Key Benefits:
Original text
(Status on 4 December 2014)
The States Parties to this Convention,
Taking into account the principle stated in United Nations General Assembly resolution 1721 (XVI) that the nations of the world should be able to communicate as soon as possible using satellites on a global and non-discriminatory basis,
Having regard to the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, concluded on January 27, 1967 3 , in particular article 1, which affirms that outer space is to be used for the good and for the benefit of all countries,
Resolved to this end, to continue to provide for the benefit of the telecommunications users of all countries, using the most advanced and appropriate space-based telecommunications technology, the most effective and efficient means Economic in all measures compatible with the most efficient and equitable use of radio frequency spectrum and satellite orbits,
Recognizing that the International Mobile Satellite Organization has, in accordance with its original purpose, created a global system of mobile satellite communications for maritime communications, including means Enabling distress and safety communications, as specified in the 1974 International Convention 4 For the protection of human life at sea, with its amendments, and in the Radio Regulations 5 As stipulated in the Constitution 6 And the International Telecommunication Union Convention 7 , with its modifications, as meeting certain radio requirements of the Global Maritime Distress and Safety System (GMDSS);
Recalling that the Organization had expanded its original objective by establishing ground-based aeronautical and mobile communications, as well as aeronautical communications by satellites for air traffic management and control Aircraft operational (aeronautical safety services), and that it also provides radio-tracking services;
Recognizing that the increase in competition in the market for mobile satellite communications services has made it necessary for Inmarsat's satellite system to operate through the Corporation as defined in s. 1 in order to remain commercially viable and thus ensure, as a basic principle, the continuity of maritime distress and safety satellite communications services for the Global Maritime Distress and Safety System (SMDSM);
Having the intention that the Company observe certain other basic principles, in particular not to discriminate on the basis of nationality, to carry out activities geared exclusively towards peaceful purposes, to aim to serve All regions where there is a need for mobile satellite communications and ensure the principle of fair competition;
Noting that the Corporation will operate in accordance with sound financial and economic principles, taking into account generally accepted business principles;
Affirming that intergovernmental oversight is necessary to ensure that the Corporation fulfils the obligations of service providers for the Global Maritime Distress and Safety System (GMDSS) and respects the other basic principles;
Agreed to the following:
For the purposes of this Convention:
The International Mobile Satellite Organization, hereinafter referred to as "the Organization", is hereby established.
The objective of the Organization is to ensure that the basic principles set out in this article are respected by the Corporation, including:
(1) The Organization shall, with the approval of the Assembly, implement a Public Service Agreement with the Corporation and enter into any other necessary agreement to enable the Organization to monitor and enforce the principles of the Society Base referred to in s. 3, and to implement any other provision of this Convention.
(2) Any Party in whose territory the registered office of the Company is located shall take all appropriate measures in accordance with its national law, necessary to enable the Company to continue to provide GMDSS services, and to respect the Other basic principles referred to in s. 3.
The Organization shall comprise the following bodies:
(1) The Assembly shall be composed of all Parties.
(2) The Assembly shall meet every two years in ordinary session. Extraordinary sessions shall be convened at the request of one third of the Parties or at the request of the Director, or in accordance with the provisions contained in the rules of procedure of the Assembly.
(3) All Parties shall be entitled to attend and participate in Assembly meetings regardless of where they are held. The provisions adopted with the host country must be compatible with these obligations.
(1) Each Party shall have one vote in the Assembly.
(2) A decision on matters of substance shall be taken by a two-thirds majority and any decision on procedural matters shall be taken by a simple majority of the Parties present and voting. Parties abstaining during the vote shall be considered non-voting.
(3) Any decision on whether a particular matter is a matter of procedure or of substance shall be taken by the President. This decision may be annulled by a vote by a two-thirds majority of the Parties present and voting.
(4) A quorum for any meeting of the Assembly shall be the majority of the Parties.
The Assembly has the following functions:
(1) The term of office of the Director shall be four years, or any other period as decided by the Assembly.
(2) The Director shall be the legal representative of the Organization and the Head of the Secretariat and shall be responsible to the Assembly and shall act under the authority of the Assembly.
(3) The Director shall, on the basis of the advice and instructions of the Assembly, determine the structure, staff and normal conditions of employment of officials and employees, consultants and other advisers of the Secretariat, and shall appoint the staff Secretariat.
(4) In the appointment of the Director and other staff members of the Secretariat, it is the need to ensure the highest degree of integrity, competence and efficiency which prevails over other considerations.
(5) The Organization shall conclude, with any Party on whose territory the Organization establishes its Secretariat, an agreement to be approved by the Assembly concerning all the facilities, privileges and immunities of the Organization, of its Director and other officials, and representatives of the Parties where the latter are located in the territory of the host country, for the purpose of carrying out their duties. This agreement shall terminate if the Secretariat leaves the territory of the host country.
(6) All Parties other than those having entered into an agreement in accordance with paragraph 1. 5 conclude a Protocol on the Privileges and Immunities of the Organization, its Director, its staff, experts performing missions for the Organization and representatives of the Parties while they are in the territory of the Parties for the purpose of performing their duties. This Protocol shall be independent of this Convention and shall stipulate the conditions under which it ceases to have effect.
(1) The Organization shall, in the Public Service Agreement, arrange for the costs of the following costs to be borne by the Corporation:
(2) Each Party shall meet its own costs of representation at meetings of the Assembly.
