Key Benefits:
829 OF 2003
(July 10)
Official Journal No. 45,248 of 14 July 2003
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the Amendments to the Agreement on the International Telecommunications Organization by Satellite "Intelsat" in Washington, on August 20, 1971 and the Amendment to the Operating Agreement, are approved. in Washington on 20 August 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Amendments to the Agreement on the International Organization of Telecommunications by Satellite" Intelsat " made in Washington, on August 20, 1971 and the Amendment to the Operating Agreement, made in Washington on August 20 of 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America. "
(To be transcribed: photocopy of the full text of the above International Instruments is attached).
"AMENDMENTS TO THE INTERNATIONAL SATELLITE TELECOMMUNICATIONS ORGANIZATION" INTELSAT " AGREEMENT
The title of the Agreement will be amended, deleting "Intelsat".
The Preamble will be amended,
deleting in paragraph 2 "item", and placing "Item" instead;
deleting from paragraph 3 through 7, from "Seen" to "satellite telecommunications", and placing in place:
Acknowledging that, in accordance with its original purpose, the International Satellite Telecommunications Organization has created a global satellite system to supply telecommunications services to all areas of the world, which has contributed to world peace and understanding,
Taking into account that the Twenty-Fourth Assembly of the Parties of the International Telecommunications Organization by Satellite decided to proceed to a restructuring and privatization by establishing a private company supervised by a intergovernmental organization,
Acknowledging that, in the face of increased competition in the supply of telecommunications services, the International Satellite Telecommunications Organization has had to transfer its space system to the Society defined in the Article I (d) of this Agreement to enable it to continue to be commercially viable,
Moved by the intention of the Company to respect the Fundamental Principles referred to in Article III of this Agreement and to provide, on a commercial basis, the space segment necessary for public international services of high quality and reliable telecommunications,
Having determined that an intergovernmental supervisory organization of which any Member State of the United Nations or the International Telecommunication Union may be a Party is needed to ensure that the Company complies uninterruptedly the Fundamental Principles,
Item I (Definitions) will be amended,
in paragraph (a), deleting "including the Annexes to it" and placing "including the Attachment and any amendment"; deleting "items" and placing "Items" instead; and deleting "Intelsat";
deleting paragraph (b), and refreshing paragraph (h) as paragraph (b);
renumming paragraph (j) as paragraph (c), and deleting "information" and placing "information" instead;
adding this new definition after paragraph (c) and numbering it as paragraph (d):
(d) the term "Company" means the entity or private entities founded in accordance with the law of one or more States, which is transferred to them by the international satellite telecommunications organization, and covers the successors of their rights obligations;
deleting the text from the paragraph (e) and placing this new definition in place:
the term "on a commercial basis" means according to the commercial customs uses of the telecommunications sector;
renumming paragraph (f) as paragraph (p); deleting "the" before "Status" and placing "a"; deleting "present" before "Agreement"; and deleting "applies" and placing "has applied";
renumming paragraph (k) as paragraph (f), and placing "the Society" instead of "Intelsat";
deleting paragraph (g); renumming paragraph (c) as paragraph (g), and deleting "the" after "designates", placing instead "on";
adding this new definition after paragraph (g):
(h) the term "vital connectivity obligation" or "OCV" designates the obligation assumed by the Company, in the terms of the OCV contract, to provide uninterrupted telecommunications services to the OCV client;
by deleting the paragraph (i) text; placing the paragraph (d) in its place, and deleting "the" after "designating", placing instead "on";
adding these new definitions after paragraph (i) and numbering them as paragraphs (j) and (k):
(j) the term "Public Service Agreement" means the legally binding instrument by which the ITSO ensures that the Company respects the Fundamental Principles;
(k) the term "Fundamental Principles" designates the principles set out in Article III,
deleting the text from the paragraph (l) and, placing this new definition in place:
the term "common heritage" means the allocation of frequencies related to orbital locations in the process of early publication, coordination or registered on behalf of the Parties to the International Union of Ticaci (UIT) in accordance with the provisions of the ITU Radio Regulations that are transferred to one or more Parties in accordance with Article XII;
deleting "and" at the end of paragraph (m), renumming paragraph (m) as paragraph (q), and adding as new paragraph (m) text the following definition:
(m) the term "global coverage" designates the maximum geographical coverage of the Earth to the most extreme north and south parallels visible from the satellites deployed in geostationary orbital positions;
deleting the paragraph (n) text and placing it in place:
the term "global connectivity" means the means of interconnection available to the clients of the Society through the global coverage it offers to make possible the communication between and within the five regions of the Union International Telecommunications defined by the ITU plenipotentiary conference, held in Montreux in 1965;
adding this new definition after paragraph (n) and refreshing it as a paragraph (or):
(o) the term "non-discriminatory access" designates equal and equal opportunity for access to the Society's system;
amending the renumbered paragraph as (q), deleting after the first comma "even contractual rights, whatever their nature, on which property rights may be exercised" and placing " whatever their nature, on which property rights may be exercised, as well as contractual rights "; and deleting" and " after the point and comma;
adding these new definitions after paragraph (q) and numbering them as paragraphs (r) and (s):
(r) the term "OCV clients" designates all customers who, by meeting all conditions, conclude OCV contracts; and
(s) the term "Administration" means any government department or service responsible for the fulfilment of the obligations arising from the Constitution of the International Telecommunication Union, of the Convention of the International Union of Telecommunications and its Administrative Regulations.
