1999 ACT 544

(December 23)

Official Journal No 43,837 of 31 December 1999

COLOMBIA CONGRESS

By means of which the "Amendment to Article 17 f) of the Agreement on the International Organization of Telecommunications by Satellite-Intelsat" made in Washington is approved. Twenty (20) August of a thousand nine hundred and seventy-one (1971), approved by the Twenty-th Assembly of the Parties in Copenhagen, Denmark, on 31 August 1995, and the " Amendment to the Incisos (d) (i) and (h) of Article 6o. and (f) of Article 22 of the Operational Agreement of the Telecommunications Organization by Satellite " made in Washington on twenty (20) August of one thousand nine hundred and seventy-one (1971), approved by the Twenty-Fifth Meeting of Signatories in Singapore on 4 April 1995.

Having regard to the text of the "Amendment to Article 17 (f) of the Agreement Relating to the International Telecommunications Organization by Satellite" -Intelsat-made in Washington on August 20 (20) (a) nine hundred and seventy-one (1971) approved by the 20th Assembly of the Parties in Copenhagen, Denmark, on 31 August 1995 and the ' Amendment to the Incisos (d) (i) and (h) of Article 6o. and (f) of Article 22 of the Operational Agreement of the Telecommunications Organization by Satellite " made in Washington on twenty (20) August of one thousand nine hundred and seventy-one (1971), approved by the Twenty-Fifth Meeting of Signatories in Singapore on 4 April 1995.

(To be transcribed: photocopies of the integrated texts of the aforementioned international instruments are attached, including their amendments, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

RELATIVE AGREEMENT

TO INTERNATIONAL ORGANIZATION

SATELLITE TELECOMMUNICATIONS

"INTELSAT"

Including the amendment to Article XVII (f) of the Agreement approved by the Twenty-th Assembly of the Parties in Copenhagen, Denmark, on 31 August 1995.

PREAMBLE:

States Parties to this Agreement,

Considering the principle stated in Resolution 1721 (XVI) of the United Nations General Assembly, estimating that communication by satellites must be as soon as possible within the reach of all nations of the world with character universal and without any discrimination,

having regard to the relevant provisions of the Treaty on the principles to govern the activities of States in the exploration and use of outer space, including the Moon and other celestial bodies, and in particular their Article 1 stating that the outer space should be used for the benefit of and in the interest of all countries,

Having regard to the Agreement establishing an interim regime for a global commercial satellite telecommunications system, and the Special Agreement, a global commercial telecommunications system has been established, satellite,

Eager to continue the development of this satellite telecommunications system with the aim of achieving a single global commercial satellite telecommunications system as part of a world-wide telecommunications network able to provide broader telecommunications services to all areas of the world and contribute to world peace and understanding,

Determined to provide such purposes, for the benefit of all humanity, by means of the most advanced techniques available, the most effective and economical facilities possible compatible with the best and most equitable use of the spectrum of frequencies radioelectric and orbital space,

Estimating that satellite telecommunications should be organized in such a way as to enable all peoples to have access to the global satellite system, and to allow those Member States of the International Telecommunication Union the possibility of investing capital in that system and of participating in the design, development, construction, including the provision of equipment, installation, operation, maintenance and ownership of the system.

Under the Agreement establishing an interim regime for a global commercial satellite telecommunications system.

They come in the following:

ARTICLE 1o. Definitions.

For the purposes of this Agreement:

(a) The term "Agreement" designates this Agreement, including the Annexes thereto, but excluding the titles of the Articles, opened for the signature of the Governments in Washington on August 20, 1971, for which the Organization is established International Telecommunications by Satellite "Intelsat":

(b) The term "Operating Agreement" designates the agreement, including its Annex, but excluding the titles of the articles, opened in Washington on August 20, 1971 to the signature of the governments or telecommunications entities designated by governments, in accordance with the provisions of this Agreement;

(c) The term "Interim Agreement" designates the Agreement establishing a provisional regime for the global commercial satellite communications system, signed by the Governments in Washington on August 20, 1964;

(d) The term "Special Agreement" means the Agreement signed on 20 August 1964 by the Governments or the telecommunications entities designated by the Governments, in accordance with the provisions of the Interim Agreement;

(e) The term "Interim Telecommunication Committee" designates the Committee established by Article 4 of the Interim Agreement;

(f) The term "Party" designates the State for which this Agreement has entered into force to which it is provisionally applied;

(g) The term "Signatory" designates the party or the telecommunications entity designated by the party, which has signed the Operating Agreement and for which the latter has entered into force or is provisionally applied to it;

(h) The term "space segment" means the telecommunications satellites, the facilities and the monitoring, telemetry, telematics, control, checking and other related equipment necessary for the operation of such satellites;

(i) The term "Intelsat space segment" designates the spatial segment owned by Intelsat;

(j) The term "telecommunications" means any transmission, emission or reception of signs, signals, writings, images, sounds or information of any nature, by wire, radio, optical or other electromagnetic systems;

(k) The term "public telecommunications services" means fixed or mobile telecommunications services which can be provided by satellite and which are available for use by the public, such as telephony, telegraphy, telex, facsimile transmission, data transmission, broadcasting of broadcast and television programmes between approved earth stations for access to the Intelsat space segment, for further transmission to the public, as well as leased circuits for any of these purposes; but excluding those services mobile of a type which has not been provided in accordance with the Interim Agreement and the Special Agreement prior to the opening for signature of this Agreement, provided by means of mobile stations operating directly with a satellite designed in whole or in part to provide services related to the safety or control in flight of aircraft or to air or sea navigation;

(l) The term "specialised telecommunications services" means telecommunications services other than those defined in paragraph (k) of this Article, which may be provided by satellite, including, but not limited to, limited to this, radio navigation services, satellite broadcasting for reception by the general public, space research, meteorological and land resources;

(m) The term "property" includes any element, including contractual rights, whatever its nature, on which property rights may be exercised; and

(n) The terms "conception" and "development" include research directly related to Intelsat's purposes.

ARTICLE 2o. Establishing Intelsat.

(a) Giving due consideration to the principles set out in the preamble to this Agreement, the parties establish by the same international satellite telecommunications organization "Intelsat", the main purpose of which is to continue and improve the design, development, construction, establishment, maintenance and exploitation of the space segment of the global commercial satellite telecommunications system, established in accordance with the provisions of the the Interim Agreement and the Special Agreement;

(b) Each State party shall sign or designate a public or private telecommunications entity to sign the Operating Agreement, which shall be concluded in accordance with the provisions of this Agreement, and shall be opened for signature to the same time to be covered by this Agreement. Relations between any telecommunications entity, in its capacity as Signatory, and the party that designated it shall be governed by applicable national law;

(c) Telecommunications administrations and entities may, in accordance with their applicable national law, negotiate and conclude directly those traffic agreements that are appropriate for the use of the same, telecommunications circuits provided under this Agreement and the Operating Agreement, as well as the services to be provided to the public, facilities, income distribution and related trade agreements.

ARTICLE 3o. Scope of Intelsat activities.

(a) In the continuation and improvement on the basis of the activities relating to the space segment of the global commercial satellite telecommunications system referred to in paragraph (a) of Article II of this Agreement, Intelsat will have as its primary objective the supply, on a commercial basis, of the space segment necessary to provide all areas of the world without discrimination, public international services of high quality telecommunications and confidence.

(b) They will be considered on the same basis as the international public telecommunications services:

(i) National public telecommunications services between areas separated by areas not under the jurisdiction of the State concerned, or between areas separated by the high seas; and

(ii) National public telecommunications services between areas which are not communicated to each other by means of broadband terrestrial installations and which are separated by natural barriers of such exceptional nature as to prevent the viable establishment of land-based broadband facilities between such areas, provided that the Meeting of Signatories, taking into account the advice of the Board of Governors, has previously granted the relevant approval.

(c) The spatial segment of Intelsat, established to achieve its primary objective, will be provided for other public telecommunications services on a non-discriminatory basis and to the extent that it does not undermine the the ability of Intelsat to achieve its primary objective.

(d) On request, and subject to appropriate terms and conditions, the Intelsat space segment may also be used for specialized telecommunications, international or national services, not intended for military purposes, provided that:

(i) This will not adversely affect the provision of public telecommunications services; and

(ii) The arrangements are otherwise acceptable from the technical and economic point of view.

(e) Intelsat may provide, separately from its space segment, satellites or related facilities, upon request and subject to appropriate terms and conditions for:

(i) National public telecommunications services in territories under the jurisdiction of one or more Parties;

(ii) Public international telecommunications services between territories under the jurisdiction of two or more parties;

(iii) Specialized telecommunications services, which are not for military purposes;

Whenever the efficient and economical operation of the Intelsat space segment is not in any way undermined.

(f) The use of the Intelsat space segment for specialised telecommunications services in accordance with paragraph (d) of this Article, as well as the supply of separate satellites or related facilities in the segment Intelsat space in accordance with paragraph (e) of this Article shall be the subject of contracts concluded between Intelsat and those who request it.

The use of Intelsat space segment facilities for specialised telecommunications services in accordance with paragraph (d) of this Article, as well as the provision of separate satellites or related facilities Intelsat space segment for specialised telecommunications services in accordance with paragraph (e) of paragraph (e) of this Article shall be in accordance with appropriate authorisations of the Assembly of the Parties at the stage of planning, in accordance with paragraph (iv) of paragraph (c) of Article VII of the present Agreement. If the use of Intelsat space segment installations for specialised telecommunications services will result in additional costs resulting from changes required in existing or planned installations of the Intelsat space segment, or whether it is the supply of satellites or related facilities separated from the Intelsat space segment for specialised telecommunications services in accordance with point (iii) of paragraph (e) of the This article shall be obtained in accordance with paragraph (iv) of paragraph (c) of the Article 7 of this Agreement, the authorization of the Assembly of Parties as soon as the Board of Governors can report in detail to the Assembly of Parties on the estimated cost of the proposal, the benefits that would derive from it, the technical or other problems which it would entail and the likely effects on the existing or foreseeable services of Intelsat. Such authorisation shall be obtained before the start of the procurement procedure for the installation or installations concerned. Prior to granting such authorisations, the Assembly of the Parties shall, in appropriate cases, conduct consultations, or shall ensure that there have been consultations by Intelsat, with the Specialized Agencies of the United Nations which have direct competition with regard to the supply of the specialised telecommunications services in question.

ARTICLE 4. Legal personality.

(a) Intelsat will have legal personality. It will have the full capacity to exercise its functions and achieve its objectives, including:

i) Concerting agreements with States or international organizations;

(ii) Contry;

(iii) Acquire and dispose of goods; and

(iv) Act on trial.

(b) Each party shall take the necessary measures within its respective jurisdiction to make the provisions of this Article effective, in terms of its own laws.

ARTICLE 5o. Financial principles.

(a) Intelsat will be the owner of the Intelsat space segment and all other assets acquired by Intelsat. The financial interest in Intelsat of each signatory shall be equal to the amount to be reached by applying its investment participation to the assessment made as determined in Article 7o. of the Operating Agreement;

(b) Each signatory will have an investment participation corresponding to its percentage of the total utilization of the Intelsat space segment by all signatories, as determined by the provisions of the Operating Agreement. However, no signatory, even if its use of the Intelsat space segment is null, will have an investment participation less than the minimum set in the Operating Agreement;

(c) Each Signatory shall contribute to the capital requirements of Intelsat and receive capital reimbursement and capital use compensation in accordance with the provisions of the Operating Agreement;

(d) All users of the Intelsat space segment shall pay usage charges determined in accordance with the provisions of this Agreement and the Operating Agreement. The space segment utilization rates for each type of utilization shall be the same for all spatial segment allocation applicants for that type of utilization;

(e) Intelsat may finance and have the ownership, as part of the Intelsat space segment, of the separate satellites and related facilities referred to in paragraph (e) of the article 3 of the This Agreement, after the unanimous approval of all Signatories. If such approval is not granted, they must remain separate from the Intelsat space segment and those who request it will have to finance and have ownership of the same. In this case, the terms and financial conditions laid down by Intelsat shall be sufficient to cover fully the costs resulting from the design, development, construction and supply of such satellites and related facilities. as well as an appropriate part of the general and administrative expenses of Intelsat.

ARTICLE 6o. Intelsat structure.

(a) Intelsat will have the following organs:

(i) The Assembly of Parties;

(ii) The Signatory Meeting;

(iii) The Board of Governors; and

(iv) An executive body, accountable to the Board of Governors;

(b) Except to the extent that this Agreement or the Operational Agreement specifically provides otherwise, no body shall take decisions or act in any other way that alters, annuls, demorates or in any way impedes the exercise of a power or the performance of a responsibility or function attributed to another body by this Agreement or by the Operating Agreement;

(c) Subject to paragraph (b) of this article, the Assembly of Parties, the Signatory Meeting and the Board of Governors shall each take note, and shall give due and appropriate consideration to any resolution or recommendation taken, or (a) the Commission shall, in accordance with Article 1 (1) of Regulation (EC) No 631 of the European Union, on the application of the provisions of this Agreement.

ARTICLE 7o. Assembly of Parties.

(a) The Assembly of the Parties shall be composed of all parties and shall be the principal organ of Intelsat.

(b) The Assembly of the Parties shall consider those matters of Intelsat that are primarily of interest to the parties as sovereign States. You will have the power to consider the overall policy and long-term objectives of Intelsat that are consistent with the principles, purposes and scope of Intelsat's activities as set out in this Agreement. In accordance with paragraphs (b) and (c) of Article 6 of the Present Agreement, the Assembly of the Parties shall give appropriate and appropriate consideration to the resolutions, recommendations and points of view referred to it by the Assembly. Signatories or Board of Governors meeting;

(c) The Assembly of Parties shall have the following functions and powers:

(i) In exercising your power to consider the overall policy and long-term objectives of Intelsat, express views or make recommendations, as you deem appropriate, to the other organs of Intelsat;

(ii) Determine that measures are taken to prevent the activities of Intelsat from entering into conflict with any general multilateral convention that is compatible with this Agreement and to which at least two-thirds have acceded of the parties;

(iii) Consider and make decisions on proposals to amend this Agreement in accordance with Article 17 , as well as make proposals, express views and make recommendations on amendments to the Operational Agreement;

(iv) Authorize, by means of general rules or specific determinations, the use of the Intelsat space segment and the supply of satellites and related facilities separated from the Intelsat space segment for specialized services of telecommunications, within the scope of the activities set out in paragraph (d) and paragraph (iii) of paragraph (e) of Article 3 of this Agreement;

(v) Browse, in order to ensure the application of the principle of non-discrimination, the general rules established in accordance with paragraph (v) of paragraph (b) of Article 8 of this Agreement;

(vi) Consider and express your views on the reports presented by the Signatory Meeting and the Board of Governors on the implementation of Intelsat's overall policies, activities and long-term program.

(vii) Express, in the form of recommendations and in accordance with Article 14 of this Agreement, its conclusions regarding the intention to establish, acquire or use space segment facilities separated from the Intelsat space segment;

(viii) Decide, in accordance with paragraph (i) of paragraph (b) of article 16 of this Agreement, regarding the withdrawal of a part of Intelsat;

(ix) Deciding on matters relating to official relations between Intelsat and States, whether Parties or not, or international organizations;

(x) Consider the complaints submitted to you by the parties;

(xi) Select the case-laws referred to in Article 3o. Annex C to this Agreement;

(xii) Decide on the appointment of the Director General in accordance with Articles 11 and 12 of this Agreement;

(xiii) Adopt the structure of the executive body in accordance with Article 12 of this Agreement; and

(xiv) Exercise any other powers under the privileges of the Assembly of the Parties in accordance with the provisions of this Agreement;

(d) The first regular meeting of the Assembly of the Parties shall be convened by the Secretary-General within one year from the date of the entry into force of this Agreement. The following ordinary meetings shall be organised every two years. However, the Assembly of the Parties may have another meeting at each meeting.

(e) (i) In addition to the ordinary meetings provided for in paragraph (d) of this Article, the Assembly of the Parties may hold extraordinary meetings to be convened, at the request of the Board of Governors acting in accordance with the provisions of Articles 14 or 16 of this Agreement, at the request of one or more parties when it has the acceptance of at least one-third of the parties, including the who submitted the application.

