Decreto-Lei n.º 124/72 — Aprova, para ratificação, o Acordo Relativo à Organização Internacional de Telecomunicações por Satélites (Intelsat)…

«Agreement» means the present Agreement, including its Annexes but excluding all titles of articles, opened for signature by Governments at Washington on August 20, 1971, by which the International Telecommunications Satellite Organization (Intelsat) is established;

«Operating Agreement» means the Agreement, including its Annex, but excluding all titles of articles, opened for signature at Washington on August 20, 1971, by Governments or telecommunications entities designated by Governments in accordance with the provisions of this Agreement;

«Interim Agreement» means the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System, signed by Governments at Washington on August 20, 1964;

«Special Agreement» means the agreement signed ou August 20, 1964, by Governments or telecommunications entities designated by Governments, pursuant to the provisions of the Interim Agreement;

«Interim Communications Satellite Committee» means the Committee established by article IV of the Interim Agreement;

«Party» means a State for which the Agreement has entered into force or been provisionally applied;

«Signatory» means a Party, or the telecommumcations entity designated by a Party, which has signed the Operating Agreement and for which it has entered into force or been provisionally applied;

«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;

«Intelsat space segment» means the space segment owned by Intelsat;

«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;

«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 Intelsat 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 aviation or maritime radio navigation;

«Specialized telecommunications services» means telecommunications services which can be provided by satellite, other that those defined in paragraph k) of this article, including, but not limited to, radio navigation services, broadcasting satellite services for reception by the general public, space research services, meteorological services, and earth resources services;

«Property» includes every subject of whatever nature to which a right of ownership can attach, as well as contractual rights; and

«Design» and «development» include research directly related to the purposes of Intelsat.

With full regard for the principles set forth in the Preamble to this Agreement, the Parties hereby establish the International Telecommunications Satellite Organization (Intelsat), the main purpose of which is to continue and carry forward on a definitive basis the design, development, construction, establishment, operation and maintenance of the space segment of the global commercial telecommunications satellite system as established under the provisions of the Interim Agreement and the Special Agreement.

Each State Party shall sign, or shall designate a telecommunications entity, public or private, to sign, the Operating Agreement which shall be concluded in conformity with the provisions of this Agreement and which shall be opened for signature at the same time as this Agreement. Relations between any telecommunications entity, acting as Signatory, and the Party witch has designated it shall be governed by applicable domestic law.

Telecommunications administrations and entities may, subject to applicable domestic law, negotiate and enter directly into appropriate traffic agreements with respect to their use of channels of telecommunications provided pursuant to this Agreement and the Operating Agreement, as well as services to be furnished to the public, facilities, divisions of revenue and related business arrangements.

In continuing and carrying forward on a definitive basis activities concerning the space segment of the global commercial telecommunications satellite system referred to in paragraph a) of article II of this Agreement, Intelsat shall have as its prime objective the provision, on a commercial basis, of the space segment required for international public telecommunications services of high quality and reliability to be available on a non-discriminatory basis to all areas of the world.

The following shall be considered on the same basis as international public telecommunications services:

Domestic public telecommunications services between areas separated by areas not under the jurisdiction of the State concerned, or between areas separated by the high seas; and

The Intelsat space segment established to meet the prime objective shall also be made available for other domestic public telecommunications services on a nondiscriminatory basis to the extent that the ability of Intelsat to achieve its prime objective is not impaired.

The Intelsat space segment may also, on request and under appropriate terms and conditions, be utilized for the purpose of specialized telecommunications services, either international or domestic, other than for military purposes, provided that:

The provision of public telecommunications services is not unfavorably affected hereby; and

Intelsat may, on request and under appropriate terms and conditions, provide satellites or associated facilities separate from the Intelsat space segment for:

Domestic public telecommunications services in territories under the jurisdiction of one or more Parties;

The utilization of the Intelsat space segment for specialized telecommunications services pursuant to paragraph d) of this article, and the provisions of satellites or associated facilities separate from the Intelsat space segment pursuant to paragraph e) of this article, shall be covered by contracts entered into between Intelsat and the applicants concerned. The utilization of Intelsat space segment facilites for specialized telecommunications services pursuant to paragraph d) of this article, and the provision of satellites or associated facilities separate from the Intelsat space segment for specialized telecommunications services pursuant to subparagraph e) - iii) of this article, shall be in accordance with appropriate authorizations, at the planning stage, of the Assembly of Parties pursuant to subparagraph c) - iv) of article VII of this Agreement. Where the utilization of Intelsat space segment facilities for specialized telecommunications services would involve additional costs which result from required modifications to existing or planned Intelsat space segment facilities, or where the provision of satellites or associated facilities separate from the Intelsat space segment is sought for specialized telecommunications services as provided for in subparagraph e) - iii) of this article, authorization pursuant to subparagraph c) - iv) of article VII of this Agreement shall be sought from the Assembly of Parties as soon as the Board of Governors is in a position to advise the Assembly of Parties in detail regarding the estimated cost of the proposal, the benefits to be derived, the technical or other problems involved and the probable effects on present or foreseeable Intelsat services. Such authorization shall be obtained before the procurement process for the facility or facilities involved is initiated. Before making such authorizations, the Assembly of Parties, in appropriate cases, shall consult or ensure that there has been consultation by Intelsat with specialized agencies of the United Nations directly concerned with the provision of the specialized telecommunications services in question.

