**International Mobile Satellite Organization**

**ASSEMBLY** IWG/2/Report

Intersessional Working Group

Second Session Origin: Chairman

30 September to 3 October 2003 Date: 17 October 2003

**REPORT OF THE SECOND SESSION OF THE**

**IMSO ASSEMBLY INTERSESSIONAL WORKING GROUP**

**REPORT OF THE SECOND SESSION OF THE**

**IMSO ASSEMBLY INTERSESSIONAL WORKING GROUP**

####### 

####### TABLE OF CONTENTS

[Page]{.underline}

1 Opening of the Session 1

2 Adoption of the Agenda 2

3 Rules of Procedure 2

4 Terms of Reference 2

5 Review of Report of the First Session of the IWG 2

6 Detailed study of a possible extension of IMSO's mandate 2

6.1 International Maritime Organization 3

6.2 International Civil Aviation Organization 4

6.3 Discussion of the four main principles of the proposed Amendments 6

6.3.1 amendments to enlarge the scope of IMSO to include

future providers of GMDSS mobile-satellite services 6

6.3.2 amendments to enlarge the scope of IMSO in oversight of

aeronautical safety services 7

6.3.3 amendments concerning mobile satellite communications in

rural and remote areas of developing countries 8

6.3.4 amendment to use the title of "Directorate" rather than

"Secretariat" 9

6.4 Proposed amendments to the Convention 9

6.5 Miscellaneous 10

7 The implementation consequences of a possible extension of IMSO's

mandate in relation, *inter alia*, to budget, personnel, relocation

of Headquarters Building 11

7.1 Budget Setting, Cost sharing, Headquarters and Staffing Issues 11

7.2 Legal Methodology of a Possible Extension of IMSO's Mandate 12

8 Any Other Business 12

8.1 Presentation by the Chairman of the Inmarsat Board 12

8.2 Date of next Session of the Assembly 13

9 Adoption of Report 13

####### LIST OF ANNEXES

Annex I List of Participants A1

Annex II Agenda for the Second Session of the IWG A6

Annex III List of Documents A7

Annex IV Terms of Reference for the IWG A8

Annex V Statement by Canada A10

Annex VI Statement by Bangladesh, Belgium and Liberia A11

Annex VII Statement by Japan A12

Annex VIII Statement by Belgium A13

Annex IX Statement by Colombia A14

Annex X Statement by Russian Federation A15

Annex XI Statement by the United States of America A16

Annex XII Text of Proposed Amendments to the IMSO Convention as

Agreed by the Second Session of the IWG A17

Annex XIII Statement by the United Kingdom A29

**REPORT OF THE SECOND SESSION OF THE**

**IMSO ASSEMBLY INTERSESSIONAL WORKING GROUP**

1 **OPENING OF THE SESSION**

1.1 The second session of the Intersessional Working Group (IWG)
established by the IMSO Assembly at its sixteenth session
(ASSEMBLY/16/Report, paragraphs 7.10 to 7.19 refer), met in London from
30 September to 3 October 2003.

1.2 The Chairman, Mrs Ana Lucia Palhano Leal, who was appointed by the
Assembly, opened the session and welcomed participants from 26 Member
States, Observers from the International Maritime Organization and
Cospas‑Sarsat, and the Chairman of the Inmarsat Board, Mr Richard Vos.

1.3 The list of Participants is contained in Annex I to this Report.

1.4 The Chairman reminded the IWG that it had agreed at its first
session that a further session would be necessary before it could
complete its work. In this regard the IWG had expressed the wish that
delegations to the next session would be fully prepared to debate and
decide on all of the key issues which the IWG had been charged to
consider by the Assembly.

1.5 The IWG had also agreed that the purposes of this session would be
to:

> \(a\) consider in detail the amendments proposed by Denmark;
>
> \(b\) review the implementation consequences of a possible extension
> of IMSO's mandate in relation, *inter alia,* to budget, personnel, and
> relocation of the Headquarters Building; and
>
> \(c\) reach conclusions and make appropriate recommendations to the
> Assembly accordingly.

1.6 The IWG noted in particular that the Assembly, at its Sixteenth
Session, had, *inter alia*, agreed that the role of IMSO in respect of
GMDSS, aeronautical safety services and rural and remote areas,
including the principle and the legal methodology of a possible
extension of IMSO's mandate, should be studied further in detail.

2 **ADOPTION OF THE AGENDA**

2.1 The IWG adopted the Agenda for the meeting which is set out in Annex
II to this Report. The list of Documents issued is set out in Annex III.

3 **RULES OF PROCEDURE**

3.1 The IWG noted IWG/2/INF/3 "Rules of Procedure for the IWG"; in
particular that the Assembly had decided that the Rules of Procedure of
the Assembly shall, *mutatis mutandis*, apply to the IWG, with the
exception of Rule 15 relating to Quorum and Rule 30 where it had been
decided that, for cost reasons, the working language of the IWG would be
English only, therefore simultaneous interpretation was not provided.

4 **TERMS OF REFERENCE**

4.1 The IWG noted IWG/2/INF/4 "Terms of Reference for the IMSO Assembly
Intersessional Working Group"; which had been decided by the sixteenth
session of the Assembly (paragraphs 7.10 to 7.19 of ASSEMBLY/16/Report
refer), which are attached at Annex IV to this Report.

5 **REVIEW OF REPORT OF THE FIRST SESSION OF THE IWG**

5.1 The IWG recalled the report of its first session, which was held
from 20 to 24 January 2003, which had been distributed to all IMSO
Member States on 12 February 2003. The IWG further recalled that it had
adopted the report of its first session at that session.

6 **DETAILED STUDY OF A POSSIBLE EXTENSION OF IMSO'S MANDATE**

The IWG noted that the main subject for discussion was a detailed study
of a possible extension of IMSO's mandate and, in particular:

\(a\) the proposed amendments to the Convention submitted by Denmark
(ASSEMBLY/16/7);

\(b\) the views expressed and proposals made by IMSO Member States at
the sixteenth session of the Assembly, and at the first and present
sessions of the IWG;

\(c\) the outcome of meetings of the seventy-seventh session of the IMO
Maritime Safety Committee (MSC) and the ICAO Council;

\(d\) the legal methodology of a possible extension of IMSO's mandate;

\(e\) the implementation consequences for the IMSO Secretariat in
relation, *inter alia*, to budget, personnel, localization; and

\(f\) the answers to questions posed at the first session of the IWG.

# 6.1 [International Maritime Organization]{.underline}

6.1.1 The IWG noted Section 1 of IWG/2/2 and ADD/1 "Outcome of Meeting
of the IMO Maritime Safety Committee (MSC)"; in particular that:

\(a\) at its first session, the IWG had requested the Director to
provide information at its next session on developments in IMO which
relate to the terms of reference of the Group (IWG/1/Report, paragraph
5.4.1.5 refers);

\(b\) at its seventy-seventh session, held in May-June 2003, the IMO
MSC, under item 10 of its Agenda "Radiocommunications and Search and
Rescue" considered document MSC 77/10/4 (IWG/2/2 Annex I) submitted by
Denmark on intergovernmental oversight of possible future
mobile-satellite service providers to the GMDSS; and

\(c\) the result of the deliberations of the MSC on this issue is
contained in paragraphs 10.39 and 10.40 of its Report, under the heading
"Intergovernmental Oversight of Possible Future Mobile-Satellite Service
Providers to the GMDSS", as follows:

*"10.39 The Committee considered document MSC 77/10/4 (Denmark)
addressing the question of intergovernmental oversight of possible
future mobile-satellite service providers to the GMDSS; and informing
the Committee of issues raised at the International Mobile Satellite
Organization (IMSO) before inviting it to formally request IMSO to carry
out such an oversight with respect to possible future providers of the
said services as well as to continue overseeing the activities of
Inmarsat relevant to the GMDSS.*

*10.40 Taking into account comments made by the overwhelming majority of
those who spoke in favour of the Danish proposal, the Committee agreed
that an intergovernmental oversight, similar to the oversight presently
carried out by IMSO in respect of Inmarsat Ltd., would be needed when
other providers of GMDSS satellite services would, in future, be
accepted and recognized by the Organization. It, therefore, instructed
the Secretariat to communicate with IMSO enquiring if that organization
could carry out the oversight of future providers of satellite services
for the GMDSS and advise MSC 78 accordingly."*

