prop · GR0329 · 2003-12-17 00:00:00 — The requesting State Party shall ensure the prompt return of such equipment, material and property to the proper assisting State Party. 5.The requesting State Party shall not direct the deployment or use of any telecommunication resources provided pursuant to this Convention for purposes not directly related to predicting, preparing for, responding to, disasters. 6.Nothing in this Article shall require any requesting State Party to provide its nationals or permanent residents, or organizations headquartered or domiciled within its territory, with privileges and immunities. 7.Without prejudice to their. privileges and immunities in accordance with this Article, all persons entering the territory of a State Party for the purpose of providing telecommunication assistance or otherwise facilitating the use of telecommunication resources pursuant to this Convention, and all organizations providing telecommunication assistance or otherwise facilitating the use of telecommunication resources pursuant to this Convention, have a duty to respect the laws and regulations of that State Party. Such persons and organizations also shall have a duty not to interfere in the domestic affairs of the State Party into whose territory they have entered. 8.Nothing in this Article shall prejudice the rights and obligations with respect to privileges and immunities afforded to persons and organizations participating directly or indirectly in telecommunication assistance, pursuant to other international agreements (including the Convention on the Privileges and Immunities of the United Nations, adopted by the General on 13 February 1946, and the Convention on the Privileges and Immunities of the , adopted by the General on ) or international Prop. 1.The requesting State Party or the assisting State Party may, at any time, terminate telecommunication assistance received or provided under Article 4 by providing notification in writing. Upon such notification, the States Parties involved shall consult with each other to provide for the proper monitoring, mitigating the impact of or providing relief during and following and expeditious conclusion of the assistance, bearing in mind the impact of such termination on the risk to human life and ongoing disaster relief operations. 2.States Parties engaged in providing or receiving telecommunication assistance pursuant to this Convention shall remain subject to the terms of this Convention following the termination of such assistance. 3.Any State Party requesting termination of telecommunication assistance shall notify the operational coordinator of such request. The operational coordinator shall provide such assistance as is requested and necessary to facilitate the conclusion of the telecommunication assistance. Payment or Reimbursement of Costs or Fees 1.The States Parties may condition the provision of telecommunication assistance for disaster mitigation and relief upon agreement to pay or reimburse specified costs or fees, always bearing in mind the contents of paragraph 8 of this 2.When such condition exists, the States Parties shall set forth in writing, prior to the provision of telecommunication assistance: the requirement for payment or reimbursement; b)the amount of such payment or reimbursement or terms under which it shall be calculated; and c)any other terms, conditions or restrictions applicable to such payment or reimbursement, including, but not limited to, the currency in which such payment or reimbursement shall be made. 3.The requirements of paragraphs 2 b) and 2 c) of this Article may be satisfied by reference to published tariffs, rates or prices. 4.In order that the negotiation of payment and reimbursement agreements does not unduly delay the provision of telecommunication assistance, the operational coordinator shall develop, in consultation with the States Parties, a model payment and reimbursement agreement that may provide a of payment and reimbursement obligations under this Article. 5.No State Party shall be obligated to make payment or reimbursement of costs or fees under this Convention without having first expressed its consent to the terms provided by an assisting State Party pursuant to paragraph 2 of this Article. 6.When the provision of telecommunication assistance is properly conditioned upon payment or reimbursement of costs or fees under this Article, such payment or reimbursement shall be provided promptly after the assisting State Party has presented its request for payment or reimbursement. 7.Funds paid or reimbursed by a requesting State Party in association with the provision of telecommunication assistance shall be freely transferable out of the jurisdiction of the requesting State Party and shall not be delayed or withheld. 8.In determining whether to condition the provision of telecommunication assistance upon an agreement to pay or reimburse specified costs or fees, the amount of such costs or fees, and the terms, conditions and restrictions associated with their payment or reimbursement, the States Parties shall take into account, among other relevant factors: a)United Nations principles concerning humanitarian assistance; b)the nature of the disaster, natural hazard or health hazard; c)the impact, or potential impact, of the disaster; d)the place of origin of the disaster; e)the area affected, or potentially affected, by the disaster; f)the occurrence of previous disasters and the likelihood of future disasters in the affected area; g)the capacity of each State affected by the disaster, natural hazard or health hazard to prepare for, or respond to, such event; and h)the needs of developing countries. 