Intelsat shall possess juridical personality. It shall enjoy the full capacity necessary for the exercise of its functions and the achievement of its purposes, including the capacity to:

Conclude agreements with States or international organizations;

Each Party shall take such action as is necessary within its jurisdiction for the purpose of making effective in terms of its own law the provisions of this article.

Intelsat shall be the owner of the Intelsat space segment and of all other property acquired by Intelsat. The financial interest in Intelsat of each Signatory shall be equal to the amount arrived at by the application of its investment share to the valuation effected pursuant to article 7 of the Operating Agreement.

Each Signatory shall have an investment share corresponding to its percentage of all utilization of the Intelsat space segment by all Signatories as determined in accordance with the provisions of the Operating Agreement. However, no Signatory, even if its utilization of the Intelsat space segment is nil, shall have an investment share less than the minimum established in the Operating Agreement.

Each Signatory shall contribute to the capital requirements of Intelsat, and shall receive capital repayment and compensation for use of capital in accordance with the provisions of the Operating Agreement.

All users of the Intelsat space segment shall pay utilization charges determined in accordance with the provisions of this Agreement and the Operating Agreement. The rates of space segment utilization charge for each type of utilization shall be the same for all applicants for space segment capacity for that type of utilization.

The separate satellites and associated facilities referred to in paragraph e) of article III of this Agreement may be financed and owned by Intelsat as part of the Intelsat space segment upon the unanimous approval of all the Signatories. If such approval is withheld, they shall be separate from the Intelsat space segment and shall be financed and owned by those requesting them. In this case the financial terms and conditions set by Intelsat shall be such as to cover fully the costs directly resulting from the design, development, construction and provision of such separate satellites and associated facilities as well as an adequate part of the general and administrative costs of Intelsat.

Intelsat shall have the following organs:

The Assembly of Parties;

Except to the extent that this Agreement or the Operating Agreement specifically provides otherwise, no organ shall make determinations or otherwise act in such a way as to alter, nullify, delay or in any other manner interfere with the exercise of a power or the discharge of a responsibility or a function attributed to another organ by this Agreement or the Operating Agreement.

Subject to paragraph b) of this article, the Assembly of Parties, the Meeting of Signatories and the Board of Governors shall each take note of and give due and proper consideration to any resolution, recommendation or view made or expressed by another of these organs acting in the exercise of the responsibilities and functions attributed to it by this Agreement or the Operating Agreement.

The Assembly of Parties shall be composed of all the Parties and shall be the principal organ of Intelsat.

The Assembly of Parties shall give consideration to those aspects of Intelsat which are primarily of interest to the Parties as sovereign States. It shall have the power to give consideration to general policy and long-term objectives of Intelsat consistent with the principles, purposes and scope of activities of Intelsat, as provided for in this Agreement. In accordance with paragraphs b) and c) of article VI of this Agreement, the Assembly of Parties shall give due and proper consideration to resolutions, recommendations and views addressed to it by the Meeting of Signatories or the Board of Governors.

The Assembly of Parties shall have the following functions and powers:

In the exercise of its power of considering general policy and long-term objectives of Intelsat, to formulate its views of make recommandations, as it may deem appropriate, to the other organs of Intelsat;

To review, in order to ensure the application of the principle of non-discrimination, the general rules established pursuant to subparagraph b) - v) of article VIII of this Agreement;

To consider complaints submitted to it by Parties;

The first ordinary meeting of the Assembly of Parties shall be convened by the secretary general within one year following the date on which this Agreement enters into force. Ordinary meetings shall thereafter be scheduled to be held every two years. The Assembly of Parties, however, may decide otherwise from meeting to meeting.

• i) In addition to the ordinary meetings provided for in paragraph d) of this article, the Assembly of Parties may meet in extraordinary meetings, which may be convened either upon request of the Board of Governors acting pursuant to the provisions of article XIV or XVI of this Agreement, or upon the request of one or more Parties which receives the support of at least onethird of the Parties including the requesting Party or Parties;

A quorum for any meeting of the Assembly of Parties shall consist of representatives of a majority of the Parties. Each Party shall have one vote. Decisions on matters of substance shall be taken by an affirmative vote cast by at least two-thirds of the Parties whose representatives are present and voting. Decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority of the Parties whose representatives are present and voting. Disputes whether a specific matter is procedural or substantive shall be decided by a vote cast by a simple majority of the Parties whose representatives are present and voting. Disputes whether a specific matter is procedural or substantive shall be decided by a vote cast by a simple majority of the Parties whose representatives are present and voting.

