prop · GR0329 · 2003-12-17 00:00:00 — If provisional application terminates pursuant to subparagraph (ii) or (iii) of this paragraph, the provisions of paragraph (c) of Article XIV of this Agreement shall govern the rights and obligations of the Party (d) Upon entry into force, this Agreement shall replace and terminate the Interim Agreement. a) The official and working languages of ITSO shall he English, French and Spanish. (b)Internal regulations for the executive organ shall provide for the prompt distribution to all Parties of copies of any ITSO document in accordance with their requests. (c)Consistent with the provisions of Resolution (XVI) of the General of the United Nations, the executive organ shall send to the Secretary General of the United Nations, and to the concerned, for their information, an annual report on the activities of ITSO. (a)The Government of the of be the Depositary for this Agreement, with which shall be deposited declarations made pursuant to paragraph (b) of Article XVII of this Agreement, instruments of ratification, acceptance, approval or accession, requests for provisional application, and notifications of ratification, acceptance or approval of amendments, of decisions to withdraw from ITSO, or of termination of the provisional application of this Agreement. (b)This Agreement, of which the English, French and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary. The Depositary shall transmit certified copies of the text of this Agreement to all Governments that have signed it or deposited instruments of accession to it, and to the , and shall notify those Governments, and the , of signatures, of declarations made pursuant to paragraph (b) of Article XVII of this Agreement, of the deposit of instruments of ratification, acceptance, approval or accession, of requests for provisional application, of commencement of the sixty-day period referred to in paragraph (a) of Article XVIII of this Agreement, of the entry into force of this Agreement, of notifications of ratification, acceptance or approval of amendments, of the entry into force of amendments, of decisions to withdraw from ITSO, of withdrawals and of terminations of provisional application of this Agreement. Notice of the commencement of the sixty-day period shall be issued on the first day of that period. (c)Upon entry into force of this Agreement, the Depositary shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations. This Agreement shall be in effect for at least twelve years from the date of transfer of ITSOs space system to the Company. The Assembly of Parties may terminate this Agreement effective upon the twelfth anniversary of the date of transfer of ITSOs space system to the Company by a vote pursuant to Article LX(f) of the Parties. Such decision shall be deemed to be a matter of substance. IN WITNESS WHEREOF the Plenipotentiaries gathered together in the , who have submitted their full powers, found to be in good and due form, have signed this Agreement. DONE at , on the 20th day of , one thousand nine hundred and seventy one. Provisions on Procedures Relating to Settlement of Disputes The only disputants in arbitration proceedings instituted in accordance with this be those referred to in Article XVI of this Agreement. An arbitral tribunal of three members duly constituted in accordance with the provisions of this be competent to give a decision in any dispute cognizable pursuant to Article XVI of this Agreement. (a) Not later than sixty days before the opening date of the first and each subsequent ordinary meeting of the Assembly of Parties, each Party may submit to the executive organ the names of not more than two legal experts who will be available for the period from the end of such meeting until the end of the second subsequent ordinary meeting of the Assembly of Parties to serve as presidents or members of tribunals constituted in accordance with this . From such nominees the executive organ shall prepare a list of all the persons thus nominated and shall attach to this list any biographical particulars submitted by the nominating Party, and shall distribute such list to all Parties not later than thirty days before the opening date of the meeting in question. If for any reason a nominee becomes unavailable for selection to the panel during the sixty-day period before the opening date of the meeting of the Assembly of Parties, the nominating Party may, not later than fourteen days before the opening date of the meeting of the Assembly of Parties, substitute the name of another legal expert. (b)From the list mentioned in paragraph (a) of this Article, the Assembly of Parties shall select eleven persons to be members of a panel from which presidents of tribunals shall be selected, and shall select an alternate for each such member. Members and alternates shall serve for the period prescribed in paragraph (a) of this Article. If a member becomes unavailable to serve on the panel, he shall be replaced by his alternate. (c)For the purpose of designating a chairman, the panel shall be convened to meet by the executive organ as soon as possible after the panel has been selected. Members of the panel may participate in this meeting in person, or through electronic means. The quorum for a meeting of the panel shall be nine of the eleven members. The panel shall designate one of its members as its chairman by a decision taken by the affirmative votes of at least six members, cast in one or, if necessary, more than one secret ballot. The chairman so designated shall hold office as chairman for the rest of his period of office as a member of the panel. The cost of the meeting of the panel shall be regarded as an