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RS 0.192.110.978.47 Protocol of 1st December 1981 on the Privileges and Immunities of the International Mobile Telecommunications Organization

Original Language Title: RS 0.192.110.978.47 Protocole du 1er décembre 1981 sur les privilèges et immunités de l’Organisation internationale de télécommunications mobiles par satellites

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0.192.110.978.47

Original text

Protocol on the Privileges and Immunities of the International Mobile Telecommunications Organization 1

Conclu in London on 1 Er December 1981

Instrument of accession deposited by Switzerland on 23 April 1992

Entered into force for Switzerland on 23 May 1992

(Status on 10 March 2016)

The States Parties to this Protocol shall:

Considering the Convention establishing the International Mobile Satellite Organization, opened for signature in London on 3 September 1976, as amended, and, in particular, Art. 9, para. 6 of the Convention as amended,

Noting that the United Nations will conclude a Headquarters Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 15 April 1999,

Considering that the purpose of this Protocol is to facilitate the achievement of the objective of the Organization and to ensure the proper performance of its functions

Agreed to the following:

Art. 1 Using terms

For the purposes of this Protocol:

(a)
The term " Convention means the Convention establishing the International Mobile Satellite Organization, including its Annex, opened for signature in London on 3 September 1976, as amended;
(b)
"Party to the Convention" means a State in respect of which the Convention has entered into force;
(c)
The term "Organization" means the International Organization for Mobile Satellite Communications;
(d)
"Party housing the seat" means the Party to the Convention on the territory of which the Organization has established its headquarters;
(e)
" Party to the Protocol means a State in respect of which this Protocol, or this Protocol, as amended, as the case may be, is in force;
(f)
The term "staff member" means the Director and any person employed in full time by the Organization in accordance with the Staff Regulations of the Organization;
(g)
"Representatives" in the case of the Parties to the Protocol and the Party holding the seat shall be heard by the representatives of the Organization and in each case, the heads of delegation of their alternates and their advisers;
(h)
The word "archives" means all manuscripts, correspondence, documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and programmes Computers owned or held by the Organization;
(i)
The term "official activities" of the Organization means the activities carried out by the Organization in accordance with its objective as defined in the Convention and includes its administrative activities;
(j)
"Expert" means any person other than a member of the staff appointed to carry out a specific task for the Organization, or on its behalf and at its own expense;
(k)
The term "property" means anything that may be subject to a right of ownership, including contractual rights.

Art. 2 Immunity from jurisdiction and execution of the Organization

(1) Unless expressly waived in a particular case, the Organization shall enjoy immunity from jurisdiction in the course of its official activities, except as regards:

(a)
Any commercial activity;
(b)
A civil action brought by a third party for damage resulting from an accident caused by a motor vehicle or other means of transport belonging to the Organisation or circulating on its behalf or an infringement of the rules of traffic Relating to the abovementioned means of transport;
(c)
The seizure of salaries and emoluments, including amounts arising from pension rights owed by the Organization to a member or former member of staff in the execution of a final judicial decision;
(d)
A counterclaim directly related to a legal action brought by the Organization.

(2) Notwithstanding the provisions of s. 1, no action relating to rights and obligations under the Convention may be brought against the Organization before the courts of the Parties to this Protocol by the Parties to the Convention or persons acting on behalf of Or claiming rights assigned by them.

(3) The assets of the Organization in which they are located and whatever the holder thereof, shall be exempt from any search, coercion, requisition, seizure, confiscation, expropriation, receivership or any other form of administrative enforcement Other than in the case of:

(a)
A seizure or execution made pursuant to a final judicial decision delivered in the course of one of the actions which may be brought against the Organization pursuant to s. 1;
(b)
Any measure taken in accordance with the legislation of the State concerned where it is temporarily necessary for the prevention of accidents involving motor vehicles or other means of transport belonging to the Organisation or Used for his or her account as well as the investigation of which these accidents are the object;
(c)
The expropriation of immovable property for the purposes of public utility, subject to the prompt payment of a fair compensation, provided that such expropriation does not prejudice the functions and activities of the Organization.
Art. 3 Inviolability of archives

The archives of the Organization are inviolable, wherever they are and whatever the holder.

Art. 4 Waiver of Duties and Taxes

(1) In the course of its official activities, the Organization shall be exempt from any direct national tax as well as any other taxes that are not normally included in the price of goods and services. His property and income benefit from the same exemption.

(2) If, in the course of its official activities, the Organization acquires goods or uses services of a significant value and the price of those goods or services includes taxes or duties, the Parties to the Protocol shall Shall, wherever possible, take appropriate measures for the remission or refund of the amount of such taxes or duties.

