Convention on the International Maritime Satellite Organization (INMARSAT) [*]
cause at : London
In pull : 1979-07-16
The States Parties to this convention
Considering the principle set forth in resolution 1721 ( XVI ) of the General Assembly of the United Nations that communication by means of satellites should be available to the nations of the world equally soon as operable 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 Moon and early Celestial Bodies, concluded on 27 January 1967, and in especial article 1, which states that out distance shall be used for the profit and in the interests of all countries ,
Taking into account that a identical high proportion of worldly concern trade is dependent upon ships ,
Being aware that considerable improvements to the nautical distress and safety systems and to the communication connect between ships and between ships and their management adenine well as between crowd or passengers on control panel and persons on shore can be made by using satellites ,
Determined, to this end, to make provision for the benefit of ships of all nations through the most advanced desirable space engineering available, for the most effective and economic facilities possible consistent with the most effective and equitable use of the radio receiver frequency spectrum and of satellite orbits ,
Recognizing that a nautical satellite organization comprises mobile worldly concern stations and state worldly concern stations, vitamin a well as the space segment ,
Affirming that a maritime satellite system shall besides be open for aeronautical communication for the benefit of aircraft of all nations ,
Agree as follows :
Article 1
Definitions
For the purposes of this convention :
| a. |
“ operational agreement ” means the engage agreement on the International Maritime Satellite Organization ( INMARSAT ), including its annex .
|
| b. |
“ Party ” means a State for which this convention has entered into force out .
|
| c. |
“ signer ” means either a Party or an entity designated in accord with article 2 ( 3 ), for which the operate on Agreement has entered into force .
|
| d. |
“ space segment ” means the satellites, and the trailing, telemetry, command, control, monitor and relate facilities and equipment required to support the operation of these satellites .
|
| e. |
“ INMARSAT space segment ” means the distance segment owned or leased by INMARSAT .
|
| f. |
“ ship ” means a vessel of any type manoeuver in the marine environment. It includes bury alia hydrofoil boats, air-cushion vehicles, submersibles, floating craft and platforms not permanently moored .
|
| g. |
“ property ” means anything that can be the subject of a right of ownership, including contractual rights .
|
| h. |
“ aircraft ” means any car that can derive support in the atmosphere from the reactions of the air travel other than the reactions of the air travel against the earth ‘s come on .
|
Article 2
Establishment of INMARSAT
| 1. |
The International Maritime Satellite Organization ( INMARSAT ), herein referred to as “ the Organization ”, is hereby established .
|
| 2. |
The operate Agreement shall be concluded in ossification with the provisions of this conventionality and shall be opened for signature at the same time as this Convention .
|
| 3. |
Each Party shall sign the Operating Agreement or shall designate a competent entity, public or private, subject to the jurisdiction of that Party, which shall sign the operate Agreement .
|
| 4. |
Telecommunications administrations and entities may, subject to applicable domestic law, negociate and enter directly into appropriate traffic agreements with respect to their practice of telecommunications facilities provided pursuant to this Convention and the Operating Agreement, a well as with deference to services to be furnished to the public, facilities, division of revenues and refer business arrangements .
|
Article 3
Purposes
| 1. |
The determination of the Organization is to make planning for the quad section necessity for improving nautical communications and, as operable, aeronautical communications, thereby assisting in improving communications for distress and safety of life, communications for air travel traffic services, the efficiency and management of ships and aircraft, maritime and aeronautical public symmetry services and radiodetermination capabilities .
|
| 2. |
The Organization shall seek to serve all areas where there is need for nautical and aeronautical communications .
|
| 3. |
The Organization shall act entirely for passive purposes .
|
Article 4
Relations between a Party and its designated entity
Where a Signatory is an entity designated by a Party :
| a. |
Relations between the Party and the Signatory shall be governed by applicable domestic law .
|
| b. |
The Party shall provide such steering and instructions as are allow and consistent with its domestic law to ensure that the Signatory fulfils its responsibilities .
|
| c. |
The Party shall not be apt for obligations arising under the Operating Agreement. The Party shall, however, ensure that the Signatory, in carrying out its obligations within the Organization, will not act in a manner which violates obligations which the Party has accepted under this convention or under relate external agreements .
|
| d. |
If the Signatory recall or its membership is terminated the Party shall act in accord with article 29 ( 3 ) or 30 ( 6 ) .
|
Article 5
Operational and financial principles of the organisation
| 1. |
The Organization shall be financed by the contributions of Signatories. Each Signatory shall have a fiscal matter to in the Organization in proportion to its investing share which shall be determined in accord with the operate Agreement .
|
| 2. |
Each Signatory shall contribute to the capital requirements of the Organization and shall receive das kapital refund and compensation for use of capital in accordance with the manoeuver Agreement .
|
| 3. |
The Organization shall operate on a sound economic and fiscal basis having esteem to accepted commercial principles .
|
Article 6
Provisions of space segment
The Organization may own or lease the space segment .
