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Telecommunication Agreements By Satellite - Org- - Full Text Of The Norm

Original Language Title: CONVENIOS TELECOMUNICACIONES MOVILES POR SATELITE - ORG- - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 25.772 Adopt the Convention establishing the International Organization for Satellite Mobile Telecommunications in its amended form and the Amendment to the Agreement on the Exploitation of the International Satellite Mobile Telecommunications Organization. Sanctioned: August 13 of 2003. Cast: September 12, 2003.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:




EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.



CONSIDERING the principle set out in United Nations General Assembly resolution 1721 (XVI) that satellite communication should be as soon as possible within the reach of all nations of the world on a universal basis and without any discrimination;

CONSIDERING the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, concluded on 27 January 1967, and in particular Article 1, which states that outer space should be used for the benefit and interest of all countries;

DECIDED to continue to provide the effect for the good of world telecommunications users and using the most advanced and appropriate space technology, the most effective and economic means that are compatible with the best and most equitable use of the radio frequency spectrum and satellite orbits;

RECOGNIZING that the International Organization for Satellite Mobile Telecommunications, in accordance with its initial purpose, has established a global system of satellite mobile communications for maritime, maritime communications, including the capacity to provide relief and security communications specified in the International Convention for the Safety of Human Life at Sea, 1974, and its successive amendments, and the Regulations on Radiocommunications provided for in the Constitution and the International Telecommunications Convention

RECALLING that the Organization has expanded its initial purpose by providing aeronautical and mobile satellite communications, including aeronautical satellite communications for air traffic management and operational control of aircraft (safety aircraft) and also providing radio-determination services;

RECOGNIZING that increased competition in the provision of mobile satellite services has forced the Inmarsat satellite system to operate through the Society, as defined in Article 1, so that it can remain commercially viable and to ensure, as a basic principle, the continuity of satellite maritime communications services for relief and satellite security for the Global Maritime Relief and Security System (SMSSM);

CONCERNING that this Society also observes other basic principles, namely, non-discrimination on the basis of nationality, acting exclusively for peaceful purposes, which seek to address all areas where mobile satellite communications are necessary, and to maintain a loyal competence;

NOTING that the Society will rely on a sound economic and financial basis, taking into account accepted trade principles;

WELCOME that intergovernmental monitoring is required to ensure that the Society fulfils its obligation to provide services for the Global Maritime Relief and Security System (SMSSM) and meets other basic principles;


Article 1


For the purposes of this Convention:

(a) by "the Organization", the intergovernmental Organization established pursuant to Article 2;

(b) by "the Society", the entity or business entities established in accordance with national law and through which the Inmarsat satellite system is exploited;

c) by "Part", any State for which this Convention has entered into force;

(d) by "Public Service Agreement", the Agreement concluded by the Organization and the Society, as set out in Article 4(1);

e) by "SMSSM", the world maritime relief and security system established by the International Maritime Organization.

Article 2

Establishment of the Organization

The International Organization for Mobile Telecommunications by Satellite, henceforth called "the Organization", is established by virtue of the provisions here.

Article 3


The purpose of the Organization is to ensure that the Society will observe the basic principles set forth in this article, namely:

(a) Ensuring the continued provision of global services for satellite maritime communications of relief and security, in particular those specified in the International Convention, for the safety of human life at sea, 1974, and its successive amendments, and the Radio Regulations stipulated in the Constitution and the Convention of the International Telecommunication Union, and its successive amendments relating to the SMSSM;

(b) Providing services without discrimination on the basis of nationality;

(c) acting exclusively for peaceful purposes;

(d) Endeavouring to address all areas where mobile satellite communications are needed, with particular regard to rural and remote areas of developing countries;

(e) acting in a manner consistent with fair competition, subject to applicable laws and regulations.

Article 4

Implementation of basic principles

(1) Subject to the approval of the Assembly, the Organization shall sign a Public Service Agreement with the Society, and shall conclude other arrangements necessary for the Organization to monitor and ensure compliance by the Society with the basic principles stipulated in Article 3, and to implement any other provision of this Convention as appropriate.

(2) Any Party in whose territory the headquarters of the Society is domiciled shall take such measures as may be necessary, in accordance with its national laws, to facilitate the continuation of the Society ' s global maritime relief and security services and to observe the other basic principles referred to in Article 3.

Article 5


The organs of the Organization shall be:

(a) The Assembly;

(b) a Secretariat headed by a Director.

Article 6

Assembly: composition and meetings

(1) The Assembly shall consist of all Parties.