(3) Goods acquired by the Organization in the course of its official activities shall be exempt from all import and export prohibitions and restrictions.

(4) No exemption is granted for taxes and duties that represent the remuneration for particular services rendered.

(5) No exemption shall be granted for property acquired or services obtained by the Organization for the personal benefit of the members of the secretariat.

(6) Goods that are exempt under the provisions of this section shall not be sold, rented or loaned, on a temporary or permanent basis, or sold, except under conditions approved by the Party to the Protocol that granted Exemption.

Art. 5 Funds, currencies and values

The Organization may receive and hold funds, currencies or values of any kind and shall dispose of it for all its official activities. It may have accounts in any currency to the extent necessary to meet its obligations.

Art. 6 Official communications and publications

(1) For its official communications and for the transfer of all its documents, the Organization shall, on the territory of each Party to the Protocol, receive at least as favourable treatment as is generally accorded to organizations Equivalent intergovernmental with regard to priorities, tariffs and taxes applicable to mail and other types of telecommunications, to the extent that such treatment is compatible with all other international agreements To which the Party to the Protocol acceded.

(2) For its official communications, the Organization may use all appropriate means of communication, including the use of codes. The Parties to the Protocol do not impose any restrictions on official communications. No censorship is exercised in respect of these communications and publications.

(3) The Organization shall install and use a radio transmitter only with the consent of the Party to the Protocol concerned.

Art. 7 Staff Members

(1) Members of staff of the Organization:

(a)
Enjoy immunity from jurisdiction, even after ceasing to be in the service of the Organization, for acts, including words and writings, performed by them in the performance of their official duties; however, such immunity does not In the case of an infringement of the regulation of the movement of vehicles committed by a staff member, or in the case of damage caused by a motor vehicle or other means of transport owned or driven by it;
(b)
Are exempt from any obligation relating to the national service, including military service, as well as members of their families forming part of their household;
(c)
Enjoy inviolability for all official documents relating to the performance of their functions in the official activities of the Organization;
(d)
Are not subject, as well as family members in their household, to restrictive immigration and registration procedures for foreigners;
(e)
Benefit, in the field of exchange control, from the same treatment accorded to members of staff of intergovernmental organizations;
(f)
Enjoy, as well as members of their families in their household, the same repatriation facilities as the staff of intergovernmental organizations in times of international crisis;
(g)
Shall enjoy the right to import duty free of their furniture and personal effects, including a motor vehicle, on the occasion of their first taking of duties in the State concerned, from the right to export duty free at the time of termination of the Their functions in that State, in accordance with the laws and regulations adopted by the State concerned in either case. However, goods that have been exempt under the provisions of this paragraph shall not be disposed of, rented or loaned, on a permanent or temporary basis, or sold, unless it is in accordance with the aforesaid laws and regulations.

(2) The salaries and emoluments paid to members of staff by the Organization shall be exempt from income tax as from the date on which the salaries of such staff members are subject to a tax imposed by the Organization On its own account. The Parties to the Protocol may take such salaries and emoluments into account for the assessment of the amount of tax to be levied on income from other sources. Parties to the Protocol are not required to exempt from income tax pensions or annuities paid to former members of staff.

(3) Provided that members of staff are covered by a social security scheme specific to the Organization, the Organization and the members of its staff shall be exempt from all compulsory contributions to national security schemes Social. This exemption does not prevent voluntary participation in a national social security system in accordance with the legislation of the Party to the Protocol concerned, nor does it oblige a Party to the Protocol to provide benefits, in Under a social security scheme, to staff members who are exempt under the provisions of this paragraph.

(4) The Parties to the Protocol shall not be required to grant the privileges and immunities referred to in paras. (b), (d), (e), (f) and (g) of s. 1) to their nationals or to persons permanently residing in their territory.

Art. 8 The Director

(1) In addition to the privileges and immunities accorded to staff members in art. 7, the Director:

(a)
Enjoys immunity from arrest and detention;
(b)
Enjoys immunity from jurisdiction and civil and administrative enforcement granted to diplomatic agents, except in the case of damage caused by a motor vehicle or other means of transport owned or operated by it;
(c)
Shall enjoy full immunity from criminal jurisdiction, except in the case of an infringement of traffic rules involving a motor vehicle or other means of transport owned or operated by it, subject to the provisions of para. (a) above.

(2) The Parties to the Protocol shall not be required to grant the immunities referred to in this Article to their nationals or to persons permanently residing in their territory.