(ii) Requests for extraordinary meetings should express the purpose of the meeting and should be sent in writing to the Secretary-General or the Director-General, who shall take the necessary steps to ensure that the meeting is held the brevity possible and in accordance with the rules of procedure of the Assembly of the Parties for the convening of such meetings.

(f) The quorum for any meeting of the Assembly of the Parties shall be constituted by the representatives of a majority of the Parties. Each Party shall have one vote. Decisions on substantive matters shall be taken by an affirmative vote of at least two-thirds of the parties whose representatives are present and voting. Decisions on procedural matters shall be taken by an affirmative vote by a simple majority of the Parties whose representatives are present and voters.

Controversies over whether a matter is procedural or substantive will be decided by a vote cast by a simple majority of the parties whose representatives are present and voters;

(g) The Assembly of the Parties shall adopt its own rules of procedure, which shall include a provision for the election of a President and other members of the Board

Directors;

(h) Each Party shall bear its own representation expenses at meetings of the Assembly of the Parties. The expenses of the meetings of the Assembly of the Parties shall be considered as an administrative expense of Intelsat for the purposes of Article 8. of the operational agreement.

ARTICLE 8. Meeting of Signatories.

(a) The Signatory Meeting shall be composed of all the signatories. In accordance with paragraphs (b) and (c) of Article 6 of this Agreement, the Signatories ' Meeting shall give due and proper consideration to the resolutions, recommendations and points of view referred to it by the Assembly of Parties or Board of Governors;

(b) The Signatory Meeting shall have the following functions and powers:

(i) Consider and express to the Board of Governors its views on the annual report and annual financial statements presented to it by the Board of Governors;

(ii) Express your views and make recommendations on proposed amendments to this Agreement in accordance with Article 7 of this Agreement, as well as examine and make decisions, in accordance with provisions of Article 22 of the Operational Agreement and taking into account all the observations and recommendations expressed by the Assembly of the Parties or the Board of Governors on the proposed amendments to the Operational Agreement with this Agreement;

(iii) Consider and express your views on the reports presented to you by the Board of Governors on future programs, including on the possible financial implications thereof;

(iv) Consider and decide on any recommendations made by the Board of Governors regarding an increase in the ceiling provided for in Article 5o. of the Operating Agreement;

(v) By recommendation of the Board of Governors and for guidance, establish general rules regarding:

(A) Approval of earth stations for access to the Intelsat space segment;

(B) The capacity allocation of the Intelsat space segment, and

(C) The establishment and adjustment of the utilization rates of the Intelsat space segment on a non-discriminatory basis.

(vi) Make decisions, in accordance with Article 16 of this Agreement, regarding the withdrawal of an Intelsat Signatory;

(vii) Consider and express your views on the complaints submitted to you by the Signatories, either directly or through the Board of Governors, or the users of the Intelsat space segment who are not Signatories for Board of Governors ' conduit;

(viii) Prepare and submit to the Assembly of the Parties, and to the Parties, reports on the implementation of the General Policy, the activities and the long-term programme of Intelsat;

(ix) Make decisions on approvals referred to in paragraph (ii) of paragraph (b) of Article 3 of this Agreement;

(x) Consider and express your views on the report on permanent management arrangements submitted by the Board of Governors to the Assembly of Parties pursuant to paragraph (g) of Article 12 to this Agreement;

(xi) Proceed annually to the determinations provided for in Article 9 of this Agreement for the purposes of representation on the Board of Governors; and

(xii) Exercise all other powers under the terms of the Signatory Meeting in accordance with the provisions of this Agreement and the Operating Agreement.

(c) The first regular meeting of the Signatory Meeting shall be convened by the Secretary-General at the request of the Board of Governors within nine months of the entry into force of this Agreement. An ordinary meeting shall be held in each calendar year.

(d) (i) In addition to the ordinary meetings provided for in paragraph (c) of this Article, the Signatory Meeting may hold extraordinary meetings to be convened, either at the request of the Board of Governors, at the request of a or more Signatories when it has the acceptance of a third of the Signatories at least, including those who submitted the application.

(ii) Requests for extraordinary meetings should express the purpose of the meeting and should be sent in writing to the Secretary-General or the Director-General, who shall take the necessary steps to ensure that the meeting is held the brevity possible and in accordance with the rules of procedure of the Meeting of Signatories for the convening of such meetings. The order of the day for such a meeting will be limited to the purpose for which it is called;

(e) The quorum for any session of the Signatory Meeting shall be constituted by the representatives of the majority of the Signatories. Each Signatory will have one vote.

Decisions on substantive issues shall be taken by an affirmative vote of at least two-thirds of the Signatories whose representatives are present and voters. Decisions on procedural matters shall be taken by an affirmative vote by a simple majority of the Signatories whose representatives are present and voters. Disputes over whether a specific question is procedural or substantive shall be decided by a vote cast by a simple majority of the signatories whose representatives are present and voters.

(f) The Signatories ' meeting shall adopt its own rules of procedure, which shall include a provision for the election of a President and other members of the Board;

(g) Each Signatory shall bear its own representation expenses at the meetings of the Signatory Meeting. The expenses of the Meeting of Signatories shall be considered as an administrative expense of Intelsat for the purposes of Article 8 of the Operating Agreement.

ARTICLE 9o. Board of Governors: composition and vote.

(a) The Board of Governors will be composed of:

(i) A Governor representing each Signatory whose investment participation is no less than the minimum participation determined in accordance with paragraph (b) of this Article;

(ii) A Governor representing each group of two or more Signatories not represented in accordance with paragraph (i) of the Subparagraph, the sum of which is not less than the minimum holding determined in accordance with the Paragraph (b) of this Article and which have agreed to be represented;

(iii) A Governor representing each group of not less than five Signatories not represented in accordance with the points (i) or (ii) of this paragraph and belonging to one of the regions defined in the Union Plenipotentiary Conference International Telecommunications, held in Montreux in 1965, whatever the total investment interests of the Signatories that make up the group. However, the number of Governors within this category shall not exceed two of any region defined by the Union, or five of all those regions.

(b) (i) During the period between the entry into force of this Agreement and the first meeting of the Signatory Meeting, the minimum investment participation that will entitle a Signatory or Signatory Group to be represented on the Board of Governors, will be equal to the participation of investment of the Signatory that occupies the 13th place in the list in order of decreasing order of the amounts of the initial investment participations of all the Signatories.

(ii) After the period referred to in paragraph (i) of this paragraph, the Signatory Meeting shall set annually the minimum investment participation which shall entitle a Signatory or Group of Signatories to be represented on the Board of Governors. To this end, the Meeting of Signatories shall ensure that the number of Governors is approximately twenty, excluding those that have been designated in accordance with paragraph (iii) of paragraph (a) of this Article.

(iii) For the purposes of making the determinations referred to in paragraph (ii) of this paragraph, the Signatory Meeting shall establish a minimum investment participation in accordance with the following procedure:

(A) If the Board of Governors, at the time of the determination, has twenty to twenty-two Governors, the Meeting of Signatories shall establish a minimum investment participation equal to that of the Signatory which is on the list At that moment, it occupies the same position as it occupied in the list in force when the previous determination was made, the Signatory selected on that occasion.

(B) If the Board of Governors, at the time of the determination, has more than twenty-two Governors, the Meeting of Signatories shall establish a minimum investment participation equal to that of the Signatory which is on the list in force in the that moment occupies a previous position to which, in the list in force when the previous determination was made, occupied the Signatory selected on that occasion;

C) If the Board of Governors, at the time of making the determination, has less than twenty Governors, the Meeting of Signatories shall establish a minimum investment participation equal to that of the Signatory which is on the list in force at that time. The moment is in a position after which, in the list in force when the previous determination was made, occupied the Signatory selected on that occasion.

(iv) If by the application of the method of arrangement provided for in section (B) of paragraph (iii) of this paragraph, the number of Governors is less than twenty, or in the case of the fraction (C) of the same point, more than twenty-two, the Meeting of Signatories shall determine a minimum investment participation that best ensures that there are twenty Governors;

(v) For the purposes of the provisions set out in points (iii) and (iv) of this paragraph, the governors appointed in accordance with paragraph (iii) of paragraph (a) of this Article shall not be taken into account;

(vi) For the purposes of the provisions of this paragraph, investment interests determined in accordance with point (ii) of paragraph (c) of Article 6o. the Operating Agreement shall enter into force from the first day of the ordinary meeting of the Signatory Meeting following that determination;

(C) Whenever a Signatory or Group of Signatories satisfactorily meets the representation requirements in accordance with points (i), (ii) or (iii) of paragraph (a) of this Article, it shall be entitled to be represented on the Board of Governors.

In the case of the groups referred to in paragraph (iii) of paragraph (a) of this Article, this right shall be conferred as soon as the executive body receives a written request from that group and provided that the number of groups already represented At the time of receipt of such a written request, the Board of Governors has not reached the limits laid down in paragraph (iii) of paragraph (a) of this Article. If, at the time of receipt of such requests in writing, the composition of the Board of Governors has already reached the limits laid down in paragraph (iii) of paragraph (a) of this Article, the group of Signatories concerned may submit your request to the next ordinary meeting of the Signatories ' Meeting for resolution, in accordance with the provisions of paragraph (d) of this Article;

(d) At the request of any group or groups of Signatories included in paragraph (iii) of paragraph (a) of this Article, the Meeting of Signatories shall annually determine which of these groups shall be or continue to be represented. on the Board of Governors. To this end, if these groups are more than two of any region defined by the International Telecommunication Union, or are more than five of all those regions, the Meeting of Signatories will first choose the group with the highest the combined investment participation of each region defined by the Union and of which a written request has been received in accordance with paragraph (c) of this Article. If the number of groups so chosen is less than five, the remaining groups to be represented shall be chosen in the descending order of each group's investment units, without exceeding the limits laid down in the point (iii) of paragraph (a) of this Article.

(e) In order to ensure continuity on the Board of Governors, each Signatory or Group of Signatories represented in accordance with the points (i), (ii) or (iii) of paragraph (a) of this Article shall continue to be represented individually. or as part of such a group, until the following determination made in accordance with paragraph (b) or paragraph (d) of this Article, notwithstanding any changes that may occur in its participation or investment interests as a result of any adjustment in the investment units. However, the representation as part of a group shall cease if the withdrawal of the group of one or more Signatories deprives the group of the right to be represented on the Board of Governors in accordance with the provisions of (ii) or (iii) of the paragraph (a) of this Article;

(f) Subject to the provisions of paragraph (g) of this Article, each Governor shall have a voting share equal to the share of the investment participation of the Signatory or Signatory Group representing the using the Intelsat space segment for the following types of services:

(i) International telecommunications utilities;

(ii) National public telecommunications services between areas separated by areas not under the jurisdiction of the State concerned, or between areas separated by the high seas; and

(iii) National public telecommunications services between areas which are not communicated to each other by means of broadband terrestrial installations and which are separated by natural barriers of such exceptional nature as to prevent the viable establishment of terrestrial broadband facilities between such areas, provided that the Signatory Meeting has previously granted the relevant approval in accordance with paragraph (ii) of paragraph (b) of Article III of this Regulation. Agreement.

(g) For the purposes of paragraph (f) of this article, the following rules apply:

(i) If in accordance with the provisions of paragraph (d) of Article 6o. the Operating Agreement is granted to a Signatory a smaller investment participation, the reduction shall be applied proportionally to all types of its use;

(ii) If in accordance with the provisions of paragraph (d) of Article 6o. the Operational Agreement is granted to a Signatory a higher investment participation, the increase shall be applied proportionally to all types of its use;

(iii) If in accordance with the provisions of paragraph (h) of Article 6o. of the Operating Agreement a Signatory has an investment participation of 0,05% and is part of a group for purposes of representation on the Board of Governors in accordance with the provisions laid down in points (ii) or (iii) of the paragraph (a) of this Article, its investment participation shall be considered as arising from its use of the Intelsat space segment for services of the types referred to in paragraph (f) of this Article; and

(iv) No Governor may issue more than forty percent of the total vote share of all Signatories and Groups of Signatories represented on the Board of Governors. If the voting participation of any governor is to exceed forty percent of the total voting shares, the surplus shall be distributed equally among the other members on the Board of Governors.

(h) For the purposes of the composition of the Board of Governors and the calculation of the voting share of the governors, the investment units determined in accordance with point (ii) of sub-paragraph (c) of Article 6o. the Operating Agreement shall enter into force from the first day of the ordinary meeting of the Signatory Meeting to be held after that determination;

(i) The quorum for any Board of Governors meeting shall be constituted by a majority of the Board of Governors comprising at least two-thirds of the total voting participation of all Signatories and Signatory Groups. represented on the Board of Governors, either by the total number of Governors minus three, regardless of the amount of voting shares they represent;

(j) The Board of Governors shall seek to take its decisions unanimously.

However, in the absence of unanimous agreement, it will take decisions:

(i) On all substantive issues, be it by an affirmative vote issued by a minimum of four Governors having at least two-thirds of the total vote share of all Signatories and Groups of Signatories Represented on the Board of Governors, taking into account the distribution of excess referred to in paragraph (g) of paragraph (g) of this Article, by an affirmative vote of at least the total number of Governors minus three, regardless of the amount of voting shares they represent;

(ii) In all procedural matters, by an affirmative vote issued by a simple majority of the Governors present and voters, with one vote each;

(k) The controversies over whether a matter is procedural or substance will be resolved by the Chairman of the Board of Governors. The President's decision may be rejected by a two-thirds majority of the Governors present and voters, with one vote each.

(l) The Board of Governors may, if deemed appropriate, create consultative commissions to assist in the performance of their duties;

(m) The Board of Governors shall adopt its own rules of procedure, which shall include the method for the election of a President and the other members of the Board.

Notwithstanding the provisions of paragraph (j) of this Article, the regulation may provide for any method of voting that the Board of Governors considers appropriate for the election of the members of the Board of Directors.

(n) The first meeting of the Board of Governors shall be convened in accordance with the provisions of paragraph 2. of the Annex to the Operational Agreement. The Board of Governors shall meet the required frequency, but not less than four times a year.

ARTICLE 10. Board of Governors: functions.