Article II shall be amended,
deleting "Intelsat" from the title and adding "the ITSO";
completely deleting the text of Article II and placing in place:
Taking full account of the principles set out in the Preamble to this Agreement, the Parties establish the International Telecommunications Organization by Satellite, referred to as "ITSO".
Article III will be amended, changing the title to "Main End and Fundamental Principles of the ITSO";
deleting paragraph (a);
by deleting the designation "(b)" from paragraph (b); adding "For the purposes of the application of Article III, they shall be" instead of "They shall be"; renumming the (b) (i) as (a); placing "zones" instead of "areas" each time it appears; placing "in question" rather than "interested"; renumming (b) (ii) as (b); placing "zones" instead of "areas" placing "those areas, provided that the relevant approval has been granted" rather than " such areas, provided that the Meeting of Signatories, taking into account the advice of the Board of Governors, grant prior approval "; and moving the old (b), amended, to Article IV;
completely deleting the rest of Article III and placing in place:
(a) Taking into account the establishment of the Company, the main purpose of the ITSO is to ensure, through the Public Services Agreement, that the Company provides, on a commercial basis, public international services of telecommunications, in order to monitor compliance with the Fundamental Principles.
(b) The Fundamental Principles Are:
(i) maintain global connectivity and global coverage;
(ii) serving clients with vital connectivity; and
(iii) offer non-discriminatory access to the Society's system.
Article IV will be amended,
by changing the title to "Public national telecommunications services in-cells";
deleting "Intelsat" and adding instead "The ITSO" in paragraph (a); and deleting "item" and placing "Articulo" instead in paragraph (b);
renumming the whole of the text of Article IV (Legal personality), with the amendments, as Article VI, with the exception of the text of the old paragraph (b) of Article III, which, according to the amendments indicated above, had passed here and is the new one. text of Article IV.
Article V. will be amended
changing the title to "Monitoring";
completely deleting the current text of item V and placing it in place:
The ITSO will take all appropriate measures, including concertation of the Public Services Agreement, to monitor the compliance of the Company with the Fundamental Principles, in particular the principle of non-discriminatory access to the The Company's system in the existing and future public telecommunications services offered by the Company when space segment capacity is available on a commercial basis.
Article VI will be amended,
deleting "Intelsat" from the title and placing "the ITSO" instead;
refreshing item VIII;
amending the renumbered item as VIII so that it grows:
The ITSO will have the following organs:
(a) the Assembly of Parties; and
(b) an executive body, chaired by the Director General, accountable to the Assembly of the Parties.
Article VII (Assembly of the Parties) shall be amended by moving the text of Article VII to Article IX;
changing the title of Article VII to "Financial Principles";
adding this new text as item VII:
(a) The ITSO shall be financed during the twelve-year period set out in Article XXI while retaining certain financial assets at the time of the transfer of the ITSO's space system to the Company.
(b) In case of continued existence after twelve years, the ITSO will obtain financing through the Public Service Agreement.
Article VIII (Signatory Meeting) will be amended,
by deleting the title and the entirety of the text of the old Article VIII and by placing in its place the text and title of Article VI, which, according to the amendments indicated above, has been renumbered as Article VIII.
Article IX shall be amended,
completely deleting the text of the old article IX;
changing the title of article IX by "Assembly of Parties",
amending as follows the text of the old article VII (Assembly of the Parties), which, as indicated above, has been renumbered as article IX:
deleting "Intelsat" and placing "the ITSO" in the paragraph (a);
deleting from paragraph (b) to (e) and placing in place:
(b) The Assembly of Parties shall consider the overall policy and long-term objectives of the ITSO.
(c) The Assembly of the Parties shall consider matters that are primarily of interest to the Parties as sovereign States, and in particular shall ensure that the Company provides, on a commercial basis, public international services of telecommunications, with the object of:
(i) maintain global connectivity and global coverage;
(ii) serving clients with vital connectivity; and
(iii) offer non-discriminatory access to the Society's system.
(d) The Assembly of the Parties shall have the following functions and powers:
(i) to direct the executive body of the ITSO in the manner it deems appropriate, particularly as regards the examination by the executive body of the activities of the Society that are directly linked to the Fundamental Principles;
(ii) examine and decide proposals to amend this Agreement in accordance with its Article XV;
(iii) appoint and remove the Director General in accordance with Article X;
(iv) review and make decisions on the reports presented by the Director General regarding the compliance of the Society with the Fundamental Principles; < /o:p>
(v) examine recommendations from the Director General and take action in this regard;
(vi) decide, in accordance with paragraph (b) of Article XIV of this Agreement, to withdraw a Party from the ITSO;
(vii) decide on issues relating to official relations between ITSO and States, whether Parties or not, or international organisations;
(viii) attend to claims submitted to you by the Parties;
(ix) examine issues relating to the Common Heritage of the Parties;
(x) make decisions on the approval referred to in paragraph (b) of Article IV of this Agreement;
(xi) examine and approve the budget of the ITSO for the time agreed by the Assembly of the Parties;
(xii) make the necessary decisions regarding contingencies outside of the approved budget;
(xiii) appoint an auditor to examine ITSO expenses and accounts;
(xiv) select the case-courts referred to in Article 3 of Annex A to this Agreement;
(xv) determine the conditions under which the Director General may initiate an arbitration procedure against: the Company in accordance with the Public Service Agreement,
(xvi) make decisions on proposed amendments to the Utilities Agreement; and
(xvii) to exercise any other function attributed to you by any other article of this Agreement.
