OPERATING AGREEMNT ON THE INTERNATIONAL MARITIME SATELLITE ORGANI-ZATION (INMARSAT)
OPERATING AGREEMNT ON THE INTERNATIONAL MARITIME SATELLITE ORGANI-ZATION (INMARSAT)
Whole document
THE SIGNATORIES TO THIS OPERATING AGREEMENT:
Considering that the States Parties to the Convention on the
International Maritime Satellite Organization (INMARSAT) have undertaken
therein to sign, or to designate a competent entity to sign, this
Operating Agreement,
AGREE AS FOLLOWS:
ARTICLE I Definitions
(1) For the purposes of this Agreement:
(a) "Convention" means the Convention on the International
Maritime Satellite Organization (INMARSAT) including its Annex.
(b) "Organization" means the International Maritime Satellite
Organization (INMARSAT) established by the Convention.
(c) "Amortization" includes depreciation; it does not include
compensation for use of capital.
(2) The definitions in Article 1 of the Convention shall apply to this
Agreement.
ARTICLE II Rights and Obligations of Signatories
(1) Each Signatory acquires the rights provided for Signatories in the
Convention and this Agreement and undertakes to fulfil the obligations
placed upon it by these two instruments.
(2) Each Signatory shall act consistently with all provisions of the
Convention and this Agreement.
ARTICLE III Capital Contributions
(1) In proportion to its investment share, each Signatory shall make
contributions to the capital requirements of the Organization and shall
receive capital repayment and compensation for use of capital, as
determined by the Council in accordance with the Convention and this
Agreement.
(2) Capital requirements shall include:
(a) All direct and indirect costs of the design, development,
acquisition, construction and establishment of the INMARSAT space segment,
of the acquisition of contractual rights by means of lease, and of other
property of the Organization.
(b) Funds required for operating, maintenance and administrative
costs of the Organization pending availability of revenues to meet such
costs, and pursuant to Article VIII (3).
(c) Payments by Signatories pursuant to Article XI.
(3) Interest at a rate to be determined by the Council shall be added
to any amount unpaid after the scheduled date for payment determined by
the Council.
(4) If, during the period up to the first determination of investment
shares on the basis of utilization pursuant to Article V, the total amount
of capital contributions which Signatories are required to pay in any
financial year exceeds 50 per cent of the capital ceiling established by
or pursuant to Article IV, the Council shall consider the adoption of
other arrangements including temporary debt financing, to permit those
Signatories which so desire to pay the additional contributions in
subsequent years by instalments. The Council shall determine the rate of
interest to apply in such cases, reflecting the additional costs to the
Organization.
ARTICLE IV Capital Ceiling
The sum of the net capital contributions of Signatories and of the
outstanding contractual capital commitments of the Organization shall be
subject to a ceiling. This sum shall consist of the cumulative capital
contributions made by Signatories pursuant to Article III, less the
cumulative capital repaid to them pursuant to this Agreement, plus the
outstanding amount of contractual capital commitments of the Organization.
The initial capital ceiling shall be 200 million US dollars. The Council
shall have authority to adjust the capital ceiling.
ARTICLE V Investment Shares
(1) Investment shares of Signatories shall be determined on the basis
of utilization of the INMARSAT space segment. Each Signatory shall have an
investment share equal to its percentage of all utilization of the
INMARSAT space segment by all Signatories. Utilization of the INMARSAT
space segment shall be measured in terms of the charges levied by the
Organization for use of the INMARSAT space segment pursuant to Article 19
of the Convention and Article VIII of this Agreement.
(2) For the purpose of determining investment shares, utilization in
both directions shall be divided into two equal parts, a ship part and a
land part. The part associated with the ship where the traffic originates
or terminates shall be attributed to the Signatory of the Party under
whose authority the ship is operating. The part associated with the land
territory where the traffic originates or terminates shall be attributed
to the Signatory of the Party in whose territory the traffic originates or
terminates. However, where, for any Signatory, the ratio of the ship part
to the land part exceeds 20:1, that Signatory shall, upon application to
the Council, be attributed a utilization equivalent to twice the land
part or an investment, share of 0.1 per cent, whichever is higher.