(2) The Assembly shall meet at regular sessions once every two years. Extraordinary sessions may be convened at the request of one third of the Parties or at the request of the Director, or in accordance with the rules of procedure of the Assembly.

(3) All Parties shall have the right to attend and participate in the meetings of the Assembly, irrespective of the place at which it is held. The arrangements agreed with the host country shall respect these rights.

Article 7

Assembly: procedure

(1) Each Party shall have one vote in the Assembly.

(2) Decisions on substantive matters shall be taken by a two-thirds majority and those on procedural matters, by a simple majority of Parties present and voting. Parties that abstain from voting shall be regarded as not voting.

(3) The decisions to be made if a matter is procedural or substantive will be taken by the President. These decisions may be rejected by a two-thirds majority of Parties present and voting.

(4) A majority of the Parties shall constitute a quorum at all meetings of the Assembly.

Article 8

Assembly: functions

The functions of the Assembly shall be:

(a) To study and examine the purposes, general policy and long-term objectives of the Organization and the activities of the Society relating to the basic principles stipulated in Article 3, taking into account the recommendations made by the Society in this regard;

(b) Take the necessary measures or procedures to ensure compliance with the basic principles by the Society, as provided for in Article 4, including the adoption of the conclusion, modification and termination of the Public Service Agreement under Article 4(1);

(c) To decide questions relating to formal relations between the Organization and States, both without parties and not, and international organizations;

(d) Decide on any amendment to this Convention, in accordance with Article 18;

(e) to appoint a Director under Article 9 of the Agreement and to separate the Director from office; and

(f) to exercise any other functions entrusted to it by the other articles of this Convention.

Article 9

The Secretariat

(1) The term of office of the Director shall last four years or any other term decided by the Assembly.

(2) The Director shall be the legal representative of the Organization and the chief executive officer of the Secretariat, and shall be accountable to the Assembly and shall act on his instructions.

(3) The Director, subject to the guidance and instructions of the Assembly, shall define the structure, number of Secretariat staff and their normal conditions of employment, as well as their consultants and other advisers, and shall appoint the staff of the Secretariat.

(4) In appointing the Director and other Secretariat staff, it will be of paramount importance to ensure that standards of integrity, competence and efficiency are as high as possible.

(5) The Organization shall conclude, with any Party on whose territory the Organization shall establish the Secretariat, an agreement, which shall be approved by the Assembly, concerning the facilities, privileges and immunities of the Organization, its Director or other officials and representatives of the Parties while in the territory of the host Government, in order to exercise its functions. Such an agreement shall be terminated when the Secretariat moves to the territory of another Government.

6) Any party other than the Party that has concluded the agreement referred to in paragraph 5 shall conclude a Protocol relating to the privileges and immunities of the Organization, its Director, its officials, experts carrying out missions to the Organization and representatives of the Parties as long as they remain in the territory of the Parties in order to carry out their functions. This protocol shall be independent of this Convention and shall stipulate the conditions under which it shall cease to apply.

Article 10


(1) Under the Public Service Agreement, the Organization shall provide that the Society pays the expenses for the following concepts:

(a) The establishment and operation of the Secretariat;

(b) the holding of the sessions of the Assembly; and

(c) The implementation of any action taken by the Organization in accordance with Article 4 to ensure that the Society observes the basic principles.

(2) Each Party shall bear its own costs of representation at meetings of the Assembly.

Article 11


The Parties, as such, shall not be responsible for the acts and obligations of the Organization or the Society, except in relation to entities that are not Parties or to natural or legal persons to which they may represent and to the extent that such responsibility may arise from treaties in force between the Party and the non-Party concerned. However, the above will not prevent a Party required to compensate a non-Party or a natural or legal person to whom it may represent by virtue of one of those treaties, invoking any rights that such a treaty may have conferred against any other Party.

Article 12

Legal personality

The Organization shall enjoy a legal personality. In particular, in order to properly fulfil its functions, it will have the capacity to formalize contracts and to acquire, lease, retain and assign property, furniture and property, as well as to be a party to legal procedures and to conclude agreements with States or international organizations.

Article 13

Relations with other international organizations

The Organization will cooperate with the United Nations and its relevant bodies in the peaceful uses of outer and ocean space, with its specialized agencies and other international organizations in matters of common concern.

Article 14


Any Party may voluntarily withdraw from the Organization at any time notifying its resignation in writing; the waiver shall be effective once the Depositary has received such notification.