administrative cost of ITSO. (d)If both a member of the panel and the alternate for that member become unavailable to serve, the Assembly of Parties shall fill the vacancies thus created from the list referred to in paragraph (a) of this Article. A person selected to replace a member or alternate whose term of office has not expired shall hold office for the remainder of the term of his predecessor. Vacancies in the office of the chairman of the panel shall be filled by the panel by designation of one of its members in accordance with the procedure prescribed in paragraph (c) of this Article. (e)In selecting the members of the panel and the alternates in accordance with paragraph (b) or (d) of this Article, the Assembly of Parties shall seek to ensure that the composition of the panel will always be able to reflect an adequate geographical representation, as well as the principal legal systems as they are represented among the Parties. (f)panel member or alternate serving on an arbitral tribunal at the expiration of his term shall continue to serve until the conclusion of any arbitral proceeding pending before such tribunal. (a) petitioner wishing to submit a legal dispute to arbitration shall provide each respondent and the executive organ with a document which contains: (i) a statement which fully describes the dispute being submitted for arbitration, the reasons why each respondent is required to participate in the arbitration, and the relief being requested; (ii) a statement which sets forth why the subject matter of the dispute comes within the competence of a tribunal to be constituted in accordance with this , and why the relief being requested can be granted by such tribunal if it finds in favor of the petitioner; (iii) a statement explaining why the petitioner has been unable to achieve a settlement of the dispute within a reasonable time by negotiation or other means short of arbitration; (iv) in the case of any dispute for which, pursuant to Article XVI of this Agreement, the agreement of the disputants is a condition for arbitration in accordance with this , evidence of such (v) the name of the person designated by the petitioner to serve as a member of the tribunal. (b) The executive organ shall promptly distribute to each Party, and to the chairman of the panel, a copy of the document provided pursuant to paragraph (a) of this Article. (a)Within sixty days from the date copies of the document described in paragraph (a) of Article 4 of this have been received by all the respondents, the side of the respondents shall designate an individual to serve as a member of the tribunal. Within that period, the respondents may, jointly or individually, provide each disputant and the executive organ with a document stating their responses to the document referred to in paragraph (a) of Article 4 of this and including any counter-claims arising out of the subject matter of the dispute. The executive organ shall promptly furnish the chairman of the panel with a copy of any such document. (b)In the event of a failure by the side of the respondents to make such a designation within the period allowed, the chairman of the panel shall make a designation from among the experts whose names were submitted to the executive organ pursuant to paragraph (a) of Article 3 of this . (c)Within thirty days after the designation of the two members of the tribunal, they shall agree on a third person selected from the panel constituted in accordance with Article 3 of this , who shall serve as the president of the tribunal. In the event of failure to reach agreement within such period of time, either of the two members designated may inform the chairman of the panel, who, within ten days, shall designate a member of the panel other than himself to serve as president of the tribunal. (d)The tribunal is constituted as soon as the president is (a) If a vacancy occurs in the tribunal for reasons which the president or the remaining members of the tribunal decide are beyond the control of the disputants, or are compatible with the proper conduct of the arbitration proceedings, the vacancy shall be filled in accordance with the following provisions: (i) if the vacancy occurs as a result of the withdrawal of a member appointed by a side to the dispute, then that side shall select a replacement within ten days after the vacancy occurs; (ii) if the vacancy occurs as a result of the withdrawal of the president of the tribunal or of another member of the tribunal appointed by the chairman, a replacement shall be selected from the panel in the described in paragraph (c) or (b) respectively of Article 5 of this (b) If a vacancy occurs in the tribunal for any reason other than as described in paragraph (a) of this Article, or if a vacancy occurring pursuant to that paragraph is not filled, the remainder of the tribunal shall have the power, notwithstanding the provisions of Article 2 of this Amex, upon the request of one side, to continue the proceedings and give the final decision of the tribunal. (a)The tribunal shall decide the date and place of its sittings. (b)The proceedings shall be held in private and all material presented to the tribunal shall be confidential, except that ITSO and the Parties who are disputants in the proceedings shall have the right to be present and shall have access to the material presented. When ITSO is a disputant in the proceedings, all Parties shall have the right to be present and shall have access to the material presented. (c)In the event of a dispute over the competence of the tribunal, the tribunal shall deal with this question first, and shall give its decision as soon as possible. (d)The proceedings shall be