Structures operating in the marine environment, for which access to the
INMARSAT space segment has been permitted by the Council, shall be
considered as ships for the purpose of this paragraph.
(3) Prior to determination of investment shares on the basis of
utilization pursuant to paragraphs (1), (2) and (4), the investment share
of each Signatory shall be established in accordance with the Annex to
this Agreement.
(4) The first determination of investment shares based on utilization
pursuant to paragraphs (1) and (2) shall be made not less than two nor
more than three years from the commencement of operational use of the
INMARSAT space segment in the Atlantic, Pacific and Indian Ocean areas,
the specific date of determination to be decided by the Council. For the
purposes of this first determination, utilization shall be measured over
the one year period prior to such determination.
(5) Subsequent to the first determination on the basis of utilization,
investment shares shall be redetermined to be effective:
(a) Upon one-year intervals after the first determination of
investment shares on the basis of utilization, based on the utilization of
all signatories during the previous year.
(b) Upon the date of entry into force of this Agreement for a new
Signatory.
(c) Upon the effective date of withdrawal or termination of
membership of a Signatory.
(6) The investment share of a Signatory which becomes a Signatory
after the first determination of investment shares on the basis of
utilization, shall be determined by the Council.
(7) To the extent that an investment share is determined pursuant to
paragraph (5) (b) or (c) or paragraph (8), the investment shares of all
other Signatories shall be adjusted in the proportion that their
respective investment shares held prior to this adjustment, bear to each
other. On the withdrawal or termination of membership of a Signatory,
investment shares of 0.05 per cent determined in accordance with paragraph
(8) shall not be increased.
(8) Notwithstanding any provisions of this Article, no Signatory shall
have an investment share of less than 0.05 per cent of the total
investment shares.
(9) In any new determination of investment shares the share of any
Signatory shall not be increased in one step by more than 50 per cent of
its initial share, or decreased by more than 50 per cent of its current
share.
(10) Any unallocated investment shares, after application of
paragraphs (2) and (9) shall be made available and apportioned by the
Council among Signatories wishing to increase their investment shares.
Such additional allocation shall not increase any share by more than 50
per cent of a Signatory's current investment share.
(11) Any residual unallocated investment shares, after application of
paragraph (10), shall be distributed among the Signatories in proportion
to the investment shares which would otherwise have applied after any new
determination, subject to paragraphs (8) and (9).
(12) Upon application from a Signatory, the Council may allocate to it
an investment share reduced from its share determined pursuant to
paragraphs (1) to (7) and (9) to (11), if the reduction is entirely taken
up by the voluntary acceptance by other Signatories of increased
investment shares. The Council shall adopt procedures for the equitable
distribution of the released share of shares among Signatories wishing to
increase their shares.
ARTICLE VI Financial Adjustments between Signatories
(1) At each determination of investment shares after the initial
determination upon entry into force of this Agreement, financial
adjustments between Signatories shall be carried out through the
Organization on the basis of a valuation effected pursuant to paragraph
(2). The amounts of these financial adjustments shall be determined with
respect to each Signatory by applying to the valuation the difference, if
any, between the new investment share of each Signatory and its investment
share prior to the determination.
(2) The valuation shall be effected as follows:
(a) Deduct from the original acquisition cost of all property as
recorded in the Organization's accounts as at the date of the adjustment,
including all capitalized return and capitalized expenses, the sum of:
(i) The accumulated amortization as recorded in the
Organization's accounts as at the date of adjustment.
(ii) Loans and other accounts payable by the Organization as
at the date of adjustment.