The Assembly of Parties shall adopt its own rules of procedure, which shall include provision for the election of a chairman and other officers.

Each Party shall meet its own casts of representation at a meeting of the Assembly of Parties. Expenses of meetings of the Assembly of Parties shall be regarded as an administrative cost of Intelsat for the purpose of article 8 of the Operating Agreement.

The Meeting of Signatories shall be composed of all the Signatories. In accordance with paragraphs b) and c) of article VI of this Agreement, the Meeting of Signatories shall give due and proper consideration to resolutions, recommendations and views addressed to it by the Assembly of Parties or the Board of Governors.

The Meeting of Signatories shall have the following functions and powers:

To consider and express its views to the Board of Governors on the annual report and annual financial statements submitted to it by the Board of Governors;

To establish general rules, upon the recommendation of and for the guidance of the Board of Governors, concerning:

To consider and express its views on the report on permanent management arrangements submitted by the Board of Governors to the Assembly of Parties pursuant to paragraph g) of article XII of this Agreement;

The first ordinary meeting of the Meeting of Signatories shall be convened by the secretary general at the request of the Board of Governors within nine months after the entry into force of this Agreement. Thereafter an ordinary meeting shall be held in every calendar year.

• i) In addition to the ordinary meetings provided for in paragraph c) of this article, the Meeting of Signatories may hold extraordinary meetings, which may be convened either upon the request of the Board of Governors or upon the request of one or more Signatories which receives the support of at least one-third of the Signatories including the requesting Signatory or Signatories;

A quorum for any meeting of the Meeting of Signatories shall consist of representatives of a majority of the Signatories. Each Signatory shall have one vote. Decisions on matters of substance shall be taken by an affirmative vote cast by at least two-thirds of the Signatories whose representatives are present and voting. Decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority of the Signatories whose representatives are present and voting. Disputes whether a specific matter is procedural or substantive shall be decided by a vote cast by a simple majority of the Signatories whose representatives are present and voting.

The Meeting of Signatories shall adopt its own rules of procedure, which shall include provision for the election of a chairman and other officers.

Each Signatory shall meet ist own costs of representation at meetings of the Meeting of Signatories. Expenses of meetings of the Meeting of Signatories shall be regarded as an administrative cost of Intelsat for the purpose of article 8 of the Operating Agreement.

The Board of Governors shall be composed of:

One governor representing each Signatory whose investment share is not less than the minimum investment share as determined in accordance whit paragraph b) of this article;

• i) During the period between the entry into force of this Agreement and the first meeting of the Meeting of Signatories, the minimum investment share that will entitle a Signatory or group of Signatories to be represented on the Board of Governors shall be equal to the investment share of the Signatory holding position thirteen in the list of the descending order of size of initial investment shares of all the Signatories;

For the purpose of the provisions of subparagraphs iii) and iv) of this paragraph, the governors selected in accordance with subparagraph a) - iii) of this article shall not be taken into consideration;

Whenever a Signatory or group of Signatories fulfills the requirements for representation pursuant to subparagraph a) - i), ii) or iii) of this article, it shall be entitled to be represented on the Board of Governors. In the case of any group of Signatories referred to in subparagraph a) - iii) of this ar icle, such entitlement shall become effective upon receipt by the executive organ of a written request from such group, provided, however, that the number of such groups represented on the Board of Governors has not, at the time of receipt of any such written request reached the applicable limitations prescribed in subparagraph a) - iii) of this article. If at the time of receipt of any such written request representation on the Board of Governors pursuant to subparagraph a) - iii) of this article has reached the applicable limitations prescribed therein, the group of Signatories may submit its request to the next ordinary meeting of the Meeting of Signatories for a determination pursuant to paragraph d) of this article.

Upon the request of any group or groups of Signatories referred to in subparagraph a) - iii) of this article, the Meeting of Signatories shall annually determine which of these groups shall be or continue to be represented on the Board of Governors. For this purpose, if such groups exceed two for any one region defined by the International Telecommunication Union, or five for all such regions, the Meeting of Signatories shall first select the group which has the highest combined investment share from each such region from which there has been submitted a written request pursuant to paragraph c) of this article. If the number of groups so selected is less than five the remaining groups which are to be represented shall be selected in decreasing order of the combined investment shares of each group, without exceeding the applicable limitations prescribed in subparagraph a) - iii) of this article.

In order to ensure continuity within the Board of Governors, every Signatory or group of Signatories represented pursuant to subparagraph a) - i), ii) ou iii) of this article shall remain represented, either individually or as part of such group, until the next determination made in accordance with paragraph b) or d) of this article, regardless of the changes that may occur in its or their investment shares as the result of any adjustment of investment shares. However, representation as part of a group constituted pursuant to subparagraph a) - ii) or iii) of this article shall cease if the withdrawal from the group of one or more Signatories would make the group ineligible to be represented on the Board of Governors pursuant to this article.

