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国际海事卫星组织(INMARSAT)特权和豁免议定书 PROTOCOL ON THE PRIVILEGES AND INMUNITIES OF THE INTERNATIONALMARITIME SATELLITE ORGANIZATION (INMARSAT)

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颁布日期:19811201  实施日期:19830730

  THE STATES PARTIES TO THIS PROTOCOL:

  Having regard to the Convention and the Operating Agreement on theInternational Maritime Satellite Organization (INMARSAT) opened forsignature at London on 3 September 1976 and, in particular, to Articles 25and 26 (4) of the Convention;

  Taking note the INMARSAT has concluded a Headquarters Agreement withthe Government of the United Kingdom of Great Britain and Northern Irelandon 25 February 1980;

  Considering that the aim of this Protocol is to facilitate theachievement of the purpose of INMARSAT and to ensure the efficientperformance of its functions; HAVE AGREED AS FOLLOWS:

  ARTICLE 1 Use of Terms

  For the purposes of this Protocol:

  (a) “Convention” means the Convention on the InternationalMaritime Satellite Organization (INMARSAT), including its Annex, openedfor signature at London on 3 September 1976;

  (b) “Operating Agreement” means the Operating Agreement on theInternational Maritime Satellite Organization (INMARSAT), including itsAnnex, opened for signature at London on 3 September 1976;

  (c) “Party to the Convention” means a State for which theConvention is in force;

  (d) “Headquarters Party” means the Party to the Convention inwhose territory INMARSAT has established its headquarters;

  (e) “Signatory” means either a Party to the Protocol or an entitydesignated by a Party to the Protocol for which the Operating Agreement isin force;

  (f) “Party to the Protocol” means a State for which this Protocolis in force;

  (g) “Staff member” means the Director General and any personemployed full time by INMARSAT and subject to its staff regulations;

  (h) “Representatives” in the case of Parties to the Protocol, theHeadquarters Party and Signatories means representatives to INMARSAT andin each case means heads of delegations, alternates and advisers;

  (i) “Archives” includes all manuscripts, correspondence,documents, photographs, films, optical and magnetic recordings, datarecordings, graphic representations and computer programmes, belonging toor held by INMARSAT;

  (j) “Official activities” of INMARSAT means activities carried outby the Organization in pursuance of its purpose as defined in theConvention and includes its administrative activities;

  (k) “Expert” means a person other than a staff member appointed tocarry out a specific task for or on behalf of INMARSAT and at its expense;

  (l) “INMARSAT space segment” means the satellites, and tracking,telemetry, command, control, monitoring and related facilities andequipment required to support the operation of these satellites, which areowned or leased by INMARSAT;

  (m) “Property” means anything that can be the subject of a rightof ownership, including contractual rights.

  ARTICLE 2 Immunity of INMARSAT from Jurisdiction and Execution

  (1) Unless it has expressly waived immunity in a particular case,INMARSAT shall, within the scope of its official activities, have immunityfrom jurisdiction except in respect of:

  (a) its commercial activities;

  (b) a civil action by a third party for damage arising from anaccident caused by a motor vehicle or other means of transport belongingto, or operated on behalf of, INMARSAT, or in respect of a traffic offenceinvolving such means of transport;

  (c) the attachment, pursuant to the final order of a court of law,of the salaries and emoluments, including pension rights, owed byINMARSAT to a staff member, or a former staff member;

  (d) a counter-claim directly connected with judicial proceedingsinitiated by INMARSAT.

  (2) Notwithstanding paragraph (1), no action shall be brought in thecourse of Parties to the Protocol against INMARSAT by Parties to theConvention, Signatories or persons acting for or deriving claims from anyof them, relating to rights and obligations under the Convention orOperating Agreement.

  (3) (a) The INMARSAT space segment, wherever located and by whomsoeverheld, shall be immune from any search, restraint, requisition, seizure,confiscation, expropriation, sequestration or execution, whether byexecutive, administrative or judicial action.

  (b) All other property and assets of INMARSAT, wherever locatedand by whomsoever held, shall enjoy the immunity set out in paragraph (3)(a), except in respect of:

  (i) an attachment or execution in order to satisfy a finaljudgement or order of a court of law that relates to any proceedings thatmay be brought against INMARSAT pursuant to paragraph (1);

  (ii) any action taken in accordance with the law of the Stateconcerned which is temporarily necessary in connection with the preventionof and investigation into accidents involving motor vehicles or othermeans of transport belonging to, or operated on behalf of, INMARSAT;

  (iii) expropriation in respect of real property for publicpurposes and subject to prompt payment of fair compensation, provided thatsuch expropriation shall not prejudice the functions and operations ofINMARSAT.

  ARTICLE 3 Inviolability of Archives

  The archives of INMARSAT shall be inviolable wherever located and bywhomsoever held.