Article 7
Access to space segment
| 1. |
The INMARSAT space section shall be open for use by ships and aircraft of all nations on conditions to be determined by the Council. In determining such conditions, the Council shall not discriminate among ships or aircraft on the basis of nationality .
|
| 2. |
The Council may, on a individual basis, permit access to the INMARSAT outer space segment by earth stations located on structures operating in the marine environment other than ships, if and angstrom long as the operation of such land stations will not significantly affect the provision of service to ships or aircraft .
|
| 3. |
earth stations on domain communicating via the INMARSAT quad segment shall be located on estate territory under the legal power of a Party and shall be wholly owned by Parties or entities subject to their jurisdiction. The Council may authorize differently if it finds this to be in the interests of the Organization .
|
Article 8
Other space segments
| 1. |
A Party shall notify the Organization in the consequence that it or any person within its jurisdiction intends to make provision for, or initiate the function of, individually or jointly, separate space section facilities to meet any or all of the nautical purposes of the INMARSAT space section, to insure technical compatibility and to avoid significant economic harm to the INMARSAT system .
|
| 2. |
The Council shall express its views in the form of a recommendation of a non-binding nature with regard to technical compatibility and shall provide its views to the assembly with deference to economic injury .
|
| 3. |
The Assembly shall express its views in the human body of recommendations of a non-binding nature within a period of nine months from the date of commencing the procedures provided for in this article. An extraordinary meeting of the Assembly may be convened for this determination .
|
| 4. |
The notification pursuant to paragraph ( 1 ), including the provision of apposite technical information, and subsequent consultations with the Organization, shall take into account the relevant provisions of the Radio Regulations of the International Telecommunication Union .
|
| 5. |
This article shall not apply to the administration, skill, use or sequel of distinguish space section facilities for national security purposes, or which were contracted for, established, acquired or utilized prior to the entry into coerce of this Convention .
|
Article 9
Structure
The organs of the Organization shall be :
| a. |
The Assembly .
|
| b. |
The Council .
|
| c. |
The Directorate headed by a Director General .
|
Article 10
Assembly – composition and meetings
| 1. |
The Assembly shall be composed of all the Parties .
|
| 2. |
even sessions of the Assembly shall be held once every two years. extraordinary sessions shall be convened upon the request of one-third of the Parties or upon the request of the Council .
|
Article 11
Assembly – procedure
| 1. |
Each Party shall have one vote in the Assembly .
|
| 2. |
Decisions on matters of substance shall be taken by a two-thirds majority, and on procedural matters by a simple majority, of the Parties introduce and vote. Parties which abstain from voting shall be considered as not voting .
|
| 3. |
Decisions whether a question is procedural or substantive shall be taken by the Chairman. such decisions may be overruled by a two-thirds majority of the Parties present and vote .
|
| 4. |
A quorum for any meeting of the Assembly shall consist of a majority of the Parties .
|
Article 12
Assembly – functions
| 1. |
The functions of the Assembly shall be to :
| (a) |
Consider and review the activities, purposes, general policy and long-run objectives of the Organization and express views and make recommendations thereon to the Council .
|
| (b) |
guarantee that the activities of the Organization are consistent with this conventionality and with the purposes and principles of the United Nations Charter, deoxyadenosine monophosphate well as with any other treaty by which the Organization becomes bound in accordance with its decision .
|
| (c) |
Authorize, on the recommendation of the Council, the establishment of extra space section facilities the especial or chief purpose of which is to provide radiodetermination, distress or guard services. however, the distance segment facilities established to provide maritime and aeronautical public correspondence services can be used for telecommunications for distress, safety and radiodetermination purposes without such mandate .
|
| (d) |
Decide on early recommendations of the Council and express views on reports of the Council .
|
| (e) |
Elect four representatives on the Council in accord with article 13 ( 1 ) ( bacillus ) .
|
| (f) |
Decide upon questions concerning formal relationships between the Organization and States, whether Parties or not, and external organizations .
|
| (g) |
Decide upon any amendment to this Convention pursuant to article 34 or to the Operating Agreement pursuant to article XVIII thence .
|
| (h) |
Consider and decide whether membership be terminated in accordance with article 30 .
|
| (i) |
exert any other functions conferred upon it in any other article of this Convention or the manoeuver Agreement .
|
|
| 2. |
In performing its functions the Assembly shall take into account any relevant recommendations of the Council .
|
Article 13
Council – composition
| 1. |
The Council shall consist of twenty-two representatives of Signatories as follows :
| (a) |
eighteen representatives of those Signatories, or groups of Signatories not otherwise represented, which have agreed to be represented as a group, which have the largest investment shares in the Organization. If a group of Signatories and a single Signatory have equal investing shares, the latter shall have the prior right. If by reason of two or more Signatories having equal investing shares the number of representatives on the Council would exceed twenty-two, all shall however, exceptionally, be represented .