Subject to the provisions of paragraph g) of this article, each Governor shall have a voting participation equal to that part of the investment share of the Signatory, or group of Signatories, he represents, which is derived from the utilization of the Intelsat space segment for services of the following types:

International public telecommunications services;

For the purposes of paragraph f) of this article, the following arrangements shall apply:

In the case of a Signatory which is granted a lesser investment share in accordance with the provisions of paragraph d) of article 6 of the Operating Agreement, the reduction shall apply proportionately to all types of its

For the purposes of composition of the Board of Governors and calculation of the voting participation of governors, the investment shares determined pursuant to subparagraph c) - ii) of article 6 of the Operating Agreement shall take effect from the first day of the ordinary meeting of the Meeting of Signatories following such determination.

A quorum for any meeting of the Board of Governors shall consist of either a majority of the Board of Governors, which majority shall have at least two-thirds of the total voting participation of all Signatories and groups of Signatories represented on the Board of Governors, or else the total number constituting the Board of Governors minus three, regardless of the amount of voting participation they represent.

The Board of Governors shall endeavor to take decisions unanimously. However, if it fails to reach unanimous agreement, it shall take decisions:

On all substantive questions, either by an affirmative vote cast by at least four governors having at least two-thirds of the total voting participation of all Signatories and groups of Signatories represented on the Board of Governors taking into account the distribution of the excess referred to in subparagraph g) - iv) of this article, or else by an affirmative vote cast by at least the total number constituting the Board of Governors minus three, regardless of the amount of voting participation they represent;

Disputes whether a specific question is procedural or substantive shall be decided by the chairman of the Board of Governors. The decision of the chairman may be overruled by a two-thirds majority of the governors present and voting, each having one vote.

The Board of Governors, if it deems appropriate, may create advisory committees to assist it in the performance of its responsibilities.

The Board of Governors shall adopt its own rules of procedure, which shall include the method of election of a chairman and such other officers as may be required. Notwithstanding the provisions of paragraph j) of this article, such rules may provide for any method of voting in the election of officers which the Board of Governors deems appropriate.

The first meeting of the Board of Governors shall be convened in accordance with paragraph 2 of the Annex to the Operating Agreement. The Board of Governors shall meet as often as is necessary but at least four times a year.

The Board of Governors shall have the responsibility for the design, development, construction, establishment, operation and maintenance of the Intelsat space segment and, pursuant to this Agreement, the Operating Agreement and such determinations that in this respect may have been made by the Assembly of Parties pursuant to article VII of this Agreement, for carrying out any other activities which are undertaken by Intelsat. To discharge the foregoing responsibilities, the Board of Governors shall have the powers and shall exercise the functions coming within its purview according to the provisions of this Agreement and the Operating Agreement, including:

Adoption of policies, plans and programs in connection with the design, development, construction, establishment, operation and maintenance of the Intelsat space segment and, as appropriate, in connection with any other activities which Intelsat is authorized to undertake;

Formulation of recommendations to the Meeting of Signatories in relation to the establishment of the general rules referred to in subparagraph b) - v) of article VIII of this Agreement;

Direction of the negotiation with the Party in whose territory the headquarters of Intelsat is situated, and submission to the Assembly of Parties for decision thereon, of the Headquarters Agreement covering privileges, exemptions and immunities, referred to in paragraph c) of articles xv of this Agreement;

In accordance with the provisions of paragraphs b) and c) of article VI of this Agreement, the Board of Governors shall:

Give due and proper consideration to resolutions, recommendations and views addressed to it by the Assembly of Parties or the Meeting of Signatories; and

The executive organ shall be headed by the director general and shall have its organizational structure implemented not later than six years after the entry into force of this Agreement.

• i) The director general shall be the chief executive and the legal representative of Intelsat and shall be directly responsible to the Board of Governors for the performance of all management functions;

• i) The permanent management arrangements shall be consistent with the basic aims and purposes of Intelsat, its international character and its obligation to provide on a commercial basis telecommunications facilities of high quality and reliability;

• i) The Board of Governors shall designate a senior officer of the executive organ to serve as the acting director general whenever the director general is absent or is unable to discharge his duties, or if the office of director general should become vacant. The acting director general shall have the capacity to exercise all the powers of the director general pursuant to this Agreement and the Operating Agreement. In the event of a vacancy, the acting director general shall serve in that capacity until the assumption of office by a director general appointed and confirmed, as expeditiously as possible, in accordance with subparagraph b) - iii) of this article;

As a matter of priority after entry into force of this Agreement, the Board of Governors shall:

Appoint the secretary general and authorize the necessary support staff;

The secretary general shall be the legal representative of Intelsat until the first director general shall have assumed office. In accordance with the policies and directives of the Board of Governors, the secretary general shall be responsible for the performance of all management services other than those which are to be provided under the terms of the management services contract concluded pursuant to paragraph e) of this article including those specified in Annex A to this Agreement. The secretary general shall keep the Board of Governors fully and currently informed on the performance of the management services contractor under its contract. To the extent practicable, the secretary general shall be present at or represented at and observe, but not participate in, major contract negotiations conducted by the management services contractor on behalf of Intelsat. For this purpose the Board of Governors may authorize the appointment to the executive organ of a small number of technically qualified personnel to assist the secretary general. The secretary general shall not be interposed between the Board of Governors and the management services contractor nor shall he exercise a supervisory role over the said contractor.