  ARTICLE 4 Exemption from Taxes and Duties

  (1) Within the scope of its official activities, INMARSAT and itsproperty and income shall be exempt from all national direct and othertaxes not normally incorporated in the price of goods and services.

  (2) If INMARSAT, within the scope of its official activities, acquiresgoods or uses services of substantial value, and if the price of thesegoods or services includes taxes or duties Parties to the Protocol shall,whenever possible, take appropriate measures to remit or reimburse theamount of such taxes or duties.

  (3) Within the scope of its official activities, INMARSAT shall beexempt from customs duties, taxes and related charges on the INMARSATspace segment and on equipment connected with the launching of satellitesfor use in the INMARSAT space segment.

  (4) Goods acquired by INMARSAT within the scope of its officialactivities shall be exempt from all prohibitions and restrictions onimport or export.

  (5) No exemption shall be accorded in respect of taxes and dutieswhich represent charges for specific services rendered.

  (6) No exemption shall be accorded in respect of goods acquired by, orservices provided to, INMARSAT for the personal benefit of staff members.

  (7) Goods exempted under this Article shall not be transferred, hiredout or lent, permanently or temporarily, or sold, except in accordancewith conditions laid down by the Party to the Protocol which granted theexemption.

  (8) Payments from INMARSAT to Signatories pursuant to the OperatingAgreement shall be exempt from national taxes by any Party to theProtocol, other than the Party which has designated the Signatory.

  ARTICLE 5 Funds, Currency and Securities

  INMARSAT may receive and hold any kind of funds, currency orsecurities and dispose of them freely for any of its official activities.It may hold accounts in any currency to the extent required to meet itsobligations.

  ARTICLE 6 Official Communications and Publications

  (1) With regard to its official communications and transfer of all itsdocuments, INMARSAT shall enjoy in the territory of each Party to theProtocol treatment not less favourable than that generally accorded toequivalent intergovernmental organizations in the matter of priorities,rates and taxes on mails and all forms of telecommunications as far as maybe compatible with any international agreements to which that Party to theProtocol is a party.

  (2) With regard to its official communications, INMARSAT may employall appropriate means of communication, including messages in code orcypher. Parties to the Protocol shall not impose any restriction on theofficial communications of INMARSAT or on the circulation of its officialpublications. No censorship shall be applied to such communications andpublications.

  (3) INMARSAT may install and use a radio transmitter only with theconsent of the Party to the Protocol concerned.

  ARTICLE 7 Staff Members

  (1) Staff members shall enjoy the following privileges and immunities:

  (a) immunity from jurisdiction, even after they have left theservice of INMARSAT, in respect of acts, including words spoken orwritten, done by them in the exercise of their official functions; thisimmunity shall not, however, apply in the case of a traffic offencecommitted by a staff member, or in the case of damage caused by a motorvehicle or other means of transport belonging to or driven by him;

  (b) exemption, together with members of their families formingpart of their respective households, from any obligations in respect ofnational service, including military service;

  (c) inviolability for all their official papers related to theexercise of their functions within the scope of the official activities ofINMARSAT;

  (d) exemption, together with members of their families formingpart of their respective households, from immigration restrictions andalien registration;

  (e) the same treatment in the matter of currency and exchangecontrol as is accorded to staff members of intergovernmentalorganizations;

  (f) together with members of their families forming part of theirrespective households, the same facilities as to repatriation in time ofinternational crisis as are accorded to staff members of intergovernmentalorganizations;

  (g) the right to import free of duty their furniture and personaleffects, including a motor vehicle, at the time of first taking up theirpost in the State concerned, and the right to export them free of duty ontermination of their functions in that State, in both cases in accordancewith the laws and regulations of the State concerned. However, except inaccordance with such laws and regulations, goods which have been exemptedunder this sub-paragraph shall not be transferred, hired out or lent,permanently or temporarily, or sold.

  (2) Salaries and emoluments paid by INMARSAT to staff members shall beexempt from income tax from the date upon which such staff members havebegun to be liable for a tax imposed on their salaries by INMARSAT for thelatter's benefit. Parties to the Protocol may take these salaries andemoluments into account for the purpose of assessing the amount of taxesto be applied to income from other sources. Parties to the Protocol arenot required to grant exemption from income tax in respect of pensions andannuities paid to former staff members.