(e) The Assembly of Parties shall meet in ordinary session every two years, beginning no more than twelve months after the transfer of the ITSO's space system to the Society. In addition to the ordinary sessions, it may also meet in extraordinary session, convened at the request of the executive body under the terms of paragraph (k) of Article X, or by means of a document submitted by one or more Parties to the Director General in the the purpose of the meeting is to be endorsed by at least one third of the Parties, with the support of the applicant Parties. The Assembly of Parties shall establish the conditions under which the Director-General may convene an extraordinary meeting of the Assembly of the Parties.
in the first sentence of the paragraph (f), deleting "shall be constituted by" and placing in its place "shall be constituted by";
in paragraph (f), deleting "Each Party will have one vote";
in the new second, third, and fourth sentences of paragraph (f), deleting "a" before "vote";
adding at end of paragraph (f):
The Parties shall be given the opportunity to vote by proxy or other means deemed by the Assembly of the Parties, and shall be provided with the necessary information in good time in advance of the Assembly meeting.
refreshing paragraph (g) as paragraph (h), deleting "will you include a disposition to" put in place "; and adding after" directive ":
", and govern participation and voting"
adding this new paragraph (g):
(g) At any meeting of the Assembly of Parties, each Party shall have one vote.
renumming paragraph (h) as paragraph (i), deleting from "Intelsat" to the end of the sentence, and placing "the ITSO" instead.
Item X will be amended,
by changing the title to "General Manager". by completely deleting the text of Article X and placing it in place:
(a) The executive body shall be chaired by the Director-General, who shall be directly accountable to the Assembly of the Parties.
(b) The Director General:
(i) shall be the chief executive officer and legal representative of the ITSO, and shall respond to the performance of all management functions, including the exercise of current rights;
(ii) shall act in accordance with the policies and directives of the Assembly of the Parties; and
(iii) shall be appointed by the Assembly of Parties with a mandate of four years or the duration of the Assembly of the Parties. The Director-General may be removed from office, as the case may be, by the Assembly of the Parties. No holder may serve as Director-General more than eight years.
(c) The main criterion 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, taking into account the advantages that could be offered by recruitment and settlement with regional and geographical diversity. The Director-General and the staff of the executive body shall refrain from any action incompatible with their responsibilities vis-à-vis the ITSO.
(d) The Director-General, following the advice and instructions of the Assembly of the Parties, shall decide on the structure, the allocation and the normal conditions of employment of managers and employees, and shall appoint the staff of the executive body. The Director-General may select consultants and other advisors from the executive body.
(e) The Director General shall monitor the respect of the Society for Fundamental Principles.
(f) The Director General:
(i) will note the respect of the Society to the Fundamental Principle of attending to OCV clients in compliance with OCV contracts;
(ii) shall examine the decisions taken by the Company in respect of requests for assistance for the concertation of an OCV contract;
(iii) will assist OCV clients in resolving disputes with the Company by providing reconciliation services; and
(iv) in case an OCV client decides to initiate an arbitration proceedings against the Company, it will provide advice on the selection of consultants and arbitrators.
(g) The Director-General shall inform the Parties of the matters referred to in points (d) to (f)
(h) In accordance with the conditions set by the Assembly of the Parties, the Director General may initiate an arbitration procedure against the Company in accordance with the Public Service Agreement.
(i) The Director General shall deal with the Company in accordance with the Public Service Agreement.
(j) On behalf of the ITSO, the Director General shall examine all matters arising out of the Common Heritage of the Parties and shall communicate to the Parties or the Notificant Administrations the views of the Parties.
(k) In case the Director General opines that, by failing to take action pursuant to Article XI (c), a Party has undermined the Company's ability to comply with the Fundamental Principles, it shall contact that Party for seek a solution to the situation and may, in accordance with the conditions laid down by the Assembly of the Parties pursuant to Article IX (e), convene an extraordinary meeting of the Assembly of the Parties.
(l) The Assembly of the Parties 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 performing his duties, or when his position is vacant. The Director-General shall be capable of exercising all the powers conferred upon the Director-General in accordance with this Agreement. In the case of a vacancy, the 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.
Article XI shall be amended by changing the title to "Rights and obligations of the Parties";
completely deleting the text of Article XI and placing in its place Article XIV, with the following amendments:
in point (a), deleting "and the Signatories", deleting the comma after the first time "Agreement" appears; placing ", the Fundamental Principles of Article III and others" after "Preamble"; and deleting "and the" before "provisions";
in the first sentence of point (b), deleting "and all Signatories"; placing "represented" instead of "represented"; placing "any provision" instead of "any provisions"; suppressing "and the Operating Agreement"; placing "celebrated" instead of "being celebrated"; and placing "the ITSO, as per the arrangements made by the ITSO" instead of "Intelsat, in accordance with the agreements made by Intelsat";
in the second sentence of point (b), placing "arrangements with the Host Party" instead of "the agreements with the Host Party or Signatory for"; placing "the income" instead of "the admission"; placing "during" instead of " by the duration of "; and deleting" and all Signatories ";
deleting paragraphs (c) to (g) and including the following new paragraph (c):
(c) All Parties shall take the necessary measures, in a transparent manner, without discrimination and neutral from the point of view of competition, under the applicable national procedure and the relevant international agreements of the Parties. which are part, so that the Society can comply with the Fundamental Principles.