The paramount consideration in the appointment of the secretary general and in the selection of other personnel of the executive organ shall be the necessity of ensuring the highest standards of integrity, competency and efficiency. The secretary general and the personnel of the executive organ shall refrain from any action incompatible with their responsibilities to Intelsat. The secretary general may be removed from office for cause by the Board of Governors. The office of secretary general shall cease to exist on the assumption of office by the first director general.

• i) The Board of Governors shall designate a senior officer of the executive organ to serve as the acting secretary general whenever the secretary general is absent or is unable to discharge his duties, or if the office of secretary general should become vacant. The acting secretary general shall have the capacity to exercise all the powers of the secretary general pursuant to this Agreement and the Operating Agreement. In the event of a vacancy, the acting secretary general shall serve in that capacity until the assumption of office by a secretary general, who shall be appointed by the Board of Governors as expeditiously as possible;

The contract referred to in subparagraph a) - ii) of this article shall be between the Communications Satellite Corporation, referred to in this Agreement as «the management services contractor», and Intelsat, and shall be for the performance of technical and operational management services for Intelsat, as specified in Annex B to this Agreement and in accordance with the guidelines set out therein, for a period terminating at the end of the sixth year after the date of entry into force of this Agreement. The contract shall contain provisions for the management services contractor:

To act pursuant to relevant policies and directives of the Board of Governors;

The study referred to in subparagraph a)-iii) of this article shall be commenced as soon as possible and, in any event, within one year after entry into force of this Agreement. It shall be conducted by the Board of Governors and shall be designed to provide the information necessary for the determination of the most efficient and effective permanent management arrangements consistent with the provisions or article XI of this Agreement. The study shall, among other matters, give due regard to:

The principles set forth in subparagraph c) - i) of article XI and the policy expressed in subparagraph c) - ii) of article XI of this Agreement;

Reports commissioned from not less than three professional management consultants from various parts of the world.

Not later than four years after the entry into force of this Agreement, the Board of Governors shall submit to the Assembly of Parties a comprehensive report, which incorporates the results of the study referred to in subparagraph a) - iii) of this article, and which includes the recommendations of the Board of Governors for the organizational structure of the executive organ. It shall also transmit copies of this report to the Meeting of Signatories and to all Parties and Signatories as soon as it is available.

By not later than five years after entry into force of this Agreement, the Assembly of Parties, after having considered the report of the Board of Governors referred to in paragraph g) of this article and any views which may have been expressed by the Meeting of Signatories thereon, shall adopt the organizational structure of the executive organ which shall be consistent with the provisions of article XI of this Agreement.

The director general shall assume office one year before the end of the management services contract referred to in subparagraph a) - ii) of this article or by December, 31, 1976, whichever is earlier. The Board of Governors shall appoint the director general, and the Assembly of Parties shall act upon the confirmation of the appointment, in time to enable the director general to assume office in accordance with this paragraph. Upon his assumption of office, the director general shall be responsible for all management services, including the performance of the functions performed by the secretary general up to that time, and for the supervision of the performance of the management services contractor.

The director general, acting under relevant policies and directives of the Board of Governors, shall take all necessary steps to ensure that the permanent management arrangements are fully implemented not later than the end of the sixth year after the date of entry into force of this Agreement.

Subject to this article, procurement of goods and services required by Intelsat shall be effected by the award of contracts, based on responses to open international invitations to tender, to bidders offering the best combination of quality, price and the most favorable delivery time. The services to which this article refers are those provided by juridical persons.

If there is more than one bid offering such a combination, the contract shall be awarded so as to stimulate, in the interests of Intelsat, world-wide competition.

The requirement of open international invitations to tender may be dispensed with in those cases specifically referred to in article 16 of the Operating Agreement.

The Parties and Signatories shall exercise their rights and meet their obligations under this Agreement in a manner fully consistent with and in furtherance of the principles stated in the Preamble and other provisions of this Agreement.

All Parties and all Signatories shall be allowed to attend and participate in all conferences and meetings, in which they are entitled to be represented in accordance with any provisions of this Agreement or the Operating Agreement, as well as in any other meeting called by or held under the auspices of Intelsat, in accordance with the arrangements made by Intelsat for such meetings regardless of where they may take place. The executive organ shall ensure that arrangements with the host Party or Signatory for each such conference or meeting shall include a provision for the admission to the host country and sojourn for the duration of such conference or meeting, of representatives of all Parties and all Signatories entitled to attend.