  (3) Provided that staff members are covered by an INMARSAT socialsecurity scheme, INMARSAT and its staff members shall be exempt from allcompulsory contributions to national social security schemes. Thisexemption does not preclude any voluntary participation in a nationalsocial security scheme in accordance with the law of the Party to theProtocol concerned; neither does it oblige a Party to the Protocol tomake payments of benefits under social security schemes to staff memberswho are exempt under the provisions of this paragraph;

  (4) The Parties to the Protocol shall not be obliged to accord totheir nationals or permanent residents the privileges and immunitiesreferred to in sub-paragraphs (b), (d), (e), (f) and (g) of paragraph (1)。

  ARTICLE 8 Director General

  (1) In addition to the privileges and immunities provided for staffmembers under Article 7, the Director General shall enjoy:

  (a) immunity from arrest and detention;

  (b) immunity from civil and administrative jurisdiction andexecution enjoyed by diplomatic agents, except in the case of damagecaused by a motor vehicle or other means of transport belonging to ordriven by him;

  (c) full immunity from criminal jurisdiction, except in the caseof a traffic offence caused by a motor vehicle or other means of transportbelonging to, or driven by him, subject to subparagraph (a) above.

  (2) The Parties to the Protocol shall not be obliged to accord totheir nationals or permanent residents the immunities referred to in thisArticle.

  ARTICLE 9 Representatives of Parties

  (1) Representatives of the Parties to the Protocol and representativesof the Headquarters Party shall enjoy, while exercising their officialfunctions and in the course of their journeys to and from their place ofmeeting, the following privileges and immunities:

  (a) immunity from any form of arrest or detention pending trial;

  (b) immunity from jurisdiction, even after the termination oftheir mission, in respect of acts, including words spoken or written, doneby them in the exercise of their official functions; however, there shallbe no immunity in the case of a traffic offence committed by arepresentative, or in the case of damage caused by a motor vehicle orother means of transport belonging to or driven by him;

  (c) inviolability for all their official papers;

  (d) exemption, together with members of their families formingpart of their respective households, from immigration restrictions andalien registration;

  (e) the same treatment in the matter of currency and exchangecontrol as is accorded to representatives of foreign governments ontemporary official missions;

  (f) the same treatment in the matter of customs as regards theirpersonal luggage as is accorded to representatives of foreign governmentson temporary official missions.

  (2) The provisions of paragraph (1) shall not apply in relationsbetween a Party to the Protocol and its representatives. Further, theprovisions of paragraphs (a), (d), (e) and (f) of paragraph (1) shall notapply in relations between a Party to the Protocol and its nationals orpermanent residents.

  ARTICLE 10 Representatives of Signatories

  (1) Representatives of Signatories and representatives of theSignatory of the Headquarters Party shall, while exercising their officialfunctions in relation to the work of INMARSAT and in the course of theirjourneys to and from their place of meeting, enjoy the followingprivileges and immunities:

  (a) immunity from jurisdiction, even after the termination oftheir mission, in respect of acts, including words spoken or written, doneby them in the exercise of their official functions; however, there shallbe no immunity in the case of a traffic offence committed by arepresentative, or in the case of damage caused by a motor vehicle orother means of transport belonging to or driven by him;

  (b) inviolability for all their official papers;

  (c) exemption, together with members of their families formingpart of their respective households, from immigration restrictions andalien registration.

  (2) The provisions of paragraph (1) shall not apply in relationsbetween a Party to the Protocol and the representative of the Signatorydesignated by it. Further, the provisions of subparagraph (c) of paragraph(1) shall not apply in relations between a Party to the Protocol and itsnationals or permanent residents.

  ARTICLE 11 Experts

  (1) Experts, while exercising their official functions in relation tothe work of INMARSAT, and in the course of their journeys to and from theplace of their missions, shall enjoy the following privileges andimmunities:

  (a) immunity from jurisdiction, even after the termination oftheir mission, in respect of acts, including words spoken or written, doneby them in the exercise of their official functions; however, there shallbe no immunity in the case of damage caused by a motor vehicle or othermeans of transport belonging to or driven by him;

  (b) inviolability for all their official papers;

  (c) the same treatment in the matter of currency and exchangecontrol as is accorded to the staff members of intergovernmentalorganizations;

  (d) exemption, together with members of their families formingpart of their respective households, from immigration restrictions andalien registration;

  (e) the same facilities as regards their personal luggage as areaccorded to experts of other intergovernmental organizations.

  (2) The Parties to the Protocol shall not be obliged to accord totheir nationals or permanent residents the privileges and immunitiesreferred to in sub-paragraphs (c), (d), and (e) of paragraph (1)。

  ARTICLE 12 Notification of Staff Members and Experts

  The Director General of INMARSAT shall at least once every year notifythe Parties to the Protocol of the names and nationalities of the staffmembers and experts to whom the provisions of Articles 7, 8 and 11 apply.

  ARTICLE 13 Waiver

  (1) The privileges, exemptions and immunities provided for in thisProtocol are not granted for the personal benefit of individuals but forthe efficient performance of their official functions.

