PROTOCOL ON THE PRIVILEGES AND INMUNITIES OF THE INTERNATIONALMARITIME SATELLITE ORGANIZATION (INMARSAT)
PROTOCOL ON THE PRIVILEGES AND INMUNITIES OF THE INTERNATIONALMARITIME SATELLITE ORGANIZATION (INMARSAT)
Whole document
THE STATES PARTIES TO THIS PROTOCOL:
Having regard to the Convention and the Operating Agreement on the
International Maritime 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 the 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
Maritime 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 Maritime 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
designated by a Party to the Protocol for which the Operating Agreement is
in force;
(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;
(m) "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, 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
course 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;
(iii) 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.
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.
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
cypher. 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;
(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 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
(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 subparagraph (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;
(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 subparagraph (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:
(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;
(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 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
(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 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.
[* Signature Omitted.]
DONE AT LONDON this first day of December one thousand nine hundred
and eighty one.
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