Protocol inzake de voorrechten en immuniteiten van de Internationale Organisatie voor Maritieme Satellieten

The States Parties to this Protocol,

Having regard to the Convention and the Operating Agreement on the International Maritime Satellite Organization (INMARSAT) opened for signature at London on 3 September 1976 and, in particular, to Articles 25 and 26(4) of the Convention;

Taking note that INMARSAT has concluded a Headquarters Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 25 February 1980;

Considering that the aim of this Protocol is to facilitate the achievement of the purpose of INMARSAT and to ensure the efficient performance of its functions;

Have agreed as follows:

Article 1. Use of Terms

For the purposes of this Protocol:

• (a). ,,Convention" means the Convention on the International Maritime Satellite Organization (INMARSAT), including its Annex, opened for signature at London on 3 September 1976;

• (b). ,,Operating Agreement" means the Operating Agreement on the International Maritime Satellite Organization (INMARSAT), including its Annex, opened for signature at London on 3 September 1976;

• (c). ,,Party to the Convention" means a State for which the Convention is in force;

• (d). ,,Headquarters Party" means the Party to the Convention in whose territory INMARSAT has established its headquarters;

• (e). ,,Signatory" means either a Party to the Protocol or an entity designated by a Party to the Protocol for which the Operating Agreement is in force;

• (f). ,,Party to the Protocol" means a State for which this Protocol is in force;

• (g). ,,Staff member" means the Director General and any person employed full time by INMARSAT and subject to its staff regulations;

• (h). ,,Representatives" in the case of Parties to the Protocol, the Headquarters Party and Signatories means representatives to INMARSAT and in each case means heads of delegations, alternates and advisers;

• (i). ,,Archives" includes all manuscripts, correspondence, documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and computer programmes, belonging to or held by INMARSAT;

• (j). ,,Official activities" of INMARSAT means activities carried out by the Organization in pursuance of its purpose as defined in the Convention and includes its administrative activities;

• (k). ,,Expert" means a person other than a staff member appointed to carry out a specific task for or on behalf of INMARSAT and at its expense;

• (I). “INMARSAT space segment" means the satellites, and tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites, which are owned or leased by INMARSAT;

• (m). ,,Property" means anything that can be the subject of a right of ownership, including contractual rights.

Article 2. Immunity of INMARSAT from Jurisdiction and Execution

• (a). its commercial activities;

• (b). a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to, or operated on behalf of, INMARSAT, or in respect of a traffic offence involving such means of transport;

• (c). the attachment, pursuant to the final order of a court of law, of the salaries and emoluments, including pension rights, owed by INMARSAT to a staff member, or a former staff member;

• (d). a counter-claim directly connected with judicial proceedings initiated by INMARSAT.

• (a). The INMARSAT space segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action.

• (b). All other property and assets of INMARSAT, wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph (3) (a), except in respect of:

• (i). an attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings that may be brought against INMARSAT pursuant to paragraph (1);

• (ii). any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, INMARSAT;

• (iii). expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation shall not prejudice the functions and operations of INMARSAT.

Article 3. Inviolability of Archives

The archives of INMARSAT shall be inviolable wherever located and by whomsoever held.

Article 4. Exemption from Taxes and Ditties

Article 5. Funds, Currency and Securities

INMARSAT may receive and hold any kind of funds, currency or securities and dispose of them freely for any of its official activities. It may hold accounts in any currency to the extent required to meet its obligations.

Article 6. Official Communications and Publications

Article 7. Staff Members

• (a). immunity from jurisdiction, even after they have left the service of INMARSAT, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; this immunity shall not, however, apply in the case of a traffic offence committed by a staff member, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

• (b). exemption, together with members of their families forming part of their respective households, from any obligations in respect of national service, including military service;

• c). inviolability for all their official papers related to the exercise of their functions within the scope of the official activities of INMARSAT;

• (d). exemption, together with members of their families forming part of their respective households, from immigration restrictions and alien registration;

• (e). the same treatment in the matter of currency and exchange control as is accorded to staff members of intergovernmental organizations;

• (f). together with members of their families forming part of their respective households, the same facilities as to repatriation in time of international crisis as are accorded to staff members of intergovernmental organizations;

• (g). the right to import free of duty their furniture and personal effects, including a motor vehicle, at the time of first taking up their post in the State concerned, and the right to export them free of duty on termination of their functions in that State, in both cases in accordance with the laws and regulations of the State concerned. However, except in accordance with such laws and regulations, goods which have been exempted under this sub-paragraph shall not be transferred, hired out or lent, permanently or temporarily, or sold.

Article 8. Director General

• (a). immunity from arrest and detention;

• (b). immunity from civil and administrative jurisdiction and execution enjoyed by diplomatic agents, except in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

• (c). full immunity from criminal jurisdiction, except in the case of a traffic offence caused by a motor vehicle or other means of transport belonging to, or driven by him, subject to sub-paragraph (a) above.

Article 9. Representatives of Parties

• (a). immunity from any form of arrest or detention or detention pending trial;

• (b). immunity from jurisdiction, even after the termination of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be no immunity in the case of a traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

• (c). inviolability for all their official papers;

• (d). exemption, together with members of their families forming part of their respective households, from immigration restrictions and alien registration;

• (e). the same treatment in the matter of currency and exchange control as is accorded to representatives of foreign governments on temporary official missions;

• (f). the same treatment in the matter of customs as regards their personal luggage as is accorded to representatives of foreign governments on temporary official missions.

Article 10. Representatives of Signatories

• (a). immunity from jurisdiction, even after the termination of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be not immunity in the case of traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

• (b). inviolability for all their official papers;

• (c). exemption, together with members of their families forming part of their respective households, from immigration restrictions and alien registration.

Article 11. Experts

• (a). immunity from jurisdiction, even after the termination of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; however, there shall be no immunity in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

• (b). inviolability for all their official papers;

• (c). the same treatment in the matter of currency and exchange control as is accorded to the staff members of intergovernmental organizations;

• (d). exemption, together with members of their families forming part of their respective households, from immigration restrictions and alien registration;