Agreement Relating to the "INTELSAT" 11

Agreement Relating to the “INTELSAT”

 

Article IX. (Board of Governors: Composition and Voting

(e) In order to ensure continuity within the Board of Governors,
every Signatory or group of Signatories represented pursuant to
subparagraph (a) (i), (ii) or (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.

(f) 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:

(i)International public telecommunications services;

(ii)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

(iii)Domestic public telecommunications services between areas which
are not linked by any terrestrial wide-band facilities and which
are separated by natural barriers of such an exceptional nature
that they impede the viable establishment of terrestrial
wide-band facilities between such areas, provided that the
Meeting of Signatories has given in advance the appropriate
approval required by subparagraph (b) (ii) of Article III of this
Agreement.

(g) For the purposes of paragraph (f) of this Article, the following
arrangements shall apply:

(i)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 utilization;

(ii)In the case of a Signatory which is granted a greater investment
share in accordance with the provisions of paragraph (d) of
Article 6 of the Operating Agreement, the increase shall apply
proportionately to all types of its utilization;

(iii)In the case of a Signatory which has an investment share of 0.05
per cent in accordance with the provisions of paragraph (h) of
Article 6 of the Operating Agreement and which forms part of a
group for the purpose of representation in the Board of Governors
pursuant to the provisions of subparagraph (a) (ii) or (a) (iii)
of this Article, its investment share shall be regarded as being
derived from utilization of the INTELSAT space segment for
services of the types listed in paragraph Ct~ of this Article;
and

(iv)No Governor may cast more than forty per cent of the total voting
participation of all Signatories and groups of Signatories
represented on the Board of Governors. To the extent that the
voting participation of any Governor exceeds forty per cent of
such total voting participation, the excess shall be distributed
equally to the other Governors on the Board of Governors.

(h) 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.

(i) 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.

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

(i)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;

(ii)On all procedural questions, by an affirmative vote representing
a simple majority of Governors present and voting, each having
one vote.

(k) 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.

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

(m) 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.

(n) 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.

 

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

High Seas.


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