6.1.2 In addition, under the headings 'Procedure for Recognition of
Mobile-Satellite Systems' and 'Review of Resolution A.888(21)' the
Report of the MSC paragraphs 10.8 and 10.9 state as follows:

*"10.8 The Committee approved MSC/CIRC.1077 on Procedure for evaluation
and possible recognition of mobile-satellite systems notified for use in
the GMDSS and agreed that the Sub-Committee should consider any future
nominated such systems under its work programme item on 'Satellite
services: Inmarsat and COSPAS-SARSAT).*

*10.9 In accordance with operative paragraph 3(c) of Resolution
A.888(21) on Criteria for the provision of mobile-satellite
communication systems in the GMDSS, the Committee authorized the
Sub-Committee to review the resolution, under its work programme item
'Satellite services (Inmarsat and COSPAS-SARSAT)', with a view to
keeping it updated to secure the long-term integrity of the GMDSS."*

> 6.1.3 The IWG also noted a letter from the IMO Secretariat dated 15
> September 2003 regarding the outcome of the seventy-seventh session of
> the IMO Maritime Safety Committee (IWG/2/2/ADD/1) which invited the
> Director to bring the request of the Maritime Safety Committee to the
> attention of IMSO. The Director was further invited to make the IMO
> Secretariat aware of IMSO's response so that the IMO Secretariat
> could, in turn, advise MSC 78 (to be held from 12 to 21 May 2004)
> accordingly.

# 

# 6.2 [International Civil Aviation Organization]{.underline}

6.2.1 The IWG, at its first session, had instructed the Director to
invite ICAO to provide its comments on the amendments to the IMSO
Convention proposed by Denmark, particularly Articles 3 and 4 thereof.
The IWG was informed that the Council of ICAO had considered this matter
on 21 May 2003. The Director of the ICAO Legal Bureau had written to the
Director on 30 May 2003 (IWG/2/2, Annex II), as follows:

> *"... the Council of ICAO considered this matter on 21 May 2003 during
> the Third Meeting of its 169th Session.*

*It appeared from the debate that the referenced amendments did not
receive favourable acceptance from the Council of ICAO. Accordingly, the
Council decided that an additional analysis of the amendments will be
carried out by the Secretariat.*

*Meanwhile, this matter is deferred to the next (170th) Session of the
Council, for its further consideration prior to the Second Meeting of
IWG."*

6.2.2 Following further consideration of this issue by the ICAO Council,
the Secretary General of ICAO had subsequently written to the Director
on 29 September 2003 (IWG/2/2/ADD/2) to advise IMSO that:

*"Since ICAO had been invited by the IWG to provide its comments on the
proposed amendments to the IMSO Convention, the ICAO Council has given
further consideration to this matter on 19 September 2003, during the
first meeting of its 170th Session. On the basis of Secretariat
analysis, the Council decided that it would not express a position on
the proposed amendments, which is a matter under the jurisdiction of,
and for a decision by, IMSO. The Council nevertheless wishes to
re-affirm that, in the field of aeronautical communications (including
aeronautical communications by satellite), ICAO, by virtue of the
Convention on International Civil Aviation (Chicago, 1944), has
exclusive competence to establish international Standards, Recommended
Practices and Procedures for implementation by its Contracting States,
as recognised in the first Whereas Clause of the Agreement of
Cooperation between ICAO and IMSO, signed in Montreal on 20 September
2000. While the ICAO Council does not express a position on the proposed
amendments to the IMSO Convention, the Secretary General of ICAO would
nonetheless appreciate being informed if IMSO decides to proceed
therewith. The ICAO Council would consider any such amendments in a
spirit of cooperation so as to evaluate any need for consequential
modifications to the Agreement of Cooperation between ICAO and IMSO".*

6.3 **[Discussion of the four main principles of the proposed
amendments]{.underline}**

Before beginning its detailed consideration of the proposed amendments,
the IWG discussed the four main principles of the proposed amendments,
as outlined in the Explanatory Notes on the Amendments proposed by the
Denmark, taking into account the views expressed and proposals made by
IMSO Member States at the Assembly, as well as views and proposals put
forward to the IWG, as follows:

6.3.1 **[Amendments to enlarge the scope of IMSO to include future
providers of GMDSS mobile-satellite services]{.underline}**

6.3.1.1 The IWG recalled that, at its first session, it had posed the
following questions (IWG/1/Report, Section 5.4.1 refers):

\(a\) is there a need for any oversight of mobile-satellite service
providers for the GMDSS;

\(b\) if there is a need for oversight, should it apply only to Inmarsat
Limited or also to other service providers which may be approved by IMO
in future for participation in the GMDSS; and

\(c\) if there is a need for oversight, should it be provided by
individual governments, by IMO, by IMSO, or by some other entity?

6.3.1.2 The IWG also noted that, at its first session, it had decided
(IWG/1/Report, paragraph 5.4.1.4 refers) that further consideration of
the maritime amendments proposed by Denmark would depend in part on IMSO
receiving a clear statement by IMO on its position in relation to the
oversight of MSS service providers for the GMDSS.

6.3.1.3 Several delegations expressed the view that there is a need for
expanding the role of IMSO if other providers operate under Chapter IV
of SOLAS, and that the outcome of IMO MSC strengthened this need.

6.3.1.4 However, other delegations expressed the view that there is not
a need to expand IMSO's responsibilities to cover other providers of the
GMDSS and that this was a matter for IMO.

6.3.1.5 Some delegations did not take a position on this matter.

6.3.1.6 The IWG noted the statement by Canada, attached at Annex V to
this Report.

6.3.2 **[Amendments to enlarge the scope of IMSO in oversight of
aeronautical safety services]{.underline}**

6.3.2.1 The IWG noted that, at its first session, it had undertaken a
wide-ranging discussion of the issues relating to the proposed
amendments on aeronautical mobile satellite safety communication
services; and had identified a number of questions which it believed
would need to be answered before it could complete its work in relation
to the proposed aeronautical amendments (IWG/1/Report, Section 5.4.2
refers).

6.3.2.2 The IWG had also decided, at its first session, that further
consideration of the aeronautical amendments proposed by Denmark would
depend in part on IMSO receiving a clear statement by ICAO on its
position in relation to the oversight of mobile-satellite service
providers for the aeronautical mobile satellite safety communication
services, and agreed to invite Member States present, who are also
Contracting Governments to the ICAO Convention, to consider raising
these issues in ICAO.

6.3.2.3 The IWG noted the letter from the Secretary General of ICAO of
29 September 2003 (paragraph 6.2.2 of this Report refers).

6.3.2.4 Some delegations expressed the view that, as there had not been
a formal request from ICAO, it was premature to discuss possible
amendments to the IMSO Convention to include aeronautical safety
services, which are covered by the Convention on International Civil
Aviation (Chicago, 1944).

6.3.2.5 Denmark indicated that, as there was no support for amending the
Convention to cover aeronautical safety communications services, it
would withdraw the amendments relative to aeronautical services which it
had proposed. France indicated that it therefore also withdrew its
proposed changes to the amendments.

6.3.2.6 Delegations recognized the importance of global aeronautical
mobile satellite safety communications services in the future, and
believed that, subject to developments at ICAO, this matter may be
subject to future consideration.

6.3.2.7 The IWG noted the statement by Bangladesh, Belgium and Liberia
attached at Annex VI to this Report.

6.3.3 **[Amendments concerning mobile satellite communications in rural
and remote areas]{.underline}**

6.3.3.1 The IWG noted that, at its first session, it had noted that the
Assembly, at its sixteenth session, had agreed that the role of IMSO in
respect of the rural and remote areas should be studied further in
detail. The IWG had reviewed the proposed amendments relating to this
issue (Section 5.4.3 of IWG/1/Report refers). However, the IWG had been
unable to conclude its consideration of the obligation to seek to serve
all areas in which there is a need for mobile satellite communications
at its first session, and had agreed to continue this debate at its next
session.

6.3.3.2 The IWG reviewed amendments to Articles 3 and 5 of the
Convention, which had been proposed by Denmark with suggested changes
thereto submitted by India and France.

6.3.3.3 Various delegations expressed the views that:

(a) the current text of the Convention should be maintained;

(b) IMSO should not be mandated to oversee rural and remote
    communications for new providers; and

(c) the proposed amendments had merit and that each of the alternative
    texts should be put forward to the Assembly, perhaps in square
    brackets.