To the extent that any Party or Signatory or person within the jurisdiction of a Party intends to establish, acquire or utilize space segment facilities separate from the Intelsat space segment facilities to meet its domestic public telecommunications services requirements, such Party or Signatory, prior to the establishment, acquisition or utilization of such facilities, shall consult the Board of Governors, which shall express, in the form of recommendations, its findings regarding the technical compatibility of such facilities and their operation with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment.

To the extent that any Party or Signatory or person within the jurisdiction of a Party intends individually or jointly to establish, acquire or utilize space segment facilities separate from the Intelsat space segment facilities to meet its international public telecommunications services requirements, such Party or Signatory, prior to the establishment, acquisition or utilization of such facilities, shall furnish all relevant information to and shall consult with the Assembly of Parties, through the Board of Governors, to ensure technical compatibility of such facilities and their operation with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment and to avoid significant economic harm to the global system of Intelsat. Upon such consultation, the Assembly of Parties, taking into account the advice of the Board of Governors, shall express, in the form of recommendations, its findings regarding the considerations set out in this paragraph, and further regarding the assurance that the provision or utilization of such facilities shall not prejudice the establishment of direct telecommunication links through the Intelsat space segment among all the participants.

To the extent that any Party or Signatory or person within the jurisdiction of a party intends to establish, acquire or utilize space segment facilities separate from the Intelsat space segment facilities to meet its specialized telecommunications services requirements, domestic or international, such Party or Signatory, prior to the establishment, acquisition or utilization of such facilities, shall furnish all relevant information to the Assembly of Parties, through the Board of Governors. The Assembly of Parties, taking into account the advice of the Board of Governors, shall express, in the form of recommendations, its findings regarding the technical compatibility of such facilities and their operation with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment.

Recommendations by the Assembly of Parties or the Board of Governors pursuant to this article shall be made within a period of six months from the date of commencing the procedures provided for in the foregoing paragraphs. An extraordinary meeting of the Assembly of Parties may be convened for this purpose.

This Agreement shall not apply to the establishment, acquisition or utilization of space segment facilities separate from the Intelsat space segment facilities solely for national security purposes.

The headquarters of Intelsat shall be in Washington.

Within the scope of activities authorized by this Agreement, Intelsat and its property shall be exempt in all States Party to this Agreement from all national income and direct national property taxation and from customs duties on communications satellites and components and parts for such satellites to be launched for use in the global system. Each Party undertakes to use its best endeavours to bring about, in accordance with the applicable domestic procedure, such further exemption of Intelsat and its property from income and direct property taxation, and customs duties, as is desirable, bearing in mind the particular nature of Intelsat.

Each Party other than the Party in whose territory the headquarters of Intelsat is located shall grant in accordance with the Protocol referred to in this paragraph, and the Party in whose territory the headquarters of Intelsat is located shall grant in accordance with the Headquarters Agreement referred to in this paragraph, the appropriate privileges, exemptions and immunities to Intelsat, to its officers, and to those categories of its employees specified in such Protocol and Headquarters Agreement, to Parties and representatives of Parties, to Signatories and representatives of Signatories and to persons participating in arbitration proceedings. In particular, each Party shall grant to these individuals immunity from legal process in respect of acts done or words written or spoken in the exercise of their functions and within the limits of their duties, to the extent and in the cases to be provided for in the Headquarters Agreement and Protocol referred to in this paragraph. The Party in whose territory the headquarters of Intelsat is located shall, as soon as possible, conclude a Headquarters Agreement with Intelsat covering privileges, exemptions and immunities. The Headquarters Agreement shall include a provision that all Signatories acting in their capacity as such, except the Signatory designated by the Party in whose territory the headquarters is located, shall be exempt from national taxation on income earned from Intelsat in the territory of such Party. The other Parties shall also as soon as possible conclude a Protocol covering privileges, exemptions and immunities. The Headquarters Agreement and the Protocol shall be independent of this Agreement and each shall prescribe the conditions of its termination.

• i) Any Party or Signatory may withdraw voluntarily from Intelsat. A Party shall give written notice to the Depositary of its decision to withdraw. The decision of a Signatory to withdraw shall be notified in writing to the executive organ by the Party which has designated it and such notification shall signify the acceptance by the Party of such notification of decision to withdraw;

• i) If a Party appears to have failed to comply with any obligation under this Agreement, the Assembly of Parties, having received notice to that effect or acting on its own initiative, and having considered any representations made by the Party, may decide, if it finds that the failure to comply has in fact occurred, that the Party be deemed to have withdrawn from Intelsat. This Agreement shall cease to be in force for the Party as of the date of such decision. An extraordinary meeting of the Assembly of Parties may be convened for this purpose;

If any Signatory fails to pay any amount due from it pursuant to paragraph a) of article 4 of the Operating Agreement within three months after the payment has become due, the rights of the Signatory under this Agreement and the Operating Agreement shall be automatically suspended. If within three months after the suspension the Signatory has not paid all sums due or the Party which has designated the Signatory has not made a substitution pursuant to paragraph f) of this article, the Board of Governors, after considering any representations made by the Signatory or by the Party which has designated it, may recommend to the Meeting of Signatories that the Signatory be deemed to have withdrawn from Intelsat. The Meeting of Signatories, after considering any representations made by the Signatory, may decide that the Signatory be deemed to have withdrawn from Intelsat and, from the date of the decision, this Agreement and the Operating Agreement shall cease to be in force for the Signatory.