(a) The Board of Governors shall have responsibility for the design, development, construction, establishment, operation and maintenance of the Intelsat space segment and, in accordance with this Agreement, the Agreement. Operative and determinations which in this respect have been adopted by the Assembly of the Parties, as provided for in Article VII of this Agreement, to carry out the other activities undertaken by Intelsat. In order to fulfil those responsibilities, the Board of Governors shall have the powers and shall exercise the functions under its powers in accordance with this Agreement and the Operational Agreement, which shall include:

(i) Adopting policies, plans and programmes in relation to the design, development, construction, establishment, operation and maintenance of the Intelsat space segment and, as appropriate, in relation to the other activities that Intelsat is authorized to undertake;

(ii) Adopt procedures, rules, terms and conditions for acquisitions, compatible with Article 13 of this Agreement, and approve procurement contracts;

(iii) Adopt financial policies and annual financial reports and approve budgets;

(iv) Adopt policies and procedures consistent with Article 17 of the Operating Agreement for the acquisition, protection and distribution of rights to inventions and technical information;

(v) Make recommendations to the Signatory Meeting regarding the establishment of the general rules referred to in paragraph (v) of paragraph (b) of Article 8 of this Agreement;

(vi) Adopt criteria and procedures, in accordance with the general rules that would have been established by the Signatory Meeting, for the approval of terrestrial stations for access to the Intelsat space segment, for verification and verification of the operating characteristics of earth stations having access to the Intelsat space segment and the coordination of access to the Intelsat space segment, and its use, by those earth stations;

(vii) Adopt the terms and conditions governing the allocation of the capacity of the Intelsat space segment, in accordance with the general rules that would have been established by the Signatory Meeting;

(viii) periodically determine the rates of use of the Intelsat space segment, in accordance with the general rules that would have been established by the Signatory Meeting;

(ix) Adopt the appropriate measures, in accordance with the provisions of Article 5o. of the Operating Agreement, in relation to an increase in the ceiling provided for in that Article;

(x) Address the negotiation with the Party on whose territory the Intelsat headquarters is located, in order to conclude a Headquarters Agreement concerning the privileges, exemptions and immunities referred to in paragraph (c) of Article 15 of this Agreement, and submit that Agreement to the Assembly of Parties for its decision;

(xi) Approve the access of non-standard earth stations to the Intelsat space segment, in accordance with the general rules that have been established by the Signatory Meeting;

(xii) Establish the terms and conditions of access to the Intelsat space segment by telecommunications entities that are not under the jurisdiction of a Party, according to the general rules established by the Meeting of Signatories pursuant to paragraph (v) of paragraph (b) of Article 8or of this Agreement and the provisions of paragraph (d) of Article 5or of this Agreement;

(xiii) Decide on the hiring of loans and arrangements for overdrafts, in accordance with Article 10 of the Operating Agreement;

(xiv) Present to the Signatories Meeting an annual report on the activities of Intelsat as well as annual financial statements;

(xv) Submit to the Signatory Meeting reports on future programs, including on the potential financial implications of such programs;

(xvi) Submit to the Meeting of Signatory Reports and Recommendations on any other matter that the Board of Governors deems appropriate for consideration by the Signatory Meeting;

(xvii) Provide information that is required by any Party or Signatory that allows such Party or Signatory to comply with its obligations under this Agreement or with the Operating Agreement;

(xviii) Name and revoke the appointment of the Secretary-General, in accordance with Article 12, and the Director General, in accordance with Articles 7, 11 and 12, of this Agreement;

(xix) Designate a senior official of the executive body to act as Acting Secretary-General, in accordance with paragraph (i) of paragraph (d) of Article 12, and appoint a senior official of the executive body to act as Acting Director General, in accordance with paragraph (i) of paragraph (d) of Article 11 of this Agreement;

(xx) Set the number, status and terms of employment for all the positions of the executive body, on the recommendation of the Secretary-General or the Director General;

(xxi) Approve the appointment, by the Secretary-General or by the Director General, of senior officials who are directly dependent on him;

(xxii) Concerting contracts, in accordance with paragraph (ii) of paragraph (c) of Article 11 of this Agreement;

(xxiii) Establish general internal rules and take decisions, on a case-by-case basis, with respect to the notification to the International Telecommunication Union, in accordance with its rules of procedure of the frequencies to be used for the Intelsat space segment;

(xxiv) Provide the Signatory Meeting with the advice referred to in paragraph (ii) of paragraph (b) of Article 3 of this Agreement;

(xxv) Express, in accordance with the provisions of paragraph (c) of Article 14 of this Agreement, its views in the form of recommendations and to give its opinion to the Assembly of the Parties, paragraphs (d) or (e) of that Article, with respect to the intention to establish, acquire or use space segment installations separated from those of the Intelsat space segment;

(xxvi) Adopt the measures provided for in Article 16 of this Agreement and in Article 21 of the Operating Agreement, in connection with the withdrawal of a Signatory from Intelsat; and

(xxvii) Express your views and make recommendations on the proposed amendments to this Agreement, in accordance with paragraph (b) of Article 17 of this Agreement, propose amendments to the Agreement Operative, in accordance with paragraph (a) of Article 22 , and express its views and make recommendations regarding the proposed amendments to the Operational Agreement, in accordance with the paragraph (b) of Article 22 of the same;

(b) Pursuant to the provisions of paragraphs (b) and (c) of Article 6 of this Agreement, the Board of Governors shall:

(i) Give due and proper consideration to resolutions, recommendations and points of view addressed to it by the Assembly of Parties and the Meeting of Signatories; and

(ii) In their reports to the Assembly of Parties and to the Signatory Meeting, include information on actions or decisions taken with respect to such resolutions, recommendations or views and the reasons for which they were taken such actions or decisions.

ARTICLE 11. Director General.

(a) The executive body shall be chaired by the Director General and its structure shall be established within six years of the entry into force of this Agreement;

(b) (i) The Director-General shall be the Chief Executive Officer and the legal representative of Intelsat, and shall respond directly to the Board of Governors of the performance of all the functions of the Management;

(ii) The Director General shall act in accordance with the policies and directives of the Board of Governors;

(iii) The Director General shall be appointed by the Board of Governors and shall be subject to confirmation by the Assembly of the Parties. The Director General may be dismissed from office, as a result, by the Board of Governors acting by his own authority.

(iv) The main consideration to be taken into account for the appointment of the Director General and for the selection of the rest of the staff of the executive body will be the need to ensure the highest standards of integrity, competence and efficiency. The Director General and the other staff of the executive body shall refrain from any action incompatible with their responsibilities vis-à-vis Intelsat.

(c) (i) Permanent provisions on management shall be compatible with the basic objectives and purposes of Intelsat, with the international character of Intelsat and with the obligation of Intelsat to provide, on a commercial basis, High quality and reliable telecommunications facilities.

(ii) The Director-General, representing Intelsat, shall contract with one or more competent entities the performance of technical and operational functions, at the maximum extent possible within due consideration of costs and compatible with the criteria of suitability, effectiveness and efficiency. Such entities may have a different nationality or be an international property company and under the control of Intelsat. Such contracts shall be negotiated, executed and administered by the Director General;

(d) (i) The Board of Governors shall appoint a senior official of the staff of the executive body to act as Acting Director General when the Director-General is absent, prevented from carrying out his duties, or when his position remains vacant. The Acting Director-General shall be capable of exercising all the powers of the Director-General in accordance with this Agreement and the Operational Agreement. In the case of a vacancy, the Acting Director-General shall perform his duties until a duly appointed and confirmed Director-General takes up his post as soon as possible in accordance with paragraph (iii) of paragraph (b) of this Article. Article;

(ii) The Director General may delegate to other officials of the executive body the necessary powers to address the needs of the moment.

ARTICLE 12. Transient Management and General Secretary.

(a) As priority issues from the entry into force of this Agreement, the Board of Governors:

(i) You shall appoint the Secretary-General and authorize the appointment of the staff necessary to assist you;

(ii) Prepare the management services contract in accordance with paragraph (e) of this article; and

(iii) Initiate the preparation of the study on the final management arrangements, in accordance with paragraph (f) of this Article.

(b) The Secretary-General shall be the legal representative of Intelsat until the first Director General assumes his position. In accordance with the policies and directives of the Board of Governors, the Secretary-General shall be responsible for the performance of all management services, except for those to be provided under the contract of the Board of Governors. the management agreed in accordance with paragraph (e) of this Article, including the services specified in Annex A to this Agreement. The Secretary-General will keep the Board of Governors broadly aware of the performance of the management services contractor in the performance of his contract. As far as possible, the Secretary-General shall be present or represented in, and shall observe, the negotiations of, the main contracts directed by the management services contractor representing Intelsat, but shall not participate in the same. To this end, the Board of Governors may authorise the appointment to the executive body of a small number of technically qualified staff to assist the Secretary-General. The Secretary-General shall not interpose between the Board of Governors and the management services contractor or exercise a supervisory function over that contractor;

(c) The primary consideration in the appointment of the Secretary-General and the selection of the other staff of the executive body will be the need to ensure the highest standards of integrity, competence and efficiency. The Secretary-General and other staff of the executive body shall refrain from any incompatible with their responsibilities vis-à-vis Intelsat. The Secretary-General may be removed, if there is cause, by the Board of Governors acting by his own authority.

The position of Secretary-General will cease to exist as soon as the first Director General assumes his position;

(d) (i) The Board of Governors shall appoint a senior official of the executive body to act as Acting Secretary-General when the Secretary-General is absent, prevented from performing his duties or his position is vacant. The Acting Secretary-General shall be capable of exercising all powers that are incumbent upon the Secretary-General in accordance with this Agreement and the Operational Agreement. In the case of vacancy, the Acting Secretary-General shall take up his post until a new Secretary-General, appointed by the Board of Governors as soon as possible, takes up his post.

(ii) The Secretary-General may delegate to other officials of the executive body the necessary powers to address the needs of the moment.

(e) The contract referred to in paragraph (ii) of paragraph (a) of this Article shall be concluded between the 'Communications Satellite Corporation', referred to in this Agreement, and Intelsat, and shall cover the performance of technical and operational management services for Intelsat, as specified in Annex B to this Agreement and in accordance with the guidelines laid down therein, for a period ending at the end of the sixth year to from the date of entry into force of this Agreement. The contract shall include provisions in accordance with which the contractor for management services:

(i) Acting by the relevant policies and directives of the Board of Governors;

(ii) You will be directly accountable to the Board of Governors until the first Director General takes office, and thereafter will be through the Director General; and

(iii) Provide the Secretary-General with all necessary information to ensure that the Secretary-General keeps the Board of Governors fully informed of the performance of the management services contractor, and to be present or represented, and to observe, but not to intervene, in the negotiations of the main contracts carried out on behalf of Intelsat by the contractor of management services.

The management services contractor will negotiate, grant, amend and manage contracts on behalf of Intelsat, within the limits of its responsibilities under the management services contract and as authorized by another The Board of Governors. In accordance with an authorization under the management services contract, or otherwise authorized by the Board of Governors, the management services contractor will sign contracts representing Intelsat within the limits of its responsibilities. All other contracts must be signed by the Secretary-General.

(f) The study referred to in paragraph (iii) of paragraph (a) of this Article shall be initiated as soon as possible and, in any event, within one year of the date on which this Agreement enters into force. It will be carried out by the Board of Governors and will aim to provide the information necessary to determine the definitive management arrangements that are more efficient and effective within the rules contained in the article 11 of this Agreement. The study shall take into account, inter alia, the following elements:

(i) The principles outlined in paragraph (i) of paragraph (c) of Article 11 and the policy expressed in paragraph (ii) of paragraph (c) of Article 11 of this Agreement;

(ii) Experience acquired during the period of application of the Interim Agreement and the transitional management arrangements provided for in this Article;

(iii) The organisation and procedures adopted by telecommunications entities worldwide and, in particular, those concerning the application of the guiding principles to management and the efficiency of management;

(iv) Information similar to that referred to in paragraph (iii) of this paragraph with respect to multinational companies engaged in the application of advanced technologies; and

(v) Reports to be entrusted to no fewer than three professional consultants on management issues in different parts of the world.

(g) Within four years from the date of entry into force of this Agreement, the Board of Governors shall submit to the Assembly of the Parties a comprehensive report incorporating the results of the study referred to in the (iii) in paragraph (a) of this Article, which shall include the recommendations of the Board of Governors on the structure of the executive body. It shall also send copies of that report, as soon as available, to the Signatory Meeting and to all Parties and Signatories;

(h) Within five years from the date of entry into force of this Agreement, the Assembly of the Parties shall, after having considered the report of the Board of Governors referred to in paragraph (g) of this Article and Any other point of view on the matter that the Signatory Meeting may have expressed, shall adopt the structure of the executive body that is compatible with the provisions of Article 11 of the present Agreement.

(i) The Director General shall assume his position one year before the end of the management service contract referred to in paragraph (ii) of paragraph (a) of this Article, or on 31 December 1976, of the two dates whichever is the first. The Board of Governors shall appoint the Director-General and the Assembly of the Parties shall confirm in advance sufficient time to allow the Director-General to assume his position in accordance with this paragraph. Upon assuming his position, the Director General shall be responsible for all management services, including the performance of the duties performed up to that time by the Secretary General, and for the oversight of the performance of the service contractor. management.

(j) The Director-General, acting in accordance with the relevant policies and directives of the Board of Governors, shall take all necessary means to ensure that the final management arrangements shall be applied in full. within six years from the date of entry into force of this Agreement.

ARTICLE 13. Acquisitions.

(a) In accordance with this Article, the acquisition of the goods and services required by Intelsat shall be made by the award of contracts, based on responses to tenders in public international tender, to the Tenders offering the best combination of quality, price and optimal delivery time. The services referred to in this Article are those to be provided by legal persons.

(b) If there were more than one offer that contained such a combination, the contract will be awarded in such a way as to stimulate, in the interests of Intelsat, global competition.

(c) The public international tender may be dispensed with in those cases specifically referred to in Article 16 of the Operational Agreement.

ARTICLE 14. Rights and obligations of members.

(a) The Parties and the Signatories shall exercise the rights and fulfil their obligations under this Agreement in such a way as to fully respect and promote the principles set out in the preamble and the provisions of this Agreement. to this Agreement.

(b) All Parties and all Signatories shall be permitted to be present and to participate in all conferences and meetings in which they are entitled to be represented in accordance with any provisions of this Agreement and of the Operating Agreement, as well as any other meeting convened or held under the auspices of Intelsat, in accordance with the agreements made by Intelsat for such meetings, regardless of where they are held. The Executive Body shall ensure that the agreements with the Host Party or Signatory for each of those conferences or meetings provide for the admission and stay in the host country for the duration of such a conference or meeting of the Parties. representatives of all Parties and all Parties with the right to attend.

(c) To the extent that any Party, signatory or person under the jurisdiction of a Party, intends to establish, acquire or use space segment facilities separated from those of the Intelsat space segment for (a) to meet its national telecommunications utility needs, such Party or Signatory, before establishing, acquiring or using such facilities, shall consult with the Board of Governors, which shall express in the form of recommendations its conclusions on the technical compatibility of such installations and their operation with the use by Intelsat of the radio frequency spectrum and the orbital space for its existing or projected space segment.

(d) To the extent that any Party, Signatory or person under the jurisdiction of a Party projects, individually or jointly, to establish, acquire or use space segment facilities separated from those of the Intelsat space segment. in order to meet their needs in the field of international public telecommunications services, such parties or signatories, before establishing, acquiring or using such facilities, shall provide the Assembly with all the relevant information and consult with it, through the Board of Directors Governors, to ensure the technical compatibility of such installations and their operation with the use by Intelsat of the spectrum of radio frequencies and orbital space for their existing or projected space segment and to avoid considerable economic damage to the global Intelsat system. Once such consultations have been carried out, the Assembly of the Parties, taking into consideration the advice of the Board of Governors, shall express in the form of recommendations its conclusions regarding the considerations expressed in this paragraph, as well as the provision or use of such facilities shall not prejudice the establishment of direct telecommunications links by means of the Intelsat space segment between all participants.

(e) To the extent that any Party, Signatory, or person under the jurisdiction of a Party, intends to establish, acquire or use space segment facilities separated from those of the Intelsat space segment for to meet their needs in the field of specialized national or international telecommunications services, the Party or the corresponding Signatory, before establishing, acquiring or using such facilities, shall supply all information relevant to the Assembly of the Parties, through the Board of Governors. The Assembly of the Parties shall, taking into account the advice of the Board of Governors, express in the form of recommendations its conclusions regarding the technical compatibility of such facilities and their operation with the use by Intelsat of the spectrum of radio frequencies and orbital space for its existing or projected space segment.

(f) The recommendations of the Assembly of the Parties or of the Board of Governors, made in accordance with this Article, shall be made within six months of the date of the commencement of the procedures laid down in the Previous paragraphs. To this end, an extraordinary meeting of the Assembly of the Parties may be convened.

(g) This Agreement shall not apply to the establishment, acquisition or use of space segment facilities separated from those of the Intelsat space segment solely for national security purposes.

ARTICLE 15. Intelsat headquarters, privileges, exemptions and immunities.

(a) The Intelsat headquarters will be located in Washington.

(b) Within the scope of the activities authorized by this Agreement, Intelsat and its assets shall be exempt in any State Party to this Agreement, from any national income tax and from any domestic direct tax on the goods and all customs duties on telecommunications satellites and parts and parts for such satellites to be launched for use in the world system. Each Party undertakes to do what it can to grant Intelsat and its assets, in accordance with its internal procedures, those other tax exemptions on income, direct taxes on property, and rights. Tariff quotas, which are desirable taking into account the peculiar nature of Intelsat.

(c) Each Party other than the Party on whose territory the Intelsat headquarters is located, or the Party on whose territory the Intelsat headquarters is located, as the case may be, shall grant, in accordance with the Protocol or the Headquarters Agreement referred to in this paragraph, respectively, the privileges, exemptions and immunities appropriate to Intelsat, its senior officials and those categories of employees specified in those Protocol and Headquarters Agreement, to the Parties and to the representatives of the Parties, the Signatories and the representatives of Signatories and persons participating in the arbitration proceedings. In particular, each Party shall grant such individuals immunity from prosecution for acts performed, or written or spoken words, in the performance of their duties and within the limits of their obligations to the degree and in the cases provided for. in the Headquarters Agreement and the Protocol referred to in this paragraph. The Party on whose territory the headquarters of Intelsat is located shall, as soon as possible, enter into a Headquarters Agreement with Intelsat concerning privileges, exemptions and immunities. The Headquarters Agreement shall include a provision that any Signatory acting as such, except for the Signatory designated by the Party in whose territory the seat is located, shall be exempt from national taxes on revenue received from Intelsat in the territory of that Party. The other Parties shall, as soon as possible, agree on a Protocol on privileges, exemptions and immunities. The Headquarters Agreement and the Protocol shall be independent of this Agreement and each shall provide for the conditions of its termination.

