Convention on the (INMARSAT)

 

 

Article 1. Definitions

For the purposes of this Convention:

(a) “Operating Agreement”means the Operating Agreement on the
International Maritime Satellite Organization (INMARSAT), including its
annex.

(b) “Party” means a State for which this Convention has entered into
force.

(c) “Signatory” means either a Party or an entity designated in
accordance with article 2(3), for which the Operating Agreement has
entered into force.

(d) “Space segment”means the satellites, and the tracking,
telemetry, command, control, monitoring and related facilities and
equipment required to support the operation of these satellites.

(e) “INMARSAT space segment”means the space segment owned or leased
by INMARSAT.

(f) “Ship”means a vessel of any type operating in the marine
environment. It includes inter 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 machine that can derive support in the
atmosphere from the reactions of the air other than the reactions of the
air against the earth’s surface.

Article 2. Establishment of INMARSAT

(1) The International Maritime Satellite Organization (INMARSAT), herein
referred to as “the Organization”, is hereby established.

(2) The Operating Agreement shall be concluded in conformity with the
provisions of this Convention 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 Operating Agreement.

(4) Telecommunications administrations and entities may, subject to
applicable domestic law, negotiate and enter directly into appropriate
traffic agreements with respect to their use of telecommunications
facilities provided pursuant to this Convention and the Operating
Agreement, as well as with respect to services to be furnished to the
public, facilities, division of revenues and related business
arrangements.

Article 3. Purpose

(1) The purpose of the Organization is to make provision for the space
segment necessary for improving maritime communications and, as
practicable, aeronautical communications, thereby assisting in improving
communications for distress and safety of life, communications for air
traffic services, the efficiency and management of ships and aircraft,
maritime and aeronautical public correspondence services and
radiodetermination capabilities.

(2) The Organization shall seek to serve all areas where there is need
for maritime and aeronautical communications.

(3) The Organization shall act exclusively for peaceful 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 guidance and instructions as are
appropriate and consistent with its domestic law to ensure that the
Signatory fulfils its responsibilities.

(c) The Party shall not be liable 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 related international
agreements.

(d) If the Signatory withdraws or its membership is terminated the
Party shall act in accordance with article 29(3) or 30(6).

Article 5. Operational and financial principles of the organization

(1) The Organization shall be financed by the contributions of
Signatories. Each Signatory shall have a financial interest in the
Organization in proportion to its investment share which shall be
determined in accordance with the Operating Agreement.

(2) Each Signatory shall contribute to the capital requirements of the
Organization and shall receive capital repayment and compensation for use
of capital in accordance with the Operating Agreement.

(3) The Organization shall operate on a sound economic and financial
basis having regard to accepted commercial principles.

Article 6. Provision of space segment

The Organization may own or lease the space segment.

Article 7. Access to space segment

(1) The INMARSAT space segment 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 case-by-case basis, permit access to the
INMARSAT space segment by earth stations located on structures operating
in the marine environment other than ships, if and as long as the
operation of such earth stations will not significantly affect the
provision of service to ships or aircraft.

(3) Earth stations on land communicating via the INMARSAT space segment
shall be located on land territory under the jurisdiction of a Party and
shall be wholly owned by Parties or entities subject to their
jurisdiction. The Council may authorize otherwise 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 event that it or any
person within its jurisdiction intends to make provision for, or initiate
the use of, individually or jointly, separate space segment facilities to
meet any or all of the maritime purposes of the INMARSAT space segment,
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 respect to technical compatibility and shall
provide its views to the Assembly with respect to economic harm.

(3) The Assembly shall express its views in the form 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 purpose.

(4) The notification pursuant to paragraph (1), including the provision
of pertinent 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 establishment, acquisition,
utilization or continuation of separate space segment facilities for
national security purposes, or which were contracted for, established,
acquired or utilized prior to the entry into force of this Convention.

Author: international