|
| (b) |
Four representatives of Signatories not differently represented on the Council, elected by the Assembly, regardless of their investment shares, in order to ensure that the rationale of merely geographic representation is taken into account, with due gaze to the interests of the developing countries. Any Signatory elected to represent a geographic area shall represent each signer in that geographic area which has agreed to be sol represented and which is not otherwise represented on the Council. An election shall be effective as from the first confluence of the Council following that election, and shall remain effective until the future ordinary suffer of the Assembly .
|
|
| 2. |
insufficiency in the number of representatives on the Council pending the fill of a vacancy shall not invalidate the musical composition of the Council .
|
Article 14
Concil – procedure
| 1. |
The Council shall meet arsenic much as may be necessary for the effective discharge of its functions, but not less than three times a year .
|
| 2. |
The Council shall endeavor to take decisions unanimously. If solid agreement can not be reached, decisions shall be taken as follows : Decisions on meaty matters shall be taken by a majority of the representatives on the Council representing at least two-thirds of the total vote participation of all Signatories and groups of Signatories represented on the Council. Decisions on adjective matters shall be taken by a simple majority of the representatives deliver and vote, each having one vote. Disputes whether a specific topic is adjective or substantial shall be decided by the Chairman of the Council. The decision of the Chairman may be overruled by a two-thirds majority of the representatives introduce and vote, each having one vote. The Council may adopt a different vote procedure for the election of its officers .
|
| 3. |
| (a) |
Each representative shall have a vote participation equivalent to the investment share or shares he represents. however, no representative may cast on behalf of one Signatory more than 25 per penny of the sum vote participation in the Organization except adenine provided in sub-paragraph ( bacillus ) ( four ) .
|
| (b) |
Notwithstanding article V ( 9 ), ( 10 ) and ( 12 ) of the operate on agreement :
| (i) |
If a Signatory represented on the Council is entitled, based on its investment share to a voting engagement in surfeit of 25 per cent of the entire vote participation in the Organization, it may offer to early Signatories any or all of its investment plowshare in excess of 25 per penny .
|
| (ii) |
early Signatories may notify the Organization that they are train to accept any or all of such excess investment contribution. If the sum of the amounts notified to the Organization does not exceed the come available for distribution, the latter come shall be distributed by the Council to the notifying Signatories in accordance with the amounts notified. If the total of the amounts notified does exceed the total available for distribution, the latter sum shall be distributed by the Council as may be agreed among the advise Signatories, or, failing agreement, in proportion to the amounts notified .
|
| (iii) |
Any such distribution shall be made by the Council at the time of determinations of investing shares pursuant to article V of the Operating Agreement. Any distribution shall not increase the investment parcel of any Signatory above 25 per penny .
|
| (iv) |
To the extent that the investment partake of the Signatory in excess of 25 per penny offered for distribution is not distributed in accord with the routine set away in this paragraph, the voting engagement of the representative of the Signatory may exceed 25 per penny .
|
|
|
| 4. |
To the extent that a Signatory decides not to offer its overindulgence investment share to other Signatories, the correspond vote engagement of that Signatory in surfeit of 25 per cent shall be distributed equally to all other representatives on the Council .
|
| 5. |
A quorum for any meet of the Council shall consist of a majority of the representatives on the Council, representing at least two-thirds of the total vote engagement of all Signatories and group of Signatories represented on the Council .
|
Article 15
Council – functions
The Council shall have the province, having due respect for the views and recommendations of the Assembly, to make provision for the space section necessary for carrying out the purposes of the Organization in the most economic, effective and efficient manner coherent with this convention and the operate Agreement. To discharge this province, the Council shall have the power to perform all allow functions, including :
| a. |
decision of nautical and aeronautical satellite telecommunications requirements and borrowing of policies, plans, programmes, procedures and measures for the design, development, structure, establishment, skill by leverage or lease operation, maintenance and use of the INMARSAT space segment, including the procurement of any necessary plunge services to meet such requirements .
|
| b. |
borrowing and implementation of management arrangements which shall require the Director General to compress for technical and operational functions whenever this is more advantageous to the Organization .
|
| c. |
adoption of criteria and procedures for approval of ground stations on bring, on ships, on aircraft, and on structures in the marine environment for access to the INMARSAT quad segment and for verification and monitoring of performance of earth stations having access to and use of the INMARSAT outer space section. For earth stations on ships and aircraft, the criteria should be in sufficient detail for consumption by home license authorities, at their discretion, for type-approval purposes .
|
| d. |
submission of recommendations to the Assembly in accordance with article 12 ( 1 ) ( c ) .
|
| e. |
submission to the Assembly of periodic reports on the activities of the Organization, including fiscal matters .
|
| f. |
adoption of procurement procedures, regulations and contract terms and approval of procurement contracts consistent with this convention and the operating Agreement .