ARTICLE 16. Retirement.

(a) (i) Any Party or Signatory may voluntarily withdraw from Intelsat. The Parties shall notify the Depositary in writing of their decision to withdraw. The decision to withdraw a Signatory shall be notified in writing to the executive body through the Party which designated it and such notification shall mean acceptance by the Party of the notification of the withdrawal decision.

(ii) The voluntary withdrawal notified in accordance with paragraph (i) of this paragraph shall take effect, and both this Agreement and the Operating Agreement shall cease to be in force for the withdrawal Party or Signatory, three months later. of the date of receipt of the notification or, if the notification so indicates, on the date on which the following determination of investment interests is carried out in accordance with point (ii) of paragraph (c) of Article 6o. of the Operational Agreement after the expiry of the three-month period.

(b) (i) If it seems that a Party has ceased to comply with any of the obligations provided for in this Agreement, the Assembly of the Parties shall, after receiving notification of this effect or acting on its own initiative and having considered any claims made by the Party may decide, if it finds that such non-compliance has occurred, that such a Party is considered to be withdrawn from Intelsat. This Agreement shall cease to be in force for that Party from the date of such decision. To this end, an extraordinary meeting of the Assembly of the Parties may be convened.

(ii) If it seems that a Signatory, as such, has ceased to comply with any of the obligations laid down in this Agreement or in the Operating Agreement, other than those imposed by paragraph (a) of Article 4 (a). of the Operating Agreement, and that such non-compliance has not been remedied three months after the Signatory has received written notification from the executive body of a Board of Governors resolution for which it takes note of the failure, the Board of Governors, after considering the allegations submitted by the Signatory or the Party that designated it, may suspend the rights of the corresponding Signatory and may likewise recommend to the Meeting of Signatories To be considered as a retired of Intelsat. If the Meeting of Signatories, after examining the allegations submitted by that Signatory or by the Party that designated it, approves the above recommendation of the Board of Governors, the withdrawal of the Signatory shall take effect from the date of its adoption. approval, and both this Agreement and the Operational Agreement shall cease to be in force for the same as from that date.

(c) If a signatory ceases to pay any sum due in accordance with paragraph (a) of Article 4 (a). of the Operating Agreement within three months from the date of the expiration of such payment, the rights of the Signatory in accordance with this Agreement and the Operating Agreement shall be automatically suspended. If, within three months of the date of the suspension, the Signatory has not paid all the sums due, or the party which designated it has not made a replacement in accordance with paragraph (f) of this Article, the Board of Governors, after considering the allegations submitted by that Signatory or by the party that designated it, may recommend to the Meeting of Signatories that the Signatory be considered as withdrawn from Intelsat. The Signatories ' Meeting, after examining the claims made by that Signatory, may decide that it shall be considered as withdrawn from Intelsat, and from the date of such decision this Agreement and the Operating Agreement shall cease to be be in force for the Signatory.

(d) The withdrawal of a Party as such will involve the simultaneous withdrawal of the Signatory designated by that Party, or the Party in its capacity as Signatory, as the case may be, and this Agreement and the Operating Agreement shall cease to be in force for such withdrawal. Signatory on the same date as the present Agreement ceases to be in force for the party that designated it.

(e) In all cases of withdrawal of an Intelsat Signatory, the party that designated it will assume the quality of Signatory, or designate a new Signatory whose designation will take effect on the date of such withdrawal, or withdraw from Intelsat.

(f) If for any reason a Party wishes to be replaced by the Signatory which it had designated, or to designate a new Signatory, it shall give written notice to the Depositary; and after assuming the new Signatory all the outstanding Obligations of the After signing the Operating Agreement, this Agreement and the Operating Agreement shall enter into force for the new Signatory and shall cease to be in force for the Signatory which had been designated in the first place and for whom were in force.

(g) Upon receipt of the Depositary or the Executive Body, as the case may be, the notification of the withdrawal decision in accordance with paragraph (i) of paragraph (a) of this Article, the Party that submitted such notification and the Signatory Signatory by the same, or the Signatory in respect of which the notification was made, as the case may be, they will lose all the rights of representation and of vote in all the organs of Intelsat and they will not be liable or any obligation after the receipt of the notification, unless the Signatory has the obligation, unless the Board of Governors decide otherwise in accordance with Article 21 (d) of the Operational Agreement to pay the share of the necessary capital contributions to meet the contractual commitments specifically authorised prior to such receipt, as the responsibilities arising from acts or omissions prior to such receipt.

(h) During the period of suspension of the rights of a Signatory in accordance with paragraph (ii) of paragraph (b), or paragraph (c) of this Article, such Signatory shall continue to have all the obligations and responsibilities of a Signatory pursuant to this Agreement and to the Operating Agreement.

(i) If in accordance with paragraph (ii) of paragraph (b) or paragraph (c) of this Article, the Signatory Meeting decides not to approve the Board of Governors ' recommendation that a Signatory be considered as withdrawn from Intelsat, Suspension shall be revoked on the date of such decision and on the basis of the Signatory shall enjoy all the rights provided for in this Agreement and the Operating Agreement, subject to the suspension of a Signatory in accordance with the Agreement. paragraph (c) of this Article, in which case the suspension shall not be revoked until the Signatory has paid the sums due in accordance with paragraph (a) of Article 4 (a). of the Operating Agreement.

(j) If in accordance with paragraph (ii) of paragraph (b) or paragraph (c) of this Article, the Signatory Meeting approves the Board of Governors ' recommendation that a Signatory be considered as withdrawn from Intelsat, Signatory, after such approval, shall not incur any obligation or liability, except that it shall have the obligation, unless the Board of Governors otherwise decides in accordance with paragraph (d) of Article 21 of the Agreement. Operative, to pay the part that corresponds to the necessary capital contributions to make in the face of the contractual commitments specifically authorised before such approval, as well as the responsibilities arising out of acts or omissions prior to such approval.

(k) If in accordance with paragraph (i) of paragraph (b) of this Article, the Assembly of Parties decides that a Party shall be deemed to be withdrawn from Intelsat, that Party in its capacity as Signatory, or its designated Signatory, as the case may be. shall have no obligation or responsibility after such decision, except that the Party in its capacity as Signatory, or its designated Signatory, as the case may be, shall have the obligation, unless the Board of Governors decides otherwise in accordance with Article 21, paragraph (d) of the Operational Agreement, to pay the part of the the capital contributions necessary to address both the contractual commitments specifically authorised before such a decision, and the liabilities arising from acts or omissions prior to such a decision.

(l) The clearance of accounts between Intelsat and a Signatory for which this Agreement and the Operating Agreement have ceased to be in force, except in the case of substitution in accordance with paragraph (f) of this Article, shall carry out in accordance with Article 21 of the Operational Agreement.

(m) (i) The notification of a Party's decision to withdraw pursuant to paragraph (i) of this Article shall be transmitted by the Depositary to all parties and to the executive body, which shall transmit it to all parties. signatories.

(ii) If the Assembly of Parties decides that a Party is deemed to be withdrawn from Intelsat in accordance with the provisions of paragraph (i) of paragraph (b) of this Article, the Executive Body shall notify all Signatories and the Depositary, which shall notify all Parties.

(iii) The notification of a Signatory's decision to withdraw in accordance with paragraph (i) of paragraph (a) of this Article or the withdrawal of a Signatory in accordance with paragraph (ii) of paragraph (b), or paragraphs (c) or (d), of this Article, shall be transmitted by the Executive Body to all Signatories and to the Depositary, which shall notify all Parties.

(iv) The suspension of a Signatory in accordance with paragraph (ii) of paragraph (b) or paragraph (c) of this Article shall be notified by the executive body to all Signatories and to the Depositary, which shall notify all Parties.

(v) The replacement of a Signatory in accordance with paragraph (f) of this Article shall be notified by the Depositary to all Parties and to the Executive Body, which shall notify all Signatories.

(n) You shall not require the withdrawal of Intelsat from any Party, or the Signatory that it has designated, as a direct consequence of any change in the condition of that Party in respect of the International Telecommunication Union.

ARTICLE 17. Amendments.

(a) Any Party may propose amendments to this Agreement. The proposed amendments will be submitted to the executive body, which will distribute them to all parties and signatories as soon as possible.

(b) The proposed amendments shall be considered by the Assembly of the Parties at their first ordinary meeting following the distribution by the executive body, or at an earlier extraordinary meeting convened in accordance with Article vii of the This Agreement, provided that in both cases the proposals have been distributed not less than 90 days before the opening of the corresponding meeting. The Assembly of the Parties shall, for this purpose, examine the observations and recommendations it has received in respect of the proposed amendments to the Meeting of Signatories or the Board of Governors.

(c) The Assembly of the Parties shall take decisions on the proposed amendments in accordance with the quorum and voting rules laid down in Article VII of this Agreement. It may amend proposals for amendments distributed in accordance with paragraph (b) of this Article and take decisions on proposed amendments which would not have been distributed but which are directly from a proposal for an amendment. or an amended amendment.

(d) The amendments approved by the Assembly of the Parties shall enter into force in accordance with paragraph (e) of this Article after the Depositary has received notification of the approval, acceptance or ratification of the amendment, by:

(i) Two-thirds of the States that were parties on the date the amendment was approved by the Assembly of the Parties, provided that these two-thirds include parts that they had then, or whose Designated Signatories had then, at least two (a) a third of the total of the investment units

or

(ii) A number of States equal to or greater than eighty-five percent of the total number of States that were Parties on the date the amendment was approved by the Assembly of the Parties, whichever is the amount of the investment that those Parties or their designated Signatories have had on that occasion.

(e) The Depositary shall notify all Parties, as soon as they have received them, of the acceptances, approvals or ratifications required by paragraph (d) of this Article for the entry into force of an amendment. Ninety days from the date of this notification, the amendment shall enter into force for all Parties, including those which have not yet accepted, approved or ratified it and which have not been withdrawn from Intelsat.

(f) Notwithstanding the provisions of paragraphs (d) and (e) of this Article, no amendment shall enter into force before eight months from the date on which it has been approved by the Assembly of the Parties.

ARTICLE 18. Dispute resolution.

(a) All legal disputes arising in connection with the rights and obligations provided for in this Agreement, or in relation to obligations assumed by the Parties in accordance with paragraph (c) of Article 14 or paragraph (c) of Article 15 of the Operational Agreement, between the Parties, or between Intelsat and one or more Parties, if they are not otherwise resolved within a reasonable period of time, shall be subject to arbitration in accordance with the provisions of Annex C to this Agreement. Any legal dispute arising in connection with the rights and obligations under this Agreement and the Operational Agreement between one or more Parties and one or more Signatories may be subject to arbitration in accordance with the provisions of this Agreement. provisions of Annex C to this Agreement, provided that the Party or Parties and the Signatory or Signatories concerned agree.

(b) All legal disputes arising in connection with rights and obligations under this Agreement, or in connection with obligations under this Agreement or in connection with obligations assumed by the Parties in accordance with Article 14 (c) or paragraph (c) of Article 15 of the Operational Agreement, between a Party and a State which has ceased to be a Party, or between Intelsat and a State which has ceased to be a Party, and which arise after that State has ceased to be a Party, if it is not otherwise resolved within a reasonable period of time, shall be subject to arbitration in accordance with the provisions of Annex C to this Agreement, provided that the State which has ceased to be a Party so agrees. If a State ceases to be a Party, or if a State or telecommunications entity ceases to be a signatory, having commenced an arbitration in which it is litigant, in accordance with paragraph (a) of this Article, such arbitration shall be and concluded.

(c) All legal disputes arising as a result of agreements concluded between Intelsat and any Party shall be subject to the dispute settlement provisions contained in those agreements. In the absence of such provisions, such disputes, if not otherwise resolved, may be submitted to arbitration in accordance with the provisions of Annex C to this Agreement if the litigants so agree.

ARTICLE 19. Signature.

(a) This Agreement shall be open for signature in Washington, from 20 August 1971 until it enters into force, or until a period of nine months has elapsed, of the two dates whichever occurs first:

(i) by the Government of any State party to the Interim Agreement;

(ii) by the Government of any other Member State of the International Telecommunication Union.

(b) Any Government that signs this Agreement may do so without its signature being subject to ratification, acceptance or approval, or accompanying its signature with a declaration that it is subject to ratification, acceptance or approval.

(c) Any State referred to in paragraph (a) of this Article may accede to this Agreement after it is closed to the firm:

(d) No reservation may be made to this Agreement.

ARTICLE 20. Entry into effect.

(a) This Agreement shall enter into force 60 days after the date on which it has been signed not subject to ratification, acceptance or approval, or has ratified, accepted or approved, or acceded to it, two-thirds of the States which were parties to the Interim Agreement on the date on which this Agreement was opened for signature, provided that:

(i) those two-thirds include parties that then had, or parties whose signatories to the Special Agreement then had, at least two-thirds of the quotas under the Special Agreement, and

(ii) such parties or their designated telecommunications entities have signed the Operating Agreement.

On the date of the commencement of this sixty-day period, the provisions of paragraph 2 of the Annex to the Operating Agreement shall enter into force for the purposes stipulated therein. Notwithstanding the above provisions, this Agreement shall not enter into force before a period of eight months or more than 18 months from the date on which it is opened for signature.

(b) For a State whose instrument of ratification, acceptance, approval or accession is deposited after the date on which this Agreement enters into force in accordance with paragraph (a) of this Article, this Agreement shall enter into date of such deposit.

(c) Once this Agreement enters into force in accordance with paragraph (a) of this Article, it may be applied provisionally for any State whose government has signed it subject to ratification, acceptance or approval, if such Government so requests at the time of signature or at any later date prior to the entry into force of this Agreement. The interim application will end:

(i) when depositing an instrument of ratification, acceptance or approval of this Agreement by that Government;

(ii) upon expiry of a period of two years from the date on which this Agreement enters into force, without having been ratified, accepted or approved by that Government; or

(iii) when notifying such government, before the expiration of the period referred to in paragraph (ii) of this paragraph, its decision not to ratify, accept or approve this Agreement.

If the provisional application terminates in accordance with points (ii) or (iii) of this paragraph, the provisions of paragraphs (g) and (l) of Article 16 of this Agreement shall govern the rights and obligations of the Party and its Designated signatory.

(d) Notwithstanding the provisions of this Article, this Agreement shall not enter into force for any State, nor shall it be provisionally applied in respect of any State, until its Government, or the designated telecommunications entity in accordance with this Agreement, have signed the Operational Agreement.

(e) Upon entry into force, this Agreement shall supersede and render the Interim Agreement without effect.

ARTICLE 21. Miscellaneous provisions.

(a) The official and working languages of Intelsat will be Spanish, French and English.

(b) The internal provisions of the executive body shall stipulate the prompt distribution to all Parties and Signatories of copies of any Intelsat document in accordance with their orders.

(c) In accordance with the provisions of Resolution 1721 (XVI) of the United Nations General Assembly, the executive body shall send the Secretary-General of the United Nations and the Specialized Agencies concerned to the United Nations. information, an annual report on the activities of Intelsat.

ARTICLE 22. Depositary.

(a) The Government of the United States of America shall be the Depositary of this Agreement, and shall be the Government to which the statements referred to in paragraph (b) of Article 19 of the Agreement shall be deposited. This Agreement, the instruments of ratification, acceptance, approval or accession, applications for provisional application and notifications of ratification, acceptance or approval of amendments, decisions to withdraw from Intelsat, or terminate the provisional application of this Agreement.

(b) This Agreement, whose Spanish, French and English texts are equally authentic, shall be deposited in the archives of the Depositary. The Depositary shall send certified copies of the text of this Agreement to all governments that have signed or deposited instruments of accession to it and to the International Telecommunication Union and shall notify those governments and the International Telecommunications Union, the signatures, the declarations under paragraph (b) of Article 19 of this Agreement, the deposit of instruments of ratification, acceptance, approval or accession, the applications for provisional application, from the beginning of the 60-day period to which the refers to paragraph (a) of Article 20 of this Agreement, the entry into force of this Agreement, the notifications of ratification, acceptance or approval of amendments, the entry into force of amendments, decisions to withdraw from Intelsat, withdrawals and termination of provisional application of this Agreement. Notification of the beginning of the 60-day period shall be made on the first day of that period.