conducted in writing, and each side shall have the right to submit written evidence in support of its allegations of fact and law. However, oral arguments and testimony may be given if the tribunal considers it appropriate. (e)The proceedings shall commence with the presentation of the case of the petitioner containing its arguments, related facts supported by evidence and the principles of law relied upon. The case of the petitioner shall be followed by the counter-case of the respondent. The petitioner may submit a reply to the counter-case of the respondent. Additional pleadings shall be submitted only if the tribunal determines they are necessary. (f)The tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute, provided the counter-claims are within its competence as defined in Article XVI of this Agreement. (g)If the disputants reach an agreement during the proceedings, the agreement shall be recorded in the form of a decision of the tribunal given by consent of the disputants. (h)At any time during the proceedings, the tribunal may terminate the proceedings if it decides the dispute is beyond its competence as defined in Article XVI of the Agreement. (i)The deliberations of the tribunal shall be secret. (j)The decisions of the tribunal shall be presented in writing and shall be supported by a written opinion. Its rulings and decisions must be supported by at least two members. A member dissenting from the decision may submit a separate written opinion. (k)The tribunal shall forward its decision to the executive organ, which shall distribute it to all Parties. (l)The tribunal may adopt additional rules of procedure, consistent with those established by this , which are necessary for the proceedings. If one side fails to present its case, the other side may call upon the tribunal to give a decision in its favor. Before giving its decision, the tribunal shall satisfy itself that it has competence and that the case is well- founded in fact and in law. not a disputant in a case, or ITSO, if it considers that it has a substantial interest in the decision of the case, may petition the tribunal for permission to intervene and become an additional disputant in If the tribunal determines that the petitioner has a substantial interest in the decision of the case, it shall grant the petition. Either at the request of a disputant, or upon its own initiative, the tribunal may appoint such experts as it deems necessary to assist it. Each Party and ITSO shall provide all information determined by the tribunal, either at the request of a disputant or upon its own initiative, to be required for the handling and determination of the dispute. During the course of its consideration of the case, the tribunal may, pending the final decision, indicate any provisional measures which it considers would preserve the respective rights of the disputants. (a)The decision of the tribunal shall be based on (i)this Agreement; and (ii)generally accepted principles of law. (b)The decision of the tribunal, including any reached by agreement of the disputants pursuant to paragraph (g) of Article 7 of this , shall be binding on all the disputants and shall be carried out by them in good faith. In a case in which ITSO is a disputant, and the tribunal decides that a decision of one of its organs is null and void as not being authorized by or in compliance with this Agreement, the decision of the tribunal shall be binding on all Parties. (c)In the event of a dispute as to the meaning or scope of its decision, the tribunal shall construe it at the request of any disputant. Unless the tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of the members of the tribunal, shall be borne in equal shares by each side. Where a side consists of more than one disputant, the share of that side shall be apportioned by the tribunal among the disputants on that side. Where ITSO is a disputant, its expenses associated with the arbitration shall be regarded as an administrative cost of ITSO. AMENDMENT TO THE OPERATING AGREEMENT The only amendment involves Article 23 (Entry Into Force) of the Operating Agreement; all other provisions remain unchanged: (a)This Operating Agreement shall enter into force for a Signatory on the date on which the Agreement enters into force, in accordance with paragraphs (a) and (d) or paragraphs (b) and (d) of Article XVIII of the Agreement, for the Party concerned. (b)This Operating Agreement shall be applied provisionally for a Signatory on the date on which the Agreement is applied provisionally, in accordance with paragraphs (c) and (d) of Article XVIII of the Agreement, for the Party concerned. (c)This Operating Agreement shall terminate either when the Agreement ceases to be in force or when amendments to the Agreement deleting references to the Operating Agreement enter into force, whichever is earlier. PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL MOBILE SATELLITE ORGANIZATION Entered into Force on 30 1983 Immunity of from Jurisdiction and Exemption from Taxes and Duties Funds, Currency and Securities Notification of Staff Members and Experts Observance of Laws and Regulations Signature, Ratification and Accession Entry into Force and Duration of Protocol Entry into Force and Duration for a State PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL MOBILE SATELLITE THE STATES PARTIES TO THIS PROTOCOL: HAVING REGARD to the Convention and the Operating Agreement on the Organization () opened for signature at on , and, in particular, to Articles 25 and 26(4) of the Convention; TAKING NOTE that has concluded a Headquarters Agreement with the Government of the of Great and Northern on 25 February 1980. CONSIDERING that the