|
| g. |
adoption of fiscal policies, approval of the fiscal regulations, annual budget and annual fiscal statements, periodic decision of charges for habit of the INMARSAT space segment, and decisions with respect to all early fiscal matters including investing shares and capital ceiling consistent with this convention and the manoeuver Agreement .
|
| h. |
decision of arrangements for consultation on a continuing basis with bodies recognized by the Council as representing shipowners, aircraft operators, nautical and aeronautical personnel and other users of nautical and aeronautical telecommunication .
|
| i. |
appointment of an arbiter where the Organization is a party to an arbitration .
|
| j. |
exercise of any other functions conferred upon it in any other article of this Convention or the operate Agreement or any other function allow for the accomplishment of the purposes of the Organization .
|
Article 16
Directorate
| 1. |
The Director General shall be appointed, from among candidates proposed by Parties or Signatories through Parties, by the Council, subject to confirmation by the Parties. The Depositary shall immediately notify the Parties of the date. The appointee is confirmed unless within sixty days of the notification more than one-third of the Parties have informed the Depositary in writing of their objection to the appointment. The Director General may assume his functions after appointment and pending confirmation .
|
| 2. |
The condition of office of the Director General shall be six years. however, the Council may remove the Director General earlier on its own authority. The Council shall report the reasons for the removal to the Assembly.
|
| 3. |
The Director General shall be the foreman administrator and legal representative of the Organization and shall be creditworthy to and under the direction of the Council .
|
| 4. |
The structure, staff levels and standard terms of employment of officials and employees and of consultants and early advisers to the Directorate shall be approved by the Council .
|
| 5. |
The Director General shall appoint the members of the Directorate. The appointee of aged officials reporting directly to the Director General shall be approved by the Council .
|
| 6. |
The overriding consideration in the appointment of the Director General and other personnel of the Directorate shall be the necessity of ensuring the highest standards of integrity, competence and efficiency .
|
Article 17
Representation at meetings
All Parties and Signatories which, under this convention or the manoeuver Agreement are entitled to attend and/or enter at meetings of the Organization shall be allowed to attend and/or participate at such meetings adenine well as any other meet held under the auspices of the Organization, careless of where the meet may take space. The arrangements made with any host nation, shall be coherent with these obligations .
Article 18
Costs of meetings
| 1. |
Each Party and Signatory shall meet its own costs of representation at meetings of the Organization .
|
| 2. |
Expenses of meetings of the Organization shall be regarded as an administrative monetary value of the Organization. however, no meet of the Organization shall be held outside its headquarter, unless the prospective host agrees to defray the extra expending involved .
|
Article 19
Establishment of utilization charges
| 1. |
The Council shall specify the units of measurement for the diverse types of utilization of the INMARSAT space section and shall establish charges for such utilization. These charges shall have the objective of earning sufficient revenues for the Organization to cover its operate, maintenance, and administrative costs, the provision of such operating funds as the Council may determine to be necessary, the amortization of investment made by Signatories, and recompense for use of das kapital in accordance with the operating Agreement .
|
| 2. |
The rates of utilization commission for each type of utilization shall be the like for garlic Signatories for that type of use .
|
| 3. |
For entities, early than Signatories, which are authorized in accord with article 7 to utilize the INMARSAT space segment, the Council may establish rates of use charge different from those established for Signatories. The rates for each type of utilization shall be the lapp for all such entities for that type of utilization .
|
Article 20
Procurement
| 1. |
The procurement policy of the Council shall be such as to encourage, in the interests of the Organization, global contest in the add of goods and services. To this end :
| (a) |
procurement of goods and services required by the Organization, whether by purchase or lease, shall be effected by the award of contracts, based on responses to open external invitations to tender .
|
| (b) |
Contracts shall be awarded to bidders offering the best combination of choice, monetary value and the most golden rescue time .
|
| (c) |
If there are bids offering comparable combinations of quality, price and the most favorable manner of speaking meter, the Council shall award the contract so as to give effect to the procurement policy set out above .
|
|
| 2. |
In the following cases the necessity of open external tender may be dispensed with under procedures adopted by the Council, provided that in so doing the Council shall encourage in the interests of the Organization cosmopolitan rival in the add of goods and services :
| (a) |
The estimated value of the sign does not exceed 50,000 US dollars and the award of the contract would not by argue of the application of the dispensation put a contractile organ in such a situation as to prejudice at some by and by date the effective exercise by the Council of the procurement policy set out above. To the extent justified by changes in world prices, as reflected by relevant price indices, the Council may revise the fiscal limit .
|
| (b) |
procurement is required urgently to meet an emergency position .
|
| (c) |
There is entirely one source of supply to a specification which is necessary to meet the requirements of the Organization or the sources of add are so badly restricted in numeral that it would be neither feasible nor in the best pastime of the Organization to incur the outgo and prison term involved in open international tender provided that where there is more than one reservoir they will have an opportunity to bid on an equal footing .
|
| (d) |
The necessity is of an administrative nature for which it would be neither operable nor feasible to undertake open international tender .