A Party is not, as such, liable for the acts and obligations of the Organization or the Corporation, except in respect of non-Parties or natural or legal persons that it may represent, and only in the Extent to which such liability may arise from treaties in force between the Party and the non-Party concerned. However, the foregoing provisions shall not prohibit a Party which is obliged under such a treaty to indemnify a non-Party or a natural or legal person, to invoke the rights that may arise from that treaty. Any other Party.
The Organization shall have legal personality. For the purpose of carrying out its functions, it is entitled, in particular, to enter into contracts, acquire, lease, hold and dispose of movable and immovable property, as well as to institute legal proceedings and enter into agreements with States or International organizations.
The Organization collaborates with the United Nations, its bodies dealing with the peaceful uses of outer space and ocean areas, and its specialized agencies, as well as with other organizations On issues of common interest.
Any Party may, by written notification addressed to the Depositary, withdraw voluntarily from the Organization at any time, taking effect as soon as the depositary has received such notification.
Any dispute between Parties, or between Parties and the Organization, with respect to any matter arising out of this Convention shall be settled by negotiation between the Parties concerned. If, within one year, from the date on which any of the Parties requested a settlement, the settlement did not take place, and the Parties to the dispute did not agree to either:
(1) This Convention shall remain open for signature in London until its entry into force and shall remain open for accession. All States may become Parties to this Convention by:
(2) Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.
(3) No reservation may be made to this Convention.
(1) This Convention shall enter into force sixty days after the date on which States representing 95 % of the initial investment shares have become Parties to the Convention.
(2) Notwithstanding the provisions of s. (1), if this Convention has not entered into force within thirty-six months after the date on which it was opened for signature, it shall not enter into force.
(3) For a State which has deposited an instrument of ratification, acceptance, approval or accession to this Convention after the date of its entry into force, the ratification, acceptance, approval or accession shall take effect on The date of deposit of the instrument.
(1) Amendments to this Convention may be proposed by any Party, and shall be circulated by the Director to all other Parties and to the Corporation. The Assembly shall consider the amendment only after a period of six months, taking into account any recommendation made by the Company. In a particular case, the Assembly may, by way of a decision on the merits, reduce that period by not more than three months.
(2) If adopted by the Assembly, the amendment shall enter into force one hundred and twenty days after receipt by the Depositary of the notifications of acceptance of this amendment by two thirds of the States which on the date of its adoption by the amendment becomes Mandatory for those Parties that have accepted it. For any other State Party at the time of adoption of the amendment by the Assembly, the amendment shall be binding on the day on which the depositary receives its notification of acceptance.
(1) The Secretary-General of the International Maritime Organization shall be the Depositary of this Convention.
(2) The depositary shall, as soon as possible, inform all Parties:
(3) Upon the entry into force of an amendment to the Convention, the Depositary shall transmit a certified copy thereof to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Art. 102 of the United Nations Charter 1 .
In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Convention.
Done at London this September three thousand nine hundred and seventy-six in the English, Spanish, French and Russian languages, all texts being equally authentic, in a single copy which is deposited with the Depositary who sends a certified copy thereof In accordance with the Government of each of the States which have been invited to participate in the International Conference on the Establishment of an International Maritime Satellite System and the Government of any other State that signs or accedes to the Convention.
(Suivent signatures)
Disputes that may be resolved pursuant to s. 15 of the Convention shall be submitted to a three-member arbitral tribunal.
Any applicant or group of applicants who wish to submit a dispute to arbitration shall address to each defendant and to the Secretariat a file containing:
The Secretariat shall promptly distribute a copy of the file to each of the Parties.
(1) Within 60 days after the day on which the copies of the record referred to in s. 2 by all the defendants, they collectively appoint a person to sit in the court. Within that same period, the defendants may, jointly or individually, provide each party and the Secretariat with a document containing their individual or collective response to the submissions referred to in s. 2, and including any counterclaim arising out of the subject matter of the dispute.
(2) Within 30 days after their appointment, the two members of the court shall agree to choose a third arbitrator. The latter does not have the same nationality as a party to the dispute, does not reside in the territory of one of the parties and is not at the service of any of them.
(3) If either party fails to appoint an arbitrator within the prescribed time limit or if the third arbitrator is not appointed within the prescribed time limit, the President of the International Court of Justice or, if he is prevented from doing so, or has the same nationality as a Party to the dispute, the Vice-Chairperson or, if it is prevented or has the same nationality as a party, the oldest judge who does not have the same nationality as any of the parties to the dispute may, on the request of either party, Appoint an arbitrator or arbitrators, as appropriate.
(4) The third arbitrator shall serve as the presiding arbitrator.
(5) The Tribunal shall be established upon the appointment of its Chairperson.
(1) Where a vacancy occurs in the court for reasons that the President or the members of the court who remain in office consider themselves to be independent of the will of the parties or compatible with the proper conduct of the arbitration proceedings, The vacancy shall be filled in accordance with the following provisions:
(2) If a vacancy occurs in the court for any other reason or if it is not filled with a seat that has become vacant under the conditions set out in s. 1), the members of the court remaining in office may, at the request of one of the parties, continue the proceedings and decide.
(1) The court shall decide on the date and place of its meetings.