(b) Adjust the results obtained pursuant to sub-paragraph (a) by
adding or deducting a further amount representing any deficiency or
excess, respectively, in the payment by the Organization of compensation
for use of capital from the entry into force of this Agreement to the
effective date of valuation relative to the cumulative amount due pursuant
to this Agreement at the rate or rates of compensation for use of capital
in effect during the periods in which the relevant rates were applicable,
as established by the Council pursuant to Article VIII. For the purpose of
assessing the amount representing any deficiency or excess in payment,
compensation due shall be calculated on a monthly basis and relate to the
net amount of the elements described in sub-paragraph (a).
(3) Payments due from and to Signatories pursuant to this Article
shall be effected by a date decided by the Council. Interest at a rate to
be determined by the Council shall be added to any amount unpaid after
that date.
ARTICLE VII Payment of Utilization Charges
(1) Utilization charges established pursuant to Article 19 of the
Convention shall be payable by Signatories or authorized
telecommunications entities in accordance with arrangements adopted by the
Council. These arrangements shall follow as closely as practicable
recognized international telecommunications accounting procedures.
(2) Unless otherwise decided by the Council, Signatories and
authorized telecommunications entities shall be responsible for the
provision of information to the Organization to enable the Organization to
determine all utilization of the INMARSAT space segment and to determine
investment shares. The Council shall adopt procedures for submission of
the information to the Organization.
(3) The Council shall institute any appropriate sanctions in cases
where payments of utilization charges have been in default for four months
or longer after the due date.
(4) Interest at a rate to be determined by the Council shall be added
to any amount unpaid after the scheduled date for payment determined by
the Council.
ARTICLE VIII Revenues
(1) The revenues earned by the Organization shall normally be applied,
to the extent that such revenues allow, in the following order of
priority, unless the Council decides otherwise:
(a) To meet operating, maintenance and administrative costs.
(b) To provide such operating funds as the Council may determine
to be necessary.
(c) To pay to Signatories, in proportion to their respective
investment shares, sums representing a repayment of capital in the amount
of the provisions for amortization established by the Council and recorded
in the accounts of the Organization.
(d) To pay to a Signatory which has withdrawn from the
Organization or whose membership has been terminated, such sums as may be
due to it pursuant to Article XIII.
(e) To pay to Signatories, cumulatively in proportion to their
respective investment shares, the available balance towards compensation
for use of capital.
(2) In the determination of the rate of compensation for the use of
capital of Signatories, the Council shall include an allowance for the
risks associated with investment in INMARSAT and, taking into account such
allowance, shall fix the rate as close as possible to the cost of money in
the world markets.
(3) To the extent that the revenues earned by the Organization are
insufficient to meet operating, maintenance and administrative costs of
the Organization, the Council may decide to meet the deficiency by using
operating funds of the Organization, by overdraft arrangements, by
raising a loan, by requiring Signatories to make capital contributions in
proportion to their respective current investment shares or by any
combination of such measures.
ARTICLE IX Settlement of Accounts
(1) Settlement of accounts between Signatories and the Organization in
respect of financial transactions pursuant to Articles III, VI, VII and
VIII shall be arranged in such a manner that funds transferred between
Signatories and the Organization, as well as funds at the Organization's
disposal in excess of the operating funds determined by the Council to be
necessary, shall be kept at the lowest practicable level.
(2) All payments between the Signatories and the Organization pursuant
to this Agreement shall be effected in any freely convertible currency
acceptable to the creditor.
ARTICLE X Debt Financing
(1) The Organization may, upon decision by the Council, enter into
overdraft arrangements for the purpose of meeting financial deficiencies
pending receipt of adequate revenues of capital contributions.
(2) In exceptional circumstances the Organization may raise loans upon
decision by the Council for the purpose of financing any activity
undertaken by the Organization in accordance with Article 3 of the
Convention or for meeting any liability incurred by it. The outstanding
amounts of such loans shall be considered as contractual capital
commitments for the purpose of Article IV.