|
| (e) |
The procurement is for personal services .
|
|
Article 21
Inventions and technical information
| 1. |
The Organization, in joining with any bring performed by it or on its behalf at its expense, shall acquire in inventions and technical information those rights, but no more than those rights, which are necessary in the common interests of the Organization and of the Signatories in their capacity as such. In the case of work done under contract any such rights obtained shall be on a non-exclusive basis .
|
| 2. |
For the aim of paragraph ( 1 ) the Organization, taking into bill its principles and objectives and by and large accepted industrial practices, shall, in connection with such oeuvre involving a meaning chemical element of study, research or exploitation ensure for itself :
| (a) |
The right to have disclosed to it without requital all inventions and technical information generated by such work .
|
| (b) |
The good to disclose and to have disclosed to Parties and Signatories and others within the legal power of any Party such inventions and technical foul information, and to use and to authorize and to have authorized Parties and Signatories and such others to use such inventions and technical data without requital in connection with the INMARSAT space section and any earth station on estate, ship or aircraft operating in conjunction therewith .
|
|
| 3. |
In the case of sour done under sign, possession of the rights in inventions and technical information generated under the contract shall be retained by the contractile organ .
|
| 4. |
The Organization shall besides ensure for itself the right, on fair and fair terms and conditions, to use and to have used inventions and technical information directly utilized in the execution of sour performed on its behalf but not included in paragraph ( 2 ), to the extent that such use is necessary for the reconstruction or modification of any product actually delivered under a contract financed by the Organization, and to the extent that the person who has performed such bring is entitled to grant such right .
|
| 5. |
The Council may in individual cases approve a diversion from the policies prescribed in paragraph ( 2 ) ( b ) and ( 4 ), where in the path of negotiation it is demonstrated to the Council that failure to deviate would be damaging to the interests of the Organization .
|
| 6. |
The Council may besides, in person cases where exceeding circumstances warrant, approve a deviation from the policy prescribed in paragraph ( 3 ) where all the come conditions are met :
| (a) |
It is demonstrated to the Council that failure to deviate would be damaging to the interests of the Organization .
|
| (b) |
The Council determines that the Organization should be able to ensure patent protection in any state .
|
| (c) |
Where, and to the extent that, the contractor is ineffective or unwilling to ensure such apparent protection within the time required .
|
|
| 7. |
With obedience to inventions and technical information in which rights are acquired by the Organization otherwise than pursuant to paragraph ( 2 ), the Organization, to the extent that it has the good to do so, shall upon request :
| (a) |
Disclose or have disclosed such inventions and technical foul information to any Party or Signatory subject to reimbursement of any payment made by or required of the Organization in regard of the exercise of this good of disclosure .
|
| (b) |
Make available to any Party or Signatory the right to disclose or have disclosed to others within the legal power of any Party and to use and to authorize and to have authorized such others to use such inventions and technical information :
| (i) |
Without payment in connection with the INMARSAT space segment or any earth station on nation, ship or aircraft engage in junction therewith .
|
| (ii) |
For any early purpose, on honest and reasonable terms and conditions to be settled between Signatories or others within the legal power of any Party and the Organization or the owner of the inventions and technical information or any other authoritative entity or person having a place interest therein, and submit to reimbursement of any payment made by or required of the Organization in esteem of the exercise of these rights .
|
|
|
| 8. |
The disclosure and practice, and the terms and conditions of disclosure and use, of all inventions and technical information in which the Organization has acquired any rights shall be on a non-discriminatory basis with esteem to all Signatories and others within the jurisdiction of Parties .
|
| 9. |
nothing in this article shall preclude the Organization, if desirable, from entering into contracts with persons subject to domestic laws and regulations relating to the disclosure of technical information .
|
Article 22
Liability
Parties are not, in their capacitance as such, liable for the acts and obligations of the Organization, except in relation back to non-Parties or natural or juridical persons they might represent in so far as such liability may follow from treaties in storm between the Party and the non-Party concerned. however, the waive does not preclude a Party which has been required to pay recompense under such a treaty to a non-Party or to a natural or juridical person it might represent from invoking any rights it may have under that treaty against any other Party .
Article 23
Excluded costs
Taxes on income derived from the Organization by any of the Signatories shall not form share of the costs of the Organization .
Article 24
Audit
The accounts of the Organization shall be audited per annum by an independent Auditor appointed by the Council. Any Party or Signatory shall have the right to inspect the accounts of the Organization .
Article 25
Legal personality
The Organization shall have legal personality and shall be responsible for its acts and obligations. For the purpose of its proper serve, it shall, in particular, have the capability to shrink, to acquire, lease, detention and discard of movable and immovable property, to be a party to legal proceedings and to conclude agreements with States or external organizations .