Article 15

Dispute settlement

Disputes between or between Parties and the Organization on any matter arising from this Convention shall be resolved through negotiation between the Parties concerned. If within one year, from the date on which any Party had requested it, a settlement has not been reached and if the Parties to the dispute have not agreed (a) in the case of disputes between the Parties submit it to the International Court of Justice; or (b) in the case of other disputes, submit it to some other settlement procedure, the dispute, if the Parties accede to it, may be submitted to the Annex under the Convention.

Article 16

Consent to force

(1) This Convention shall be open for signature in London until its entry into force, after which it shall be open to accession. Any State may become a Party to the Convention by:

(a) The signature is 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.

(2) Ratification, acceptance, approval or accession shall be made by deposit of the corresponding instrument with the Depositary.

(3) No reservations may be made to this Convention.

Article 17

Entry into force

(1) This Convention shall enter into force sixty days after the date on which States representing 95 per cent of the initial investment shares have become parties to the Convention.

(2) Notwithstanding the provisions of paragraph (1), this Convention shall not enter into force if the case arises that it has not entered into force within thirty-six months of the date on which it was opened for signature.

(3) For a State that has deposited an instrument of ratification, acceptance, approval or accession to this Convention after the date of entry into force of this Convention, ratification, acceptance, approval or accession shall begin to rule on the date on which the instrument has been deposited.

Article 18


(1) Any Party may propose amendments to this Convention, which the Director shall communicate to the other Parties and to the Society. The Assembly will review the amendments not before six months after their submission, and take into account the recommendations of the Society. In certain cases this period may be reduced by the Assembly, by a well-founded decision, up to a maximum of three months.

(2) If approved by the Assembly, the amendment shall enter into force one hundred and twenty days after the Depositary has received the approval notifications of two thirds of the States that at the time of the approval of the Assembly were Parties. Once it has entered into force, the amendment shall be binding on the Parties, which have adopted it. For any other State that had been a party at the time of the adoption of the amendment by the Assembly, the amendment shall be binding on the day on which the Depositary receives notification of its acceptance.

Article 19


(1) The Depositary of this Convention shall be the Secretary-General of the International Maritime Organization.

(2) The Depositary shall promptly inform all Parties of:

(a) any signature of this Convention;

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

(c) The entry into force of the Convention;

(d) Approval of any amendment to this Convention and its entry into force;

(e) Any notification of waiver;

(f) Other notifications and communications relating to this Convention;

(3) At the entry into force of an amendment to this Convention, the Depositary shall transmit a certified copy thereof to the United Nations Secretariat for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, sign this Convention.

DONE IN LONDRES on the 3rd of September, one hundred and seventy-six in the Spanish, French, English and Russian languages, all the equally authentic texts being in a single original that will be deposited with the Depositary, which will send a duly certified copy to the Government of each of the States that received invitation to attend the International Conference on the Establishment of an International Maritime Satellite System and to the Government of any other State that signed or acceded to the Convention.

[signatures are omitted]



Article 1

Disputes to which Article 15 of the Convention is applicable shall be settled by an arbitral tribunal consisting of three members.

Article 2

The claimant or group of claimants wishing to submit a dispute to arbitration shall provide the respondent or the respondents and the Secretariat with the following documentation:

(a) a complete description of the dispute, the reasons why each respondent is required to participate in the arbitration and the measures requested;

(b) the reasons why the disputed matter falls within the jurisdiction of a court, and the reasons why the measures requested may be agreed by that court if it fails in favour of the claimant;

(c) An explanation as to why the plaintiff has not been able to settle the dispute by negotiation or other means without reaching arbitration;

(d) Evidence of agreement or consent of litigants in the event that this is a precondition for arbitration;

(e) the name of the person designated by the plaintiff to be part of the court.

A copy of the document will be made available to each Party and Signatory as soon as possible.

Article 3

(1) Within sixty days from the date on which all respondents have received a copy of the documentation referred to in Article 2, the respondents shall collectively designate a person to be part of the court. Within that period, the respondents, jointly or individually, may provide each litigant and the Secretariat with a document containing their individual or collective responses to the documentation referred to in Article 2, including any counter-demands arising from the disputed matter.

(2) Within thirty days of the date of the appointment of the two members of the court, they shall select a third arbitrator, who shall not have the nationality of any of the litigants, nor shall he reside in his territory or serve him.

(3) If one of the parties has not appointed an arbitrator within the specified time limit, or if the third arbitrator has not been appointed within the specified time limit, the President of the International Court of Justice, or, if he could not act or outside the same nationality as a litigant, the Vice-President or, if he could not act or outside the same nationality as a litigant, the oldest judge whose nationality is not that of any of the litigants, may, upon request,

(4) The third arbitrator will assume the chairmanship of the court.