  (2) If, in the view of the authorities listed below, privileges andimmunities are likely to impede the course of justice, and in all caseswhere they may be waived without prejudice to the purposes for which theyhave been accorded, these authorities have the right and duty to waivesuch privileges and immunities:

  (a) the Parties to the Protocol in respect of theirrepresentatives and representatives of their Signatories;

  (b) the Council in respect of the Director General of INMARSAT;

  (c) the Director General of INMARSAT in respect of staff membersand experts;

  (d) the Assembly, convened if necessary in extraordinary session,in respect of INMARSAT.

  ARTICLE 14 Assistance to Individuals

  The Parties to the Protocol shall take all appropriate measures tofacilitate entry, stay and departure of representatives, staff members andexperts.

  ARTICLE 15 Observance of Laws and Regulations

  INMARSAT, and all persons enjoying privileges and immunities underthis Protocol, shall, without prejudice to the other provisions thereof,respect the laws and regulations of the Parties to the Protocol concernedand cooperate at all times with the competent authorities of those Partiesin order to ensure the observance of their laws and regulations.

  ARTICLE 16 Precautionary Measures

  Each Party to the Protocol retains the right to take all precautionarymeasures necessary in the interest of its security.

  ARTICLE 17 Settlement of Disputes

  Any dispute between Parties to the Protocol or between INMARSAT and aParty to the Protocol concerning the interpretation or application of theProtocol shall be settled by negotiation or by some other agreed method.If the dispute is not settled within twelve (12) months, the partiesconcerned may, by common agreement, refer the dispute for decision to atribunal of three arbitrators. One of these arbitrators shall be chosen byeach of the parties to the dispute, and the third, who shall be theChairman of the tribunal, shall be chosen by the first two arbitrators.Should the first two arbitrators fail to agree upon the third within twomonths of their own appointment, the third arbitrator shall be chosen bythe President of the International Court of Justice. The tribunal shalladopt its own procedures and its decisions shall be final and binding onthe parties to the dispute.

  ARTICLE 18 Complementary Agreements

  INMARSAT may conclude with any Party to the Protocol complementaryagreements to give effect to the provisions of this Protocol as regardssuch Party to the Protocol to ensure the efficient functioning ofINMARSAT.

  ARTICLE 19 Signature, Ratification and Accession

  (1) This Protocol shall be open for signature at London from 1December 1981 to 31 May 1982.

  (2) All Parties to the Convention, other than the Headquarters Party,may become Parties to this Protocol by:

  (a) signature not subject to ratification, acceptance or approval;or

  (b) signature subject to ratification, acceptance or approval,followed by ratification, acceptance or approval; or

  (c) accession.

  (3) Ratification, acceptance, approval or accession shall be effectedby the deposit of the appropriate instrument with the Depositary.

  (4) Reservations to this Protocol may be made in accordance withinternational law.

  ARTICLE 20 Entry into Force and Duration of Protocol

  (1) This Protocol shall enter into force on the thirtieth day afterthe date on which ten Parties to the Convention have fulfilled therequirements of paragraph (2) of Article 19.

  (2) This Protocol shall cease to be in force if the Convention ceasesto be in force.

  ARTICLE 21 Entry into Force and Duration for a State

  (1) For a State which has fulfilled the requirements of paragraph (2)of Article 19 after the date of entry into force of this Protocol, theProtocol shall enter into force on the thirtieth day after the date ofsignature or of the deposit of such instrument with the Depositaryrespectively.

  (2) Any Party to the Protocol may denounce this Protocol by givingwritten notice to the Depositary. The denunciation shall become effectivetwelve (12) months after the date of receipt of the notice by theDepositary or such longer period as may be specified in the notice.

  (3) A Party to the Protocol shall cease to be a Party to the Protocolon the date that it ceases to be a Party to the Convention.

  ARTICLE 22 Depositary

  (1) The Director General of INMARSAT shall be the Depositary of thisProtocol.

  (2) The Depositary shall, in particular, promptly notify all Partiesto the Convention of:

  (a) any signature of the Protocol;

  (b) the deposit of any instrument of ratification, acceptance,approval or accession;

  (c) the date of entry into force of this Protocol;

  (d) the date when a State has ceased to be a Party to thisProtocol;

  (e) any other communications relating to this Protocol.

  (3) Upon entry into force of this Protocol, the Depositary shalltransmit a certified copy of the original to the Secretariat of the UnitedNations for registration and publication in accordance with Article 102 ofthe Charter of the United Nations.

  ARTICLE 23 Authentic Texts

  This Protocol is established in a single original in the English,French, Russian and Spanish languages, all the texts being equallyauthentic, and shall be deposited with the Director General of INMARSATwho shall send a certified copy to each Party to the Convention.

  IN WITNESS WHEREOF the undersigned . duly authorized for that purposeby their respective Governments, have signed this Protocol.

  [ Signature Omitted.]

  DONE AT LONDON this first day of December one thousand nine hundredand eighty one.

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