Agreement Relating to the “INTELSAT”

Article XIII. (Procurement)

(a) 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.

(b) 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.

(c) 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.

Article XIV. (Rights and Obligations of Members)

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

Article XV. (INTELSAT Headquarters, privileges, exemptions, inmunities)

(a) The headquarters of INTELSAT shall be in Washington.

(b) 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 endeavors 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.

(c) 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.

Author: international

Mentioned in these Entries

country.