transmissions in
accordance with relevant international conventions and, in particular, the
Radio Regulations of the International Telecommunication Union;
(d) safeguard measures shall be taken, subject to relevant safety
regulations, during the operation of INMARSAT Ship Earth Stations in an
area containing the presence of explosive gases, in particular during
operations relating to oil and other inflammable substances;
(e) INMARSAT Ship Earth Stations shall be subject to inspection by
the authorities of the Coastal State at the latter's request, without
prejudice to the navigational rights established under international law.
(2) In this Agreement, "Coastal State" means the State in whose
territorial sea and ports the INMARSAT Ship Earth Station, subject to the
provisions of this Agreement, is operating.
Article 3
Parties may, without prejudice to navigational rights established
under international law, restrict, suspend or prohibit the operation of
INMARSAT Ship Earth Stations in ports and areas of territorial sea
specified by them. Without prejudice to the entry into force of such
restriction, suspension or prohibition, as determined by the Party, it
shall be notified to the Depositary of this Agreement as soon as possible.
Article 4
Without prejudice to distress and safety communications, the
permission referred to in paragraph (1) of Article 1 of this Agreement may
be limited to the rights which the flag State grants under paragraph (1)
of Article 1 within its territorial sea and ports to the ships of the
Coastal State concerned.
Article 5
Nothing in the present Agreement shall be construed as preventing the
granting of any wider facilities by a Party in respect of the operation of
INMARSAT Ship Earth Stations.
Article 6
This Agreement shall not apply to warships and other government ships
operated for non-commercial purposes.
Article 7
(1) Any State may become Party to this Agreement by:
(a) signature; or
(b) signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval; or
(c) accession or adhesion.
(2) This Agreement shall remain open for signature in London from 1
January 1986 until it enters into force and shall thereafter remain open
for accession or adhesion.
Article 8
(1) This Agreement shall enter into force thirty (30) days after the
date on which twenty-five (25) States have become Parties.
(2) For a State whose instrument of ratification, acceptance,
approval, accession or adhesion is deposited after the date on which this
Agreement enters into force, this Agreement shall enter into force on the
date of such deposit.
Article 9
A Party may withdraw from this Agreement at any time by notification
to the Depositary. Such withdrawal shall take effect ninety (90) days
after the date of receipt by the Depositary of the Party's written
notification to withdraw.
Article 10
(1) The Director General of INMARSAT shall be the Depositary of this
Agreement.
(2) The Depositary shall, in particular, promptly notify all Parties
to this Agreement of:
(a) any signature of this Agreement;
(b) the date of entry into force of this Agreement;
(c) any deposit of instruments of ratification, acceptance,
approval, accession or adhesion;
(d) the date on which a State has ceased to be a Party to this
Agreement;
(e) any other notifications and communications relating to this
Agreement.
(3) Upon entry into force of this Agreement, the Depositary shall
transmit a certified copy to the Secretary-General of the United Nations
for registration and publication in accordance with Article 102 of the
Charter of the United Nations. At the same time, the Depositary shall
transmit a certified copy of this Agreement to the International
Telecommunication Union and to the International Maritime Organization.
Article 11
This 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 Depositary, who shall send a
certified copy to Parties.
IN WITNESS WHEREOF the undersigned *, being duly authorized thereto by
their respective Governments, have signed this Agreement.
[* Signature Omitted.]
DONE AT LONDON on this sixteenth day of October of the year One
Thousand Nine Hundred and Eighty Five.
rticle 4
Without prejudice to distress and safety communications, the
permission referred to in paragraph (1) of Article 1 of this Agreement may
be limited to the rights which the flag State grants under paragraph (1)
of Article 1 within its territorial sea and ports to the ships of the
Coastal State concerned.
Article 5
Nothing in the present Agreement shall be construed as preventing the
granting of any wider facilities by a Party in respect of the operation of
INMARSAT Ship Earth Stations.
Article 6
This Agreement shall not apply to warships and other government ships
operated for non-commercial purposes.
Article 7
(1) Any State may become Party to this Agreement by:
(a) signature; or
(b) signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval; or
(c) accession or adhesion.
(2) This Agreement shall remain open for signature in London from 1
January 1986 until it enters into force and shall thereafter remain open
for accession or adhesion.
Article 8
(1) This Agreement shall enter into force thirty (30) days after the
date on which twenty-five (25) States have become Parties.
(2) For a State whose instrument of ratification, acceptance,
approval, accession or adhesion is deposited after the date on which this
Agreement enters into force, this Agreement shall enter into force on the
date of such deposit.
Article 9
A Party may withdraw from this Agreement at any time by notification
to the Depositary. Such withdrawal shall take effect ninety (90) days
after the date of receipt by the Depositary of the Party's written
notification to withdraw.
Article 10
(1) The Director General of INMARSAT shall be the Depositary of this
Agreement.
(2) The Depositary shall, in particular, promptly notify all Parties
to this Agreement of:
(a) any signature of this Agreement;
(b) the date of entry into force of this Agreement;
(c) any deposit of instruments of ratification, acceptance,
approval, accession or adhesion;
(d) the date on which a State has ceased to be a Party to this
Agreement;
(e) any other notifications and communications relating to this
Agreement.
(3) Upon entry into force of this Agreement, the Depositary shall
transmit a certified copy to the Secretary-General of the United Nations
for registration and publication in accordance with Article 102 of the
Charter of the United Nations. At the same time, the Depositary shall
transmit a certified copy of this Agreement to the International
Telecommunication Union and to the International Maritime Organization.
Article 11
This 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 Depositary, who shall send a
certified copy to Parties.
IN WITNESS WHEREOF the undersigned *, being duly authorized thereto by
their respective Governments, have signed this Agreement.
[* Signature Omitted.]
DONE AT LONDON on this sixteenth day of October of the year One
Thousand Nine Hundred and Eighty Five.
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