(2) The proceedings shall be held in camera and all documents and documents submitted to the court shall be confidential. However, the Organization may attend the proceedings and may have disclosed all documents and exhibits submitted. Where the Organization is a party to the proceedings, all Parties may attend and disclose all documents and exhibits submitted.
(3) In the event of disagreement over the jurisdiction of the court, the court shall consider this matter as a matter of priority.
(4) The proceedings shall be in writing and each party shall be entitled to submit written evidence in support of its argument in fact and in law. However, if the court considers it appropriate, arguments may be presented orally and witnesses heard.
(5) The proceedings shall commence with the submission of the submission of the applicant's submission, which contains his arguments, the facts relating thereto with supporting evidence and the legal principles relied on. The applicant's brief is followed by the respondent's Counter-Memorial. The requesting party may submit a reply to the respondent's Counter-Memorial, which may present a counter-reply. Additional pleadings are presented only if the court considers it necessary.
(6) The court shall know of the counterclaims arising directly from the subject-matter of the dispute and shall rule on such applications, if they fall within its jurisdiction as defined in Art. 15 of the Convention.
(7) If, in the course of the proceedings, the parties reach an agreement, the court shall record the agreement in the form of a decision rendered with the consent of the parties.
(8) At any point in the proceedings, the court may terminate the proceedings if it determines that the disputes exceed the limits of its jurisdiction as defined in s. 15 of the Convention.
(9) The deliberations of the court shall be secret.
(10) The decisions of the Court shall be rendered and reasoned in writing. They must be approved by at least two members of the court. A member who disagrees with the decision may present his or her opinion in writing separately.
(11) The court shall communicate its decision to the Secretariat, which shall make it known to all Parties.
(12) The court may adopt the additional rules of procedure necessary for the conduct of the arbitration; these rules shall be compatible with those laid down in this Annex.
If a party does not act, the other party may ask the court to rule on the basis of the brief submitted by the party. Before deciding, the court shall ensure that the case falls within its jurisdiction and that it is founded in fact and in law.
Any Party or the Organization may apply to the court for leave to intervene and to become a party to the dispute. The Court shall grant the application if it establishes that the applicant has a fundamental interest in the case.
The court may appoint experts to assist it, at the request of a party to the dispute or on its own initiative.
Each Party and the Organization shall provide all information that the court, at the request of a party to the dispute or on its own initiative, deems necessary for the conduct of the proceedings and the settlement of the dispute.
Pending a decision, the court may indicate any provisional measures it deems necessary to safeguard the respective rights of the parties to the dispute.
(1) The decision of the court, taken in accordance with international law, shall be based on:
(2) The decision of the court, including any amicable settlement between the parties to the dispute under s. 7 of Art. 5, is binding on all parties who must abide by it in good faith. Where the Organization is a party to a dispute and the court finds that a decision taken by any of the organs of the Organization is null and void because it is not authorized by the Convention, or because it is not In accordance with the latter, the court decision is binding on all Parties.
(3) If a disagreement arises as to the meaning or scope of the decision, the court that made the decision shall interpret it at the request of any party to the dispute.
Unless the court decides otherwise because of special circumstances in the case, the costs of the court, including the remuneration of its members, shall be apportioned equally on both sides. Where there is more than one plaintiff or more than one defendant, the court shall divide the costs of the plaintiff or defendant. Where the Organization is a party to a dispute, the costs of such arbitration shall be regarded as an administrative expenditure of the Organization.
Signatories to this Operational Agreement,
Considering that the States Parties to the Convention establishing the International Maritime Satellite Communications Organization (INMARSAT) undertake in this Convention to sign this Operating Agreement or to designate a Competent body to sign it,
Have agreed as follows:
(1) For the purposes of this Agreement:
(2) The definitions in Article 1 of the Convention shall apply to this Agreement.
(1) Each Signatory shall acquire the rights granted to Signatories by the Convention and by this Agreement and shall undertake to fulfil its obligations under these two instruments.
(2) Each Signatory shall act in accordance with all the provisions of the Convention and this Agreement.
(1) Each Signatory shall contribute to the capital requirements of the Organization in proportion to its share of investment and shall receive the reimbursement and remuneration of capital under the conditions laid down by the Council in accordance with the provisions of the Convention and this Agreement.
2) Included in capital requirements are:
(3) An interest calculated at a rate fixed by the Council shall be added to any amount that has not been settled by the deadline set by the Council.
(4) If the total amount of the contributions to the capital that the Signatories are required to pay in any financial year exceeds 50 % of the limit laid down pursuant to Art. IV during the period preceding the first determination of the investment shares based on the use of the space sector of INMARSAT in accordance with the provisions of Art. V, the Council envisages the adoption of other measures, including the use of provisional overdrafts, to enable the Signatories wishing to scale the payment of additional contributions over the following years. The Council shall determine the interest rate applicable in such cases, taking into account the additional costs incurred by the Organization.
The total net contributions of the Signatories to the capital and outstanding capital commitments of the Organization are subject to a limit. It shall be equal to the aggregate amount of capital contributions paid by Signatories pursuant to Article III, shall be reduced by the cumulative amount of capital reimbursed to them under this Agreement and shall increase in the amount of outstanding commitments Organization's capital contract. The initial limit is set at US$ 200 million. The Council has the power to readjust the limit.