6.3.3.4 The IWG noted the statement by Japan attached at Annex VII to
this Report.

6.3.3.5 The IWG noted the statement by Belgium attached at Annex VIII to
this Report.

6.3.3.6 The IWG noted a statement by Colombia attached at Annex IX to
this Report.

6.3.4 **[Amendment to use the title of "Directorate" rather than
"Secretariat"]{.underline}**

The IWG reviewed amendments to the Convention relevant to general
administrative issues which had been proposed by Denmark with suggested
changes thereto submitted by the France, which primarily related to
using the word "provider" rather than "company" and to change the title
"Secretariat" to "Directorate".

6.4 **[Proposed Amendments to the Convention]{.underline}**

6.4.1 The IWG noted that, at its first session, it did not complete its
consideration of the proposed amendments to the Convention submitted by
Denmark (ASSEMBLY/16/7). The IWG therefore invited Denmark to present
its proposed amendments for detailed consideration on an Article by
Article basis.

6.4.2 In this regard, the IWG noted:

\(a\) IWG/2/3 "Comments of the Party of India on Amendments to Article 5
of the Convention proposed by the Party of Denmark"; in particular that
India strongly supports the proposed provisions under Article 5(2)
seeking to cover all areas where there is need and proposed additional
wording at the end of Article 5(2) as proposed by Denmark, as follows:
"[on cost based tariff]{.underline}."

\(b\) IWG/2/4 "Proposals for Amendments to the Danish Proposed
Amendments to the IMSO Convention", which had been submitted by France,
and which proposed further amendments to the Preamble and to Articles 1,
3, 4, 5 and 11.

India and France presented their detailed proposals at the appropriate
point in the consideration of the text proposed by Denmark.

6.4.3 In deciding how to approach this review, the IWG agreed to
consider these proposed amendments under four subject headings:

\(a\) oversight of maritime mobile-satellite communication services for
the GMDSS;

\(b\) oversight of aeronautical safety satellite services and compliance
with ICAO SARPs;

\(c\) oversight of satellite services in rural and remote areas of the
world; and

\(d\) administrative and other matters generally affecting the
Secretariat.

4.  The IWG noted the statement by the Russian Federation attached at
    Annex X to this report.

5.  The IWG noted the statement by the United States of America attached
    at Annex XI to this Report.

6.  France withdrew its proposal for a new Article (3)(1)(c) and for two
    new paragraphs in the Preamble.

6.4.7 In relation to the detailed amendments, the IWG:

.1 prepared text relating to oversight by IMSO of maritime
mobile‑satellite communication services for the GMDSS, noting that some
elements remained in square brackets, as reflected in Annex XII;

.2 noted the withdrawal by Denmark of its proposed amendments relating
to aeronautical safety satellite communication services;

.3 placed in square brackets proposed alternative text of amendments
relating to the obligation to seek to serve rural and remote areas of
developing countries; and

.4 prepared various general and administrative amendments, noting that
some elements remained in square brackets.

6.5 **[Miscellaneous]{.underline}**

6.5.1 The IWG requested the Director to study and advise the Assembly on
various issues relating to the drafting of Article 20 "Termination", and
possible implications for the termination of the Organization's legal
and contractual responsibilities and obligations to its employees**.**

6.5.2 The IWG recommended that the Assembly note that the Maritime
Safety Committee of the International Maritime Organization had agreed,
at its seventy‑seventh session, that an intergovernmental oversight,
similar to the oversight presently carried out by IMSO in respect of
Inmarsat Ltd., would be needed when other providers of GMDSS satellite
service would, in future, be accepted and recognized by the
Organization.

6.5.3 The IWG noted that France had recommended that a paragraph be
included in the Preamble to the Convention to provide for reference to
decisions within IMO regarding the agreement of the Maritime Safety
Committee referred to in paragraph 6.5.2 above. The IWG agreed that an
appropriate paragraph be included in the draft amendments to the
Preamble to the IMSO Convention to provide for any developments which
may prevail within IMO at the time of adoption of the amendments, if the
Assembly so decides.

7 **THE IMPLEMENTATION CONSEQUENCES OF A POSSIBLE EXTENSION OF IMSO'S
MANDATE**

7.1 **[Budget Setting, Cost Sharing, Headquarters and Staffing
Issues]{.underline}**

7.1.1 The Director presented the following documents:

\(a\) IWG/2/5 "Budget Setting and Cost Sharing", which gave a
preliminary outline of possible revised budgetary procedures in the
event that the Assembly decides to amend the Convention, and proposed a
method for sharing the agreed costs of the Organization between more
than one Provider; and

\(b\) IWG/2/6 "Headquarters and Staffing Issues", which gave a
preliminary outline of certain issues relating to the Headquarters and
Staff of the Organization that will need resolution in the event that
the Assembly decides to amend the Convention.

These documents had been prepared in response to the request by the
sixteenth session of the Assembly to instruct the IWG to assess the
implementation consequences for the IMSO Secretariat in relation, *inter
alia*, to budget, personnel, localization.

These documents were not discussed by the IWG. However, the IWG had some
discussion about cost sharing in relation to the proposed amendment to
the Convention, and it was agreed that this was a complex issue which
needed to be considered further.

7.2 **[Legal Methodology of a Possible Extension of IMSO's
Mandate]{.underline}**

7.2.1 Several delegations recalled the IWG's Terms of Reference that
require that the study of a possible extension of the IMSO's mandate be
done in light of further study in detail of the legal methodology of a
possible extension. These delegations also recalled interventions made
on the issue at the Assembly and IWG, and the obligation that the IWG's
work take into account and consider the views so expressed.

7.2.2 The IWG noted informal remarks by the Director on the steps to be
taken to lead to a possible extension of IMSO's mandate.

7.2.3 The IWG noted the statement by the United Kingdom attached at
Annex XIII to this Report.

7.2.4 The IWG noted, with appreciation, that Canada[^1] intended to
invite Member States to work by electronic correspondence (e-mail) to
exchange views and examine issues relating to the legal methodology of a
possible extension of IMSO's mandate, taking into account the informal
remarks of the Director, and the implementation consequences for the
IMSO Secretariat, including the issues raised in documents IWG/2/5 and
IWG/2/6.

8 **ANY OTHER BUSINESS**

8.1 **[Presentation by the Chairman of the Inmarsat Board]{.underline}**

8.1.1 The IWG noted, with appreciation, a presentation by Mr Richard
Vos, the Chairman of the Inmarsat Board on current developments within
Inmarsat; in particular in relation to Inmarsat's commitment to the
GMDSS and the other Public Service Obligations. Mr Vos stressed that,
for the future, it is important that Inmarsat be given similar treatment
to its competitors, having neither more constraints nor more favourable
treatment than them.

8.2 **[Date of next Session of the Assembly]{.underline}**

8.2.1 The IWG noted that the Assembly had decided at its Sixteenth
Session that the next regular session of the Assembly should be held in
the last quarter of 2004, in or around October 2004, in London, unless
an invitation were received from a Party to host the Session. The
Assembly had also noted that the Director would consult as necessary and
inform Parties of the exact dates and location for the next regular
session of the Assembly.

9 **ADOPTION OF THE REPORT OF THE IWG**

9.1 The IWG adopted the report of the second session of the IWG.

9.2 The IWG decided that a third and final session of the IWG will be
necessary in order to conclude work under its Terms of Reference
established by the Assembly, and requested the Director to make
appropriate arrangements for this meeting to be held during the week 2
to 6 February 2004.

