Convention on the (INMARSAT) 5

Convention on the (INMARSAT)

Article 22. Liability

Parties are not, in their capacity as such, liable for the acts and
obligations of the Organization, except in relation to non-Parties or
natural or juridical persons they might represent in so far as such
liability may follow from Treaties in force between the Party and the
non-Party concerned. However, the foregoing does not preclude a Party
which has been required to pay compensation 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 part of the costs of the Organization.

Article 24. Audit

The accounts of the Organization shall be audited annually 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 functioning,
it shall, in particular, have the Capacity to Contract , to acquire,
lease, hold and dispose of movable and immovable property, to be a party
to legal proceedings and to conclude agreements with States or
International Organizations .

Article 26. Privileges and immunities

(1) Within the scope of activities authorized by this Convention, the
Organization and its property shall be exempt in all States Parties to
this Convention from all national income and direct national property
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 endeavours
to bring about, in accordance with the applicable domestic procedure,
such further exemption from income and direct property taxation 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 territory the headquarters is
located, shall be exempt from national taxation on income earned from the
Organization in the territory of that Party.

(3) (a) As soon as possible after the entry into force of this
Convention, the Organization shall conclude, with any Party in whose
territory 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 host Government for the
purpose of exercising their functions.

(b) The agreement shall be independent of this Convention 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 host Government.

(4) All Parties other than a Party which has concluded an agreement
referred to in paragraph (3) shall as soon as possible after the entry
into force 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 territory of Parties for the
purposes of exercising their functions. The Protocol shall be independent
of this Convention and shall prescribe the conditions for its
termination.

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, as well as other international organizations, on
matters of common 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, development, construction and establishment of the
INMARSAT space segment and in the procedures established for regulating
the operation of the INMARSAT space segment and of earth 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 territory 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 used and other 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 notification to the Depositary
withdraw voluntarily from the Organization at any time. Once a decision
has been made under applicable domestic law that a Signatory may
withdraw, notice of the withdrawal shall be given in writing to the
Depositary by the Party which has designated the Signatory, and the
notification shall signify the acceptance by the Party of the withdrawal.
Withdrawal of a Party, in its capacity as such, shall entail the
simultaneous withdrawal of any Signatory designated by the Party or of
the Party in its capacity as Signatory, as the case 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 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 the Organization and shall incur no obligation 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 share of the capital
contributions necessary 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
capital contributions and except with respect to article 31 of this
Convention and article XVI of the Operating Agreement, withdrawal shall
become effective and this Convention and/ or the Operating Agreement
shall cease to be in force for the Party and/or Signatory three months
after the date of receipt by the Depositary of the written notification
referred to in paragraph (1).

(3) If a Signatory withdraws, the Party which designated it shall, before
the effective date of withdrawal and with effect from that date,
designate a new Signatory, assume the capacity of a Signatory in
accordance with paragraph (4), or withdraw. 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
capital contributions of the previous Signatory and for the proportionate
share of any capital contributions necessary to meet contractual
commitments specifically authorized by the Organization, and liabilities
arising from acts or omissions, after the date of receipt of the notice.

(4) 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 to the Depositary. Upon assumption by the new Signatory of
all the outstanding obligations, as specified in the last sentence of
paragraph (3), of the previously designated Signatory and upon signature
of the Operating Agreement, that Agreement shall enter into force for the
new Signatory and shall cease to be in force for the previous Signatory.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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