1) The investment shares of the Signatories are determined on the basis of the use of the space sector of INMARSAT. Each Signatory has an investment share equal to its percentage of the total use of the INMARSAT space sector by all Signatories. The use of the space sector of INMARSAT is measured by the fees charged by the Organization for the use of the space sector of INMARSAT in accordance with Art. 19 of the Convention and art. VIII of this Agreement.
(2) For the purpose of determining the investment shares, the use in both directions shall be divided into two equal parts, one corresponding to the mobile earth station and one corresponding to the territory. The Party designated by the Party exercising its authority over the ship or aircraft shall be assigned the share corresponding to the ship or aircraft or to the land mobile earth station from which the traffic originates or to which it is carried out. Land mobile earth station. The part corresponding to the territory of the country from which the traffic originates or to which it is made shall be assigned to the Signatory designated by the Party corresponding to the territory whose traffic originates or is to which it is carried. However, where, for a given Signatory, the ratio between the units corresponding to the mobile earth station and the units corresponding to the territory is greater than 20:1, that Signatory shall be assigned, after making the request to the Council, A use equivalent to twice the corresponding share of the territory or an investment share of 0.1 per cent, whichever is higher. For the purposes of this paragraph, vessels shall be considered to be vessels operating in the marine environment for which the Council has authorized access to the space sector of INMARSAT.
(3) Before determining the investment shares on the basis of use in accordance with paras. 1), (2) and (4), the investment share of each Signatory shall be established in accordance with the Annex to this Agreement.
(4) The first determination of the investment shares based on the use of the INMARSAT space sector in accordance with subs. 1) and 2) shall take place at least two years after the entry into operational service of the INMARSAT space sector in the Atlantic, Pacific and Indian Ocean areas, the exact date of the determination to be determined by the Council. For the purposes of this first determination, the use is measured over a period of one year prior to the first determination of the investment shares.
(5) After the first determination of the investment shares on the basis of use, the investment shares shall be determined again to take effect:
(6) The investment share of a Signatory that becomes Signatory after the first determination of the investment shares on the basis of use shall be determined by the Council.
(7) To the extent that an investment share is determined in accordance with paras. (b) or (c) of s. 5), or para. 8), the investment shares of all other Signatories are adjusted in the proportion that their respective investment shares had before the readjustment. In the case of a voluntary or compulsory withdrawal of a Signatory, the investment shares of 0.05 % fixed in accordance with the provisions of par. 8) are not increased.
(8) Notwithstanding any provision of this Article, no Signatory shall have an investment share of less than 0.05 % of the total investment shares.
(9) In any new determination of investment shares, the share of a Signatory shall not be increased by more than 50 per cent of its original value, nor shall it be reduced by more than 50 per cent of its current value.
(10) After application of s. 2) and 9), the unallocated investment shares of this fact are released and distributed by the Council between Signatories wishing to increase their investment shares. This additional allocation must not increase the current investment share of a Signatory by more than 50 %.
11) After application of s. 10), the remaining unallocated investment shares shall be allocated to the Signatories in proportion to the investment shares which should have been returned to them as a result of any further determination, subject to the provisions of subs. 8) and 9).
(12) At the request of a Signatory, the Board may allocate a reduced share of investment to the Signatory in accordance with the terms of s. (1) to (7) and (9) to (11) if other Signatories offset this reduction in full by voluntarily accepting an increase in their investment shares. The Commission adopts the procedures to be followed to equitably distribute the paid-up shares or shares between the Signatories wishing to increase their investment shares.
(1) In each determination of the investment shares subsequent to the initial determination made at the entry into force of this Agreement, financial adjustments shall be made between the Signatories, through The Organization, on the basis of an assessment made in accordance with paragraph 1. 2). The amount of the said financial adjustments, for each Signatory, shall be determined by applying to the said valuation the difference, if any, between the new investment share of each Signatory and its share of investment prior to This determination.
(2) The said assessment shall be made as follows:
(3) Payments due by Signatories or Signatories in accordance with this Article shall be made no later than the date fixed by the Council. An interest calculated at a rate set by the Commission shall be added after that date to any outstanding amount.
(1) User charges laid down pursuant to Art. 19 of the Convention shall be payable by Signatories or authorized telecommunications bodies in accordance with the arrangements adopted by the Council. These modalities follow as closely as possible the accepted accounting methods for international telecommunications.
(2) Unless the Council decides otherwise, the Signatories and the authorized telecommunications bodies shall be responsible for providing information to the Organization to enable it to determine the total use of the space sector Of INMARSAT and determine the investment shares. The Council shall adopt the procedure to be followed to submit this information to the Organization.
(3) The Council shall take appropriate action in the event that the payment of user fees is four months late or more than the due date.
(4) An interest calculated at a rate fixed by the Council shall be added to any amount that has not been settled by the deadline set by the Council.
(1) Unless the Council decides otherwise, the income of the Organization shall normally be assigned, to the extent that the receipts permit, in the following order of priority:
(2) In determining the rate of remuneration of the capital of the Signatories, the Council shall constitute a provision for the risks relating to investments made in INMARSAT and, taking into account this provision, set a rate as close as Possible to rent money on world markets.
(3) To the extent that the revenues of the Organization would not be sufficient to cover the costs of operations, maintenance and administration of the Organization, the Council may decide to fill the deficit by using the Working Capital Fund. The Organisation, by concluding agreements on overdrafts, by contracting loans or by requiring Signatories to make contributions to capital, in proportion to their respective investment shares; these measures may be cumulative.