ARTICLE XI Liability
(1) If the Organization is required by a binding decision rendered by
a competent tribunal or as a result of a settlement agreed to or concurred
in by the Council, to pay any claim, including any costs or expenses
associated therewith, which arises out of any act or obligation of the
Organization carried out or incurred in pursuance of the Convention or
this Agreement, the Signatories shall, to the extent that the claim is not
satisfied by indemnification, insurance or other financial arrangements,
pay to the Organization the amount unsatisfied on the claim in proportion
to their respective investment shares as at the date when the liability
arose, notwithstanding any ceiling established by or pursuant to Article
IV.
(2) If a Signatory, in its capacity as such, is required by a binding
decision rendered by a competent tribunal or as a result of a settlement
agreed to or concurred in by the Council, to pay any claim, including any
costs or expenses associated therewith, which arises out of any act or
obligation of the Organization carried out or incurred in pursuance of the
Convention or this Agreement, the Organization shall reimburse the
Signatory to the extent the Signatory has paid the claim.
(3) If such a claim is asserted against a Signatory, that Signatory,
as a condition of payment by the Organization, shall without delay notify
the Organization of the claim, and shall afford it the opportunity to
advise on or to conduct the defence or other disposition of the claim and,
to the extent permitted by the law of the jurisdiction in which the claim
is brought, to become a party to the proceeding either with the Signatory
or in substitution for it.
(4) If the Organization is required to reimburse a Signatory under
this Article, the Signatories shall, to the extent that the reimbursement
is not satisfied by indemnification, insurance or other financial
arrangements, pay to the Organization the unsatisfied amount of the
claimed reimbursement in proportion to their respective investment shares
as at the date when the liability arose, notwithstanding any ceiling
established by or pursuant to Article IV.
ARTICLE XII Exoneration from Liability arising from the Provisionof Telecommunications Services
Neither the Organization, nor any Signatory in its capacity as such,
nor any officer or employee of any of them, nor any member of the board of
directors of any Signatory, nor any representative to any organ of the
Organization acting in the performance of their functions, shall be liable
to any Signatory or to the Organization for loss or damage sustained by
reason of any unavailability, delay or faultiness of telecommunications
services provided or to be provided pursuant to the Convention or this
Agreement.
ARTICLE XIII Settlement upon Withdrawal or Termination
(1) Within three months after the effective date of withdrawal or
termination of the membership of a Signatory pursuant to Articles 29 or 30
of the Convention, the Council shall notify the Signatory of the
evaluation by the Council of its financial status in relation to the
Organization as at the effective date of its withdrawal or termination and
of the proposed terms of settlement pursuant to paragraph (3). The
notification shall include a statement of:
(a) The amount payable by the Organization to the Signatory
calculated by multiplying its investment share, as at the effective date
of withdrawal or termination, by the amount established from a valuation
effected pursuant to Article VI as at that date.
(b) Any amount to be paid by the Signatory to the Organization
representing its share of capital contributions for contractual
commitments specifically authorized prior to the receipt of notice of
decision to withdraw or, as the case may be, prior to the effective date
of termination, together with the proposed schedule for payment.
(c) Any other amounts due from the Signatory to the Organization
as at the effective date of withdrawal of termination.
(2) In its evaluation pursuant to paragraph (1), the Council may
decide to relieve the Signatory in whole or in part of its responsibility
for contributing its share of the capital contributions for contractual
commitments specifically authorized and liabilities arising from acts or
omissions prior to the receipt of notice of decision to withdraw or, as
the case may be, the effective date of termination.
(3) Subject to payment by the Signatory of any amounts due from it
under sub-paragraphs (1) (b) and (c), the Organization, taking into
account Article VIII, shall repay to the Signatory the amounts referred to
in sub-paragraphs (1) (a) and (b) over a period consistent with the period
over which the remaining Signatories will be repaid their contributions,
or sooner if the Council so decides. The Council shall determine the rate
of interest to be paid to or by the Signatory in respect of any amounts
which may, from time to time, be outstanding for settlement.
(4) Unless the Council decides otherwise, a settlement pursuant to
this Article shall not relieve the Signatory of its obligation to
contribute its share of the non-contractual liabilities arising from acts
or omissions of the Organization prior to the date of receipt of notice of
decision to withdraw, or, as the case may be, prior to the effective date
of termination.