Article 26
Privileges and immunities
| 1. |
Within the scope of activities authorized by this Convention, the Organization and its property shall be excuse in all States Parties to this conventionality from all national income and direct national place taxation and from customs duties on communication satellites and components and parts for such satellites to be launched for use in the INMARSAT space segment. Each Party undertakes to use its best endeavor to bring about, in accord with the applicable domestic operation, such far exemption from income and direct property tax and customs duties as is desirable, bearing in mind the particular nature of the Organization .
|
| 2. |
All Signatories acting in their capacity as such, except the Signatory designated by the Party in whose district the headquarter is located, shall be exempt from national tax income on income earned from the Organization in the territory of that Party .
| (a) |
a soon as possible after the submission into pull of this Convention, the Organization shall conclude, with any Party in whose district the Organization establishes its headquarters, other offices or installations, an agreement to be negotiated by the Council and approved by the Assembly, relating to the privileges and immunities of the Organization, its Director General, its staff, of experts performing missions for the Organization and of representatives of Parties and Signatories whilst in the territory of the master of ceremonies Government for the purpose of exercising their functions .
|
| (b) |
The agreement shall be mugwump of this conventionality and shall terminate by agreement between the host Government and the Organization or if the headquarters of the Organization are moved from the territory of the master of ceremonies Government .
|
|
| 3. |
All Parties other than a Party which has concluded an agreement referred to in paragraph ( 3 ) shall deoxyadenosine monophosphate soon as possible after the submission into force out of this Convention conclude a protocol on the privileges and immunities of the Organization, its Director General, its staff, of experts performing missions for the Organization and of representatives of Parties and Signatories whilst in the district of Parties for the purposes of exercising their functions. The Protocol shall be freelancer of this convention and shall prescribe the conditions for its ending .
|
Article 27
Relationship with other international organizations
The Organization shall co-operate with the United Nations and its bodies dealing with the Peaceful Uses of Outer Space and Ocean Area, its Specialized Agencies, deoxyadenosine monophosphate well as other international organizations, on matters of park interest. In particular the Organization shall take into account the relevant international standards, regulations, resolutions, procedures and recommendations of the International Maritime Organization and the International Civil Aviation Organization. The Organization shall observe the relevant provisions of the International Telecommunication Convention and regulations made thereunder, and shall in the design, growth, construction and establishment of the INMARSAT space section and in the procedures established for regulating the operation of the INMARSAT outer space segment and of land stations give due consideration to the relevant resolutions, recommendations and procedures of the organs of the International Telecommunication Union .
Article 28
Notification to the International Telecommunication Union
Upon request from the Organization, the Party in whose district the Headquarters of the Organization is located shall co-ordinate the frequencies to be used for the space segment and shall, on behalf of each Party that consents, notify the International Telecommunication Union of the frequencies to be so practice and early information, as provided for in the Radio Regulations annexed to the International Telecommunication Convention .
Article 29
Withdrawal
| 1. |
Any Party or Signatory may by written presentment to the Depositary withdraw voluntarily from the Organization at any time. once a decision has been made under applicable domestic police that a Signatory may withdraw, detect of the withdrawal shall be given in writing to the Depositary by the Party which has designated the Signatory, and the telling shall signify the credence by the Party of the withdrawal. Withdrawal of a Party, in its capacity as such, shall entail the coincident withdrawal of any Signatory designated by the Party or of the Party in its capacity as Signatory, as the sheath may be .
|
| 2. |
Upon receipt by the Depositary of a notice to withdraw, the Party giving notice and any Signatory which it has designated, or the Signatory in deference of which notice has been given, as the subject may be, shall cease to have any rights of representation and any vote rights in any electric organ of the Organization and shall incur no debt instrument after the date of such receipt. however, a withdrawing Signatory shall remain responsible, unless otherwise decided by the Council pursuant to article XIII of the Operating Agreement, for contributing its contribution of the capital contributions necessity to meet contractual commitments specifically authorized by the Organization before the receipt and liabilities arising from acts or omissions before the receipt. Except with respect to such das kapital contributions and except with respect to article 31 of this conventionality and article sixteen of the Operating Agreement, withdrawal shall become effective and this Convention and/ or the manoeuver Agreement shall cease to be in power for the Party and/or Signatory three months after the date of acknowledge by the Depositary of the written notification referred to in paragraph ( 1 ) .
|
| 3. |
If a Signatory retreat, the Party which designated it shall, before the effective date of coitus interruptus and with effect from that date, designate a new Signatory, assume the capacity of a Signatory in accordance with paragraph ( 4 ), or seclude. If the Party has not acted by the effective date, it shall be considered to have withdrawn as from that date. Any new Signatory shall be responsible for all the outstanding das kapital contributions of the previous Signatory and for the proportionate partake of any das kapital contributions necessary to meet contractual commitments specifically authorized by the Organization, and liabilities arising from acts or omissions, after the date of reception of the notice .