(1) The settling of accounts between the Signatories and the Organization, in respect of financial transactions under art. III, VI, VII and VIII, should be such as to maintain as low as possible the transfer of funds between the Signatories and the Organization as well as the funds available to the Organization in addition to the working capital deemed necessary By the Council.
(2) All payments between the Signatories and the Organization under this Agreement shall be made in any freely convertible currency accepted by the creditor.
(1) In order to deal with liquidity shortages, pending the return of sufficient income or capital contributions, the Organisation may, by decision of the Council, conclude agreements on overdrafts.
(2) In exceptional circumstances and in order to finance any activity undertaken by it in accordance with Art. 3 of the Convention or in order to deal with any liability incurred by it, the Organization may borrow on a decision of the Council. The outstanding borrowings are considered to be a capital contractual commitment for the purposes of s. IV.
(1) If the Organization is required, by virtue of a final judgment rendered by a competent tribunal or a compromise adopted or approved by the Council, to pay compensation, costs and costs included, as a result of an act committed or an obligation incurred By the Organization pursuant to the Convention or this Agreement, the Signatories shall pay to the Organization, to the extent that its amount cannot be settled either by means of compensation or in accordance with an insurance contract, or Other financial provisions, the unsettled portion of the allowance in proportion to their shares Investment on the date on which the liability arose, notwithstanding any limitation of the capital provided for in s. IV or established pursuant to this Article.
(2) If a Signatory, as such, is required by a final judgment rendered by a competent court or a compromise adopted or approved by the Board to pay compensation, costs and expenses, by reason of an act committed or Obligation incurred by the Organization in accordance with the Convention or this Agreement, the Organization shall reimburse the Signatory for the amount of compensation paid by the Organization.
(3) If such a request for compensation is made to a Signatory, the Signatory shall, for the purposes of reimbursement by the Organization, inform the Organization without delay and be able to provide an opinion on the defence or any other means Settle the case either to ensure that defence or settlement and, within the limits permitted by the law of the court with which the action is brought, to intervene or to substitute itself for the Signatory.
(4) If the Organization is required to reimburse a Signatory under this Article, the Signatories shall, to the extent that the reimbursement cannot be paid either by way of compensation or in accordance with an insurance contract, or Other financial provisions, to pay to the Organisation the unsettled part of the amount claimed in proportion to their investment shares on the date on which the liability arose, notwithstanding any limitation of the capital provided for in Art. IV or established pursuant to this Article.
The Organization, any Signatory as such and, when acting in the performance of their duties, any official or employee of one of them, any member of the board of any of the Signatories and any representative to the Of the various organs of the Organization shall not be liable to any Signatory or the Organization for any loss or damage resulting from any interruption, delay or malfunction of the telecommunications services provided Or to be provided in accordance with the Convention or this Agreement.
(1) Within three months after the effective date of the voluntary or compulsory withdrawal of a Signatory of the Organization under Art. 29 and 30 of the Convention, the Council shall inform the Signatory of its assessment of its financial position vis-à-vis the Organization on the date on which the voluntary or compulsory withdrawal takes effect and the terms and conditions proposed for the Regulation as set out in s. 3). The notification shall include a statement:
(2) In assessing the amounts referred to in s. 1), the Council may decide to release fully or partially the Signatory of its obligation to pay its share of the capital contributions necessary to meet the specific contractual commitments and responsibilities Arising from acts or omissions committed prior to the receipt of the notification of the withdrawal decision or, as the case may be, before the date on which the compulsory withdrawal takes effect.
(3) Subject to the payment by the Signatory of any amount that it owes under paras. (b) and (c) of s. 1), the Organization shall, in accordance with art. VIII, reimburse the Signatory for the amounts referred to in paras. (a) and (b) of s. 1), within a period of the same order as those in which the other Signatories are reimbursed for their contributions to capital or within shorter time limits if the Council so decides. The Commission shall determine the rate of interest to be paid to the Signatory or the Signatory in respect of any amount that may remain due at any time.
(4) Unless the Council decides otherwise, a Regulation concluded under the provisions of this Article shall not relieve the Signatory of its obligation to pay its share of the capital contributions necessary to meet the requirements of the Non-contractual responsibilities arising from acts or omissions of the Organization preceding the receipt of the notification of the withdrawal decision or, as the case may be, the date on which the compulsory withdrawal takes effect.
(5) The Signatory shall not lose any of the rights which it has acquired as such, that notwithstanding its voluntary or compulsory withdrawal it shall retain after the effective date of the withdrawal and for which it has not received any compensation under the Regulation Concluded under this Article.
(1) In order to be able to use the space sector of INMARSAT, all earth stations shall be approved by the Organization in accordance with the criteria and procedures established by the Council pursuant to para. (c) of s. 15 of the Convention.
(2) Any application for the approval of such a station shall be subject to the Organization by the Signatory designated by the Party in whose territory the earth earth station is or shall be located, or by the Party or Signatory designated by the Party under whose authority the mobile earth station or earth station located on a structure operated in a marine environment obtains its licence or, in the case of stations
Land and mobile earth stations located in a territory, ship, aircraft or earth station on a structure operated in a marine environment that is not under the jurisdiction of a Party, by an organization of Authorized telecommunications.