9.This Article shall also apply to those situations in which telecommunication assistance is provided by a non-State entity or intergovernmental organization, provided that: a)the requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief; b)the non-State entity or intergovernmental organization providing such telecommunication assistance has notified to the requesting State Party its adherence to this Article and Articles 4 and 5; and c)the application of this Article is not inconsistent with any other agreement concerning the relations between the requesting State Party and the non-State entity or intergovernmental organization providing such telecommunication assistance. 1.Each State Party shall notify the operational coordinator of its authority(ies): a)responsible for matters arising under the terms of this Convention and authorized to request, offer, accept and terminate telecommunication assistance; and b)competent to identify the governmental, intergovernmental and/or non-governmental resources which could be made available to facilitate the use of telecommunication resources for disaster mitigation and relief, including the provision of telecommunication assistance. 2.Each State Party shall endeavour to inform the operational coordinator promptly of any changes in the information provided pursuant to this Article. 3.The operational coordinator may accept notification from a non-State entity or intergovernmental organization of its procedures for authorization to offer and terminate telecommunication assistance as provided in this Article. 4.A State Party, non-State entity or intergovernmental organization may, at its discretion, include in the material it deposits with the operational coordinator information about specific telecommunication resources and about plans for the use those resources to respond to a request for telecommunication assistance from a requesting State Party. 5.The operational coordinator shall maintain copies of all lists of authorities, and shall expeditiously disseminate such material to the States Parties, to other States, and to appropriate non-State entities and intergovernmental organizations, unless a State Party, non-State entity or intergovernmental organization has previously specified, in writing, that distribution of its material be restricted. The operational coordinator shall treat material deposited by non-State entities and intergovernmental organizations in a similar to material deposited by States Parties. 1.The States Parties shall, when possible, and in conformity with their national law, reduce or remove regulatory barriers to the use of telecommunication resources for disaster mitigation and relief, including to the provision of telecommunication assistance. 2.Regulatory barriers may include, but are not limited to: a)regulations restricting the import or export of telecommunication equipment; b)regulations restricting the use of telecommunication equipment or of radio-frequency spectrum; c)regulations restricting the movement of personnel who operate telecommunication equipment or who are essential to its effective use; d)regulations restricting the transit of telecommunication resources into, out of and through the territory of a State Party; and e)delays in the administration of such regulations. 3.Reduction of regulatory barriers may take the form of, but shall not be limited to: a)revising regulations; b)exempting specified telecommunication resources from the application of those regulations during the use of such resources for disaster mitigation and relief; c)pre-clearance of telecommunication resources for use in disaster mitigation and relief, in compliance with those regulations; 2003/04:29 d) recognition of foreign type-approval of Bilaga 1 telecommunication equipment and/or operating licenses; e)expedited review of telecommunication resources for use in disaster mitigation and relief, in compliance with those regulations; and f)temporary waiver of those regulations for the use of telecommunication resources for disaster mitigation and relief. 4.Each State Party shall, at the request of any other State Party, and to the extent permitted by its national law, facilitate the transit into, out of and through its territory of personnel, equipment, materials and information involved in the use of telecommunication resources for disaster mitigation and relief. 5.Each State Party shall notify the operational coordinator and the other States Parties, directly or through the operational coordinator, of: a)measures taken, pursuant to this Convention, for reducing or removing such regulatory barriers; b)procedures available, pursuant to this Convention, to States Parties, other States, non-State entities and/or intergovernmental organizations for the exemption of specified telecommunication resources used for disaster mitigation and relief from the application of such regulations, pre-clearance or expedited review of such resources in compliance with applicable regulations, acceptance of foreign type-approval of such resources, or temporary waiver of regulations otherwise applicable to such resources; and c)the terms, conditions and restrictions, if any, associated with the use of such procedures. 6.The operational coordinator shall regularly and expeditiously make available to the States Parties, to other States, to non-State entities and to intergovernmental organizations an up-to-date listing of such measures, their scope, and the terms, conditions and restrictions, if any, associated with their use. this Article shall permit the violation or abrogation of obligations and responsibilities imposed by national law, international law, or multilateral or bilateral agreements, including obligations and responsibilities concerning customs and export controls. This Convention shall not affect the rights and obligations of States Parties deriving from other international agreements or international law. 1.In the event of a dispute between States Parties concerning the interpretation or application of this Convention, the States Parties to the dispute shall consult each other for the purpose of settling the dispute. Such consultation shall begin promptly upon the written declaration, delivered by one State Party to another State Party, of the existence of a dispute under this Convention. The State Party making such a written declaration of the existence of a dispute shall promptly deliver a copy of such declaration to the depositary. 