(c) Upon entry into force of this Agreement, the Depositary shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

IN TESTIMONY OF WHICH, the respective Plenipotentiaries, meeting in the City of Washington, having presented their full powers found in good and due form, sign this Agreement.

Made in Washington, on the 20th of August of the year of a thousand nine hundred and seventy-one.

ANNEX A

SECRETARY GENERAL FUNCTIONS

The functions of the Secretary-General referred to in paragraph (b) of Article 12 of this Agreement shall include the following:

1) bring Intelsat traffic forecasts up to date and with this aim to convene periodic regional meetings to calculate traffic demands;

2) approve requests for access to the Intelsat space segment of normalized earth stations, report to the Board of Governors on requests for access by non-standard earth stations and take data on dates of availability of new and existing ground stations;

3) to carry data based on reports submitted by the Signatories, other owners of earth stations and the contractor of management services on the possibilities and technical and operational limitations of all the stations new and existing terrines;

4) to bring a documentation office on frequency assignments to users and to do what is necessary for the registration of frequencies in the International Telecommunication Union;

5) prepare spending and operating budgets and calculate income needs, based on planning assumptions approved by the Board of Governors;

6) recommend to the Board of Governors the rates of use of the Intelsat space segment;

7) recommend to the Board of Governors accounting application methods;

8) carry accounting books and have them under review conditions as required by the Board of Governors, as well as prepare monthly and annual financial statements;

9) calculate the investment units of the Signatories, bill the Signatories for capital contributions, bill users for their use of the Intelsat space segment, receive cash payments on behalf of Intelsat, and distribute to the Signatories the revenue and other cash disbursements on behalf of Intelsat;

10) report to the Board of Governors regarding delinquent Signatories in their capital contributions and regarding delinquent users in their payments for the use of the Intelsat space segment;

11) approve and liquidate invoices submitted to Intelsat for authorized purchases and contracts entered into by the executive body, as well as reimburse the management services contractor for expenses incurred for acquisitions and contracts concluded representing Intelsat and authorised by the Board of Governors;

12) administer social benefit programs for Intelsat employees, as well as pay authorized Intelsat staff salaries and expenses;

13) invest or deposit available funds and pivot on such investments or deposits where necessary to meet Intelsat obligations;

14) to carry the data of Intelsat's assets and their depreciation and to carry, in collaboration with the appropriate management services contractor and the Signatories, the inventories of the assets of Intelsat;

15) recommend terms and conditions for the Intelsat space segment utilization allocation agreements;

16) recommend insurance programs for the protection of Intelsat's assets and provide what is necessary for the purpose when authorized by the Board of Governors;

17) for the purposes of paragraph (d) of Article 14 of this Agreement, to analyze and report to the Board of Governors on the probable economic effects for Intelsat of any project of installation of space segment separated from the Intelsat space segment;

18) to prepare the provisional agenda for meetings of the Assembly of the Parties, the Meeting of Signatories and the Board of Governors, as well as their advisory committees, to prepare the provisional minutes of such meetings and to collaborate with the chairmen of the advisory committees in the preparation of their agenda, minutes and reports for the Assembly of the Parties, the Signatory Meeting and the Board of Governors;

19) to provide interpretation and translation services, reproduction and distribution of documents, as well as to prepare the tachographic minutes of meetings, according to needs;

20) bring a repertoire of decisions taken by the Assembly of Parties, the Signatories Meeting and the Board of Governors, as well as prepare reports and correspondence related to decisions made during their meetings;

21) to assist in the interpretation of the Regulations of the Assembly of Parties, the Meeting of Signatories and the Board of Governors as well as the powers of their advisory committees;

22) take the necessary arrangements for meetings of the Assembly of Parties, the Signatory Meeting and the Board of Governors, as well as their advisory committees;

23) recommend procedures and rules for contracts and purchases that are celebrated on behalf of Intelsat:

24) have informed the Board of Governors regarding the performance of the obligations by the contractors, including by the contractor for management services;

25) compile and update a worldwide list of bidders for all Intelsat acquisitions;

26) negotiate, grant and administer the contracts necessary to enable the Secretary-General to carry out his assigned duties, including contracts for assistance from other entities to perform such functions;

27) provide or provide for the provision of legal advice to Intelsat, in relation to the functions of the Secretary-General;

28) provide appropriate public information services; and

29) adopt the provisions and convene conferences in order to negotiate the Protocol on privileges, exemptions and immunities referred to in paragraph (c) of Article 15 of this Agreement.

ANNEX B

MANAGEMENT SERVICES CONTRACTOR AND

GUIDELINES FOR THE MANAGEMENT SERVICES CONTRACT

1) Pursuant to Article 12 of this Agreement, the management services contractor shall perform the following functions:

a) recommend to the Board of Governors research and development programs directly related to the purposes of Intelsat;

b) As authorized by the Board of Governors:

i) conduct studies and research and development, directly or under contract, with other entities or individuals,

ii) conduct systems studies in the fields of engineering, economics, and cost rationalization,

iii) perform system simulation tests and assessments, and

iv) study and forecast the potential demand for new satellite telecommunications services;

c) orienting the Board of Governors on the need to acquire facilities for the Intelsat space segment;

d) prepare and distribute bid requests, including specifications, for the acquisition of space segment facilities, as authorized by the Board of Governors;

e) evaluate all proposals received in response to requests for them and make recommendations to the Board of Governors on such proposals:

f) in accordance with procurement regulations and in accordance with Board of Governors decisions:

(i) negotiate, grant, amend, and administer all contracts on behalf of Intelsat for space segments;

(ii) arrange the provision of launch services and the necessary support activities, as well as cooperate in the launches;

(iii) arrange insurance policies to protect the Intelsat space segment, as well as the equipment intended for launch or launch services;

(iv) provide or arrange for the provision of monitoring, telemedide, telemanding and control services for telecommunications satellites, including the coordination of efforts by the Signatories and other land-station owners who participate in the provision of these services, in order to perform satellite positioning, manoeuvring and testing, and

(v) to provide or to arrange for the provision of verification services of the characteristics of satellite operation, of interruptions in the operation, efficiency, of the power of the satellite and of the frequencies used by the ground stations, including the coordination of the efforts of the Signatories and other land-station owners involved in the provision of such services;

g) recommend to the Intelsat Board of Governors the frequencies to be used by the space segment and the location plans of the telecommunications satellites;

h) operate the Intelsat Operations Center and the Space Vehicle Technical Control Center;

i) recommend to the Board of Governors the performance characteristics of standard earth stations, both mandatory and non-compulsory;

j) evaluate access requests to the Intelsat space segment of non-normalized earth stations;

k) assign the capacity of the Intelsat space segment as determined by the Board of Governors;

l) prepare and coordinate, for adoption by the Board of Governors, system operations plans (including network configuration studies and contingency plans), procedures, guides, practices and standards;

m) prepare, co-order and distribute frequency plans for assignment to earth stations that have access to the Intelsat space segment;

n) prepare and distribute reports on the status of the system, including the actual and projected use of the system;

or) distribute information to Signatories and other users of the system on new telecommunications services and methods;

p) for the purposes of paragraph (d) of Article 14 of this Agreement, to analyze and report to the Board of Governors on the likely technical and operational effects for Intelsat of any project of Space segment installation separated from the Intelsat space segment, including on frequency plans and their location;

q) to provide the Secretary-General with the information necessary to meet his or her obligations to the Board of Governors in accordance with paragraph 24 of Annex A to this Agreement;

r) to make recommendations regarding the acquisition, disclosure and protection of rights relating to inventions and technical information in accordance with the provisions of Article 17 of the Operational Agreement;

s) in accordance with the decisions of the Board of Governors, make available to Signatories and third parties the rights of Intelsat on inventions and technical information in accordance with Article 17 of the Operational Agreement and to conclude agreements on the representation of Intelsat relating to the rights of inventions and technical information; and

t) take all operational, technical, financial, procurement, administrative and support measures necessary for the performance of the above mentioned functions.

2) The management services contract shall include appropriate conditions for the application of the relevant provisions of Article 12 of this Agreement and shall provide:

(a) the reimbursement by Intelsat in U.S. dollars of all of the documented and identifiable direct or indirect expenses, duly incurred by the management service contractor in accordance with the contract;

(b) the payment to the management services contractor of a fixed annual amount, in dollars of the United States of America, to be negotiated between the Board of Governors and the contractor of management services;

(c) the periodic review by the Board of Governors, in consultation with the contractor of management services of the expenses provided for in point (a) of this paragraph;

d) compliance with the Intelsat procurement policy and procedure in the tender and negotiation of contracts in the name of Intelsat, in a manner consistent with the relevant provisions of this Agreement and the Operating Agreement;

(e) provisions on inventions and technical information that are compatible with Article 17 of the Operational Agreement;

f) the selection by the Board of Governors, with the agreement of the contractor of management services, of technical personnel chosen from among persons nominated by the Signatories, to participate in the evaluation of the designs and specifications of equipment for the space segment;

g) that disputes or disputes between Intelsat and the management services contractor that may arise in connection with the management services contract are resolved in accordance with the Chamber's Rules of Conciliation and Arbitration International Trade; and

h) the supply by the management services contractor to the Board of Governors of any information required by any Governor to enable it to discharge its responsibilities in such capacity.

ANNEX C

PROVISIONS REGARDING DISPUTE RESOLUTION TO

REFERRED TO IN ARTICLE XVIII OF THIS AGREEMENT AND

ARTICLE 20 OF THE OPERATING AGREEMENT

ARTICLE 1.

The sole litigants in the arbitration proceedings instituted pursuant to this Annex shall be those referred to in Article 23 of this Agreement, in Article 20 of the Operating Agreement and in the Annex to this Agreement. itself.

ARTICLE 2.

An arbitration tribunal, composed of three members and duly constituted in accordance with the provisions of this Annex, shall have jurisdiction to make any dispute within the meaning of Article 18 of this Agreement, in Article 20 of the Operating Agreement and in the Annex thereto.

ARTICLE 3.

(a) Each Party may submit to the Executive Body no later than 60 days before the date of the opening of the first ordinary meeting of the Assembly of the Parties and thereafter no later than 60 days before the date of the opening of each meeting. ordinary meeting of that Assembly, the names of no more than two jurisperites which shall be available for the period from the end of such meeting to the end of the next ordinary meeting of the Assembly of the Parties, to serve as presidents or members of courts established in accordance with this Annex. The executive body shall prepare a list of all the proposed candidates, attaching to it any biographical data submitted by the Party which proposes them, and shall distribute it to all Parties no later than 30 days before the date of its submission. opening of the meeting in question. If, for any reason, a candidate is not available for selection as a component of the group during the period of 60 days prior to the date of opening of the meeting of the Assembly of the Parties, the Party that proposes it may, more 14 days before the date of the opening of the Assembly of the Parties, the name of another jurisdiction shall be replaced.

(b) From the list referred to in paragraph (a) of this Article, the Assembly of the Parties shall select eleven persons to form a group from which the presidents of the courts and an alternate shall be selected for each of those persons. Members and alternates shall perform their duties during the period prescribed in paragraph (a) of this Article. If a member is not available to be part of the group, he/she will be replaced by his/her deputy.

(c) For the purposes of appointing a group president, the group components shall be convened by the executive body as soon as possible after the selection of the group. The quorum at the meetings of the group will be nine of the eleven members. The group shall appoint as president one of its members by a vote of at least six members, cast in one or, if necessary, in more than one secret ballot. The group president so appointed shall perform his duties for the remainder of his term of office as a member of the group. The expenses of the group meeting shall be considered as administrative expenses of Intelsat for the purposes of Article 8. of the Operating Agreement.

d) If both a member of the group and his/her alternate are not available, the Assembly of Parties shall cover the vacancies with persons included in the list referred to in paragraph (a) of this Article. However, if the Assembly of the Parties does not meet within 90 days of the date on which the vacancies have occurred, they shall be covered by selection by the Board of Governors of a person included in the list of candidates referred to in paragraph (a) of this Article, each Governor having one vote. The person selected to replace a member or an alternate whose term of office has not expired shall hold the office for the remainder of the term of office of his predecessor. The vacancies in the office of group president shall be filled by the designation by the members of the group of one of its members, in accordance with the procedure laid down in paragraph (c) of this Article.

e) By selecting the members of the group and alternates in accordance with paragraphs (b) or (d) of this Article, the Assembly of the Parties or the Board of Governors shall ensure that the composition of the group always reflects an appropriate geographical representation, as well as the main legal systems as represented between the Parties.

f) Any member or alternate member of the group, who, when his mandate is defeated, is providing services in an arbitration tribunal, shall continue to act in such capacity until the pending proceedings before the arbitration tribunal have been completed.

g) If during the period between the date of entry into force of this Agreement and the formation of the first group of jurisperts and alternates in accordance with the provisions contained in paragraph (b) of this Article, a legal dispute between the litigants referred to in Article 1. of this Annex, the group set up in accordance with paragraph (b) of Article 3o. The Supplementary Agreement on Arbitration of 4 June 1965 shall be the group to be used in connection with the resolution of that dispute. The group shall act in accordance with the provisions of this Annex as regards the purposes of Article XVIII of this Agreement, Article 20 of the Operational Agreement and the Annex thereto.

ARTICLE 4.

(a) Claimant wishing to submit a legal dispute to arbitration shall provide the defendant or defendants and the executive body with documentation containing the following:

(i) a statement that fully describes the dispute that is submitted to arbitration, the reasons why each respondent is required to participate in the arbitration and the award being sought;

(ii) a declaration stating the reasons for which the object of dispute falls within the jurisdiction of the court to be constituted under this Annex, and the reasons for which the award requested may be agreed by that court if it fails in favour of the complainant;

(iii) a statement explaining why the plaintiff has not been able to achieve an arrangement of the dispute in a reasonable time by negotiation or other means, without reaching arbitration;

(iv) proof of the consent of the litigants in the event of a dispute in which, in accordance with Article 18 of this Agreement or with Article 20 of the Operating Agreement, the consent of the parties litigants is a precondition for submission to arbitration in accordance with this Annex; and

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

(b) The executive body shall, as soon as possible, distribute a copy of the documentation referred to in paragraph (a) of this Article to each Party and Signatory and to the group president.

ARTICLE 5.

(a) Within sixty days from the date on which all the defendants have received a copy of the documentation referred to in the paragraph (a) of Article 4 (a). of this Annex, the defendant shall designate a person to be a party to the court. Within that period the defendants may, jointly or individually, provide each litigant and the executive body with a document containing their replies to the documentation referred to in paragraph (a) of Article 4. of this Annex, including any counterclaims arising from the matter in dispute. The executive body shall promptly provide the chairman of the group with a copy of the document.

(b) In the event that the defendant omits to make his appointment within the period indicated, the chairman of the group shall appoint one of the case-courts whose names were submitted to the executive body in accordance with paragraph (a) of the Article 3. of this Annex.

(c) Within 30 days after the date of the appointment of the two members of the court, these two members shall select a third person within the group constituted in accordance with Article 3o. of this Annex, who shall hold the presidency of the tribunal. If there is no agreement within that period, any of the two appointed members may inform the group president who, within ten days, shall appoint a member of the group, other than himself, to hold the presidency. of the court.

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

ARTICLE 6.

(a) If a vacancy occurs in the court for reasons that the president or other members of the court decide that they are outside the will of the litigants, or that they are compatible with the good march of the arbitration procedure, the vacancy it shall be covered in accordance with the following provisions:

(i) if the vacancy occurs as a result of the withdrawal of a member appointed by one of the parties to the dispute, that party shall elect a replacement within ten days of the date on which the vacancy occurred;

(ii) if the vacancy occurs as a result of the withdrawal of the president of the court or another member of the court appointed by the president, a replacement shall be chosen among the members of the group in the manner indicated in paragraphs (c) or (b), respectively, of Article 5o. of this Annex.

(b) if a vacancy occurs in the court for any reason other than that referred to in paragraph (a) of this Article, or if the vacancy occurred in accordance with that paragraph (a), the other members of the court, is not covered; However, the provisions of Article 2o. of this Annex, shall be entitled, at the request of a party, to continue proceedings and to render the award of the court.