(3) Each applicant for approval under s. (2) bear in relation to the Organization, in respect of the earth stations for which he has applied, the responsibility to enforce the procedures and standards provided for by the Organization, unless, in the case of Signatory has submitted the application, the Party that has designated it does not accept that responsibility.
(1) Any request for the use of the space sector of INMARSAT shall be submitted to the Organization by a Signatory or, in the case of a territory that is not under the jurisdiction of a Party, by an authorized telecommunications body.
(2) Use shall be authorized by the Organization in accordance with the criteria and procedures established by the Board pursuant to para. (c) of s. 15 of the Convention.
(3) Each Signatory or Telecommunications Organization authorized to use the space sector of INMARSAT shall be required to comply with the terms and conditions laid down by the Organization in respect of that use, unless, in the case where the request has been Submitted by a Signatory, the Party that appointed the Signatory agrees to assume that responsibility for the authorization granted to the benefit of all or some of the earth stations that are not the property of the said Signatory or Are not exploited by him.
(1) Any dispute between the Signatories, or between Signatories and the Organization, relating to the rights and obligations arising out of the Convention or this Agreement, shall be resolved by negotiation between the parties to the dispute. If, within one year from the date on which any of the parties has requested a settlement, the dispute has not been settled, and if the parties to the dispute have not approved another procedure, the dispute shall be submitted to Arbitration in accordance with the Annex to the Convention, on the request of any of the parties to the dispute.
(2) Unless the parties otherwise agree, any dispute involving the Organization and one or more Signatories under agreements which bind them shall be referred to arbitration in accordance with the Annex to the Convention, on the request of One of the parties to the dispute, within one year from the date on which that settlement was requested by any of the parties to the dispute.
(3) Any Signatory who has ceased to be Signatory shall remain bound by this Article in respect of disputes relating to the rights and obligations arising out of the fact that he has been a Signatory of this Agreement.
(1) This Agreement shall enter into force in respect of a Signatory on the date on which the Convention enters into force in respect of the Party concerned, in accordance with Art. 33 of the Convention.
(2) This Agreement shall be terminated in the event that the Convention ceases to be in force, or if amendments to the Convention stipulating the removal of any reference to the Operating Agreement have previously entered into force.
(1) Any Party or Signatory may propose amendments to this Agreement. Draft amendments shall be submitted to the Steering Body, which shall inform the other Parties and other Signatories. Three months' notice must elapse before the Council considers a draft amendment. During this period, the Steering Body requests and publiciates the advice of all Signatories. The Council shall examine the amendments within six months from the date of their release. The Assembly shall examine the draft amendment at least six months after the approval of the Council. In a particular case, the Assembly may reduce that period by a decision taken in accordance with the procedure laid down for matters of substance.
(2) If adopted by the Assembly after having been approved by the Council, the amendment shall enter into force one hundred and twenty days after receipt by the Depositary of the notification of approval of that amendment by two thirds of the Signatories which Date of its adoption by the Assembly, had the quality of Signatories and accounted for at least two-thirds of the total investment shares. Only the Party concerned shall have the right to notify the approval of an amendment to the Depositary. Such notification shall constitute acceptance of the amendment by the Party. When it enters into force, the amendment becomes mandatory for all Signatories, including those who have not accepted it.
(1) The Secretary-General of the International Maritime Organization shall be the Depositary of this Agreement.
(2) The Depositary shall inform, as soon as possible, all States which sign or accede to the Convention and all Signatories:
(3) On the entry into force of this Agreement, the Depositary shall transmit a certified copy thereof to the Secretariat of the United Nations for registration and publication, in accordance with Art. 102 of the United Nations Charter 1 .
In witness whereof, The undersigned, duly authorized, have signed this Agreement.
Done at London this September three thousand nine hundred and seventy-six in the English, Spanish, French and Russian languages, all texts being equally authentic, in a single copy which is deposited with the Depositary who sends a certified copy thereof In accordance with the Government of each of the States which have been invited to participate in the International Conference on the Establishment of an International Maritime Satellite System, to the Government of any other State which signs or joins the Convention Each Signatory.
(Suivent signatures)
(a) The initial investment shares of the signatories designated by the States listed below shall be as follows:
| United States |
17.00 |
|
| United Kingdom |
12.00 |
|
| USSR, Byelorussian SSR and Ukrainian SSR |
11.00 |
|
| Norway |
9.50 |
|
| Japan |
8.45 |
|
| Italy |
4.37 |
|
| Germany, Federal Republic of |
3.50 |
|
| France |
3.50 |
|
| Greece |
3.50 |
|
| Netherlands |
3.50 |
|
| Canada |
3.20 |
|
| Spain |
2.50 |
|
| Sweden |
2.30 |
|
| Denmark |
2.10 |
|
| Australia |
2.00 |
|
| India |
2.00 |
|
| Brazil |
1.50 |
|
| Kuwait |
1.48 |
|
| Poland |
1.48 |
|
| Argentina |
0.75 |
|
| Belgium |
0.75 |
|
| Finland |
0.75 |
|
| German Democratic Republic |
0.74 |
|
| Singapore |
0.62 |
|
| New Zealand |
0.44 |
|
| Bulgaria |
0.33 |
|
| Cuba |
0.33 |
|
| Indonesia |
0.33 |
|
| Iran |
0.33 |
|
| Chile |
0.25 |
|
| Peru |
0.25 |
|
| Switzerland |
0.25 |
|
| Liberia |
0.10 |
|
| Algeria |
0.05 |
|
| Egypt |
0.05 |
|
| Ghana |
0.05 |
|
| Iraq |
0.05 |
|
| United Republic of Cameroon |
0.05 |
|
| Thailand |
0.05 |
|
| Turkey |
0.05 |
|
| Total |
101.45 |
|
(b) Any signatory to the Operational Agreement designated by a State mentioned above may, before the entry into force of the Agreement and the Operating Agreement, accept an initial investment share higher than that referred to in paragraph (a) if:
Interested signatories to the Depositary shall draw up a revised list of initial investment shares and shall communicate it to all the States mentioned in the list of initial investment shares.