Article XII shall be amended,
by changing the title to "Frequency Assignatures";
completely deleting the text and placing this new text instead:
(a) The Parties to the ITSO shall retain orbital locations and frequency assignments in coordination or on behalf of the Parties to the ITU in accordance with the provisions of the ITU Radio Regulations. until the Notified Administrations have notified the Depositary that they have approved, accepted or ratified this Agreement. The Parties shall elect among the ITSO members a Party that shall represent all Parties of the ITSO to the ITU during the period in which the Parties of the ITSO retain such allocations.
(b) By notifying the Depositary that a Party elected by the Assembly of the Parties to act as the Notifying Administration of the Company has approved, accepted or ratified this Agreement, the Party elected in accordance with point (a) to represent all Parties during the period in which the ITSO retains allocations, shall transfer those allocations to the selected Notified Administrations.
(c) Under the appropriate national procedure, any Party elected to act as the Company's Notifying Administration:
(i) will authorize the use of such a frequency allocation by the Company so that the Fundamental Principles can be fulfilled; and
(ii) in the event that such use is no longer authorized, or that the Company ceases to need such or such frequency assignments, it will cancel such frequency assignment in accordance with the ITU procedures.
(d) Without prejudice to any other provision of this Agreement, in the event that a Party elected to act as a Notification Administration for the Company ceases to be a member of the ITSO pursuant to Article XIV, that Party shall be subject to all relevant provisions of this Agreement and of the ITU Radio Regulations until the frequency allocations are transferred to another Party in accordance with the procedures of the ITU.
(e) Any Party chosen to act as a Notification Administration in accordance with (c):
(i) shall report at least once a year to the Director-General on the treatment that the Company has received from such Notifying Administration, taking particular account of the compliance of that Party with the obligations imposed on it by the Company. Article XI (c);
(ii) request the views of the Director-General, on behalf of the ITSO, on the measures necessary for the Society to comply with the Fundamental Principles;
(iii) will collaborate with the Director General, on behalf of the ITSO, on activities that could be performed by the Notified Administrations to provide broader access to dependent countries;
(iv) shall notify and consult the Director-General on the coordination of satellite systems to be carried out before the ITU on behalf of the Company in order to ensure that the worldwide service and connectivity for the dependent users; and
(v) will consult the ITU on the satellite communications needs of dependent users.
Article XIII shall be amended by deleting the title and the text;
renewing article XV as article XIII;
changing the title to "ITSO headquarters, privileges, exemptions, and immunities";
amending the text of the old article XV, renumbered as XIII,
in paragraph (a), deleting "Intelsat" and placing "the ITSO" instead; placing "the city of" before "Washington"; and
placing after "Washington," "unless otherwise determined by the Assembly of Parties."
in paragraph (b), by deleting "and from any customs duty on telecommunications satellites and parts and parts for such satellites to be released for use in the world system"; and deleting "Intelsat" all times appearing, placing "the ITSO" instead;
in the first sentence of the paragraph (c), placing "the ITSO" each time "Intelsat" appears; after the first comma, placing "y" instead of "o"; then from the second comma, deleting "as the case will grant," and placing in its place "shall grant, respectively"; after the first time "Protocol" appears, placing "and" instead of "or"; after the first time "See Agreement" appears, instead of "as referred to in this paragraph, respectively", placing " referred to in this paragraph, "; before the second time" Protocol "appears, placing" said " in place of "such"; and before the point by deleting ", the Signatories and the representatives of Signatories and persons involved in arbitration proceedings"
in the second sentence of the paragraph (c), after "obligations", by deleting "to the degree" and placing in its place ", to the extent"; after "Protocol", instead of "mentioned in", placing "to which it refers";
in the third sentence of paragraph (c), placing "the ITSO" each time "Intelsat" appears;
after the third sentence of paragraph (c), suppressing the sentence " the Headquarters Agreement shall include a provision that any Signatory acting as such, except the Signatory designated by the Party in whose territory the location, shall be exempt from national taxes on perceived revenues of Intelsat in the territory of that Party. "
Article XVI (Retiro) will be renumbered as article XIV, amending it so that it grows:
(a) (i) Any Party may voluntarily withdraw from the ITSO. The Parties shall notify the Depositary in writing of their decision to withdraw.
(ii) Notification of a Party's decision to withdraw pursuant to paragraph (i) of paragraph (a) of this Article shall be transmitted by the Depositary to all Parties and to the executive body.
(iii) Subject to Article XII (d), the voluntary withdrawal shall take effect for the Party three months after the date of receipt of the notification referred to in paragraph (i) of paragraph (a) of this Article, and this Agreement shall cease to be be in effect then for the Party.
(b) (i) It appears that a Party has ceased to comply with any of the obligations under this Agreement, the Assembly of the Parties, after receiving notification of this effect or acting on its own initiative, and having assessed the statements made by the Party, may decide, if it finds that such non-compliance has indeed occurred, to consider it withdrawn from the ITSO. This Agreement shall cease to be in force for that Party from the date of such decision. An extraordinary meeting of the Assembly of Pans may be convened for this purpose.