9.3 The IWG noted that the Director will arrange for the report of this
session to be circulated to all IMSO Member States and Observers.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

###### ANNEX I

Page 1 of 5

######### LIST OF PARTICIPANTS

**Chairman: Mrs Ana Lucia Palhano Leal**

# 

+---------------------+------------------------------------------------+
| **BANGLADESH**      | Captain Moin Uddin Ahmed 2                     |
|                     |                                                |
|                     | Alternative Permanent Representative of        |
|                     | Bangladesh to IMO and Counsellor (Maritime)    |
+---------------------+------------------------------------------------+
| **BELGIUM**         | Mrs Marielle Ver Elst                          |
|                     |                                                |
|                     | Minister Plenipotentiary                       |
|                     |                                                |
|                     | Ministry of Foreign Affairs                    |
+---------------------+------------------------------------------------+
| **BRAZIL**          | Mrs Ana Lucia Palhano Leal (Chairman)          |
|                     |                                                |
|                     | International Affairs Office to the President  |
|                     |                                                |
|                     | National Telecommunications Agency (ANATEL)    |
+---------------------+------------------------------------------------+
|                     | Mr José Bastos Mollica                         |
|                     |                                                |
|                     | Private Services Office                        |
|                     |                                                |
|                     | National Telecommunications Agency (ANATEL)    |
+---------------------+------------------------------------------------+
| **CANADA**          | Mr René Guerrette                              |
|                     |                                                |
|                     | Senior Advisor                                 |
|                     |                                                |
|                     | International Organizations                    |
|                     |                                                |
|                     | Industry Canada                                |
+---------------------+------------------------------------------------+
| **COLOMBIA**        | Mr Rafael Correa Lara                          |
|                     |                                                |
|                     | Minister Plenipotentiary                       |
|                     |                                                |
|                     | Colombian Embassy                              |
+---------------------+------------------------------------------------+
|                     | Ms Angélica Gomez                              |
|                     |                                                |
|                     | Colombian Embassy                              |
+---------------------+------------------------------------------------+
| **CYPRUS**          | Mr Nicolaos Charalambous                       |
|                     |                                                |
|                     | Cyprus High Commission                         |
+---------------------+------------------------------------------------+
| **CZECH REPUBLIC**  | Mr Petr Ondracek                               |
|                     |                                                |
|                     | Ministry of Informatics                        |
|                     |                                                |
|                     | Head of Integration Secretariat                |
|                     |                                                |
|                     | Electronic Communications Department           |
+---------------------+------------------------------------------------+

######  ANNEX I

Page 2 of 5

+---------------------+------------------------------------------------+
| **DENMARK**         | Mr Jørgen Rasmussen                            |
|                     |                                                |
|                     | (Chairman of the IMSO Assembly)                |
|                     |                                                |
|                     | Chief Ship Surveyor                            |
|                     |                                                |
|                     | Danish Maritime Authority                      |
+---------------------+------------------------------------------------+
| **FRANCE**          | Mme Laurence Beau                              |
|                     |                                                |
|                     | Ministère des Affaires Etrangères              |
+---------------------+------------------------------------------------+
|                     | Mlle Hélène Lebedeff                           |
|                     |                                                |
|                     | Ministère de l'Economie, des Finances          |
|                     |                                                |
|                     | et de l'Industrie                              |
+---------------------+------------------------------------------------+
|                     | M François Escaffre                            |
|                     |                                                |
|                     | (Chairman of the Advisory Committee)           |
|                     |                                                |
|                     | Rear Admiral (Maritime Affairs)                |
|                     |                                                |
|                     | National Maritime Search & Rescue Co-ordinator |
|                     |                                                |
|                     | Secretariat General of the Sea (SECMER)        |
+---------------------+------------------------------------------------+
| **GERMANY**         | Mr Hans-Joachim Schemel                        |
|                     |                                                |
|                     | Senior Executive Officer                       |
|                     |                                                |
|                     | Federal Ministry of Economics and Labour       |
+---------------------+------------------------------------------------+
| **GREECE**          | Mr I. Proios                                   |
|                     |                                                |
|                     | Ministry of Transport and Communications       |
+---------------------+------------------------------------------------+
| **INDIA**           | Sh Ramesh Lalwani                              |
|                     |                                                |
|                     | Advisor (Technology)                           |
|                     |                                                |
|                     | Department of Telecommunications               |
+---------------------+------------------------------------------------+
| **ITALY**           | Mr Antonio Nastrucci                           |
|                     |                                                |
|                     | Maritime Attaché                               |
|                     |                                                |
|                     | Italian Embassy, London                        |
+---------------------+------------------------------------------------+
| **JAPAN**           | Mr Masaaki Sakamaki                            |
|                     |                                                |
|                     | Director, Mobile Satellite Communications      |
|                     | Division,                                      |
|                     |                                                |
|                     | Radio Department,                              |
|                     |                                                |
|                     | Ministry of Public Management, Home Affairs,   |
|                     | Posts and Telecommunications                   |
+---------------------+------------------------------------------------+
|                     | Mr Keiichiro Seki                              |
|                     |                                                |
|                     | Director, International Organizations Office,  |
|                     |                                                |
|                     | International Affairs Department,              |
|                     |                                                |
|                     | Ministry of Public Management, Home Affairs,   |
|                     | Posts and Telecommunications                   |
+---------------------+------------------------------------------------+

######  ANNEX I

Page 3 of 5

+---------------------+------------------------------------------------+
|                     | Mr Hirokazu Igarashi                           |
|                     |                                                |
|                     | Official, International Science Cooperation    |
|                     | Division,                                      |
|                     |                                                |
|                     | Foreign Policy Bureau,                         |
|                     |                                                |
|                     | Ministry of Foreign Affairs                    |
+---------------------+------------------------------------------------+
|                     | Mr Norimitsu Takagi                            |
|                     |                                                |
|                     | Deputy Director                                |
|                     |                                                |
|                     | Office of Aeronautical Satellite Systems       |
|                     |                                                |
|                     | Civil Aviation Bureau                          |
|                     |                                                |
|                     | Ministry of Land, Infrastructure and Transport |
+---------------------+------------------------------------------------+
|                     | Mr Isao Sugino                                 |
|                     |                                                |
|                     | First Secretary,                               |
|                     |                                                |
|                     | Embassy of Japan, London                       |
+---------------------+------------------------------------------------+
| **LATVIA**          | Mr Austris Adumans                             |
|                     |                                                |
|                     | Latvian Shipping Company                       |
+---------------------+------------------------------------------------+
| **LIBERIA**         | Her Excellency Mrs Agnes R. Taylor             |
|                     |                                                |
|                     | Permanent Representative of the                |
|                     |                                                |
|                     | Republic of Liberia to IMO                     |
+---------------------+------------------------------------------------+
|                     | Captain Armett E. Hill                         |
|                     |                                                |
|                     | Deputy Permanent Representative                |
|                     |                                                |
|                     | of the Republic of Liberia to IMO              |
+---------------------+------------------------------------------------+
| **MALTA**           | Mr. Pierre Zammit Endrich                      |
|                     |                                                |
|                     | Safety Coordinator                             |
|                     |                                                |
|                     | Malta Maritime Authority                       |
+---------------------+------------------------------------------------+
|                     | Mr Lawrence Sciberras                          |
|                     |                                                |
|                     | Flag and Port State Control Inspector          |
|                     |                                                |
|                     | Technical Department                           |
|                     |                                                |
|                     | Merchant Shipping Directorate                  |
|                     |                                                |
|                     | Malta Maritime Authority                       |
+---------------------+------------------------------------------------+
| **MARSHALL          | Mr David J.F. Bruce                            |
| ISLANDS**           |                                                |
|                     | Senior Deputy Commissioner for Maritime        |
|                     | Affairs                                        |
+---------------------+------------------------------------------------+
| **PAKISTAN**        | Mr Zehoor Ahmed                                |
|                     |                                                |
|                     | Second Secretary                               |
|                     |                                                |
|                     | Pakistan High Commission, London               |
+---------------------+------------------------------------------------+