(c) The signatory designated by a State which is not mentioned in para. (a), if it signs the Operational Agreement before its entry into force, indicates to the Depositary its initial investment share which corresponds to the relative use of the space sector of INMARSAT which it intends to do. The Depositary shall add the new signatory and its initial investment share to the list of initial investment shares in paragraph (a). The revised list shall be communicated to all States mentioned therein. The original investment share of the new signatory is then submitted to the Council for approval or readjustment. If the Council amends this part, it shall adjust proportionately the initial investment shares of all Signatories and subsequently the investment shares of all Signatories.
(d) Upon entry into force of the Operating Agreement, the investment shares of the Signatories shall be determined by proportionally adjusting the initial investment shares of the Signatories so that the sum of all shares Investment represents 100 %.
(e) The initial investment share of any Signatory not mentioned in par. (a) which signs the Operating Agreement after its entry into force and the initial investment share of any Signatory mentioned in the list of initial investment shares for which the Operating Agreement has not entered into force Effective thirty-six months after being opened for signature shall be determined by the Council and shall be included in a revised list of the initial investment shares of all Signatories.
(f) When a new Party becomes a Member of the Organization or when a Party withdraws from the Organization or its membership is withdrawn, the investment shares of all Signatories shall be determined by readjusting Proportionally the initial investment shares of all Signatories such that the sum of all investment shares represents 100 %.
(g) The investment shares of 0.05 per cent determined in accordance with par. 8) of Art. V of the Operating Agreement are not identified pursuant to s. (c), (d), (e) and (f) of this Annex.
| States Parties |
Ratification Accession (A) Statement of Succession (S) Signature without reservation of ratification (If) |
Entry into force |
||
| South Africa |
3 March |
1994 A |
3 March |
1994 |
| Algeria |
July 15 |
1979 If |
July 16 |
1979 |
| Germany * |
23 October |
1979 |
23 October |
1979 |
| Antigua and Barbuda |
12 October |
2009 A |
12 October |
2009 |
| Saudi Arabia |
5 October |
1983 A |
5 October |
1983 |
| Argentina |
2 October |
1979 A |
2 October |
1979 |
| Australia |
March 16 |
1979 |
July 16 |
1979 |
| Bahamas |
12 May |
1994 A |
12 May |
1994 |
| Bahrain |
8 January |
1986 A |
8 January |
1986 |
| Bangladesh |
September 17 |
1993 A |
September 17 |
1993 |
| Belarus |
March 29 |
1979 |
July 16 |
1979 |
| Belgium |
July 14 |
1979 |
July 16 |
1979 |
| Bosnia and Herzegovina |
April 17 |
1998 A |
April 17 |
1998 |
| Brazil |
10 July |
1979 |
July 16 |
1979 |
| Brunei |
4 October |
1993 A |
4 October |
1993 |
| Bulgaria |
15 June |
1979 |
July 16 |
1979 |
| Cameroon |
23 October |
1990 |
23 October |
1990 |
| Canada |
17 May |
1979 If |
July 16 |
1979 |
| Chile |
26 February |
1981 |
26 February |
1981 |
| China * |
July 13 |
1979 If |
July 16 |
1979 |
| Hong Kong |
17 June |
1997 |
1 Er July |
1997 |
| Cyprus |
8 June |
1992 A |
8 June |
1992 |
| Colombia |
28 October |
1987 A |
28 October |
1987 |
| Comoros |
22 November |
2000 A |
22 November |
2000 |
| Korea (North) |
15 October |
2013 A |
15 October |
2013 |
| Korea (South) |
16 September |
1985 A |
16 September |
1985 |
| Costa Rica |
5 June |
1995 A |
5 June |
1995 |
| Croatia |
24 November |
1992 A |
24 November |
1992 |
| Cuba * |
July 25 |
1989 A |
July 25 |
1989 |
| Denmark |
10 May |
1979 If |
July 16 |
1979 |
| Egypt |
29 November |
1977 A |
July 16 |
1979 |
| United Arab Emirates |
13 January |
1983 A |
13 January |
1983 |
| Spain |
September 5 |
1978 |
July 16 |
1979 |
| United States |
February 15 |
1979 If |
July 16 |
1979 |
| Finland |
July 12 |
1979 |
July 16 |
1979 |
| France |
18 October |
1979 |
18 October |
1979 |
| Gabon |
28 December |
