Convention on the (INMARSAT)

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) Regular 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
present and voting. 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 voting.

(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-term objectives of the Organization and express views and make
recommendations thereon to the Council.

(b) Ensure that the activities of the Organization are consistent with
this Convention and with the purposes and principles of the United
Nations Charter, as 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 additional space segment facilities the special or primary
purpose of which is to provide radiodetermination, distress or
safety services. However, the space segment facilities established
to provide maritime and aeronautical public correspondence services
can be used for telecommunications for distress, safety and
radiodetermination purposes without such authorization.

(d) Decide on other recommendations of the Council and express views on
reports of the Council.
(e) Elect four representatives on the Council in accordance with
article 13(1)(b).

(f) Decide upon questions concerning formal relationships between the
Organization and States, whether Parties or not, and international
organizations.

(g) Decide upon any amendment to this Convention pursuant to article 34
or to the Operating Agreement pursuant to article XVIII thereof.

(h) Consider and decide whether membership be terminated in accordance
with article 30.

(i) Exercise any other functions conferred upon it in any other article
of this Convention or the Operating 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 investment shares, the latter shall have the prior
right. If by reason of two or more Signatories having equal
investment shares the number of representatives on the Council
would exceed twenty-two, all shall nevertheless, exceptionally, be
represented.

(b) Four representatives of Signatories not otherwise represented on
the Council, elected by the Assembly, irrespective of their
investment shares, in order to ensure that the principle of just
geographical representation is taken into account, with due regard
to the interests of the developing countries. Any Signatory elected
to represent a geographical area shall represent each Signatory in
that geographical area which has agreed to be so represented and
which is not otherwise represented on the Council. An election
shall be effective as from the first meeting of the Council
following that election, and shall remain effective until the next
ordinary meeting of the Assembly.

(2) Deficiency in the number of representatives on the Council pending
the filling of a vacancy shall not invalidate the composition of the
Council.

Article 14. Council–Procedure

(1) The Council shall meet as often as may be necessary for the efficient
discharge of its functions, but not less than three times a year.

(2) The Council shall endeavor to take decisions unanimously. If
unanimous agreement cannot be reached, decisions shall be taken as
follows: Decisions on substantive matters shall be taken by a majority of
the representatives on the Council representing at least two-thirds of
the total voting participation of all Signatories and groups of
Signatories represented on the Council. Decisions on procedural matters
shall be taken by a simple majority of the representatives present and
voting, each having one vote. Disputes whether a specific matter is
procedural or substantive 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 present and voting, each having one vote.
The Council may adopt a different voting procedure for the election of
its officers.

(3) (a) Each representative shall have a voting participation equivalent
to the investment share or shares he represents. However, no
representative may cast on behalf of one Signatory more than 25 per cent
of the total voting participation in the Organization except as provided
in sub-paragraph (b)(iv).

(b) Notwithstanding article V(9), (10) and (12) of the Operating
Agreement:

(i) If a Signatory represented on the Council is entitled, based
on its investment share to a voting participation in excess
of 25 per cent of the total voting participation in the
Organization, it may offer to other Signatories any or all of
its investment share in excess of 25 per cent.

(ii) Other Signatories may notify the Organization that they are
prepared to accept any or all of such excess investment
share. If the total of the amounts notified to the
Organization does not exceed the amount available for
distribution, the latter amount 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 amount available for distribution, the latter
amount shall be distributed by the Council as may be agreed
among the notifying 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 investment shares pursuant to
article V of the Operating Agreement. Any distribution shall
not increase the investment share of any Signatory above 25
per cent.

(iv) To the extent that the investment share of the Signatory in
excess of 25 per cent offered for distribution is not
distributed in accordance with the procedure set forth in
this paragraph, the voting participation of the
representative of the Signatory may exceed 25 per cent.

(c) To the extent that a Signatory decides not to offer its excess
investment share to other Signatories, the corresponding voting
participation of that Signatory in excess of 25 per cent shall be
distributed equally to all other representatives on the Council.

(4) A quorum for any meeting of the Council shall consist of a majority
of the representatives on the Council, representing at least two-thirds
of the total voting participation of all Signatories and group of
Signatories represented on the Council.

Author: international