2.If a dispute between States Parties cannot be settled within six (6) months of the date of delivery of the written declaration to a State Party to the dispute, the States Parties to the dispute may request any other State Party, State, non-State entity or intergovernmental organization to use its good offices to facilitate settlement of the dispute. 3.If neither State Party seeks the good offices of another State Party, State, non-State entity or intergovernmental organization, or if the exercise of good offices fails to facilitate a settlement of the dispute within six (6) months of the request for such good offices being made, then either State Party to the dispute may: a)request that the dispute be submitted to binding Bilaga 1 arbitration; or b)submit the dispute to the International Court of for decision, provided that both States Parties to the dispute have, at the time of signing, ratifying or acceding to this Convention, or at any time thereafter, accepted the jurisdiction of the International Court of in respect of such disputes. 4.In the event that the respective States Parties to the dispute request that the dispute be submitted to binding arbitration and submit the dispute to the International Court of for decision, the submission to the International Court of have priority. 5.In the case of a dispute between a State Party requesting telecommunication assistance and a non-State entity or intergovernmental organization headquartered or domiciled outside of the territory of that State Party concerning the provision of telecommunication assistance under Article 4, the claim of the non-State entity or intergovernmental organization may be espoused directly by the State Party in which the non- State entity or intergovernmental organization is headquartered or domiciled as a State-to-State claim under this Article, provided that such espousal is not inconsistent with any other agreement between the State Party and the non-State entity or intergovernmental organization involved in the dispute. 6.When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 3 above. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 3 with respect to a State Party for which such a declaration is in force. This Convention shall be open for signature by all States which are members of the United Nations or of the at the Intergovernmental Conference on in on 18 1998, and thereafter at the headquarters of the United Nations, , from 22 1998 to 21 2003. 2.A State may express its consent to be bound by this Convention: a)by signature (definitive signature); b)by signature subject to ratification, acceptance or approval followed by deposit of an instrument of ratification, acceptance or approval; or c)by deposit of an instrument of accession. 3.The Convention shall enter into force thirty (30) days after the deposit of instruments of ratification, acceptance, approval or accession or definitive signature of thirty (30) States. 4.For each State which signs definitively or deposits an instrument of ratification, acceptance, approval or accession, after the requirement set out in paragraph 3 of this Article has been fulfilled, this Convention shall enter into force thirty (30) days after the date of the definitive signature or consent to be bound. 1.A State Party may propose amendments to this Convention by submitting such amendments to the depositary, which shall circulate them to the other States Parties for approval. 2.The States Parties shall notify the depositary of their approval or disapproval of such proposed amendments within one hundred and eighty (180) days of their receipt. 3.Any amendment approved by two-thirds of all States Parties shall be laid down in a Protocol which is open for signature at the depositary by all States Parties. 4.The Protocol shall enter into force in the same as this Convention. For each State which signs the Protocol definitively or deposits an instrument of ratification, acceptance, approval or accession, after the requirements for the entry into force of the Protocol have been fulfilled, the Protocol shall enter into force for such State thirty (30) days after the date of the definitive signature or consent to be bound. 1.When definitively signing, ratifying or acceding to this Convention or any amendment hereto, a State Party may make reservations. 2.A State Party may at any time withdraw its prior reservation by written notification to the depositary. Such withdrawal of a reservation becomes effective immediately upon notification to the depositary. 1.A State Party may denounce this Convention by written notification to the depositary. 