(5) The Signatory shall not lose any rights acquired by it, in its
capacity as such, which would otherwise continue after the effective date
of withdrawal or termination, and for which it has not been compensated by
the settlement pursuant to this Article.
ARTICLE XIV Earth Station Approval
(1) In order to utilize the INMARSAT space segment, all earth stations
shall require approval by the Organization in accordance with criteria and
procedures established by the Council pursuant to Article 15 (c) of the
Convention.
(2) Any application for such approval shall be submitted to the
Organization by the Signatory of the Party in whose territory the earth
station on land is or will be located, or by the Party or the Signatory of
the Party under whose authority the earth station on a ship or on a
structure operating in the marine environment is licensed or, with respect
to earth stations located in a territory or on a ship or on a structure
operating in the marine environment not under the jurisdiction of a Party,
by an authorized telecommunications entity.
(3) Each applicant referred to in paragraph (2) shall, with respect to
earth stations for which it has submitted an application, be responsible
to the Organization for compliance of such stations with the procedures
and standards specified by the Organization, unless, in the case of a
Signatory which has submitted an application, its designating Party
assumes this responsibility.
ARTICLE XV Utilization of the INMARSAT Space Segment
(1) Any application for utilization of the INMARSAT space segment
shall be submitted to the Organization by a Signatory or, in the case of a
territory not under the jurisdiction of a Party, by an authorized
telecommunications entity.
(2) Utilization shall be authorized by the Organization in accordance
with criteria and procedures established by the Council pursuant to
Article 15 (c) of the Convention.
(3) Each Signatory or authorized telecommunications entity for which
utilization of the INMARSAT space segment has been authorized shall be
responsible for compliance with all conditions established by the
Organization with respect to such utilization unless, in the case of a
Signatory which has submitted an application, its designating Party
assumes the responsibility for authorizations made with respect to all or
some of the earth stations not owned or operated by that Signatory.
ARTICLE XVI Settlement of Disputes
(1) Disputes arising between Signatories, or between Signatories and
the Organization, relating to rights and obligations under the Convention
or this Agreement, should be settled by negotiation between the parties to
the dispute. If within one year of the time any party to the dispute has
requested settlement a settlement has not been reached, and if a
particular procedure for settling disputes has not been agreed between the
parties to the dispute, the dispute shall be submitted to arbitration in
accordance with the Annex to the Convention at the request of any party to
the dispute.
(2) Unless otherwise mutually agreed, disputes arising between the
Organization and one or more Signatories under agreements concluded
between them shall be submitted to arbitration in accordance with the
Annex to the Convention at the request of one of the parties to the
dispute within a period of one year from the time that settlement was
requested by any party to the dispute.
(3) A Signatory which ceases to be a Signatory shall remain bound by
this Article in respect of disputes relating to rights and obligations
arising from its having been a Signatory of this Agreement.
ARTICLE XVII Entry into Force
(1) This Agreement shall enter into force for a Signatory on the date
on which the Convention enters into force for the respective Party in
accordance with Article 33 of the Convention.
(2) This Agreement shall continue in force for as long as the
Convention is in force.
ARTICLE XVIII Amendments
(1) Amendments to this Agreement may be proposed by an Party or
Signatory. Proposed amendments shall be submitted to the Directorate,
which shall inform the other Parties and Signatories. Three months' notice
is required before consideration of an amendment by the Council. During
this period the Directorate shall solicit and circulate the views of all
Signatories. The Council shall consider amendments within six months from
circulation. The Assembly shall consider the amendment not earlier than
six months after the approval by the Council. This period may in any
particular case be reduced by the Assembly by a substantive decision.