(ii) If the Assembly of the Parties decides that a Party is deemed to have withdrawn from the ITSO pursuant to paragraph (i) of paragraph (b) of this Article, the Executive Body shall notify the Depositary, which shall notify the Depositary of the all Parties.
(c) 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 shall cease to be entitled to representation and vote in the Assembly of the Parties, and shall not be liable or liable after receipt of the notification.
(d) If in accordance with paragraph (b) of this Article, the Assembly of the Parties considers that the Party has withdrawn from the ITSO, the Party shall not incur any obligation or responsibility after that decision.
(e) The withdrawal of the ITSO from any Party shall not be required as a direct consequence of a change in the condition of that Party with respect to the United Nations or the International Telecommunication Union.
Article XVII (Amendments) will be renumbered as article XV, with the following amendments,
in paragraph (a), deleting at the end "which will distribute them to all Parties and Signatories as soon as possible" and placing in place "which will distribute them without delay to all Parties";
in paragraph (b), deleting "considered" and placing "examined" in its place; deleting "Article VII" and placing "Article IX" in its place; deleting "in both cases", placing "by the executive organ" after "distributed"; and deleting the last sentence;
in paragraph (c), deleting "Article VII" and placing "Article IX" instead; and deleting "article" after "paragraph (b) of the present" and placing "article" in its place;
amend paragraph (d) to read:
(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, two-thirds of the States that were Parties on the date the amendment was approved by the Assembly of the Parties.
in paragraph (e), deleting "item" and putting "Item" instead; deleting "Intelsat" and placing "the ITSO" instead;
in paragraph (f), deleting "item" and, putting "Item" instead.
Article XVIII (Dispute Settlement) will be renumbered as article XVI, amending it so that it grows:
(a) All legal disputes arising in connection with the rights and obligations under this Agreement, between the Parties. or between the ITSO and one or more Parties, if they are not otherwise resolved within a period of time. reasonable, shall be subject to arbitration in accordance with the provisions of Annex A to this Agreement.
(b) All legal disputes arising in connection with rights and obligations under this Agreement, between a Party and a State that has ceased to be a Party, or between the ITSO and a State that has ceased to be a Party, and arising after that State has ceased to be a Party, if it is not otherwise resolved within a reasonable period, shall be subject to arbitration in accordance with the provisions of Annex A to this Agreement, provided that the State which has left to be a Party so agree. If a State ceases to be a Party after an arbitration has commenced in which it is litigant, in accordance with paragraph (a) of this Article, such arbitration shall continue its course until the end.
(c) All legal disputes arising as a result of agreements concluded between the ITSO 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 A to this Agreement if the litigants so agree.
Article XIX (Signature) will be renumbered as article XVII, with the following amendments,
adding "the United Nations or" in point (a) (ii), just before "the International Telecommunication Union";
deleting "item" and colocating "Item" instead in paragraph (c).
Article XX (Entry into force) will be renumbered as Article XVIII, with the following amendments,
amending paragraph (a) for it to be prayed:
(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 these two-thirds included parties to the Interim Agreement which then had at least two-thirds of the quotas under the Agreement. Special. 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.
in paragraph (b), deleting "item" and putting "Item" instead;
in paragraph (c), deleting "item" and putting "Article" in place; amending the last sentence of the paragraph to make it pray:
If the provisional application terminates in accordance with points (ii) or (iii) of this paragraph, the provisions of paragraph (c) of Article XIV of this Agreement shall govern the rights and obligations of the Party.
delete paragraph (d) and renumber paragraph (e) as (d).
Article XXI (Miscellaneous Provisions) will be renewed as Article XIX, with the following amendments,
deleting "Intelsat" each time it appears and placing "the ITSO" instead;
deleting "Languages" and placing "Languages" instead in paragraph (a);
deleting "and Signatories" from paragraph (b).
Article XXII (Depositary) will be renumbered as article XX, with the following amendments,
deleting "Intelsat" each time it appears and placing "the ITSO" instead;
deleting "item" each time it appears and placing "Item" instead;
renumming "XIX" in paragraph (a) as "XVII";
in paragraph (b), renumming "XIX" as "XVII" and "XX" as "XVIII"; and in the second sentence, deleting "from" just before "beginning of the sixty-day period" and placing "the";
by moving the entire text following the "United Nations Charter" in the paragraph (c) to place it right after the last article of the amended Agreement.
New Item
After the article renumbered as XX, place this new article XXI, titled "Duration",
This Agreement shall be in force for at least twelve years from the date of the transfer of the space system of the ITSO to the Company. The Assembly of the Parties may terminate this Agreement by the date of the date of the transfer of the ITSO's space system to the Company by means of a vote of the Parties pursuant to Article IX (f). Such a decision shall be considered as substantive.
General instructions for all items
The items will appear in numerical order, and their paragraphs, in alphabetical order, with the corresponding amendments.