######  ANNEX I

Page 4 of 5

+---------------------+------------------------------------------------+
| **PHILIPPINES**     | Mr Neil Frank R. Ferrer                        |
|                     |                                                |
|                     | Second Secretary and Consul                    |
|                     |                                                |
|                     | Embassy of the Philippines, London             |
+---------------------+------------------------------------------------+
| **POLAND**          | Captain Pawel Czerwinski                       |
|                     |                                                |
|                     | Permanent Representative of the                |
|                     |                                                |
|                     | Republic of Poland to IMO                      |
+---------------------+------------------------------------------------+
| **PORTUGAL**        | Mr Filipe Santos Costa                         |
|                     |                                                |
|                     | ANACOM                                         |
+---------------------+------------------------------------------------+
| **RUSSIAN**         | Ms Nadia Nesterenko                            |
|                     |                                                |
| **FEDERATION**      | Director of International Accounts and         |
|                     |                                                |
|                     | Intercarrier Relations Department              |
|                     |                                                |
|                     | Morzviazsputnik                                |
+---------------------+------------------------------------------------+
| **TANZANIA**        | Mrs Mary Dotto                                 |
|                     |                                                |
|                     | Frequency Management Engineer,                 |
|                     |                                                |
|                     | Tanzania Communications Commission.            |
+---------------------+------------------------------------------------+
| **UNITED KINGDOM**  | Mr Michael Leach                               |
|                     |                                                |
|                     | International Satellite Telecommunications     |
|                     |                                                |
|                     | Department of Trade and Industry               |
+---------------------+------------------------------------------------+
| **UNITED STATES**   | Mr Steven Lett                                 |
|                     |                                                |
| **OF AMERICA**      | Deputy United States Coordinator               |
|                     |                                                |
|                     | US Department of State                         |
+---------------------+------------------------------------------------+
|                     | Dr Richard Lamb                                |
|                     |                                                |
|                     | Information Technology Policy Officer          |
|                     |                                                |
|                     | International Communications & Information     |
|                     | Policy                                         |
|                     |                                                |
|                     | US Department of State                         |
+---------------------+------------------------------------------------+
|                     | Ms Deepti Rohatgi                              |
|                     |                                                |
|                     | Office of Strategic Planning & Satellite       |
|                     | Policy                                         |
|                     |                                                |
|                     | US Department of State                         |
+---------------------+------------------------------------------------+
|                     | Mr Jack Gleason                                |
|                     |                                                |
|                     | International Affairs                          |
|                     |                                                |
|                     | US Department of Commerce                      |
+---------------------+------------------------------------------------+

###### ANNEX I

Page 5 of 5

+-----------------------------+----------------------------------------+
| **OBSERVERS**               |                                        |
+-----------------------------+----------------------------------------+
| **INTERNATIONAL MARITIME**  | Mr V. Lebedev                          |
|                             |                                        |
| **ORGANIZATION (IMO)**      | Senior Technical Officer               |
|                             |                                        |
|                             | Sub-Division for Navigation and        |
|                             | Cargoes                                |
|                             |                                        |
|                             | Maritime Safety Division               |
+-----------------------------+----------------------------------------+
|                             |                                        |
+-----------------------------+----------------------------------------+
| **COSPAS-SARSAT**           | Mr Daniel Levesque                     |
|                             |                                        |
|                             | Head of the Cospas-Sarsat Secretariat  |
+-----------------------------+----------------------------------------+
| **CHAIRMAN OF BOARD OF      | Mr Richard Vos                         |
| INMARSAT VENTURES**         |                                        |
+-----------------------------+----------------------------------------+
|                             |                                        |
+-----------------------------+----------------------------------------+
| **IMSO**                    | Mr Jerzy W. Vonau                      |
|                             |                                        |
|                             | Director                               |
+-----------------------------+----------------------------------------+
|                             | Mr Andy Fuller                         |
|                             |                                        |
|                             | Head of Technical Services             |
+-----------------------------+----------------------------------------+
|                             | Ms Jenny Ray                           |
|                             |                                        |
|                             | Head of Secretariat Services           |
+-----------------------------+----------------------------------------+

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX II**

**AGENDA FOR THE SECOND SESSION OF THE**

**IMSO ASSEMBLY INTERSESSIONAL WORKING GROUP**

1 Opening of the Session

2 Adoption of the Agenda

3 Rules of Procedure

4 Terms of Reference

5 Review of Report of the First Session of the IWG

6 Detailed study of a possible extension of IMSO's mandate, in
particular:

\(a\) the proposed amendments to the Convention submitted by the Party
of Denmark

\(b\) outcome of meetings of Seventy-Seventh Session of IMO Maritime
Safety Committee and ICAO Council

7 The implementation consequences of a possible extension of IMSO's
mandate in relation, *inter alia*, to budget, personnel, relocation of
Headquarters Building

8 Any Other Business

9 Adoption of Report

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

# ANNEX III

**LIST OF DOCUMENTS**

IWG/2/1 Provisional Agenda for the Second Session of the IMSO Assembly

REV/1 Intersessional Working Group (IWG)

IWG/2/2 Outcome of Meetings of the Seventy-Seventh Session of the IMO

\+ ADDs 1&2 Maritime Safety Committee and the ICAO Council

IWG/2/3 Comments of Party of India on Amendments to Article 5 of the
Convention proposed by the Party of Denmark, submitted by the Party of
India

IWG/2/4 Proposals for Amendments to the Danish Proposed Amendment to the
IMSO Convention, submitted by the Party of France

IWG/2/5 Budget Setting and Cost Sharing

IWG/2/6 Headquarters and Staffing Issues

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

# ANNEX IV

Page 1 of 2

**TERMS OF REFERENCE FOR THE IMSO ASSEMBLY INTERSESSIONAL WORKING
GROUP**

(paragraphs 7.10 to 7.19 of ASSEMBLY/16/Report refer)

1 At its Sixteenth Session, the IMSO Assembly:

\(a\) recalling that the IMO Assembly adopted Resolution A.888(21)
"Criteria for the Provision of Mobile Satellite Communication Systems in
the Global Maritime Distress and Safety System (GMDSS),

\(b\) having noted the proposed amendments to the Convention submitted
by the Party of Denmark, and the Explanatory Notes thereto, and after a
thorough discussion during the Assembly Session,

\(c\) agreeing that the role of IMSO in respect of GMDSS, aeronautical
safety services and rural and remote areas, including the principle and
the legal methodology of a possible extension of IMSO's mandate, should
be studied further in detail,

\(d\) noting that such extension may require amendments to the IMSO
Convention, and possibly to other relevant agreements or treaties, and

\(e\) further noting that the implementation and possible consequences
of such extension should also be thoroughly assessed,

**DECIDED** to establish an Assembly Intersessional Working Group (IWG):

\(a\) to undertake a detailed study of a possible extension of IMSO's
mandate in light of the above propositions,

\(b\) to consider the proposed amendments to the IMSO Convention, and
the Explanatory Notes thereon, submitted by the Party of Denmark,

\(c\) to take into account and consider the views expressed and
proposals made by IMSO Member States at this Session of the Assembly, as
well as views and proposals put forward to the IWG by any IMSO Member
State, and

\(d\) to bear in mind the competencies of other appropriate
intergovernmental organizations, such as IMO, ICAO and the ITU, etc.,
and the specific nature of each service.

**ANNEX IV**

Page 2 of 2

2\. The Assembly further **DECIDED** to instruct the IWG:

\(a\) to prepare a report with conclusions, recommendations and possible
proposals for submission to the next Session of the Assembly, at least
six months before the Assembly Session; and

\(b\) to assess the implementation consequences for the IMSO Secretariat
in relation, *inter alia*, to budget, personnel, localization.

3\. The Assembly further **DECIDED** to encourage Parties to actively
participate in the work of the IWG, with a view to taking a decision on
its recommendations at the next Session of the Assembly.

4\. The Assembly also **DECIDED** to request the Director to invite
representatives of other international organizations, particularly IMO
and ICAO, to participate in the IWG as observers.

5\. The Assembly also **NOTED** that the Director will invite the
Chairman of the Board of the Company, or his representative, to
participate in the IWG as observer, in accordance with Rule 6 of the
Rules of Procedure for the Assembly.

6\. The Assembly **DECIDED** to appoint Mrs Ana Lucia Palhano Leal of
Brazil as the Chairman of the IWG, by acclamation.

7\. The Assembly further **DECIDED** that Rules of Procedure of Assembly
shall, *mutatis mutandis*, apply to the IWG, with the exception of Rule
15 relating to Quorum**.**

8\. The Assembly **DECIDED** that the first meeting of the IWG will be
held in London, at Inmarsat Headquarters from 20 to 24 January 2003, and
that the deadline for substantive submissions to the IWG shall be four
weeks before the session.

9\. The Assembly **DECIDED** that the IWG should decide the place and
dates of any subsequent meetings as well as any issues in connection
with the deadlines relative to any substantive submissions**.**

10\. The Assembly **DECIDED** to invite IMSO Member States and observers
to communicate to the Director the names of the persons forming their
delegations to the IWG, well in advance of each meeting of the IWG, so
as to enable him to make appropriate arrangements.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**ANNEX V**

####### 

####### STATEMENT BY CANADA

(paragraph 6.3.1.6 of this report refers)

Canada expressed the view that it cannot support a recommendation for
the adoption of the amendments by the Assembly as it is not convinced
that all avenues have been investigated at this time.