(2) If confirmed by the Assembly after approval by the Council the
amendment shall enter into force one hundred and twenty days after the
Depositary has received notice of its approval by two-thirds of those
Signatories which at the time of confirmation by the Assembly were
Signatories and then held at least two-thirds of the total investment
shares. Notification of approval of an amendment shall be transmitted to
the Depositary only by the Party concerned and the transmission shall
signify the acceptance by the Party of the amendment. Upon entry into
force, the amendment shall become binding upon all Signatories, including
those which have not accepted it.
ARTICLE XIX Depositary
(1) The Depositary of this Agreement shall be the Secretary-General of
the Inter-Governmental Maritime Consultative Organization.
(2) The Depositary shall promptly inform all signatory and acceding
States and all Signatories of:
(a) Any signature of this Agreement.
(b) The entry into force of this Agreement.
(c) The adoption of any amendment to this Agreement and its entry
into force.
(d) Any notification of withdrawal.
(e) Any suspension or termination.
(f) 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 Secretariat of the United Nations for
registration and publication in accordance with Article 102 of the Charter
of the United Nations.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this
Agreement.*
[* Signatures omitted.]
DONE AT LONDON this third day of September one thousand nine hundred
and seventy-six in the English, French, Russian and Spanish languages, all
the texts being equally authentic, in a single original which shall be
deposited with the Depositary, who shall send a certified copy to the
Government of each of the States which were invited to attend the
International Conference on the Establishment of an International Maritime
Satellite System, to the Government of any other State which signs or
accedes to the Convention and to each Signatory.
pective current investment shares or by any
combination of such measures.
ARTICLE IX Settlement of Accounts
(1) Settlement of accounts between Signatories and the Organization in
respect of financial transactions pursuant to Articles III, VI, VII and
VIII shall be arranged in such a manner that funds transferred between
Signatories and the Organization, as well as funds at the Organization's
disposal in excess of the operating funds determined by the Council to be
necessary, shall be kept at the lowest practicable level.
(2) All payments between the Signatories and the Organization pursuant
to this Agreement shall be effected in any freely convertible currency
acceptable to the creditor.
ARTICLE X Debt Financing
(1) The Organization may, upon decision by the Council, enter into
overdraft arrangements for the purpose of meeting financial deficiencies
pending receipt of adequate revenues of capital contributions.
(2) In exceptional circumstances the Organization may raise loans upon
decision by the Council for the purpose of financing any activity
undertaken by the Organization in accordance with Article 3 of the
Convention or for meeting any liability incurred by it. The outstanding
amounts of such loans shall be considered as contractual capital
commitments for the purpose of Article IV.
ARTICLE XI Liability
(1) If the Organization is required by a binding decision rendered by
a competent tribunal or as a result of a settlement agreed to or concurred
in by the Council, to pay any claim, including any costs or expenses
associated therewith, which arises out of any act or obligation of the
Organization carried out or incurred in pursuance of the Convention or
this Agreement, the Signatories shall, to the extent that the claim is not
satisfied by indemnification, insurance or other financial arrangements,
pay to the Organization the amount unsatisfied on the claim in proportion
to their respective investment shares as at the date when the liability
arose, notwithstanding any ceiling established by or pursuant to Article
IV.
(2) If a Signatory, in its capacity as such, is required by a binding
decision rendered by a competent tribunal or as a result of a settlement
agreed to or concurred in by the Council, to pay any claim, including any
costs or expenses associated therewith, which arises out of any act or
obligation of the Organization carried out or incurred in pursuance of the
Convention or this Agreement, the Organization shall reimburse the
Signatory to the extent the Signatory has paid the claim.
(3) If such a claim is asserted against a Signatory, that Signatory,
as a condition of payment by the Organization, shall without delay notify
the Organization of the claim, and shall afford it the opportunity to
advise on or to conduct the defence or other disposition of the claim and,
to the extent permitted by the law of the jurisdiction in which the claim
is brought, to become a party to the proceeding either with the Signatory
or in substitution for it.
(4) If the Organization is required to reimburse a Signatory under
this Article, the Signatories shall, to the extent that the reimbursement
is not satisfied by indemnification, insurance or other financial
arrangements, pay to the Organization the unsatisfied amount of the
claimed reimbursement in proportion to their respective investment shares
as at the date when the liability arose, notwithstanding any ceiling
established by or pursuant to Article IV.