ARTICLE 7.

a) The court will decide on the date and place of the sessions.

(b) The proceedings shall take place behind closed doors and all the proceedings before the court shall be confidential, with the exception that Intelsat and the Parties whose Signatories are appointed and the Signatories whose Parties designate are litigants in the controversy, they will have the right to be present and will have access to everything that is present. When Intelsat is a litigant in the proceedings, all Parties and all Signatories shall be entitled to be present and shall have access to all that presented.

c) In the event of a dispute over the jurisdiction of the court, the court must first treat the matter and resolve it as soon as possible.

(d) The proceedings shall be made in writing and each party shall have the right to submit written evidence to support his pleadings in fact and in law. However, if the court considers it appropriate, arguments and oral testimony may be presented.

e) The proceedings shall commence with the filing by the plaintiff of a document containing his claim, the arguments, the related facts substantiated by evidence and the legal principles he invokes. The applicant's letter shall be followed by another analogue of the defendant. The applicant may submit a reply to the latter letter. Additional pleadings may be filed only if the court determines they are necessary.

f) The court may know and resolve counterclaims that emanate directly from the subject matter of the dispute, provided that the counterclaims are of its competence in accordance with article 18 of the This Agreement, Article 20 of the Operational Agreement and the Annex thereto.

g) If the litigants come to an agreement during the procedure, the agreement must be registered as a award given by the court with the consent of the litigants.

(h) The court may terminate the proceedings at the time it decides that the dispute falls outside its jurisdiction in accordance with Article 18 of this Agreement, Article 20 of the Operational Agreement and the Annex thereto.

i) The court's deliberations will be secret.

j) The court shall present and justify its decisions and its award in writing. Decisions and awards of the court shall have the approval of at least two members. The member who is not in agreement with the award may submit his dissenting opinion in writing.

k) The court will present its award to the executive body, which will distribute it to all parties and all the Signatories.

(l) The court may adopt additional rules of procedure which are in line with those laid down in this Annex and which are necessary for the proceedings.

ARTICLE 8.

If one party fails to act, the other party may ask the court to rule in its favor. Before making an award, the court will ensure that it has jurisdiction and that the case is well founded in fact and in law.

ARTICLE 9.

(a) The Party whose designated Signatory is a litigant shall have the right to intervene and be further litigant in the matter. The court and other litigants may be notified of the effect in writing.

(b) Any other Party, any Signatory, or Intelsat, if it considers that it has a substantial interest in the resolution of the matter, may ask the court for permission to intervene and become an additional litigant in the matter. If the court finds that the plaintiff has a substantial interest in the resolution of the matter, it will accede to the petition.

ARTICLE 10.

At the request of a litigant or on his own initiative, the court may appoint the experts whose assistance it deems necessary.

ARTICLE 11.

Each Party, each Signatory and Intelsat, shall provide all information that the court, either at the request of a litigant or on its own initiative, determines is necessary for the processing and resolution of the dispute.

ARTICLE 12.

During the course of the proceedings, the court may, as long as it has not made a final ruling, indicate any provisional measures which it considers to protect the respective rights of the litigants.

ARTICLE 13.

(a) The award of the court shall be based on:

(i) this Agreement and the Operating Agreement, and

(ii) generally accepted principles of law.

(b) The award of the court, including that which reflects the agreement of the litigants in accordance with paragraph (g) of Article 7o. of this Annex, it shall be binding for all litigants and shall be fulfilled in good faith by them. When Intelsat is litigant, if the court resolves that the decision of one of the organs of Intelsat is null and void because it has not been authorized by this Agreement and by the Operating Agreement, or because it does not comply with the same, the award shall be binding on all Parties and all Signatories.

(c) If there is controversy regarding the meaning or scope of an award, the court that issued it shall interpret it at the request of any litigant.

ARTICLE 14.

Unless the court otherwise determines due to particular circumstances of the case, the court's expenses, including the remuneration of the court's members, shall be divided equally between the parties. Where a party is formed by more than one litigant, the participation of such party shall be prorated by the court among the litigants of that party. When Intelsat is litigant, the portion of expenses related to the arbitration shall be treated as an administrative expense of Intelsat for the purposes of Article 8. of the Operating Agreement.

ANNEX D

TRANSIENT PROVISIONS

1) Continuity of Intelsat activities:

Any decision of the Interim Telecommunications Committee by Satellite taken in accordance with the Interim Agreement or the Special Agreement and which is in force at the expiration of those Agreements shall continue in full effect and effect, unless and until is amended or revoked by the terms of this Agreement or the Operating Agreement, or in implementation thereof.

2) Management:

During the period immediately following the entry into force of this Agreement, the "Communications Satellite Corporation" will continue to perform management for conception, development, construction, establishment, operation and maintenance of the Intelsat space segment in accordance with the same terms and conditions of service as applied to its function as manager under the Interim Agreement and the Special Agreement. In the performance of its duties it shall have the obligation to comply with all relevant provisions of this Agreement and the Operational Agreement and shall in particular be subject to the general policies and specific determinations of the Board of Directors. Governors, until:

(i) the Board of Governors determines that the executive body is in a position to assume responsibility for the performance of all or certain of the functions of the executive body under Article 12 of the this Agreement, in which the "Communications Satellite Corporation" shall be relieved of its responsibility for the performance of each of those functions as they are assumed by the Executive Body, and

(ii) the management services contract referred to in paragraph (ii) of paragraph (a) of Article 12 of this Agreement shall enter into force, at the time of which the provisions of this paragraph shall cease to be be in force with respect to those functions within the scope of that contract.

3) Regional representation:

During the period between the date of entry into force of this Agreement and the assumption of responsibility by the Secretary-General, the rating, in accordance with paragraph (c) of Article 9 of the This Agreement, of any Group of Signatories seeking representation on the Board of Governors pursuant to paragraph (iii) of paragraph (a) of Article 10 of this Agreement, shall be subject to receipt of the by the 'Communications Satellite Corporation' of a written request of that group.

4) Privileges and immunities

The Parties to this Agreement which were parties to the Interim Agreement shall grant to the persons and entities concerned until such time as the Agreement on the Headquarters and the Protocol, as the case may be, enter into force in accordance with Article 15 of this Agreement, those privileges, exemptions and immunities that those Parties granted, immediately prior to the entry into force of this Agreement, to the International Consortium of Telecommunications by Satellite, to the signatories of the Special Agreement, to the Interim Committee of Telecommunications by Satellite and the representatives in it.

® ORGANIZATION OPERATING AGREEMENT

INTELSAT SATELLITE TELECOMMUNICATIONS INTERNATIONAL

Including amendments to points (d), (i) and (h) of Article 6o. and (f) of Article 22 of the Operational Agreement approved by the Twenty-Fifth Meeting of Signatories in Singapore on 4 April 1995.

PREAMBLE

Signatories to this Operating Agreement:

Whereas the States Parties to the Agreement concerning the international satellite telecommunications organisation "Intelsat" have committed themselves to the conclusion of this Agreement or to the designation of an entity of telecommunications to this effect.

They come in the following:

ARTICLE 1o.

Definitions

a) For the purposes of this Operating Agreement:

i) The term "Agreement" means the Agreement concerning the international satellite telecommunications organization "Intelsat";

ii) The term "Amortization" includes depreciation, and

iii) The term "Goods" includes any element, including contractual rights, whatever its nature, on which property rights may be exercised.

(b) The definitions in Article 1 of the Agreement shall apply to this Operational Agreement.

ARTICLE 2o.

Rights and obligations of the Signatories

Each Signatory acquires the rights provided for the Signatories in the Agreement and in this Agreement and undertakes to fulfil the obligations imposed upon it by these Agreements.

ARTICLE 3o.

Transfer of rights and obligations

(a) From the date on which the Agreement and this Operating Agreement enter into force and subject to the provisions of Article 19 of this Agreement:

(i) All property rights, contractual rights and all other rights, including those relating to the space segment, belonging to that date to the Signatories of the Special Agreement on undivided shareholdings under the Interim Agreement and the Special Agreement shall be the property of Intelsat;

(ii) All obligations and responsibilities acquired collectively by the Parties to the Special Agreement or on their behalf, in compliance with the provisions of the Interim Agreement and the Special Agreement, which are in force in that Agreement. date, or which emanate from actions or omissions prior to it, shall become the obligations and responsibilities of the Intelsat. However, this subparagraph shall not apply to any obligation or liability arising out of acts or decisions taken after the date of opening for signature of the Agreement which, after the date of entry into force of the Agreement, has not could be taken by the Board of Governors without prior authorization from the Assembly of Parties pursuant to paragraph (f) of Article 3 of the Agreement;

b) Intelsat will own the Intelsat space segment and all other assets acquired by Intelsat;

c) The financial interest in Intelsat of each Signatory shall be equal to the amount to be reached by applying its investment participation to the assessment made as determined in Article 7o. of this Agreement.

ARTICLE 4o.

Financial contributions

(a) Each Signatory shall contribute to the capital requirements of Intelsat, as determined by the Board of Governors in accordance with the terms of the Agreement and this Operating Agreement, in proportion to its investment participation as is provided for in Article 6o. of this Agreement, and shall receive the repayment of the capital and the compensation for the use of capital in accordance with the provisions of Article 8. of this Operational Agreement;

b) Capital needs will include all direct and indirect costs of conception, development, construction and establishment of the Intelsat space segment, and other Intelsat assets, as well as the contributions that the Signatories are required to pay pursuant to paragraph (f) of Article 8. and to paragraph (b) of Article 18 of this operational agreement. The Board of Governors shall determine the financial needs of Intelsat to be covered by capital injections by the Signatories;

(c) Each Signatory, as a user of the Intelsat space segment, as well as all other users, shall pay the corresponding usage charges established in accordance with the provisions of Article 8. of this Operational Agreement;

d) The Board of Governors shall determine the schedule of payments required in accordance with this Operational Agreement. A calculated interest will be charged according to the rate determined by the Board of Governors in any amount that has not been paid on the date indicated for its expiration.

ARTICLE 5o.

Capital Cap

(a) The sum of the net capital contributions of the Signatories and of the outstanding contractual capital commitments of Intelsat shall be subject to a ceiling. That sum shall consist of the accumulated capital injections made by the Signatories of the Special Agreement in accordance with Articles 3 or 3. and 4. of the same and by the Signatories of this Operational Agreement, in accordance with Article 4 (o). of the same minus the accumulated capital that has been reimbursed to them in accordance with the Special Agreement and the present Operating Agreement, plus the outstanding amount of payment for the contractual capital commitments of Intelsat;

(b) The ceiling referred to in paragraph (a) of this Article shall be USD 500 million from the United States of America or the amount authorised in accordance with paragraphs (c) or (d) of this Article;

(c) The Board of Governors may recommend to the Meeting of Signatories that the ceiling in force under paragraph (b) of this Article be raised. Such a recommendation will be considered by the Signatory Meeting and the new cap will enter into force from the time of approval by the Signatory Meeting;

d) However, the Board of Governors may raise the ceiling by up to ten percent above the $500 million limit of the United States or America or the upper limits approved by the Meeting of Signatories of Conformity with subparagraph (c) of this Article.

ARTICLE 6o.

Investment shares

(a) Except as otherwise provided in this Article, each Signatory shall have an investment participation equivalent to its percentage of the total utilization of the Intelsat space segment by all Signatories;

(b) For the purposes of paragraph (a) of this Article, the use of the spatial segment of Intelsat by a Signatory shall be determined by dividing the charges of use of the space segment payable to Intelsat by that Signatory, between the the number of days for which such charges are to be paid during the six-month period preceding the date on which a determination of investment units in accordance with points (i), (ii) or (v) of paragraph (c) of the Article. However, if the number of days for which the charges were to be paid by a Signatory for use during that six-month period was less than ninety, such charges shall not be taken into account in determining the shares of the investment;

(c) Investment shares shall be determined to take effect:

i) On the date of entry into force of this Operating Agreement;

(ii) The first of March of each year, unless this Operational Agreement enters into force within the six months preceding the first of March, in which case, and for that occasion, no determination shall be made under this paragraph;

iii) On the date of entry into force of this Operating Agreement for a new Signatory;

iv) On the effective date that an Intelsat Signatory is removed, and

v) On the date on which a Signatory applies for the first time to pay charges of using the Intelsat space segment for use through its own terrestrial station, provided that such request is made not before the ninety days from the date on which such charges are payable;

(d) i) Any Signatory may request that a lower investment participation be assigned to it. Such applications shall be submitted to Intelsat indicating the reduction in the investment contribution. Intelsat shall, without delay, bring to the attention of all Signatories such requests and shall be approved to the extent that other Signatories accept greater investment interests;

(ii) Any Signatory may notify Intelsat that it is willing to accept an increase in its investment participation in order to satisfy requests for the reduction of investment shares that have been made in accordance with the (i) of this paragraph, and up to the limit, if any. Subject to such limits, the total amount of reduction requested in the investment units in accordance with paragraph (i) of this paragraph shall be distributed among the Signatories that have accepted, pursuant to this paragraph, increased investment shares in proportion to the investment shares that they had immediately prior to the corresponding adjustment;

(iii) If the reductions requested under point (i) of this paragraph cannot be distributed in full among the Signatories that have accepted higher investment shares under point (ii) of this paragraph, the total amount of accepted increases shall be divided up to the limits indicated by each Signatory that accepts a higher investment participation in accordance with this paragraph, as reductions to those Signatories that requested minor investment units under point (i) of this paragraph, in proportion to the reductions that have been requested in accordance with that point (i);

(iv) Any Signatory which has applied for a lower investment participation or which has accepted a higher investment participation under this paragraph shall be deemed to have accepted the reduction or increase in its investment participation as determined in accordance with this paragraph, until the next determination of investment interests in accordance with paragraph (c) (ii) of this Article;

v) The Board of Governors shall establish appropriate procedures with respect to the notification of requests for the reduction of investment interests made by the Signatories in accordance with paragraph (i) of this paragraph, and to the notification made by Signatories that are willing to accept increases in their investment units in accordance with point (ii) of this paragraph;

e) In order to establish the composition of the Board of Governors and for the calculation of the voting share of each Governor, the investment units determined in accordance with paragraph (c) (ii) of the present Article shall take effect on the first day of the ordinary meeting of the Signatory Meeting following such determination;

(f) To the extent that an investment participation is determined in accordance with the provisions of paragraphs (iii) or (v) of paragraph (c) or (h) of this Article, and in so far as it is necessary to withdraw a Signatory, the Investment units of all other Signatories shall be readjusted in accordance with the proportion which they have kept from each other to their respective investment units prior to such adjustment. In the case of withdrawal of a Signatory, the investment units of 0,05%, determined in accordance with the provisions of paragraph (h) of this Article, shall not be increased;

(g) Intelsat shall without delay communicate to all Signatories the results of each determination of investment interests and the date of entry into force of that determination;

(h) notwithstanding any other provision of this Article, no Signatory shall have an investment holding less than 0,05% of the total investment units or greater than 150% of its share of all the use of the Intelsat space segment by all Signatories, as determined in accordance with paragraph (b) of this Article.

ARTICLE 7o.