ANNEX A
Annex A. shall be deleted in full
ANNEX B
Annex B. shall be deleted in full
ANNEX C
Annex C will be amended,
renumming it as Attachment A;
by deleting in the title "AS REFERRED TO IN ARTICLE XVIII OF THIS AGREEMENT AND ARTICLE 20 OF THE OPERATIONAL AGREEMENT";
in Article 1, deleting "Article XVIII" and placing "Article XVI" in its place; and deleting ", in Article 20 of the Operating Agreement and in the Annex thereto"
in Article 2, deleting "Article XVIII" and placing "Article XVI" in its place; and deleting ", in Article 20 of the Operating Agreement and in the Annex thereto"
in Article 3, paragraph (a), by deleting "and subsequently not later than 60 days before the date of opening of each ordinary meeting of that Assembly" and placing in its place ", and of each of the following meetings"; "next ordinary meeting of the Assembly of the Parties" and placing in its place "second ordinary meeting next"; deleting "any" just before "biographical data" and placing in its place "the"; suppressing "will be" just before "available for selection" and placing "was" in its place; and tilting "period" in the last prayer;
in item 3, paragraph (b), deleting "item" and placing "Item" instead; deleting "be" and placing "was" in place; deleting "replaced" by placing "superseded" instead;
in Article 3, paragraph (c), deleting "group president, group components" below "For the purposes of designating a" and placing "chairman, group members" in its place; and adding this new sentence below of the first: "They may participate in person or by electronic means"; and by deleting at the end of paragraph (c) "Intelsat for the purposes of Article 8 of the Operating Agreement" and placing "1a ITSO" instead;
in article 3, paragraph (d), deleting "article" and placing "Article" instead; deleting "are" and placing "in" place; deleting the second sentence; deleting "components" and placing in place "members";
in article 3, paragraph (e), adding "a" after "When selecting"; deleting "article" and placing "Article" in its place; deleting "Assembly of Parties or Board of Governors will procure" and placing in place " Assembly of Parties ";
in Article 3, paragraph (f), by deleting the comma below "Every member or alternate of the group";
in Article 3, by completely deleting the paragraph (g);
in Article 4, paragraph (a) (iv), by deleting "Article XVIII" and by placing "Article XVI" in its place; and by deleting "or with Article 20 of the Operating Agreement";
in item 4, paragraph (b), deleting "and Signatory"; deleting "item" and placing "Item" instead;
in Article 5, deleting "item" and placing "Item" instead;
in Article 5, paragraph (a), by deleting "any counterclaims that arise" and placing "any counterclaim that arises" in its place;
in item 5, paragraph (b), deleting "the" after "In";
in Article 5, paragraph (c), adding a comma just before "who, within ten days";
in Article 6, deleting "item" and placing "Item" instead;
in article 6, paragraph (a), deleting "the president or" and placing in place ", according to the president's decision or"; suppressing "decide that they are out of the will" and placing in their place, "are beyond control"; and suppressing, " or "and placing in place" or "after" litigants ";
in Article 7, paragraph (b), by deleting "whose Designated Signatories and Signatories whose Parties designate" and placing in their place "what"; by deleting the comma after "controversy"; by deleting "Intelsat" the two times it appears and, placing "the ITSO" instead; and deleting "and all Signatories";
in article 7, paragraph (e), deleting "substantiated" and placing "substantial" in its place;
in Article 7, paragraph (f), by deleting "Article XVIII" and placing in its place "Article XVI"; and deleting ", Article 20 of the Operating Agreement and the Annex thereto"
in item 7, paragraph (g), deleting "arrive" and placing "arrive" instead;
in Article 7, paragraph (h), by deleting "Article XVIII" and placing in its place "Article XVI"; and deleting ", Article 20 of the Operating Agreement and the Annex thereto"
in Article 7, paragraph (k), by deleting "and all Signatories";
in Article 9, by completely deleting the paragraph (a); deleting the number "b)"; and deleting "Any Other Party, Any Signatory, or Intelsat" and placing "Any Party that is not litigant in a case, or the ITSO";
in Article 11, deleting "Each Party, Each Signatory, and Intelsat," and placing "Each Party and the ITSO" instead;
in Article 12, placing a comma after "procedure"; deleting "any interim measures" and placing "any interim measure" instead; and deleting by placing "protects" instead;
in Article 13, paragraph (a) (i), deleting "and the Operating Agreement," and placing a semicolon in place;
in Article 13, paragraph (a) (ii), by deleting "right" and placing "Right" in its place;
in article 13, in the first sentence of the paragraph (b), deleting "article" and placing in its place "Article"; and suppressing "will be fulfilled" and placing in its place "will be fulfilled";
in Article 13, in the second sentence of paragraph (b), deleting "Intelsat" and placing "the ITSO" in its place both times; deleting "and by the Operating Agreement"; deleting "the same" and placing "the same"; and deleting " and all Signatories ";
in Article 13, paragraph (c), deleting "have" and placing "there" in its place;
in Article 14, adding "the" just before "particular circumstances"; deleting the two "Intelsat" the two times it appears and placing "the ITSO" instead; and deleting "for the purposes of Article 8 of the Operating Agreement".
ANNEX D
Annex D. shall be deleted in full
I CERTIFY THAT the foregoing is a true copy of the amendments of the Agreement Relating to the International Telecommunications Satellite Organization "Intelsat," approved by the Twenty-fourth Assembly of Parties at Washington, November 13-17, 2000, in the English, French and Spanish languages.
IN TESTIMONY WHEREOF, I, COLIN L. POWELL, Secretary of State of the United States of America, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at the city of Washington, in the District of Columbia, this twenty-sixth day of April, 2001.
Secretary of State,
(Unreadable Signature).
Authentication Officer Department of State
By, Unreadable Signature.