ARTICLE XII Exoneration from Liability arising from the Provisionof Telecommunications Services
Neither the Organization, nor any Signatory in its capacity as such,
nor any officer or employee of any of them, nor any member of the board of
directors of any Signatory, nor any representative to any organ of the
Organization acting in the performance of their functions, shall be liable
to any Signatory or to the Organization for loss or damage sustained by
reason of any unavailability, delay or faultiness of telecommunications
services provided or to be provided pursuant to the Convention or this
Agreement.
ARTICLE XIII Settlement upon Withdrawal or Termination
(1) Within three months after the effective date of withdrawal or
termination of the membership of a Signatory pursuant to Articles 29 or 30
of the Convention, the Council shall notify the Signatory of the
evaluation by the Council of its financial status in relation to the
Organization as at the effective date of its withdrawal or termination and
of the proposed terms of settlement pursuant to paragraph (3). The
notification shall include a statement of:
(a) The amount payable by the Organization to the Signatory
calculated by multiplying its investment share, as at the effective date
of withdrawal or termination, by the amount established from a valuation
effected pursuant to Article VI as at that date.
(b) Any amount to be paid by the Signatory to the Organization
representing its share of capital contributions for contractual
commitments specifically authorized prior to the receipt of notice of
decision to withdraw or, as the case may be, prior to the effective date
of termination, together with the proposed schedule for payment.
(c) Any other amounts due from the Signatory to the Organization
as at the effective date of withdrawal of termination.
(2) In its evaluation pursuant to paragraph (1), the Council may
decide to relieve the Signatory in whole or in part of its responsibility
for contributing its share of the capital contributions for contractual
commitments specifically authorized and liabilities arising from acts or
omissions prior to the receipt of notice of decision to withdraw or, as
the case may be, the effective date of termination.
(3) Subject to payment by the Signatory of any amounts due from it
under sub-paragraphs (1) (b) and (c), the Organization, taking into
account Article VIII, shall repay to the Signatory the amounts referred to
in sub-paragraphs (1) (a) and (b) over a period consistent with the period
over which the remaining Signatories will be repaid their contributions,
or sooner if the Council so decides. The Council shall determine the rate
of interest to be paid to or by the Signatory in respect of any amounts
which may, from time to time, be outstanding for settlement.
(4) Unless the Council decides otherwise, a settlement pursuant to
this Article shall not relieve the Signatory of its obligation to
contribute its share of the non-contractual liabilities arising from acts
or omissions of the Organization prior to the date of receipt of notice of
decision to withdraw, or, as the case may be, prior to the effective date
of termination.
(5) The Signatory shall not lose any rights acquired by it, in its
capacity as such, which would otherwise continue after the effective date
of withdrawal or termination, and for which it has not been compensated by
the settlement pursuant to this Article.
ARTICLE XIV Earth Station Approval
(1) In order to utilize the INMARSAT space segment, all earth stations
shall require approval by the Organization in accordance with criteria and
procedures established by the Council pursuant to Article 15 (c) of the
Convention.
(2) Any application for such approval shall be submitted to the
Organization by the Signatory of the Party in whose territory the earth
station on land is or will be located, or by the Party or the Signatory of
the Party under whose authority the earth station on a ship or on a
structure operating in the marine environment is licensed or, with respect
to earth stations located in a territory or on a ship or on a structure
operating in the marine environment not under the jurisdiction of a Party,
by an authorized telecommunications entity.
(3) Each applicant referred to in paragraph (2) shall, with respect to
earth stations for which it has submitted an application, be responsible
to the Organization for compliance of such stations with the procedures
and standards specified by the Organization, unless, in the case of a
Signatory which has submitted an application, its designating Party
assumes this responsibility.