|
| 4. |
If for any reason a Party desires to substitute itself for its indicate signer or to designate a new Signatory, it shall give written notice to the Depositary. Upon premise by the new Signatory of all the outstanding obligations, as specified in the last prison term of paragraph ( 3 ), of the previously designated Signatory and upon key signature of the Operating Agreement, that Agreement shall enter into military unit for the raw Signatory and shall cease to be in violence for the previous Signatory .
|
Article 30
Suspension and termination
| 1. |
not less than one year after the Directorate has received written notice that a Party appears to have failed to comply with any obligation under this Convention, the Assembly, after considering any representations made by the Party, may decide, if it finds that the failure to comply has in fact occurred and that such failure impairs the effective process of the Organization, that the membership of the Party is terminated. This Convention shall cease to be in effect for the Party as from the date of the decision or at such late date as the Assembly may determine. An extraordinary session of the Assembly may be convened for this purpose. The end point shall entail the coincident withdrawal of any Signatory designated by the Party or of the Party in its capacity as Signatory, as the case may be. The operate Agreement shall cease to be in force for the Signatory on the date on which this conventionality ceases to be in storm for the Party concerned, except with respect to capital contributions necessary to meet contractual commitments specifically authorized by the Organization before the termination and liabilities arising from acts or omissions before the termination, and except with respect to article 31 of this convention and article sixteen of the Operating Agreement .
|
| 2. |
If any Signatory, in its capacity as such, fails to comply with any obligation under this convention or the manoeuver Agreement, other than obligations under article III ( 1 ) of the Operating Agreement and the failure has not been remedied within three months after the Signatory has been notified in spell of a resolution of the Council taking note of the failure to comply, the Council, after considering any representations made by the Signatory and, if applicable, the Party concerned may suspend the rights of the Signatory. If, after an extra three months and after consideration of any representations made by the Signatory and, if applicable, the Party, the Council finds that the failure to comply has not been remedied, the Assembly may decide on the recommendation of the Council that the membership of the Signatory is terminated. Upon the date of such decision, the termination shall become effective and the operate on Agreement shall cease to be in force for that Signatory .
|
| 3. |
If any Signatory fails to pay any amount due from it pursuant to article III ( 1 ) of the Operating Agreement within four months after the requital has become due, the rights of the Signatory under this Convention and the operational Agreement shall be mechanically suspended. If within three months after the pause the Signatory has not paid all sums due or the Party which has designated it has not made a substitution pursuant to article 29 ( 4 ), the Council, after considering any representations made by the Signatory or by the Party which has designated it, may decide that the membership of the Signatory is terminated. From the date of such decision, the engage Agreement shall cease to be in force for the Signatory .
|
| 4. |
During the time period of abeyance of the rights of a Signatory pursuant to paragraphs ( 2 ) or ( 3 ), the Signatory shall continue to have all the obligations of a Signatory under this Convention and the operating Agreement .
|
| 5. |
A Signatory shall incur no obligation after termination, except that it shall be creditworthy for contributing its share of the capital contributions necessary to meet contractual commitments specifically authorized before the termination and liabilities arising from acts or omissions before the result, and except with respect to article 31 of this convention and article sixteen of the Operating Agreement .
|
| 6. |
If the membership of a Signatory is terminated, the Party which designated it shall, within three months from the date of the end point and with effect from that date, designate a fresh Signatory, assume the capacity of a Signatory in accordance with article 29 ( 4 ), or swallow. If the Party has not acted by the end of that period, it shall be considered to have withdrawn as from the date of result, and this Convention shall cease to be in force for the Party as from that date .
|
| 7. |
Whenever this convention has ceased to be in effect for a Party, settlement between the Organization and any Signatory designated by that Party or that Party in its capacity as Signatory, shall be accomplished as provided in article thirteen of the Operating Agreement .
|
Article 31
Settlement of disputes
| 1. |
Disputes arising between Parties, or between Parties and the Organization relating to rights and obligations under this Convention should be settled by negotiation between the parties concerned. If within one class of the time any party has requested colony, a settlement has not been reached and if the parties to the quarrel have not agreed to submit it to the International Court of Justice or to some other operation for settling disputes, the dispute may, if the parties to the dispute consent, be submitted to arbitration in accordance with the annex to this Convention. Any decisiveness of an arbitral court in a dispute between Parties, or between Parties and the Organization, shall not prevent or affect a decision of the Assembly pursuant to article 30 ( 1 ), that the Convention shall cease to be in coerce for a Party .
|
| 2. |
Unless otherwise mutually agreed, disputes arising between the Organization and one or more Parties under agreements concluded between them, if not settled by negotiation within one year of the fourth dimension any party has requested settlement, shall, at the request of any party to the challenge, be submitted to arbitration in accord with the annex to this Convention .
|
| 3. |
Disputes arising between one or more Parties and one or more Signatories in their capacity as such, relating to rights and obligations under this convention or the Operating Agreement may be submitted to arbitration in accordance with the annex to this conventionality if the Party or Parties and the Signatory or Signatories involved match to such arbitration .