However, Canada is open to continued discussions on the future of the
IMSO; the means available to it and IMO to ensure continuity of the
GMDSS when other operators are recognized by IMO; the scope of the
obligations to be imposed on Inmarsat and the other providers of GMDSS
in a competitive environment and the role of IMSO in light of it's
current function and the needs of IMO.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX VI**

####### 

####### STATEMENT BY BANGLADESH, BELGIUM AND LIBERIA

(paragraph 6.3.2.8 of this report refers)

The Parties of Bangladesh, Belgium and Liberia recognize that there may
be a role for IMSO in the oversight of global aeronautical mobile
satellite safety communications services in the future, and believed
that, subject to developments and a decision by or request from ICAO,
this possibility should be retained for future consideration and
reflected in the draft amendments.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX VII**

**STATEMENT BY JAPAN**

(paragraph 6.3.3.4 of this Report refers)

Japan recognizes the significance of service supply with respect to
communications in remote areas.

> In relation to securing communication services to remote areas,
> various international meetings such as ITU conferences and a task
> force organized by the United Nations etc. have actively discussed
> this issue. Japan has also been actively engaged in promoting
> international cooperation.
>
> Concerning the issues of the forms and ways IMSO should involve itself
> in satellite mobile communications to secure services in remote areas,
> Japan recognizes that it is necessary to thoroughly examine the issue
> at the IWG.
>
> IMSO oversight could present a new restriction to the business plans
> of the existing service providers, and the financial burden from IMSO
> oversight could possibly reduce the competitive power of the MSS
> service providers. Apprehensions that difficulties will occur in the
> smooth business promotion of private service providers could possibly
> lead to problems on securing communications to remote areas.
>
> Japan considers it important not to discourage securing services to
> remote areas. At a time when neither the object nor the substance of
> IMSO oversight has been sufficiently discussed and clarified, Japan
> takes the position that IMSO should oversee only Inmarsat Ltd. for
> now, however, Japan expects further constructive examination of the
> issues of IMSO's future involvement.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX VIII**

**STATEMENT BY BELGIUM**

(paragraph 6.3.3.5 of this Report refers)

Belgium, taking into account the proposals by Denmark, India and France
as well as the comments made during discussions, suggests that paragraph
(2) of Article 5 of the proposed amendments should read:

"Subject to support and funding by national regional and international
mechanisms dealing with technical assistance or capacity building in
developing countries, the Organization can take measures or steps to
assist Providers in serving areas where there is a need for the
provision of global mobile satellite communication services, giving due
consideration in particular to the rural and remote areas of developing
countries."

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX IX**

**STATEMENT BY COLOMBIA**

(paragraph 6.3.3.6 of this Report refers)

The Party of Colombia wishes to thank IMSO for this opportunity to
speak, as we believe that our country -- together with all developing
countries -- needs mobile satellite communications for our rural areas
and remote regions. Such communications are crucial for our national
security and communication between communities.

In addition, Colombia is experiencing high levels of violence due to
outlaw armed groups that grow drug crops in these areas, so acquiring
economic power to carry out acts of terrorism. These groups have
therefore been dubbed "nacroterrorists" by major world country
organisations, such as the Organization of American States (OAS), the
Latin American Group of 7 meeting in Panama, and the European Union.

These armed nacroterrorist groups lack any coherent philosophy, ideology
or policies. They are destroying the Colombian people and pose a threat
to the entire world community. Mobile satellite communications are
therefore crucial in providing democratic security for our people. Our
President Alvaro Uribé Velez is determined to achieve democratic
security.

Colombia therefore wishes to place on record that our Government has
certain difficulties in backing the amendment proposed by Denmark and
reserves the right of granting its support. Colombia therefore requests
a reasonable period of time to examine different aspects of this
proposal.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX X**

####### STATEMENT BY THE RUSSIAN FEDERATION

(paragraph 6.4.4 of this Report refers)

The Russian Federation does not support the proposed amendments and
would not participate in the line by line discussion of the text of the
proposed amendments and therefore would not take part in the discussions
under Agenda item 6.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX XI

# STATEMENT BY THE UNITED STATES OF AMERICA

(paragraph 6.4.5 of this Report refers)

The United States strongly supports the expansion of the Global Maritime
Distress and Safety System (GMDSS) through the participation in the
GMDSS of additional MSS system operators. The GMDSS, created by the
International Maritime Organization (IMO), has proven to be a very
important and effective tool to save lives and minimize risks to people
and property at sea. Governments should endeavour to maintain the high
standards of reliability for the GMDSS while expanding the reach of the
system and access to it. To do so, it will be important to maintain
efficiency and to welcome new and improved technologies.

The United States of America did not participate in detailed
line-by-line consideration of the amendments proposed by Denmark, France
and India during discussion of agenda item 6 because it does not view
amendments as necessary at this time. The United States did comment on
substantive issues of policy during the debate.

The United States took this position because it believes that the IMO
and its Assembly Resolution A.888(21) adopted on 25 November 1999,
should be the focal point of intergovernmental efforts to expand GMDSS.
The United States does not see any need at this time to change the
mandate of the IMSO to include either new services such as aeronautical
mobile-satellite services or service providers other than Inmarsat Ltd
and Inmarsat Ventures plc as was proposed at the last Assembly.

The United States remains seriously concerned about proposals for new or
additional intergovernmental oversight and industry funding that could
adversely affect the MSS industry. Anything that weakens an MSS operator
or the industry may impair GMDSS. Unnecessary regulations, and
associated fees and other costs, could harm MSS operators or deter them
from participating in the GMDSS, potentially threatening the expansion
of GMDSS services. The best path to ensuring a safe, reliable and
growing GMDSS system is one built on efficiency and a minimum of
bureaucracy.

The United States does not believe that any change in the IMSO mandate
or charter is required at this time. Nonetheless, the United States is
eager to work in any way possible with other governments to identify
ways to strengthen the GMDSS.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX XII**

Page 1 of 12

TEXT OF PROPOSED AMENDMENTS TO THE CONVENTION ON THE

**INTERNATIONAL MOBILE SATELLITE ORGANIZATION**

#### 

(paragraph 6.4.7 of this Report refers)

(Using the current text of the IMSO Convention, proposed new text is
shown by emboldening/underlining and proposed deleted text is shown by
overstriking)

**(where alternative texts are under discussion, the alternatives are
shown in square brackets)**

**THE STATES PARTIES TO THIS CONVENTION:**

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 **ALSO** 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, concluded on
27 January 1967, and in particular Article 1, which states that outer
space shall be used for the benefit and in the interests of all
countries,

DETERMINED, to this end, to continue to make provision for the benefit
of telecommunications users of all nations through the most advanced
suitable space technology available, for the most efficient and economic
facilities possible consistent with the most efficient and equitable use
of the radio frequency spectrum and of satellite orbits,

####### 

**BEARING IN MIND** ~~RECOGNIZING~~ that the International **Maritime**
~~Mobile~~ Satellite Organization **(INMARSAT)** ~~has, in accordance
with its original purpose,~~ established a global mobile satellite
communications system for maritime communications, including distress
and safety communications capabilities ~~which are specified in the
International Convention for the Safety of Life at Sea, 1974, as amended
from time to time, and the Radio Regulations specified in the
Constitution and the Convention of the International Telecommunication
Union, as amended from time to time, as meeting certain
radiocommunications requirements of~~ **for** the Global Maritime
Distress and Safety System (GMDSS),

**ANNEX XII**

Page 2 of 12

RECALLING that the Organization has extended its original purpose by
providing aeronautical and land mobile satellite communications,
including aeronautical satellite communications for air traffic
management and aircraft operational control (aeronautical safety
services), and is also providing radiodetermination services,

**RECOGNIZING that, in the restructuring of Inmarsat, the assets,
commercial operations and interests of the Organization were transferred
without restriction to a new commercial company \[Inmarsat Ltd.\], while
the continued provision of the GMDSS and adherence to the other public
interests by \[Inmarsat Ltd.\] \[the company\] have been secured by the
establishment of the intergovernmental oversight mechanism,**

**ACKNOWLEDGING that, by adopting Assembly Resolution A.888(21),
Criteria for Maritime Mobile-Satellite Communications Systems in the
GMDSS, the International Maritime Organization (IMO) has recognized that
there may be more than one provider of mobile satellite services in the
GMDSS,**