AMENDMENT TO THE OPERATING AGREEMENT
The only amendment corresponds to Article 23 (Entry into force) of the Operating Agreement; the rest of the provisions remain the same:
Entry into effect
ARTICLE 23
(a) This Operating 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 XVIII of the Agreement, for the Party concerned.
(b) This Operating Agreement shall be provisionally applied for a Signatory on the date on which the Agreement is provisionally applied, in accordance with paragraphs (c) and (d) of Article XVIII of the Agreement, to the Party concerned.
(c) This Operating Agreement shall be extinguished either when the Agreement becomes effective or when the amendments to the Agreement that delete the references to the Operational Agreement are in effect; the two possibilities, whichever is the first. "
EXECUTIVE BRANCH OF PUBLIC POWER
Presidency of the Republic
Bogotá, D. C., July 12, 2001
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Deputy Minister of America and Territorial Sovereignty in charge of the functions of the Office of the Minister of Foreign Affairs,
(FDO.) LENIENCY FORERO UCROS.
DECRETA:
ARTICLE 1o. Approve the amendments to the Agreement concerning the International Telecommunications Organization by Satellite "Intelsat", made in Washington on August 20, 1971, and the amendment to the Operational Agreement, made in Washington on 20 August 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the amendments to the Agreement on the International Organization of Telecommunications by Satellite "Intelsat", made in Washington on 20 July, of August 1971, and the amendment to the Operational Agreement, made in Washington on 20 August 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories 9 and 10 November 2000, held in Washington, D. C., United States of America, which by the Article 1 of this Law shall be adopted, shall oblige the country from the date on which the international link with respect to them is perfected.
ARTICLE 3o. This law governs from the date of its publication.
Dada Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the undersigned Minister of Foreign Relations and Minister of Communications.
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Communications,
ANGELA MONTOYA HOLGUIN.
EXPLANATORY STATEMENT
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with the provisions of Articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of the Republic of Colombia, we have the honor to submit to your consideration the bill through which the amendments to the Agreement on the International Telecommunications Organization by Satellite "Intelsat", made in Washington on 20 of August 1971, and the amendment to the Operational Agreement, made in Washington on 20 August 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories 9 and 10 November 2000, held in Washington, D. C., United States of America.
The International Satellite Telecommunications Organization, "Intelsat," was launched in 1964, when it was created as an intergovernmental cooperative based in Washington, under a Provisional Agreement that was definitively adopted in 1971.
"Intelsat" aims at the exploitation and marketing of the satellite system of its property, which is used as a means of transmission to provide telecommunications services to all countries of the world. The mission of "Intelsat" is inspired by the fundamental principles of universal service and non-discriminatory tariffs. These policies made "Intelsat" the largest provider of satellite voice, data and video services and, the world's largest satellite system.
The Interim Agreement adopted by the Organization definitively in 1971, under the name of the Agreement and the "Intelsat" Operating Agreement, was incorporated into Colombian law by Law 54 of 1973.
Entities authorized by a State Party to sign the Operating Agreement are referred to as Signatories and are the main customers and shareholders of "Intelsat".
Each member nation has a minimum investment participation of 0.05% (approximately US$ 1 million) and non-member users pay only charges for the use of space segment. Colombia is a State Party of the Organization, and the National Telecom Telecom Company is the Signatory, with a participation of 1.5% on the total investment.
I. To the Intelsat Agreement and Operating Agreement
(a) Agreement on the International Organisation of Telecommunications by Satellite "Intelsat" called the Agreement
It is a Treaty of International Law that establishes the structure, objectives and functioning of the Organization, defines the scope of its activities, the financial principles, the structure and functioning of each of the organs of Intelsat. It also regulates the form of acquisitions required for the development of the Organization's activities, rights and obligations of the members, withdrawal of them, amendments, solution of disputes and requirements for the entry into force of the instrument.
(b) The Operational Agreement for the International Organisation of Telecommunications by Satellite "Intelsat", referred to as the Operational Agreement
It is a complementary instrument of the Agreement, which establishes the rights and obligations of the Signatories, the transfer of these rights, the financial contributions thereof, capital cap, investment interests, adjustments financial, usage and income charges, transfers of funds, responsibilities and dispute settlement among others. It could be said that it regulates participation from the financial point of view of the Signatories in the Organization.
c) Amendments to the Agreement and the Operating Agreement
The amendments to the Agreement adopted at the 20th Meeting of the Assembly of the Parties held in Copenhagen in 1995 and the Operational Agreement approved at the Twenty-sixth Meeting of Signatories of Singapore in April 1995, were approved by the honorable Congress of the Republic by Law 544 of December 29, 1999, and ratified by the Constitutional Court by Judgment C-1138-00 of October 2000.
II. From the restructuring of Intelsat
The economic viability of Intelsat in the long run was compromised by the strong competition of private companies that use very flexible market strategies, have access to customers directly and have capacity management to introduce new technologies and services very quickly. These advantages were not available to Intelsat, because in its status as an intergovernmental agency its tariff scheme was very rigid and prevented it from granting special conditions for each customer, according to its volume, service or payment method. It was also required to market its services exclusively through the Signatory and its management system was subject to slow procedures that prevented it from reacting at the speed required by the current market circumstances.
On the other hand, its intergovernmental nature granted privileges that are questionable within a framework of competition, such as access to markets and preferential tax treatment.