|
| 4. |
This article shall continue to apply to a Party or Signatory which ceases to be a Party or Signatory, in respect of disputes relating to rights and obligations arising from its having been a Party or Signatory .
|
Article 32
Signature and ratification
| 1. |
This Convention shall remain open for touch in London until entrance into effect and shall thereafter remain open for accession. All States may become Parties to the convention by :
| (a) |
signature not subjugate to ratification, acceptance or blessing, or
|
| (b) |
key signature subject to ratification, credence or blessing, followed by ratification, adoption or approval, or
|
| (c) |
accession .
|
|
| 2. |
ratification, acceptance, approval or accession shall be effected by the down payment of the appropriate instrument with the Depositary .
|
| 3. |
On becoming a Party to this Convention, or at any time thereafter, a State may declare, by written telling to the Depositary, to which Registers of ships, to which aircraft operating under its agency, and to which land earth stations under its jurisdiction, the Convention shall apply .
|
| 4. |
No State shall become a Party to this Convention until it has signed, or the entity it has designated, has signed the operate Agreement .
|
| 5. |
Reservations can not be made to this convention or the operate Agreement .
|
Article 33
Entry into force
| 1. |
This Convention shall enter into impel sixty days after the go steady on which States representing 95 per penny of the initial investing shares have become Parties to the Convention .
|
| 2. |
Notwithstanding paragraph ( 1 ), if the Convention has not entered into coerce within thirty-six months after the date it was opened for touch, it shall not enter into force .
|
| 3. |
For a State which deposits an instrument of ratification, adoption, approval or accession after the date on which the convention has entered into force, the ratification, credence, approval or entree shall take effect on the go steady of deposition .
|
Article 34
Amendments
| 1. |
Amendments to this convention may be proposed by any Party. Proposed amendments shall be submitted to the Directorate, which shall inform the early Parties and Signatories. Three months ‘ notice is required before consideration of an amendment by the Council, which shall submit its views to the Assembly within a period of six months from the date of circulation of the amendment. The Assembly shall consider the amendment not earlier than six months thereafter, taking into bill any views expressed by the Council. This period may, in any particular font, be reduced by the Assembly by a substantive decision .
|
| 2. |
If adopted by the Assembly, the amendment shall enter into force one hundred and twenty dollar bill days after the Depositary has received notices of acceptance from two-thirds of those States which at the time of adoption by the Assembly were Parties and represented at least two thirds of the full investment shares. Upon submission into power, the amendment shall become binding upon all Parties and Signatories, including those which have not accepted it .
|
Article 35
Depositary
| 1. |
The Depositary of this Convention shall be the Secretary-General of the International Maritime Organization .
|
| 2. |
The Depositary shall promptly inform all signer and acceding States and all Signatories of :
| (a) |
Any signature of the Convention .
|
| (b) |
The deposit of any musical instrument of ratification, acceptance, approval or accession .
|
| (c) |
The entrance into force of the Convention .
|
| (d) |
The borrowing of any amendment to the Convention and its entrance into storm .
|
| (e) |
Any presentment of withdrawal .
|
| (f) |
Any suspension or result .
|
| (g) |
early notifications and communications relating to the Convention .
|
|
| 3. |
Upon entrance into force out of the Convention the Depositary shall transmit a certified imitate to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations .
|
In witness whereoff the undersign, punctually authorized by their respective Governments, have signed this Convention.
make at London this third day of September one thousand nine hundred and seventy-six in the English, French, Russian and spanish languages, all the text being equally authentic, in a single original which shall be deposited with the Depositary, who shall send a certified replicate to the Government of each of the States which were invited to attend the International Conference on the Establishment of an International Maritime Satellite System and to the Government of any early State which signs or accedes to this Convention .
| [*] |
Amended 1985-10-16, in power 1989-10-13 ( these amendments enabled INMARSAT to provide services to aircraft a well as ships ), 1989-01-19, in force 1997-06-26 ( these amendments enabled INMARSAT to provide services to land-based vehicles vitamin a well as ships and aircraft ), 1994-12-09, not in effect ( these amendments provide for the identify change to International mobile Satelite Organization abbreviated to Inmarsat ), 1998-04-24, not in force ( these amendments provide for restructure of INMARSAT and creation of IMSO .
Regarding the initiation of IMSO, in 1998, Inmarsat ‘s assembly of member Governments agreed to privatize Inmarsat from April 1999. The new structure comprises two entities : 1 ) Inmarsat Ltd – a populace limited company which forms the commercial sleeve of Inmarsat. The party has taken on all the commercial activities of Inmarsat and is regulated by british law. It was wholly privatised by the end of 2003, and 2 ) International Mobile Satellite Organization ( IMSO ) – an intergovernmental body established to ensure that Inmarsat continues to meet its public service obligations, including obligations relating to the GMDSS. IMSO is an perceiver at IMO meetings .
|