**ACKNOWLEDGING ALSO**

**\[appropriate text will need to be included at time of adoption of
amendments, in line with actual decisions within IMO.\]**

~~ACKNOWLEDGING that increased competition in the provision of mobile
satellite services has made it necessary for the Inmarsat satellite
system to be operated through the Company as defined in Article 1 in
order that it can remain commercially viable and thereby ensure, as a
basic principle, the continuity of maritime satellite distress and
safety communications services for the Global Maritime Distress and
Safety System (GMDSS),~~

~~INTENDING that the Company will observe certain other basic
principles, namely, non-discrimination on the basis of nationality,
acting exclusively for peaceful purposes, seeking to serve all areas
where there is a need for mobile satellite communications, and fair
competition,~~

~~NOTING that the Company would operate on a sound economic and
financial basis, having regard to accepted commercial principles,~~

AFFIRMING that**, under such circumstances,** there is a need **to
secure continuity of the public interests through** ~~for~~
intergovernmental oversight ~~to ensure that the Company fulfils
obligations for provision of services for the Global Maritime Distress
and Safety System (GMDSS) and complies with the other basic
principles~~,

**AGREE AS FOLLOWS:**

**ANNEX XII**

Page 3 of 12

Article 1

[Definitions]{.underline}

For the purposes of this Convention:

\(a\) "The Organization" means the intergovernmental organization
established pursuant to Article 2.

####### 

\(b\) "~~The Company~~ **Provider**" means **any** ~~the corporate~~
entity or entities**, which, through a mobile satellite communications
system recognized by the International Maritime Organization, provides
services for GMDSS.** ~~established under national law and through which
the Inmarsat system is operated.~~

\(c\) "Party" means a State for which this Convention has entered into
force.

\(d\) Public Services Agreement" means ~~the~~ **an** Agreement executed
by the Organization and **a Provider** ~~Company~~, as referred to in
Article 4(1).

\(e\) "GMDSS" means the Global Maritime Distress and Safety System as
established by the International Maritime Organization **(IMO)**.

**(f) "Public Interests" means those interests set forth in Article 3.**

######## 

**(g) "Developing Countries" means those countries listed in the Group
of 77 as published from time to time by the United Nations.**

Article 2

[Establishment of the Organization]{.underline}

The International Mobile Satellite Organization **(IMSO)**, herein
referred to as "the Organization", is hereby established.

**ANNEX XII**

Page 4 of 12

Article 3

[Purpose]{.underline}

######### 

**(1)** The **primary** purpose of the Organization is to ensure that
the **public interests** ~~basic principles~~ set forth in this
~~Article~~ **paragraph are met** ~~shall be observed~~ by ~~the
Company~~ **each Provider**, namely ensuring ~~(a)~~ the ~~continued~~
provision of global maritime **mobile** ~~distress and safety~~
satellite communications services~~, in particular those which are
specified in the International Convention for the Safety of Life at Sea,
1974, as amended from time to time, and the Radio Regulations specified
in the Constitution and the Convention of the International
Telecommunication Union, as amended from time to time, relative to~~
**for** the GMDSS**, according to the framework set up by IMO.**~~;~~

~~(d) seeking to serve all areas where there is a need for mobile
satellite communications, giving due consideration to the rural and the
remote areas of developing countries;~~

\[(2) The further purpose of the Organization is to \[act\]\[ensure that
Providers provide their services\]:

(~~b~~**a**) ~~providing services~~ without discrimination on the basis
of nationality;

(~~c~~**b**) ~~acting~~ exclusively for peaceful purposes; **and**

(~~e~~**c**) ~~operating~~ in a manner consistent with fair competition
\[~~, subject to applicable laws and regulations~~.\]\]

Article 4

## 

## Oversight

# 

# ~~Implementation of Basic Principles~~

\(1\) The Organization~~, with the approval of the Assembly,~~ shall
execute a Public Services Agreement with ~~the Company~~ **each
Provider** and shall conclude such other arrangements as may be
necessary to enable the Organization to oversee ~~and ensure~~ the
**performance** ~~observance~~ by ~~the Company~~ **each Provider**
~~Company of~~ **in meeting** the **public interests**, ~~basic
principles set forth in Article 3, and~~ to implement any other
provision of this Convention**, and to make recommendations as
appropriate**.

**ANNEX XII**

Page 5 of 12

**(2) Oversight of public interests as set forth in this Article shall
be based on relevant international regulations, standards,
recommendations and procedures, especially those established by relevant
Organizations.**

**(3) Each Public Services Agreement \[must\] \[shall\] include
appropriate obligations for the Provider to supply the Organization with
the information necessary to fulfil its tasks.**

**Article 5**

**Facilitation**

\(1\) ~~Any~~ Part~~y~~**ies** ~~in whose territory the Company's
headquarters are located~~ shall take appropriate measures~~, in
accordance with its national laws, as may be necessary**,**~~ to enable
~~the Company~~ **Providers** to ~~continue to provide GMDSS services
and~~ **meet the public interests** ~~observe the other basic
principles, as referred to in Article 3.~~

**\[(2) The Organization, \[by focusing on\] \[through\] \[taking into
account\] existing international, \[regional\] and national mechanisms
dealing with technical assistance, \[with the aim of seeking to\]
\[may\] \[shall\] assist Providers in their effort to ensure that all
areas, where there is a need, are provided with mobile satellite
communications services, in particular the rural and remote areas of
developing countries.\]**

####### Alternative proposal for paragraph (2)

**\[(2) Subject to support and funding by national, regional and
international mechanisms dealing with technical assistance or capacity
building in developing countries, the Organization can take measures or
steps to assist Providers in serving areas where there is a need for the
provision of global mobile satellite communication services, giving due
consideration in particular to the rural and remote areas of developing
countries.\]**

Article ~~5~~**6**

# Structure

The organs of the Organization shall be:

\(a\) The Assembly.

\(b\) A ~~Secretariat~~ **Directorate**, headed by a Director.

**ANNEX XII**

Page 6 of 12

Article ~~6~~**7**

[Assembly - Composition and Meetings]{.underline}

\(1\) The Assembly shall be composed of all the Parties.

\(2\) Regular sessions of the Assembly shall be held once every two
years. Extraordinary sessions shall be convened upon the request of
one‑third of the Parties or upon the request of the Director, or as may
be provided for in the Rules of Procedure for the Assembly.

\(3\) All Parties are entitled to attend and participate at meetings of
the Assembly, regardless of where the meeting may take place. The
arrangements made with any host country shall be consistent with these
obligations.

Article ~~7~~**8**

[Assembly ‑ Procedure]{.underline}

\(1\) Each Party shall have one vote in the Assembly.

\(2\) Decisions on matters of substance shall be taken by a two‑thirds
majority, and on procedural matters by a simple majority, of the Parties
present and voting. Parties which abstain from voting shall be
considered as not voting.

\(3\) Decisions whether a question is procedural or substantive shall be
taken by the Chairman. Such decisions may be overruled by a two‑thirds
majority of the Parties present and voting.

\(4\) A quorum for any meeting of the Assembly shall consist of a
**simple** majority of the Parties.

Article ~~8~~**9**

[Assembly ‑ Functions]{.underline}

The functions of the Assembly shall be:

\(a\) to consider and review the purposes, general policy and long term
objectives of the Organization and the activities of the **Providers**
~~Company~~ which relate to the **public interests** ~~basic principles,
set forth in Article 3, taking into account any recommendations made by
the Company thereon~~;

**ANNEX XII**

Page 7 of 12

\(b\) to take any steps or procedures necessary to ensure ~~observance
by the Company of~~ **that each Provider meets** the **public
interests** ~~basic principles, as provided for in Article 4~~**,**
including approval of the conclusion, modification and termination of
~~the~~ Public Services Agreement**s** ~~under Article 4(1)~~;

\(c\) to decide upon questions concerning formal relationships between
the Organization and States, whether Parties or not, and international
organizations;

\(d\) to decide upon any amendment to this Convention pursuant to
Article 18 thereof;

\(e\) to appoint a Director under Article ~~9~~**10** and to remove the
Director; and

\(f\) to exercise any other function conferred upon it under any other
Article of this Convention.

Article ~~9~~**10**

[~~Secretariat~~]{.underline} **Directorate**

\(1\) The term of appointment of the Director shall be for four years or
such other term as the Assembly decides.