aim of this Protocol is to facilitate the achievement of the purpose of and to ensure the efficient performance of its functions; For the purposes of this Protocol: "Convention" means the Convention on the Organization (), including its , opened for signature at on Operating Agreement means the Operating Organization (), including its annex, opened for signature at on ; "Party to the Convention" means a State for which the Convention is in force; "Headquarters Party" means the Party to the Convention in whose territory has established its Signatory means either a Party to the Protocol or an entity designed by a Party to the Protocol for which the Operating Agreement is in force; "Party to the Protocol" means a State for which this Protocol is in force; "Staff member" means the Director General and any person employed full time by and subject to its staff regulations; (h)"Representatives" in the case of Parties to the Protocol, the Headquarters Party and Signatories, means representatives to and in each case means heads of delegations, alternates and advisers; (i)"Archives" includes all manuscripts, correspondence, documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and computer programmes, belonging to or held by ; (j)"Official activities" of means activities carried out by the Organization in pursuance of its purpose as defined in the Convention and includes its administrative activities; (k)"Expert" means a person other than a staff member appointed to carry out a specific task for or on behalf of and at its expense; (l)space segment means the satellites, and tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites, which are owned or leased by ; (l)"Property" means anything that can be the subject of a right of ownership, including contractual rights. Immunity of from Jurisdiction and Execution (1) Unless it has expressly waived immunity in a particular case, shall, within the scope of its official activities, have immunity from jurisdiction except in respect of: (a)its commercial activities; (b)a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to, or operated on behalf of, , or in respect of a traffic offence involving such means of transport; (c)the attachment, pursuant to the final order of a court of law, of the salaries and emoluments, including pension rights, owed by to a staff member, or a former staff member; (d)a counter-claim directly connected with judicial proceedings initiated by . (2)Notwithstanding paragraph (1), no action shall be brought in the courts of Parties to the Protocol against by Parties to the Convention, Signatories or persons acting for or deriving claims from any of them, relating to rights and obligations under the Convention or Operating Agreement. (3)(a) The space segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action, (b)All other property and assets of , wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph (3)(a) except in respect of (i)an attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings that may be brought against pursuant to paragraph (1); (ii)any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, ; expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation shall not prejudice the functions and operations of . The archives of shall be inviolable wherever located and by whomsoever held. Exemption from Taxes and Duties (1)Within the scope of its official activities, and its property and income shall be exempt from all national direct and other taxes not normally incorporated in the price of goods and services. (2)If , within the scope of its official activities, acquires goods or uses services of substantial value, and if the price of these goods or services includes taxes or duties, Parties to the Protocol shall, whenever possible, take appropriate measures to remit or reimburse the amount of such taxes or duties. (3)Within the scope of its official activities, shall be exempt from customs duties, taxes and related charges on the space segment and on equipment connected with the launching of satellites for use in the space segment. (4)Goods acquired by within the scope of its official activities shall be exempt from all prohibitions and restrictions on import or export. (5)No exemption shall be accorded in respect of taxes and duties which represent charges for specific services rendered. (6)No exemption shall be accorded in respect of goods acquired by, or services provided to, for the personal benefit of staff members. (7)Goods exempted under this Article shall not be transferred, hired out or lent, permanently or temporarily, or sold, except in accordance with conditions laid down by the Party to the Protocol which granted the exemption. (8)Payments from to Signatories, pursuant to the Operating Agreement, shall be exempt from national taxes by any Party to the Protocol, other than the Party which has designated the Signatory. Funds, Currency and Securities may receive and hold any kind of funds, currency or securities and dispose of them freely for any of its official activities. It may hold accounts in any currency to the extent required to meet its obligations. (1)With regard to its official communications and transfer of all its documents, shall enjoy in the territory of each Party to the Protocol treatment not less favourable than that generally accorded to equivalent intergovernmental organizations in the matter of priorities, rates and taxes on mails and all forms of telecommunications, as far as may be compatible with any international agreements to which that Party to the Protocol is a party. (2)With regard to its official communications, may employ all appropriate means of communication, including messages in code or cipher.