Withdrawal of a Party, in its capacity as such, shall entail the simultaneous withdrawal of the Signatory designated by the Party or of the Party in its capacity as Signatory, as the case may be, and this Agreement and the Operating Agreement shall cease to be in force for the Signatory on the same date on which this Agreement ceases to be in force for the Party which has designated it.

In all cases of withdrawal of a Signatory from Intelsat, the Party which designated the Signatory shall assume the capacity of a Signatory, or shall designate a new Signatory effective as of the date of such withdrawal, or shall withdraw from Intelsat.

If for any reason a Party desires to substitute itself for its designated Signatory or to designate a new Signatory, it shall give written notice thereof to the Depositary, and upon assumption by the new Signatory of all the outstanding obligations of the previously designated Signatory and upon signature of the Operating Agreement, this Agreement and the Operating Agreement shall enter into force for the new Signatory and thereupon shall cease to be in force for such previously designated Signatory.

Upon the receipt by the Depositary of the executive organ, as the case may be, of notice of decision to withdraw pursuant to subparagraph a) - i) of this article, the Party giving notice and its designated Signatory, or the Signatory in respect of which notice has been given, as the case may be, shall cease to have any rights of representation and any voting rights in any organ of Intelsat, and shall incur no obligation or liability after the receipt of the notice, except that the Signatory, unless the Board of Governors decides otherwise pursuant to paragraph d) of article 21 of the Operating Agreement, shall be responsible for contributing its share of the capital contributions necessary to meet both contractual commitments specifically authorized before such receipt and liabilities arising from acts or omissions before such receipt.

During the period of suspension of the rights of a Signatory pursuant to subparagraph b) - ii) or paragraph c) of this article, the Signatory shall continue to have all the obligations and liabilities of a Signatory under this Agreement and the Operating Agreement.

If the Meeting of Signatories, pursuant to subparagraph b) - ii) or paragraph c) of this article, decides not to approve the recommendation of the Board of Governors that the Signatory be deemed to have withdrawn from Intelsat, as of the date of that decision the suspension shall be lifted and the Signatory shall thereafter have all rights under this Agreement and the Operating Agreement, provided that where a Signatory is suspended pursuant to paragraph c) of this article the suspension shall not be lifted until the Signatory has paid the amounts due from it pursuant to paragraph a) of article 4 of the Operating Agreement.

If the Meeting of Signatories approves the recommendation of the Board of Governors pursuant to subparagraph b) - ii) or paragraph c) of this article that a Signatory be deemed to have withdrawn from Intelsat, that Signatory shall incur no obligation or liability after such approval, except that the Signatory, unless the Board of Governors decides otherwise pursuant to paragraph d) of article 21 of the Operating Agreement, shall be responsible for contributing its share of the capital contributions necessary to meet both contractual commitments specifically authorized before such approval and liabilities arising from acts or omissions before such approval.

If the Assembly of parties decides pursuant to subparagraph b) - i) of this article that a party be deemed to have withdrawn from Intelsat, the party in its capacity as Signatory or its designated Signatory, as the case may be, shall incur no obligation or liability after such decision, except that the party in its capacity as Signatory or its designated Signatory, as the case may be, unless the Board of Governors decides otherwise pursuant to paragraph d) of article 21 of the Operating Agreement, shall be responsible for contributing its share of the capital contributions necessary to meet both contractual commitments specifically authorized before such decision and liabilities arising from acts or omissions before such decision.

Settlement between Intelsat and a Signatory for which this Agreement and the Operating Agreement have ceased to be in force, other than in the case of substitution pursuant to paragraph f) of this article, shall be accomplished as provided in article 21 of the Operating Agreement.

• i) Notification of the decision of a Party to withdraw pursuant to subparagraph a) - i) of this article shall be transmitted by the Depositary to all Parties and to the executive organ, and the latter shall transmit the notification to all Signatories;

The substitution of a Signatory pursuant to paragraph f) of this article shall be notified by the Depositary to all Parties and to the executive organ, and the latter shall transmit the notification to all Signatories.

No Party or its designated Signatory shall be required to withdraw from Intelsat as a direct result of any change in the status of that Party with regard to the International Telecommunication Union.