In addition, the direct relationship between the use of satellite capacity and investment had become a limiting factor that prevented new investment from being linked and made it more difficult to develop new projects, especially the Ka-band projects, which represented the future of the business.
The 22nd Session of the Assembly of the Parties, in order to ensure the viability of "Intelsat" in the long term and provide it with tools to meet its objectives in the current competition environment, approved the first plan for to privatise the organisation and set out the principles to be safeguarded in the restructuring process, namely:
-Maintain global connectivity and global coverage.
-Continue to care for dependent users and vital connections.
-Offer non-discriminatory access.
It also set conditions for the private entity to settle:
-To be an international holding company subject to the private, publicly traded, non-privileges or immunities regime.
-Have the ability to enter contracts with new distributors.
The existence of a short-term, residual intergovernmental organization is the only way to ensure the implementation of fundamental principles.
III. About the new structure of Intelsat
The Vigimaquinta Meeting of the Assembly of the Parties of the International Telecommunications Organization by Satellite, Intelsat, held in Washington city from 13 to 17 November 2000, decided to proceed to a restructuring and the privatisation of this entity, establishing a private company entrusted with the provision of the service, supervised by an intergovernmental organisation.
Therefore, the Intelsat space segment will be supplied by a Company, on a commercial basis to ensure its quality and reliability, being overseen by an intergovernmental organization to ensure that this Society meets uninterruptedly the Fundamental Principles.
orbital locations and frequency assignments in coordination or registered on behalf of the Parties shall be retained by the Parties, in accordance with the provisions of the ITU Radio Regulations, until the Administrations delegated as Notificants have notified the Depositary that they approved, accepted or ratified this Agreement.
The Depositary of the Agreement shall be the Government of the United States of America, to whom declarations and other instruments shall be deposited.
The International Telecommunication Organization by Satellite-ITSO, as the Intergovernmental Body is called, and its assets shall be exempt in any State Party to this Agreement, from any national income tax and from all National direct tax on goods.
IV. Of the amendments
The Agreement was amended to constitute two bodies, a Society in charge of commercially exploiting the satellite network and an intergovernmental organization to monitor compliance with the Organization's Fundamental Principles. Satellite.
The amended Agreement removes everything related to the Signatories and the structure of Intelsat, as an operating government entity of the satellite system, changing it by the ITSO, which is a residual intergovernmental body with very strong functions. limited, aimed only at monitoring compliance with the Fundamental Principles, i.e. ensuring the provision of the public service.
The Operating Agreement was amended only in its Article 23, Entry into Force, in connection with the options for the termination of the Operating Agreement.
V. Justification
At the current juncture of the telecommunications sector, characterized by strong competition, it is imperative that telecommunications service companies adjust to this new competitiveness scheme, in which organizations Inter-governmental organizations such as "Intelsat" have limited room for manoeuvre, which can result in their exit from the market in the long term. In addition, a company with special access privileges to markets such as those acquired by Intelsat at the time of its creation, does not currently have a place within the framework of the WTO Agreement.
It is necessary to stress that these amendments mean the transformation of "Intelsat" into a private entity, intended to be done with the ratification of the amendments to the fundamental instruments of "Intelsat".
The incorporation into our legal order of the instrument incorporating the amendments to the Agreement concerning the International Telecommunications Organization by Satellite "Intelsat" and the amendment to the Operating Agreement allows participation active in the country in all the events called by it and which will mark the future development of that organization.
Given the above, we very respectfully allow ourselves to present to the honorable Congress of the Republic the bill to incorporate into the Colombian legislation the amendments to the Agreement concerning the Organization International Telecommunication by Satellite "Intelsat", made in Washington on August 20, 1971, and the amendment to the Operating Agreement, made in Washington on August 20, 1971, approved by the Twenty-fifth Assembly of the 13 on 17 November 2000 and the first meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America.
Of the honorable Senators and Representatives,
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Communications,
ANGELA MONTOYA HOLGUIN.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 12, 2001.
Approved. Submit to the consideration of the honorable National Congress for constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Deputy Minister of the Americas and Territorial Sovereignty in charge of the office of the Minister of Foreign Affairs,
(FDO.) LENIENCY FORERO UCROS.
DECRETA:
ARTICLE 1o. Approve the "Amendments to the International Telecommunications Organization by Satellite" Intelsat Agreement " made in Washington, on August 20, 1971 and the Amendment to the Operating Agreement, made in Washington on 20 August 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America. '
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the
"Amendments to the Agreement on the International Organization of Telecommunications by Satellite" Intelsat " made in Washington, on August 20, 1971 and the Amendment to the Operating Agreement, made in Washington on August 20, 1971, approved by the Twenty-Fifth Assembly of the Parties held from 13 to 17 November 2000 and the Twentieth First Meeting of Signatories held on 9 and 10 November 2000, held in Washington, D. C., United States of America, as referred to in Article 1 of This law shall be adopted, shall be binding on the country from the date on which the international vincc is perfected with respect to the same.
ARTICLE 3o. This law applies from the date of its puplication.
The President of the honorable Senate of the Republic,
LUIS ALFREDO RAMOS BOTERO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
WILLIAM VELEZ MESA.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA REPUBLIC-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 10 July 2003.
ALVARO URIBE VELEZ
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
FORWARD LENIENCY.
The Minister of Communications,
MARTHA ELENA PINTO DE DE HART.