Financial Adjustments Between Signatories

(a) The financial adjustments between the Signatories shall be made, through Intelsat, upon entry into force of this Operating Agreement and, hereinafter, in each determination of the investment units, on the basis of an assessment made in accordance with paragraph (b) of this Article. The amounts of such financial adjustments shall be determined in respect of each Signatory applying to such assessment:

(i) When this Operational Agreement enters into force, the difference, if any, between the final quota of each Signatory according to the Special Agreement and its initial investment participation in accordance with Article 6o. of this Operating Agreement, and

(ii) In each subsequent determination of the investment units, the difference, if any, between the new investment participation of each Signatory and its investment participation prior to that determination;

(b) The assessment referred to in paragraph (a) of this Article shall be as follows:

i) It will be subtracted from the original value of all assets, including any capitalized performance or expense, as noted in Intelsat's accounting at the date of the adjustment, the resulting sum of:

A) Accumulated amortization as reported in Intelsat accounting at the date of the adjustment, plus;

B) Loans and other accounts payable by Intelsat at the date of the adjustment;

(ii) The results obtained in accordance with point (i) of this paragraph shall be adjusted as follows:

A) Adding or subtracting, as the case may be, for the purposes of the financial adjustments and on the date of entry into force of this Operating Agreement, an amount representing any shortfall or excess in the payment by Intelsat of the compensation for use of capital in relation to the cumulative amount payable under the Special Agreement, the rate or the rate of compensation for the use of capital in force during the periods in which the relevant fees were applicable, established by the Interim Committee of Telecommunications by Satellite, in accordance with Article 9o. of the Special Agreement. In order to assess the amount representing any deficit or excess payment, the compensation due shall be calculated on a monthly basis and shall be related to the net amount of the items described in paragraph (i) of this paragraph, and

B) Adding or subtracting, as the case may be, for financial adjustments to be made in each subsequent assessment, an amount representing the deficit or the excess payment by Intelsat of capital use compensation from the date of entry in force of this Operating Agreement up to the date of entry into force of this assessment, relating to the cumulative amount corresponding to the present Operating Agreement, the rate or rates of compensation for the use of capital in force during the periods in which the corresponding fees were applied, as established by the Board of Governors, in accordance with Article 8. of this Agreement. In order to assess the amount representing any deficit or excess payment, the compensation due shall be calculated on a monthly basis and shall be related to the net amount of the items described in paragraph (i) of this paragraph;

(c) The payments to the Signatories and those to be made in accordance with the provisions of this Article shall be made on the date designated by the Board of Governors. Any outstanding balance after such date shall be added to an interest calculated on the basis of the rate determined by the Board of Governors, with the exception that, in respect of payments due under subparagraph (a) (i) of the This Article shall be added as from the entry into force of this Operational Agreement. The interest rate referred to in this paragraph shall be equal to the interest rate determined by the Board of Governors in accordance with paragraph (d) of Article 4 (d). of this Agreement.

ARTICLE 8o.

Usage and Revenue Charges

(a) The Board of Governors shall determine the units of measurement of the use of the spatial segment of Intelsat relative to the different types of use and, guided by the general rules establishing the Meeting of Signatories of Conformity with the provisions of Article VIII of the Agreement, it shall lay down the charges for the use of the Intelsat space segment. Such charges will cover the costs of operation, maintenance and administration of Intelsat, provide the operating funds deemed necessary by the Board of Governors, write down the investments made by the Signatories in Intelsat and compensate them for the use of their capital;

(b) For the use of a capacity available for the purposes of specialized telecommunications services, in accordance with Article III (d) of the Agreement, the Board of Governors shall establish the charges to be paid by the Board of Governors. use of these services. In doing so, it shall comply with the provisions of the Agreement and this Operational Agreement and in particular paragraph (a) of this Article, and shall take into consideration the costs related to the provision of specialized services of telecommunications, as well as an adequate part of the general and administrative expenses of Intelsat. In the case of separate satellites or related facilities financed by Intelsat pursuant to Article V (e) of the Agreement, the Board of Governors shall establish the charges to be paid for the use of such services. In doing so, it shall comply with the provisions of the Agreement and this Operational Agreement, and in particular with paragraph (a) of this Article, in order to fully cover the costs resulting directly from conception, development, construction, construction, construction, construction, construction, construction, and provision of such separate satellites or related facilities, as well as an appropriate part of the general and administrative costs of Intelsat;

(c) In determining the capital use compensation rate of the Signatories, the Board of Governors shall include an allocation for the risks related to the investment in Intelsat and, taking into account such allocation, shall set a fee so close to the cost of money in world markets as possible;

(d) The Board of Governors shall establish appropriate sanctions in cases where payment of usage charges has been delayed for three or more months;

e) The revenue of Intelsat will be applied, as far as it allows, in the following order of priorities:

i) To defray the costs of operation, maintenance, and administration;

ii) To provide the operating funds deemed necessary by the Board of Governors;

iii) To pay the Signatories, in proportion to their respective investment interests; the sums representing the repayment of capital in the Entity indicated by the depreciation provisions established by the Board of Directors Governors as found in Intelsat accounting;

iv) To pay the Signatory that has been withdrawn from Intelsat the amounts owed to it, in accordance with Article 21 of this Operating Agreement, and

v) To pay the Signatories, with the remaining balance and in proportion to their respective investment shares, as compensation for the use of their capital;

f) If Intelsat's revenues are insufficient to cover operating, maintenance and management costs, the Board of Governors may decide to offset the shortfall by means of Intelsat funds, overdrafts, loans, or of the Signatories making capital contributions in proportion to their respective investment shares, or using any combination of such measures.

ARTICLE 9o.

Transfer of funds

(a) The settlement of accounts between the Signatories and Intelsat, in respect of financial transactions made in accordance with Articles 4, 7 or 7. and 8o. of this Agreement shall be made in such a way as to minimize both the transfers of funds between Signatories and Intelsat, and the total of funds retained by Intelsat in excess of the operating funds that the Board of Governors determine required;

b) All payments that take place between Intelsat and the Signatories pursuant to this Operating Agreement shall be made in dollars of the United States of America, or in a currency that is freely convertible into United States dollars. of America.

ARTICLE 10.

Overdrafts and Loans

a) For the purpose of dealing with inadequacies of financial resources and until adequate income is received in Intelsat or capital contributions made by the Signatories, in accordance with this Operational Agreement, Intelsat may, with the approval of the Board of Governors, arrange overdraft operations;

(b) In exceptional circumstances and if the Board of Governors so decides, Intelsat may make loans to finance any activity it has undertaken or to deal with any liability it has incurred, in accordance with Article III (a), (b) or (c) of the Agreement and with this Operational Agreement. The amounts outstanding in respect of such loans shall be considered as the contractual capital commitments for the purposes of Article 5. of this Agreement. Pursuant to Article X (a) (a) (v) of the Agreement, the Board of Governors shall give detailed account to the Meeting of Signatories of the reasons for its decision to make loans, as well as the terms and conditions of the Board of Governors. with which these loans were obtained.

ARTICLE 11.

Expenses excluded

They will not be part of Intelsat expenses:

i) Taxes on the income of any perceived Intelsat Signatory;

(ii) the costs of designing and developing the launchers and the launching facilities, except the costs of adapting the launchers and the launch facilities related to the design, development, construction and the establishment of the Intelsat space segment, and

iii) The expenses incurred by representatives of the Parties or Signatories to attend meetings of the Assembly of Parties, the Meeting of Signatories, the Board of Governors or any other meeting of Intelsat.

ARTICLE 12.

Review of accounts

Intelsat's accounting will be reviewed annually by independent accounting auditors appointed by the Board of Governors. Any Signatory will have the right to inspect Intelsat's accounting.

ARTICLE 13.

International Telecommunication Union

In addition to observing the relevant rules of the International Telecommunication Union, Intelsat will give due consideration, in the design, development, construction and establishment of the Intelsat space segment and in the procedures established to regulate the operation of the Intelsat space segment and the earth stations, to the relevant recommendations and procedures of the International Telegraphic and Telephone Advisory Committee, of the Advisory Committee International Radiocommunications and the International Board of Registration of Frequencies.

ARTICLE 14.

Approval of earth stations

(a) The application for approval of an earth station to use the space segment of Intelsat shall be submitted to Intelsat by the Signatory designated by the Party on whose territory the terrestrial station is or is to be located or, for terrestrial stations located in a territory which is not under the jurisdiction of a Party, by a duly authorised telecommunications entity;

b) The fact that the Signatory Meeting does not establish general rules pursuant to paragraph (b) (v) of Article 13 of the Agreement, or that the Board of Governors does not establish criteria and procedures pursuant to paragraph (a) (vi) of Article 10 of the Agreement, for the approval of terrestrial stations, shall not prevent the Board of Governors from considering or adopting measures in respect of any request for approval for a terrestrial station to have access to the space segment Intelsat;

(c) Each Signatory or telecommunications entity referred to in paragraph (a) of this Article shall be responsible for the ground stations for which it has submitted an application to Intelsat comply with the rules and standards. specified in the approval document that is issued in its favor by Intelsat, unless, in the event that it is a Signatory who submits the application, the Party that designated it assumes such responsibility for any or all of the stations Land that does not belong to the Signatory or is operated by it.

ARTICLE 15.

Space segment capacity allocation

(a) Any request for the capacity allocation of the Intelsat space segment shall be submitted to Intelsat by a Signatory or, in the case of a territory which is not under the jurisdiction of a Party, by a telecommunications entity duly authorized;

b) In accordance with the terms and conditions established by the Board of Governors in accordance with Article 10 of the Agreement, the capacity allocation of the Intelsat space segment shall be made to the Signatory or, in the case of a territory that is not under the jurisdiction of a Party, the duly authorized telecommunications entity that submitted the application;

(c) Each Signatory or telecommunications entity to whom an allocation of capacity is granted in accordance with paragraph (b) of this Article shall be responsible for the fulfilment of all terms and conditions established by Intelsat in respect of such assignment, unless, in the case of a Signatory who receives the assignment, the Party that designated it assumes such responsibility for the allocations made in favour of any or all of the earth stations which do not belong to the Signatory or which are not operated by it.

ARTICLE 16.

Acquisitions

(a) All contracts relating to the acquisition of goods and the procurement of services required by Intelsat shall be awarded in accordance with Article 13 of the Agreement, Article 17 of this Agreement. Operational Agreement and the procedures, regulations, terms and conditions established by the Board of Governors in accordance with the provisions of the Agreement and this Operational Agreement. The services referred to in this Article are those to be provided by legal persons;

b) Approval of the Board of Governors will be required before:

i) Proceed to send requests for bids or invitations to tenders for contracts whose value is expected to exceed $500,000 from the United States of America, and

ii) Award any contract whose value exceeds $500,000 from the United States of America;

(c) The Board of Governors may decide that the acquisition of goods and services may be carried out by means of procedures other than an open international invitation to tender when any of the following circumstances:

i) When the calculated value of the contract does not exceed $50,000 of the United States of America or of any amount greater than may be decided by the Meeting of Signatories on the basis of the Board of Governors ' proposals;

ii) When an acquisition is urgently required to address an emergency situation affecting the operational viability of the Intelsat space segment;

iii) When needs are predominantly administrative in character that are more to be met locally, and

iv) When there is only one supply source for a specification required to meet the needs of Intelsat or when the sources of supply are so seriously restricted in number that it would not be viable or serve the interest of Intelsat will incur the expense and time involved in the open international tender, provided that, in case there is more than one source, all of them have the opportunity to present their proposals on an equal basis;

(d) The procedures, regulations and conditions referred to in paragraph (a) of this Article shall provide for the provision, at the appropriate time, of complete information to the Board of Governors. At the request of any Governor, the Board of Governors may obtain, in respect of any contract, any information that is accurate in order to allow the Governor to fulfill his responsibilities in such capacity.

ARTICLE 17.

Inventions and technical information

a) Intelsat shall acquire, in connection with any work done by Intelsat, or on its behalf, the rights to the inventions and technical information which are necessary for the common interests of Intelsat and the Signatories in their such, but no more such rights. In the work performed by contract, such rights shall be obtained on a non-exclusive basis;

(b) For the purposes of paragraph (a) of this Article, Intelsat, taking into account its principles and objectives, the rights and obligations of the Parties and the Signatories in accordance with the Agreement and this Operational Agreement, and the practices generally accepted industry, will ensure for itself, in relation to any work done by Intelsat, or on its behalf, that it involves a significant element of study, research or development:

i) The right to disclose to Intelsat, without payment, all inventions and technical information generated by the work done by Intelsat, or on its behalf, and

(ii) The right to disclose and cause to be disclosed to the Signatories and other entities or persons under the jurisdiction of any Party and to use, authorize and cause the Parties and other entities or persons under the jurisdiction to be authorized of any Party to use such inventions and technical information:

A. Without payment, in relation to the Intelsat space segment and any earth station operating with it, and

B. For any other purpose, under fair and reasonable conditions, to be agreed between the Signatories or other entities or persons under the jurisdiction of a Party, and the owner or inventor of such inventions and technical information or any other duly authorised entity or person having an ownership interest in this respect;

(c) In the work performed by contract, the application of the provisions of paragraph (b) of this Article shall be based on the retention by the contractors of the ownership of the rights to inventions and technical information. generated by them;

d) Intelsat shall also ensure for itself the right, under fair and reasonable conditions, to disclose and cause to be disclosed to the Signatories and other persons and entities under the jurisdiction of a Party, and to use, authorize and make the Signatories and other persons and entities under the jurisdiction of a Party, to use the inventions and technical information directly used in the execution of the work done on behalf of Intelsat, but not included in paragraph (b) of the this Article, in so far as the person who has carried out such work has the power to grant such the right and in which this disclosure and this use are necessary for the effective exercise of the rights obtained in accordance with paragraph (b) of this Article;

e) The Board of Governors, in individual cases in which exceptional circumstances so advise, may approve amendments to the rules set out in paragraph (b) (ii) and paragraph (d) of this Article when in the course of the course the Board of Governors is shown that failure to make the modification would be detrimental to the interests of Intelsat and, in the case of paragraph (b) (ii), that the following rules would be incompatible with previous ones. contractual obligations incurred in good faith by an eventual contractor with a third party;

(f) The Board of Governors, in individual cases where exceptional circumstances so advise, may also approve amendments to the rule set out in paragraph (c) of this Article when all of the following are filled requirements:

i) It is demonstrated to the Board of Governors that failure to make the modification would be detrimental to the interests of Intelsat;

ii) When the Board of Governors determines that Intelsat should be able to obtain patent protection in any country, and

iii) When, and to the extent that it does, the contractor has indicated an inability or lack of desire to obtain such protection in a timely manner;

g) When determining whether to approve any such modifications, and the manner in which it is to do so, in accordance with paragraphs e) and f) of this Article, the Board of Governors shall take into account the interests of Intelsat and all of the Signatories and the financial benefits to be considered shall be for Intelsat on such modification;

(h) In relation to the inventions and technical information on which rights have been acquired under the Interim Agreement and the Special Agreement, or are acquired in accordance with the Agreement and with this Agreement, on (b) the basis other than paragraph (b) of this Article, Intelsat, upon receipt of an application shall, in so far as it has the right to do so:

i) Reveal or cause such inventions and technical information to be disclosed to any Signatory, subject to reimbursement of any payment made by Intelsat or required in this respect for the exercise of such a right of disclosure;

ii) Make available to any Signatory the right to disclose or cause to be disclosed to the Signatories and other persons and entities under the jurisdiction of a Party and to use, authorize or otherwise authorize the Signatories and other persons and entities under the jurisdiction of a Party, the use of such inventions and technical information:

A. Without payment, in relation to the Intelsat space segment or any earth station operating with it, and

B. For any other purpose, under fair and reasonable terms and conditions to be agreed between the Signatories or any other person or entity within the jurisdiction of a Party and Intelsat or the owner or originator of such inventions and technical information or any other duly authorised entity or person having an ownership interest therein and subject to the reimbursement of any payment made by Intelsat or required in this respect for the exercise of such rights;

(i) Intelsat, in so far as it acquires the right, in accordance with paragraph (b) (i) of this Article, to disclose to it inventions and technical information, it shall keep each Signatario informed of such inventions and technical information. availability and general nature of such inventions and technical information. Intelsat, in so far as it acquires rights, in accordance with the provisions of this Article, to make available to the Signatories and persons and entities under the jurisdiction of a Party inventions and technical information, make, upon request, such rights at the disposal of any Signatory or of whom it designates;

j) The disclosure and use of any invention and technical information on which Intelsat has acquired any right, as well as the conditions of such disclosure and use, shall be made on a non-discriminatory basis with respect to all Signatories or those appointed by them.

ARTICLE 18.

Responsibility

(a) Neither Intelsat nor the Signatories in their capacity of such or when acting in the performance of their duties and within their powers, no director, official or employee of the same or any representative to any body of Intelsat, be liable to any Signatory or to Intelsat, and shall not be entitled to claim against any of them for damages suffered under the non-availability, delay or poor functioning of the services of telecommunications provided or to be provided in accordance with the Agreement or with this Agreement Operational;

(b) If Intelsat or any Signatory is required, as such, pursuant to a final judgment given by a competent court, or as a result of a commitment accepted or agreed upon by the Board of Governors, to pay the amount of a claim, including any costs or expenses related thereto, arising from an activity executed or authorized by Intelsat under the Agreement or the present Operating Agreement, and to the extent that such claim is not satisfied by means of compensation, insurance or other financial arrangements, the Signatories, despite the ceiling set out in Article 5 of this Operational Agreement shall pay Intelsat the amount due for such a claim in proportion to their respective investment shares on the date on which the claim is payable by Intelsat;

(c) If a claim against a Signatory is filed, the Signatory shall notify Intelsat as a condition of the payment by Intelsat of the amount of the claim referred to in paragraph (b) of this Article, and shall allow the Intelsat advise and make recommendations in respect of the defence or to direct it, or to take other measures on the complaint and, to the extent permitted by the jurisdiction in which the complaint was raised, to be a party to the proceedings together with such Signatory or in place of replacement.