Any Party may propose amendments to this Agreement. Proposed amendments shall be submitted to the executive organ, which shall distribute them promptly to all Parties and Signatories.

The Assembly of Parties shall consider each proposed amendment at its first ordinary meeting following its distribution by the executive organ, or at an earlier extraordinary meeting convened in accordance with the provisions of article VII of this Agreement, provided that the proposed amendment has been distributed by the executive organ at least ninety days before the opening date of the meeting. The Assembly of Parties shall consider any views and recommendations which it receives from the Meeting of Signatories or the Board of Governors with respect to a proposed amendment.

The Assembly of Parties shall take decisions on each proposed amendments in accordance with the provisions relating to quorum and voting contained in article VII of this Agreement. It may modify any proposed amendment, distributed in accordance with paragraph b) of this article, and may also take decisions on any amendment not so distributed but directly consequential to a proposed or modified amendment.

An amendment which has been approved by the Assembly of Parties shall enter into force in accordance with paragraph e) of this article after the Depositary has received notice of approval, acceptance or ratification of the amendment from either;

Two-thirds of the States which were Parties as of the date upon which the amendment was approved by the Assembly of Parties, provided that such two-thirds include Parties which then held, or whose designated Signatories then held, at least two-thirds of the total investment shares; or

The Depositary shall notify all the Parties as soon as it has received the acceptances, approvals or ratifications, required by paragraph d) of this article for the entry into force of an amendment. Ninety days after the date of issue of this notification, the amendment shall enter into force for all Parties, including those that have not yet accepted, approved, or ratified it and have not withdrawn from Intelsat.

Notwithstanding the provisions of paragraphs d) and e) of this article, an amendment shall not enter into force less than eight months or more than eighteen months after the date it has been approved by the Assembly of Parties.

All legal disputes arising in connection with the rights and obligations under this Agreement or in connection with obligations undertaken by Parties pursuant to paragraph c) of article 14 or paragraph c) of article 15 of the Operating Agreement, between Parties with respect to each other, or between Intelsat and one or more Parties, if not otherwise settled within a reasonable time, shall be submitted to arbitration in accordance with the provisions of Annex C to this Agreement. Any legal dispute arising in connection with the rights and obligations under this Agreement or the Operating Agreement between one or more Parties and one or more Signatories may be submitted to arbitration in accordance with the provisions of Annex C to this Agreement, provided that the Party or Parties and the Signatory or Signatories involved agree to such arbitration.

All legal disputes arising in connection with the rights and obligations under this Agreement, or in connection with the obligations undertaken by Parties pursuant to paragraph c) of article 14 or paragraph c) of article 15 of the Operating Agreement, between a Party and a State which has ceased to be a Party or between Intelsat and a State which has ceased to be a Party, and which arise after the State ceased to be a Party, if not otherwise settled within a reasonable time, shall be submitted to arbitration. Such arbitration shall be in accordance with the provisions of Annex C to this Agreement, provided that the State which has ceased to be a Party so agrees. If a State ceases to be a Party, or if a State or a telecommunications entity ceases to be a Signatory, after a dispute in which it is a disputant has been submitted to arbitration pursuant to paragraph a) of this article the arbitration shall be continued and concluded.

All legal disputes arising as a result of agreements between Intelsat and any Party shall be subject to the provisions on settlement of disputes contained in such agreements. In the absence of such provisions, such disputes, if not otherwise settled, may be submitted to arbitration in accordance with the provisions of Annex C to this Agreement if the disputants so agree.

This Agreement shall be open for signature at Washington from August 20, 1971 until it enters into force, or until a period of nine months has elapsed, whichever occurs first:

By the Government of any State party to the Interim Agreement;

Any Government signing this Agreement may do so without its signature being subject to ratification, acceptance or approval or with declaration accompanying its signature that it is subject to ratification, acceptance or approval.

Any State referred to in paragraph a) of this article may accede to this Agreement after it is closed for signature.

No reservation may be made to this Agreement.

This Agreement shall enter into force sixty days after the date on which it has been signed not subject to ratification, acceptance or approval, or has been ratified, accepted, approved or acceded to, by two-thirds of the States which were parties to the Interim Agreement as of the date upon which this Agreement is opened for signature, provided that:

Such two-thirds include parties to the Interim Agreement which then held, or whose signatories to the Special Agreement then held, at least two-thirds of the quotas under the Special Agreement; and

For a State whose instrument of ratification, acceptance, approval or accession is deposited after the date this Agreement enters into force pursuant to paragraph a) of this article, this Agreement shall enter into force on the date of such deposit;

Upon entry into force of this Agreement pursuant to paragraph a) of this article, it may be applied provisionally with respect to any State whose Government signed it subject to ratification, acceptance or approval if that Government so requests at the time of signature or at any time thereafter prior to the entry into force of this Agreement. Provisional application shall terminate:

Upon deposit of an instrument of ratification, acceptance or approval of this Agreement by that Government;