(5) The court shall be constituted as soon as its president is appointed.

Article 4

(1) If a vacancy occurs in the court for any reason that the president or the remaining members of the court decide that it is outside the will of the litigants, or that it is compatible with the proper application of the arbitration procedure, the vacancy shall be filled in accordance with the following provisions:

(a) If the vacancy arises from the withdrawal of a member appointed by one of the parties to the dispute, this party shall elect a replacement within 10 days of the date of the vacancy;

(b) if the vacancy arises from the withdrawal of the President or a appointed member, in accordance with Article 3 (3), a substitute shall be chosen for the manner specified in Article 3 (2) or (3).

(2) If a vacancy occurs for any other reason, or if a vacancy is not filled in accordance with paragraph (1), notwithstanding the provisions of Article 1 the other members of the court shall be entitled, at the request of a party, to continue the proceedings and render the award of the court.

Article 5

(1) The court shall decide the date and place of the meetings.

(2) The proceedings will take place in private and everything presented to the court will be confidential. However, the Organization will have the right to be present and will have access to everything presented. When the Organization is litigating in the proceedings, all Parties shall have the right to be present and shall have access to everything presented.

(3) In the event that a dispute arises about the jurisdiction of the court, the matter must first be clarified.

(4) The proceedings shall be conducted in writing and each party shall have the right to submit written evidence to support its claims in fact and in law. However, if the court considers it appropriate, oral arguments and testimonies may be presented.

(5) The proceedings shall commence with the presentation by the claimant of a written statement containing the arguments, the related facts substantiated by evidence and the legal principles invoked. The plaintiff's writing will follow another, opposite, of the defendant. The plaintiff may reply to the latter, and the defendant may file a counter-replication. Additional pleadings may be made only if the court determines that they are necessary.

6) The court may see and resolve counterclaims that emanate directly from the disputed matter, if the counterclaims are within its jurisdiction under Article 15 of the Convention.

7) If the litigants agree in the course of the proceedings, that agreement must be registered as an award given by the court with the consent of the litigants.

8) The court may terminate the proceedings at the time it decides that the dispute is outside its jurisdiction, as defined in Article 15 of the Convention.

9) The deliberations of the court shall be secret.

10) The court shall submit and justify its awards in writing. The decisions and awards of the court shall be approved by at least two members. A member who disagrees with the award may submit his opinion in writing.

11) The court shall send its award to the Secretariat, which shall distribute it to all Parties.

12) The court may adopt additional rules of procedure that are in line with those established by this Annex, and are appropriate for the proceedings.

Article 6

If a party does not act, the other party may request the court to issue an award based on the written award submitted by the court. Before awarding the award, the court shall ensure that it has jurisdiction and that the case is well founded in fact and law.

Article 7

Any Party or the Organization may apply to the court for permission to intervene and also be a litigant. The court, if it states that the applicant has a substantial interest in the matter, shall accede to the request.

Article 8

At the request of a litigant or on his own initiative, the court may designate experts to assist him.

Article 9

Each Party and the Organization shall provide all information that the court, at the request of a litigant or on its own initiative, deems necessary for the development and resolution of the dispute.

Article 10

The court, pending the final award, may draw attention to any provisional measures which it deems appropriate to take to protect the respective rights of the litigants.

Article 11

(1) The court ' s award, in accordance with international law, shall be based on:

(a) The Convention;

(b) generally accepted principles of law.

(2) The court ' s award, even which, pursuant to Article 5(7) of this Annex, reflects the agreement of the litigants, shall be binding on all litigants and abide by them in good faith. If the Organization is litigant and the court decides that a decision of an organ of the Organization is null and ineffective, because it does not authorize the Convention or because it does not comply with it, the award shall be binding on all Parties.

(3) If there is a dispute as to the meaning or scope of an award, the court which rendered it shall make the appropriate interpretation at the request of any litigant.

Article 12

Unless the court decides otherwise, considering the particular circumstances of the case, the expenses of the court, including the remuneration of the members of the court, shall be equally divided between the parties. Where a party is made up of more than one litigant, the portion of the party shall be apportioned by the court among the litigants that make up the party. Where the Organization is litigant, the portion of its costs in respect of arbitration shall be considered as administrative expenses of the Organization.


This Agreement shall be terminated when the Convention ceases to be in force or, if before that, the amendments to the Convention enter into force deleting any reference to the Exploitation Agreement.