1984 A |
28 December |
1984 |
| Ghana |
July 11 |
1995 A |
July 11 |
1995 |
| Greece |
July 13 |
1979 |
July 16 |
1979 |
| Hungary |
24 July |
1997 A |
24 July |
1997 |
| Cook Islands |
October 31 |
2007 A |
October 31 |
2007 |
| Marshall Islands |
12 May |
1997 A |
12 May |
1997 |
| India |
6 June |
1978 |
July 16 |
1979 |
| Indonesia * |
9 October |
1986 A |
9 October |
1986 |
| Iran |
12 October |
1984 A |
12 October |
1984 |
| Iraq |
July 21 |
1980 |
July 21 |
1980 |
| Iceland |
26 March |
1991 A |
26 March |
1991 |
| Israel |
13 October |
1987 A |
13 October |
1987 |
| Italy |
10 July |
1979 |
July 16 |
1979 |
| Japan |
25 November |
1977 |
July 16 |
1979 |
| Jordan |
18 November |
2014 A |
18 November |
2014 |
| Kenya |
July 21 |
1998 A |
July 21 |
1998 |
| Kuwait |
25 February |
1977 |
July 16 |
1979 |
| Latvia |
22 March |
1995 A |
22 March |
1995 |
| Lebanon |
29 December |
1994 A |
29 December |
1994 |
| Liberia |
14 November |
1980 |
14 November |
1980 |
| Libya |
29 January |
1999 A |
29 January |
1999 |
| Malaysia |
12 June |
1986 A |
12 June |
1986 |
| Malta |
11 January |
1991 A |
11 January |
1991 |
| Morocco |
August 4 |
1999 A |
August 4 |
1999 |
| Mauritius |
7 December |
1992 A |
7 December |
1992 |
| Mexico |
10 January |
1994 A |
10 January |
1994 |
| Monaco |
1 Er October |
1990 A |
1 Er October |
1990 |
| Mongolia |
28 September |
2011 A |
28 September |
2011 |
| Montenegro |
6 June |
2006 S |
6 June |
2006 |
| Mozambique |
18 April |
1990 A |
18 April |
1990 |
| Nigeria |
23 February |
1988 A |
23 February |
1988 |
| Norway |
10 October |
1978 |
July 16 |
1979 |
| New Zealand |
August 17 |
1977 Si |
July 16 |
1979 |
| Oman |
December 30 |
1980 A |
December 30 |
1980 |
| Pakistan |
February 6 |
1985 A |
February 6 |
1985 |
| Palau |
29 September |
2011 A |
29 September |
2011 |
| Panama |
26 October |
1987 A |
26 October |
1987 |
| Netherlands * a |
15 June |
1979 |
July 16 |
1979 |
| Aruba |
15 June |
1979 |
July 16 |
1979 |
| Curaçao |
15 June |
1979 |
July 16 |
1979 |
| Caribbean (Bonaire, Sint Eustatius and Saba) |
15 June |
1979 |
July 16 |
1979 |
| Sint Maarten |
15 June |
1979 |
July 16 |
1979 |
| Peru |
30 October |
1987 A |
30 October |
1987 |
| Philippines |
30 March |
1981 A |
30 March |
1981 |
| Poland |
3 July |
1979 |
July 16 |
1979 |
| Portugal |
July 13 |
1979 If |
July 16 |
1979 |
| Qatar |
28 September |
1987 A |
28 September |
1987 |
| Czech Republic |
31 December |
1992 S |
1 Er January |
1993 |
| Romania |
27 September |
1990 A |
27 September |
1990 |
| United Kingdom * |
April 30 |
1979 |
July 16 |
1979 |
| Bermuda |
22 August |
1979 |
22 August |
1979 |
| Russia |
13 March |
1979 |
July 16 |
1979 |
| Senegal |
June 16 |
1994 A |
June 16 |
1994 |
| Serbia |
19 February |
2002 S |
April 27 |
1992 |
| Singapore |
29 June |
1979 If |
July 16 |
1979 |
| Slovakia |
July 20 |
1993 A |
July 20 |
1993 |
| Sri Lanka |
15 December |
1981 A |
15 December |
1981 |
| Sweden |
19 June |
1979 If |
July 16 |
1979 |
| Switzerland |
17 May |
1989 A |
17 May |
1989 |
| Tanzania |
21 December |
1998 A |
21 December |
1998 |
| Thailand |
14 December |
1994 A |
14 December |
1994 |
| Tonga |
18 September |
2003 A |
18 September |
2003 |
| Tunisia |
9 May |
1983 A |
9 May |
1983 |
| Turkey |
16 November |
1989 |
16 November |
1989 |
| Ukraine |
March 29 |
1979 |
July 16 |
1979 |
| Vanuatu |
August 20 |
2008 |
August 20 |
2008 |
| Venezuela |
April 27 |
2005 A |
April 27 |
2005 |
| Vietnam |
15 April |
1998 A |
15 April |
1998 |
| Yemen |
24 January |
2011 A |
24 January |
2011 |
|
||||
| A For the Kingdom in Europe. |
1 This Conv., together with its annex and operating agreement, has been updated according to the amendments of the Assembly of Inmarsat of 16 October. 1985, 19 January 1989 ( RO 2007 3365 ) And of 24 April 1998, in force since 31 July 1998. 2001 (RO 2007 3937).
2 Art. 1 al. 1 of the AF of Dec 16. 1988 (RO 1989 1925)
3 RS 0.790
4 RS 0.747.363.33
5 RS 0.784.403.1
6 RS 0.784.01
7 RS 0.784.02
8 RO 1989 1926, 1990 1940, 2003 372, 2007 4463, 2013 1597, 2015 181. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