2.Denunciation shall take effect ninety (90) days following the date of deposit of the written notification. Signed: 20 1971 Entered into Force: 12 February 1973 Signé : 2OAoUt 1971 Entrés en vigueur: 12 Février 1973 Firrnado: 20 deAgosto de 1971 Vigentes: 12 de Febrero de 1973 INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION ORGANISATION INTERNATIONALE DE TELECOMMUNICATIONS PAR SATELLITES ORGANIZACION INTERNACIONAL DE TELECOMUNICACIONES POR SATELITE Agreement Relating to the Organisation Includes the amendments to the Agreement approved by the Twenty- Fifth (Extraordinary) Assembly of Parties in , D.C., AGREEMENT RELATING TO THE INTERNATIONAL The States Parties to this Agreement, Considering the principle set forth in Resolution (XVI) of the General of the United Nations that communication by means of satellites should be available to the nations of the world as soon as practicable on a global and non-discriminatory basis, Considering the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the and Other Celestial Bodies, and in particular Article I, which states that outer space shall be used for the benefit and in the interests of all countries, Recognizing that the Organization has, in accordance with its original purpose, established a global satellite system for providing telecommunications services to all areas of the world, which has contributed to world peace and understanding, Taking into account that the 24th Assembly of Parties of the Organization decided to restructure and privatize by establishing a private company supervised by an intergovernmental organization, Acknowledging that increased competition in the provision of telecommunications services has made it necessary for the Organization to transfer its space system to the Company defined in Article 1(d) of this Agreement in order that the space system continues to be operated in a commercially viable , Intending that the Company will honor the set forth in Article III of this Agreement and will provide, on a commercial basis, the space segment required for international public telecommunications services of high quality and reliability, Having determined that there is a need for an intergovernmental supervisory organization, to which any State member of the United Nations or the may become a Party, to ensure that the Company fulfills the on a continuing basis, Agree as follows: For the purposes of this Agreement: (a)Agreement means the present agreement, including its , and any amendments thereto, but excluding all titles of Articles, opened for signature by Governments at on 20, 1971, by which the international telecommunications satellite organization is established; (b)Space segment means the telecommunications satellites, and the tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites; (c) Telecommunications means any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, optical or other electromagnetic systems; (d)Company means the private entity or entities established under the law of one or more States to which the international telecommunications satellite organizations space system is transferred and includes their successors-in-interest; (e)On a Commercial Basis means in accordance with usual and customary commercial practice in the telecommunications industry; (f)Public telecommunications services means fixed or mobile telecommunications services which can be provided by satellite and which are available for use by the public, such as telephony, telegraphy, telex, facsimile, data transmission, transmission of radio and television programs between approved earth stations having access to the Companys space segment for further transmission to the public, and leased circuits for any of these purposes; but excluding those mobile services of a type not provided under the Interim Agreement and the Special Agreement prior to the opening for signature of this Agreement, which are provided through mobile stations operating directly to a satellite which is designed, in whole or in part, to provide services relating to the safety or flight control of aircraft or to or radio navigation; (g)Interim Agreement means the Agreement Establishing Interim Arrangements for a System signed by Governments at on 20, 1964; (h)Lifeline Connectivity Obligation or LCO means the obligation assumed by the Company as set out in the LCO contract to provide continued telecommunications services to the LCO customer; (i)Special Agreement means the agreement signed on 20, 1964, by Governments or telecommunications entities designated by Governments, pursuant to the provisions of the Interim Agreement; (j)Agreement means the legally binding instrument through which ITSO ensures that the Company honors the ; (k)means those principles set forth in Article (l)Common Heritage means those frequency assignments associated with orbital locations in the process of advanced publication, coordination or registered on behalf of the Parties with the () in accordance with the provisions set forth in the ITUs Radio Regulations which are transferred to a Party or Parties pursuant to Article XII; (m)Global coverage means the maximum geographic coverage of the earth towards the northernmost and southernmost parallels visible from satellites deployed in geostationary orbital locations; (n)Global connectivity means the interconnection capabilities available to the Companys through the global coverage the Company provides in order to make communication possible within and between the five regions defined by the plenipotentiary conference of the ITU, held in in 1965; (o)Non-discriminatory access means fair and equal opportunity to access the Companys system; (p) Party means a State for which the Agreement has entered into force or has been provisionally applied; (q)Property includes every subject of whatever nature to which a right of ownership can attach, as well as contractual rights; (r)LCO means all qualifying for and entering into LCO contracts; and (s)Administration means any governmental department or agency responsible for compliance with the obligations derived from the Constitution of the , the Convention of the , and its Administrative Regulations. The Parties, with full regard for the principles set forth in the Preamble to this Agreement, establish the Organization, herein referred to as ITSO. (a)Taking into account the of the Company, the main purpose of ITSO is to ensure, through the Agreement, that the Company provides, on a commercial basis, international public telecommunications services, in order to ensure performance of the .