ARTICLE XV Utilization of the INMARSAT Space Segment
(1) Any application for utilization of the INMARSAT space segment
shall be submitted to the Organization by a Signatory or, in the case of a
territory not under the jurisdiction of a Party, by an authorized
telecommunications entity.
(2) Utilization shall be authorized by the Organization in accordance
with criteria and procedures established by the Council pursuant to
Article 15 (c) of the Convention.
(3) Each Signatory or authorized telecommunications entity for which
utilization of the INMARSAT space segment has been authorized shall be
responsible for compliance with all conditions established by the
Organization with respect to such utilization unless, in the case of a
Signatory which has submitted an application, its designating Party
assumes the responsibility for authorizations made with respect to all or
some of the earth stations not owned or operated by that Signatory.
ARTICLE XVI Settlement of Disputes
(1) Disputes arising between Signatories, or between Signatories and
the Organization, relating to rights and obligations under the Convention
or this Agreement, should be settled by negotiation between the parties to
the dispute. If within one year of the time any party to the dispute has
requested settlement a settlement has not been reached, and if a
particular procedure for settling disputes has not been agreed between the
parties to the dispute, the dispute shall be submitted to arbitration in
accordance with the Annex to the Convention at the request of any party to
the dispute.
(2) Unless otherwise mutually agreed, disputes arising between the
Organization and one or more Signatories under agreements concluded
between them shall be submitted to arbitration in accordance with the
Annex to the Convention at the request of one of the parties to the
dispute within a period of one year from the time that settlement was
requested by any party to the dispute.
(3) A Signatory which ceases to be a Signatory shall remain bound by
this Article in respect of disputes relating to rights and obligations
arising from its having been a Signatory of this Agreement.
ARTICLE XVII Entry into Force
(1) This Agreement shall enter into force for a Signatory on the date
on which the Convention enters into force for the respective Party in
accordance with Article 33 of the Convention.
(2) This Agreement shall continue in force for as long as the
Convention is in force.
ARTICLE XVIII Amendments
(1) Amendments to this Agreement may be proposed by an Party or
Signatory. Proposed amendments shall be submitted to the Directorate,
which shall inform the other Parties and Signatories. Three months' notice
is required before consideration of an amendment by the Council. During
this period the Directorate shall solicit and circulate the views of all
Signatories. The Council shall consider amendments within six months from
circulation. The Assembly shall consider the amendment not earlier than
six months after the approval by the Council. This period may in any
particular case be reduced by the Assembly by a substantive decision.
(2) If confirmed by the Assembly after approval by the Council the
amendment shall enter into force one hundred and twenty days after the
Depositary has received notice of its approval by two-thirds of those
Signatories which at the time of confirmation by the Assembly were
Signatories and then held at least two-thirds of the total investment
shares. Notification of approval of an amendment shall be transmitted to
the Depositary only by the Party concerned and the transmission shall
signify the acceptance by the Party of the amendment. Upon entry into
force, the amendment shall become binding upon all Signatories, including
those which have not accepted it.
ARTICLE XIX Depositary
(1) The Depositary of this Agreement shall be the Secretary-General of
the Inter-Governmental Maritime Consultative Organization.
(2) The Depositary shall promptly inform all signatory and acceding
States and all Signatories of:
(a) Any signature of this Agreement.
(b) The entry into force of this Agreement.
(c) The adoption of any amendment to this Agreement and its entry
into force.
(d) Any notification of withdrawal.
(e) Any suspension or termination.
(f) 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 Secretariat of the United Nations for
registration and publication in accordance with Article 102 of the Charter
of the United Nations.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this
Agreement.*
[* Signatures omitted.]
DONE AT LONDON this third day of September one thousand nine hundred
and seventy-six in the English, French, Russian and Spanish languages, all
the texts being equally authentic, in a single original which shall be
deposited with the Depositary, who shall send a certified copy to the
Government of each of the States which were invited to attend the
International Conference on the Establishment of an International Maritime
Satellite System, to the Government of any other State which signs or
accedes to the Convention and to each Signatory.
|