ARTICLE 19.

Purchase of interest

a) Pursuant to the provisions of Articles 9 and 15 of the Interim Agreement, as soon as possible and within three months of the date of entry into The Board of Governors shall determine, in accordance with paragraph (d) of this Article, the financial situation in Intelsat of each Signatory of the special arrangement for which, as a State, or for whose State, the Agreement, when it entered into force, would not have entered into force or been applied provisionally. The Board of Governors shall notify each Signatory in writing of its financial position and the relevant interest rate. This rate should be close to the cost of money in world markets;

(b) A Signatory may accept the assessment of its financial position and the interest rate as notified in accordance with paragraph (a) of this Article, unless otherwise agreed between the Board of Directors. Governors and such Signatory. Intelsat shall pay that Signatory, in dollars of the United States of America or in another currency freely convertible to dollars of the United States of America, within ninety days of the date of such acceptance, or within a longer period, if agreed, the amount accepted, plus interest on the same applicable from the date of entry into force of this Operating Agreement up to the date of payment;

(c) If there is a dispute between Intelsat and a Signatory as to the amount of the amount or interest rate that could not be settled by negotiation within the one-year period from the date on which that Signatory was (a) the amount and interest rate reported shall continue to be the offer in force of Intelsat to settle the dispute, with the funds corresponding to the amount and the interest rate reported. provision of that Signatory. As long as a mutually acceptable court can be found, Intelsat will submit the dispute to arbitration if requested by the Signatory. Upon receipt of the court award, Intelsat shall pay the Signatory the amount determined in the U.S. dollar award of the United States or in another currency freely convertible into dollars of the United States of America;

(d) The financial situation referred to in paragraph (a) of this Article shall be determined as follows:

i) The final subscription fee shall be multiplied under the Special Agreement, on the date of entry into force of this Operating Agreement, by the amount established pursuant to paragraph (b) of Article 7 of this Operating Agreement, and

(ii) The result obtained in accordance with paragraph (i) of this paragraph shall subtract any amount owed by that Signatory on the date of entry into force of this Operating Agreement;

e) No provision of this Article:

i) Eximitates the Signatory referred to in paragraph (a) of this Article, from its participation in the obligations collectively incurred by the Signatories of the Special Agreement, or on behalf of them, as a result of acts or omissions in the implementation of the Interim Agreement and the Special Agreement prior to the date of entry into force of this Operational Agreement, or

(ii) Private to such a Signatory of those rights acquired by him, in his capacity of such, which he otherwise would have retained after the expiry of the Special Agreement, and for which the Signatory would not have been compensated for compliance with the provisions of this Article.

ARTICLE 20.

Dispute Settlement

(a) Any legal dispute arising in connection with the rights and obligations provided for in the Agreement or in the present Agreement of the Signatories to each other, or between Intelsat and one or more Signatories, of not being able to settle another manner within a reasonable time, shall be submitted to an arbitration tribunal in accordance with the provisions of Annex C to the Agreement;

(b) Any controversy of this nature between a Signatory and a State or Telecommunications Entity which has ceased to be Signatory or, between Intelsat and a State or Telecommunications Entity which has ceased to be Signatory, and which arose after that State or telecommunications entity has ceased to be a Signatory, if it cannot be settled otherwise within a reasonable time, it shall be subject to arbitration and, if the parties so agree, such arbitration shall be regulated in accordance with the provisions of Annex C to the Agreement. If a State or telecommunications entity ceases to be Signatory after an arbitration has been initiated in which it is litigant, such arbitration shall continue and terminate in accordance with the provisions of Annex C to the Agreement or, if applicable, compliance with those other provisions governing such arbitration;

c) Any legal dispute arising out of agreements and contracts that Intelsat has with any Signatory shall be subject to the provisions on dispute settlement contained in such agreements and contracts. In the absence of such provisions, such disputes, if not otherwise resolved within a reasonable time, shall be subject to arbitration in accordance with the provisions of Annex C to the Agreement;

(d) If, on the date of entry into force of this Agreement, an ongoing arbitration under the Supplementary Agreement on Arbitration dated June 4, 1965, is to be concluded, the provisions of that Agreement Supplementary will remain in force in respect of the said arbitration until its conclusion. If the Interim Telecommunications Committee for Satellite were party to the arbitration, Intelsat will replace it as a party.

ARTICLE 21.

Retreat

(a) Within three months of the effective date of the withdrawal of an Intelsat Signatory, pursuant to Article 16 of the Agreement, the Board of Governors shall notify that Signatory of the an assessment that has made its financial statement in Intelsat corresponding to the effective date of withdrawal and the settlement terms proposed in accordance with paragraph (c) of this Article;

(b) The notification provided for in paragraph (a) of this Article shall include a statement of account stating:

i) The amount to be paid by Intelsat to the Signatory, resulting from multiplying the investment participation of the Signatory on the effective date of the withdrawal, by the amount established in the assessment carried out on that date of conformity with Article 7 (b) of this Operational Agreement;

(ii) Pending amounts to be paid by the Signatory to Intelsat in accordance with the provisions of paragraphs (g), (j) or (k) of Article 16 of the Agreement, which represent their participation in the capital contributions for specifically authorised contractual commitments, either before the date of receipt by the competent authority of its withdrawal decision notification or, before the effective date of withdrawal, as the case may be, together with with the proposed payment schedule to meet these contractual commitments, and

iii) Any amount that said Signatory, on the effective date of the withdrawal, must be to Intelsat;

(c) The amounts referred to in points (i) and (ii) of paragraph (b) of this Article shall be reimbursed by Intelsat to the Signatory within a period similar to that in which their capital contributions are reimbursed to other Signatories; or within a shorter period of time deemed appropriate by the Board of Governors. The Board of Governors shall fix the interest rate payable to the Signatory, or the Signatory, in respect of any amount that may be outstanding at any time;

(d) In the assessment carried out in accordance with paragraph (b) (ii) of this Article, the Board of Governors may decide to relieve the Signatory, in whole or in part, of the obligation to pay its participation in the contributions. of capital necessary to satisfy both specifically authorized contractual commitments, as well as liabilities arising from prior acts or omissions, either on receipt of the withdrawal notice, or on the effective date of withdrawal of the Signatory in accordance with Article 16 of the Agreement;

(e) Unless the Board of Governors otherwise decides in accordance with paragraph (d) of this Article, no provision of this Article shall:

i) Eximitates the Signatory referred to in paragraph (a) of this Article from its participation in any of the non-contractual obligations of Intelsat emanating from acts or omissions in the implementation of the Agreement and this Agreement Operative prior to receipt of the withdrawal notice or, if applicable, to the effective date of withdrawal, or

(ii) Private to such a Signatory of any of the rights acquired in its capacity of Signatory that it has retained in the case of not retiring, and for which the Signatory has not already been compensated under the provisions of the present Article.

ARTICLE 22.

Amendments

(a) Any Signatory, the Assembly of the Parties or the Board of Governors may propose amendments to this Operational Agreement. The proposed amendments shall be submitted to the executive body, which shall distribute them to all Parties and to all Parties as soon as possible;

(b) The proposed amendments shall be considered by the Meeting of Signatories at their first ordinary meeting following the distribution by the executive body, or at an earlier extraordinary meeting convened in accordance with Article VIII of the Agreement, provided that in both cases the proposed amendments have been distributed no less than 90 days before the opening of the corresponding meeting. The Signatories ' Meeting shall, for this purpose, examine the observations and recommendations they have received in respect of the proposed amendments of the Assembly of the Parties or the Board of Governors;

(c) The Signatory Meeting shall take decisions on the proposed amendments in accordance with the rules of quorum and voting set out in Article VIII of the Agreement. It may amend proposals for amendments distributed in accordance with paragraph (b) of this Article and take decisions on proposed amendments which would not have been so distributed but which are directly from a proposal for an amendment. or of a modified amendment;

d) The amendments approved by the Signatory Meeting shall enter into force, in accordance with paragraph e) of this Article, after the Depositary has received notification of the approval of the amendment, either by:

i) Two-thirds of the Signatories who were Signatories on the date the amendment was approved by the Signatory Meeting, provided that these two-thirds include Signatories that had at least two-thirds of the total of the investment units, or by

(ii) A number of Signatories equal to or greater than eighty-five percent of the total number of Signatories who were Signatories on the date the amendment was approved by the Meeting of Signatories whatever the amount of the investment units which the Signatories have had on that occasion.

Notification of the approval of an amendment by a Signatory shall be sent to the Depositary by the Party concerned. Such communication shall mean acceptance of the said amendment by the Party;

e) The Depositary shall notify all Signatories of the receipt of the amendments required by paragraph (d) of this Article. After the period of 90 days from the date of such notification, the amendment shall enter into force in respect of all the Signatories, including those who have not voluntarily withdrawn from Intelsat or have yet accepted, approved or ratified the amendment.

ARTICLE 23.

Entry into effect

(a) This Operational Agreement shall enter into force for a Signatory on the date of the entry into force of the Agreement, in accordance with paragraphs (a) and (d), or (b) and (d) of Article 20 of the Agreement, for the Party concerning;

(b) This Operating Agreement shall be applied provisionally for a Signatory on the date the Agreement is provisionally applied, in accordance with paragraphs (c) and (d) of Article 20 of the Agreement, to the Part concerning;

(c) This Operational Agreement shall be in force for as long as the Agreement is present.

ARTICLE 24.

Depositary

(a) The Government of the United States of America shall be the Depositary of this Operational Agreement, whose Spanish, French and English texts are equally authentic. This Operational Agreement shall be deposited in the archives of the Depositary with which the notifications of approval of amendments, replacing a Signatory in accordance with paragraph (f) of Article 16 of the Agreement and Intelsat retreats;

(b) The Depositary shall transmit certified copies of the texts of this Operational Agreement to all governments and to all designated telecommunications entities that have signed it and to the International Telecommunication Union; and notify those Governments, designated telecommunications entities and International Telecommunication Union, the signatures of this Operational Agreement, the beginning of the 60-day period referred to in paragraph (a) of the Article 20 of the Agreement, the entry into force of this Agreement Operational Agreement, the notifications of approval of amendments and the entry into force of the amendments to this Operational Agreement. The notice of the beginning of the 60-day period shall be given on the first day of that period;

(c) Upon entry into force of this Operational Agreement, the Depositary shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

In testimony of which, those who subscribe, duly authorized, sign this Operating Agreement.

Made in Washington, on August 20, a thousand nine hundred and seventy-one.

ANNEX

TRANSIENT PROVISIONS

1. Obligations of the Signatories

Any Signatory to this Operational Agreement which has been, or whose designated Party has been, part of the Interim Agreement, shall pay, or shall be entitled to receive, as the case may be, the net amount of any amount which, in accordance with the Special Agreement, due or due, on the date of entry into force of the Agreement, that part in its capacity as Signatory or its designated Signatory of the Special Agreement.

2. Constitution of the Board of Governors

(a) On the date of the beginning of the sixty-day period referred to in paragraph (a) of Article 20 of the Agreement and from that date, the "Communications Satellite Corporation" shall notify weekly to all Parties to the Special Agreement and to the States or telecommunications entities designated by them and for which this Operational Agreement enters into force, or for which it is provisionally applied in the date of entry into force of the agreement, the estimated initial investment participation of each such States or telecommunications entities, in accordance with the provisions of this Operational Agreement;

b) During this sixty-day period, the Communications Satellite Corporation will make the necessary administrative procedures to convene the first meeting of the Board of Governors;

(c) Within three days of the date of entry into force of the Agreement, the 'Communications Satellite Corporation', acting in accordance with paragraph 2 of Annex D to the Agreement, shall:

i) Notify all Signatories for which this Operating Agreement has entered into force, or has been provisionally applied, the amount of their initial investment units determined in accordance with Article 6 of the Operational Agreement, and

ii) Notify all Signatories regarding the formalities made for the first meeting of the Board of Governors, which shall be convened within a period not longer than thirty days after the entry into force of the Agreement.

3. Solution Of Controversies

Any legal dispute that may arise between Intelsat and the Communications Satellite Corporation in connection with the provision of services by that entity and which originates between the dates of entry into force of this Agreement Operative and the contract concluded, in accordance with the provisions of paragraph (a) (ii) of Article 12 of the Agreement, shall be submitted to arbitration in accordance with the provisions of Annex C to the Agreement, not to be solved otherwise within a reasonable time frame.

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs

NOTES:

That the present reproduction is faithful photocopy taken from the Official Publication of the full text of the Agreement and the Intelsat contentivo of the " Amendment to paragraph (f) of article 17 of the agreement on the International Telecommunications Organization by Satellite "" Intelsat " made in Washington on twenty (20) August of one thousand nine hundred and seventy-one (1971), approved by the Twenty-th Assembly of Parties in Copenhagen, Denmark on 31 December The Commission shall, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 413/95, adopt the following amendments: The operational agreement of the Telecommunications Organization by Satellite ", made in Washington the twenty (20) of August of one thousand nine hundred and seventy one (1971), approved by the Twenty-Fifth Meeting of Signatories in Singapore the four (4) of April thousand nine hundred and ninety-five (1995), a document that rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., on the nine (9) October of a thousand

nine hundred and ninety-seven (1997).

Hector Adolfo Sintura Varela,

Chief Legal Office.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., November 28, 1998

Approved, subject to the consideration of the honorable National Congress for the

constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(Fdo.) Maria Emma Mejia Velez.

DECRETA:

ARTICLE 1o. Approve the "Amendment to paragraph (f) of Article 17 'Relative Agreement to the International Telecommunication Organization by Satellite'," Intelsat " made in Washington on Twenty (20) August of a thousand nine hundred and seventy-one (1971), approved by the 20th Assembly of the Parties in Copenhagen, Denmark, on 31 August 1995, and the " Amendment to points (d), (i) and (h) of Article 6 and (f) of Article 22 of the Agreement Operation of the Telecommunications Organization by Satellite ", made in Washington twenty (20) of August of a thousand nine hundred and seventy-one (1971), approved by the Twenty-Fifth Meeting of Signatories in Singapore on April 4, 1995.

ARTICLE 2o. In accordance with the provisions of Article 1o. Of Law 7a. 1944, the "Amendment to paragraph (f) of Article 17 of the Agreement on the International Organization of Telecommunications by Satellite" "Intelsat", made in Washington on twenty (20) August of a thousand nine hundred Seventy-one (1971), adopted by the 20th Assembly of the Parties in Copenhagen, Denmark, on 31 August 1995 and the " Amendment to points (d), (i) and (h) of Article 6 and (f) of Article 22 of the Operational Agreement of the Telecommunications Organisation by Satellite ", made in Washington the twenty (20) of August of a thousand nine hundred and seventy-one (1971), approved by the Twenty-Fifth Meeting of Signatories in Singapore on April 4, 1995, which, by the first article of this law, will be approved, will force the country from the date on which the international link with respect to them is perfected.

ARTICLE 3o. This law applies as of the date of its publication.

The President of the honorable Senate of the Republic,

Miguel Pinedo Vidal.

The Secretary General of the honorable Senate of the Republic,

Manuel Enriquez Rosero.

The President of the honorable House of Representatives,

Armando Pomarico Ramos.

The Secretary General of the honorable House of Representatives,

Gustavo Bustamante Moratto.

COLOMBIA-NATIONAL GOVERNMENT

Contact and publish.

EXECUTE upon review of the Constitutional Court, in accordance with the article

241-10 of the Political Constitution.

Dada en Santa Fe de Bogotá, D. C., at 23 December 1999.

ANDRES PASTRANA ARANGO

The Foreign Minister,

Guillermo Fernandez de Soto.

The Minister of Communications,

Claudia de Francisco Zambrano.