**\[(2) The Director shall serve for a maximum of two \[consecutive\]
terms.\]**

~~(2)~~**(3)** The Director shall be the legal representative of the
Organization and Chief Executive Officer of the ~~Secretariat~~
**Directorate**, and shall be responsible to and under the direction of
the Assembly.

~~(3)~~**(4)** The Director shall, subject to the guidance and
instructions of the Assembly, determine the structure, staff levels and
standard terms of employment of officials and employees, and consultants
and other advisers to the ~~Secretariat~~ **Directorate**, and shall
appoint the personnel of the ~~Secretariat~~ **Directorate**.

~~(4)~~**(5)** The paramount consideration in the appointment of the
Director and other personnel of the ~~Secretariat~~ **Directorate**
shall be the necessity of ensuring the highest standards of integrity,
competency and efficiency.

**ANNEX XII**

Page 8 of 12

~~(5)~~**(6)** The Organization shall conclude, with any Party in whose
territory the Organization establishes the ~~Secretariat~~
**Directorate**, an agreement, to be approved by the Assembly, relating
to any facilities, privileges and immunities of the Organization, its
Director, other officers, and representatives of Parties whilst in the
territory of the host Government, for the purpose of exercising their
functions. The agreement shall terminate if the ~~Secretariat~~
**Directorate** is moved from the territory of the host Government.

~~(6)~~**(7)** All Parties, other than a Party which has concluded an
agreement referred to in paragraph ~~(5)~~**(6)**, shall conclude a
Protocol on the privileges and immunities of the Organization, its
Director, its staff, of experts performing missions for the Organization
and representatives of Parties whilst in the territory of Parties for
the purposes of exercising their functions. The Protocol shall be
independent of this Convention and shall prescribe the conditions for
its termination.

**\[**Article ~~10~~**11**

# Costs

\(1\) The Organization shall, in the Public Services Agreement**s**,
arrange for the costs associated with the following to be paid by the
**Providers** ~~Company~~:

\(a\) **the** ~~establishment and~~ operation of the ~~Secretariat~~
**Directorate**;

\(b\) the holding of Assembly sessions **\[and meetings of the Advisory
Committee and any other meetings which the Assembly may decide to
convene\]**; and

\(c\) the implementation of any measures taken by the Organization in
accordance with Article 4 to ensure that the **Provider** ~~Company
observes~~ **meets** the **public interests** ~~basic principles~~.

**(2) The costs defined in paragraph (1) shall be apportioned between
all Providers according to rules set up by the Assembly.**

(**3**) Each Party shall meet its own costs of representation at
Assembly meetings.**\]**

**ANNEX XII**

Page 9 of 12

Article ~~11~~**12**

[Liability]{.underline}

Parties are not, in their capacity as such, liable for the acts and
obligations of the Organization or the **Providers** ~~Company~~, except
in relation to non‑Parties or natural or juridical persons they might
represent in so far as such liability may follow from treaties in force
between the Party and the non‑Party concerned. However, the foregoing
does not preclude a Party which has been required to pay compensation
under such a treaty to a non‑Party or to a natural or juridical person
it might represent from invoking any rights it may have under that
treaty against any other Party.

Article ~~12~~**13**

[Legal Personality]{.underline}

The Organization shall have legal personality. For the purpose of its
proper functioning, it shall, in particular, have the capacity to
contract, to acquire, lease, hold and dispose of movable and immovable
property, to be a party to legal proceedings and to conclude agreements
with States or international organizations.

Article ~~13~~**14**

[Relationship with other International Organizations]{.underline}

The Organization shall cooperate with the United Nations and its bodies
dealing with the Peaceful Uses of Outer Space and Ocean Area, its
Specialized Agencies, as well as other international organizations, on
matters of common interest.

Article 15

[Settlement of Disputes]{.underline}

Disputes between Parties, or between Parties and the Organization,
relating to any matter arising under this Convention, should be settled
by negotiation between the parties concerned. If within one year of the
time any party has requested settlement, a settlement has not been
reached and if the parties to the dispute have not agreed either (a) in
the case of disputes between Parties to submit it to the International
Court of Justice; or (b) in the case of other disputes to some other
procedure for settling disputes, the dispute may, if the parties to the
dispute consent, be submitted to arbitration in accordance with the
Annex to this Convention.

**ANNEX XII**

Page 10 of 12

Article 16

[Consent to be Bound]{.underline}

\(1\) This Convention shall remain open for signature in London until
entry into force and shall thereafter remain open for accession. All
States may become Parties to the Convention 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.

\(2\) Ratification, acceptance, approval or accession shall be effected
by the deposit of the appropriate instrument with the Depositary.

\(3\) Reservations cannot be made to this Convention.

Article 17

[Entry into Force]{.underline}

\(1\) This Convention shall enter into force sixty days after the date
on which States representing 95 percent of the initial investment shares
have become Parties to the Convention.

\(2\) Notwithstanding paragraph (1), if the Convention has not entered
into force within thirty-six months after the date it was opened for
signature, it shall not enter into force.

\(3\) For a State which deposits an instrument of ratification,
acceptance, approval or accession after the date on which the Convention
has entered into force, the ratification, acceptance, approval or
accession shall take effect on the date of deposit.

**ANNEX XII**

Page 11 of 12

###### Article 18

[Amendments]{.underline}

\(1\) Amendments to this Convention may be proposed by any Party, and
shall be circulated by the Director to all other Parties ~~and to the
Company~~. The Assembly shall consider the amendment not earlier than
six months thereafter~~, taking into account any recommendation of the
Company~~. This period may in any particular case be reduced by the
Assembly by a substantive decision by up to three months.

\(2\) If adopted by the Assembly, the amendment shall enter into force
one hundred and twenty days after the Depositary has received notices of
acceptance from two‑thirds of those States which, at the time of
adoption by the Assembly, were Parties. Upon entry into force, the
amendment shall become binding upon those Parties that have accepted it.
For any other State which was a Party at the time of adoption of the
amendment by the Assembly, the amendment shall become binding on the day
the Depositary receives its notice of acceptance.

Article ~~14~~**19**

[Withdrawal]{.underline}

Any Party may, by written notification to the Depositary, withdraw
voluntarily from the Organization at any time, such withdrawal to be
effective upon receipt by the Depositary of such notification.

## Article 20

**Termination**

**The \[Convention and the functions of the Organization\] shall cease
to exist when the Assembly so decides, in accordance with Article
8(2).**

Article ~~19~~**21**

[Depositary]{.underline}

\(1\) The Depositary of this Convention shall be the Secretary‑General
of the International Maritime Organization.

\(2\) The Depositary shall promptly inform all Parties of:

\(a\) Any signature of the Convention.

**ANNEX XII**

Page 12 of 12

\(b\) The deposit of any instrument of ratification, acceptance,
approval or accession.

\(c\) The entry into force of the Convention.

\(d\) The adoption of any amendment to the Convention and its entry into
force.

\(e\) Any notification of withdrawal.

\(f\) Other notifications and communications relating to the Convention.

\(3\) Upon entry into force of an amendment to the Convention, 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 by their
respective Governments, have signed this Convention.

**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 and to the Government of any other State which
signs or accedes to this Convention.

\[Signatures omitted\]

\* \* \* \* \* \* \* \* \* \* \* \*

#### 

#### 

#### Annex to the Convention

**PROCEDURES FOR THE SETTLEMENT OF DISPUTES REFERRED TO**

**IN ARTICLE 15 OF THE CONVENTION**

In Articles 2, 3(1) and 5(11), the word "Secretariat" is replaced by
"Directorate"

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ANNEX XIII**

**STATEMENT BY THE UNITED KINGDOM**

(paragraph 7.2.3 of this Report refers)

The United Kingdom expressed doubt as to whether amending the Convention
in accordance with Article 18 would be legally sufficient to provide for
an [extension]{.underline} of IMSO's regulatory oversight to distinct
legal persons outside its jurisdiction by means of a Public Service
Agreement.

The primary concern of the United Kingdom is that if any Public Service
Agreement were found by a competent Court to be unenforceable, then the
Public Service Agreement with Inmarsat would also be considered void. As
a consequence, the steps we have taken to seek to guarantee the
provision of GMDSS by satellite would be undermined.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: ^\*^ Contact details: Mr René Guerrette: email:
    Guerrette.Rene@ic.gc.ca;

    phone: + 1613 990-4669; fax: + 1 613 998-4530