Art. Representatives of the Parties

(1) Representatives of the Parties to the Protocol and representatives of the Party hosting the seat shall enjoy, during the performance of their official duties, and during their journey to or from the place of assembly, privileges And immunities below:

(a)
Immunity from all forms of arrest and remand;
(b)
Immunity from legal proceedings, even after the end of their mission, in respect of acts performed by them in the performance of their official duties, including their words and writings; however, such immunity shall not apply in the case of Infringement of the rules of movement committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport owned or driven by it;
(c)
Inviolability of all official documents;
(d)
Exemption, as well as family members in their household, restrictive immigration measures and foreign registration formalities;
(e)
The same treatment in exchange controls as that accorded to representatives of foreign governments during temporary official missions;
(f)
The same treatment for customs control of their personal baggage as that accorded to representatives of foreign governments at official temporary missions.

(2) The provisions of s. (1) shall not apply to relations between a Party to the Protocol and its representatives. In addition, the provisions of paras. (a), (d), (e) and (f) of s. (1) shall not apply to relations between a Party to the Protocol and its nationals or persons permanently residing in its territory.

Art. 10 Experts

(1) Experts, during the performance of their official duties in the course of the activities of the Organization, and during their journeys to or from the place of their mission, shall enjoy the following privileges and immunities:

(a)
Immunity from legal proceedings, even after the end of their duties, in respect of acts performed by them during the performance of their official duties, including their words and writings; however, such immunity shall not apply in the case of Infringement of the rules of movement committed by an expert, or in the case of damage caused by a motor vehicle or other means of transport owned or driven by him;
(b)
Inviolability of all official documents;
(c)
The same treatment in respect of exchange controls as that accorded to members of staff of intergovernmental organizations;
(d)
Exemption, as well as family members in their household, restrictive immigration measures and foreign registration formalities;
(e)
The same facilities for their personal baggage as those granted to experts from other intergovernmental organizations.

(2) The Parties to the Protocol shall not be required to grant the privileges and immunities referred to in paras. (c), (d) and (e) of s. 1) to their nationals or to persons permanently residing in their territory.

Art. 11 Notification to Parties of the names of officials and experts

The Director of the Organization shall, at least once a year, bring to the attention of the Parties to the Protocol the names and nationalities of the members of staff and experts to whom the provisions of art apply. 7), 8) and 11).

Art. 12 Waiving Privileges and Immunities

(1) The privileges, exemptions and immunities provided for in this Protocol shall not be granted to persons who benefit from them for their personal benefit, but in order to enable them to carry out their duties effectively Official.

(2) Where, in the opinion of the authorities mentioned below, the privileges and immunities are such as to hinder the action of justice and in all cases where they can be removed without compromising the purposes for which they have been granted, the said The authorities have the right and the duty to waive these privileges and immunities:

(a)
The Parties to the Protocol with respect to their representatives;
(b)
The Assembly, convened if necessary in extraordinary session, in respect of the Organization or the Director of the Organization;
(c)
The Director of the Organization for officials and experts;
Art. 13 Assistance to persons

The Parties to the Protocol shall take all appropriate measures to facilitate the entry, residence and departure of representatives, staff and experts.

Art. 14 Compliance with Legislation and Regulations

The Organization and all persons enjoying the privileges and immunities under this Protocol, without prejudice to its other provisions, shall comply with the laws and regulations of the Parties to the Protocol concerned and shall cooperate at any time with Their competent authorities to ensure compliance with their laws and regulations.

Art. 15 Precautions

Any Party to the Protocol shall retain the right to take all necessary precautions in the interests of its own security.

Art. 16 Dispute Settlement

Any dispute between the Parties to the Protocol or between the Organization and a Party to the Protocol relating to the interpretation or application of the Protocol shall be settled by negotiation or other agreed procedure of settlement. If the dispute is not resolved within a period of twelve (12) months, the interested Parties may, by mutual agreement, submit the dispute for decision to a tribunal composed of three arbitrators. Each Party shall select an arbitrator and the third, who is the presiding arbitrator, shall be selected by the first two arbitrators. If the first two arbitrators fail to agree on the choice of the third arbitrator within two months from the date on which they were appointed, the third arbitrator shall be selected by the President of the International Court of Justice. The court has its own rules of procedure; its decisions are without appeal and bind the parties to the dispute.

Art. 17 Complementary Agreements

The Organization may conclude with any Party to the Protocol complementary agreements designed to give effect to the provisions of this Protocol in respect of that Party with a view to ensuring the smooth functioning of the Organization.

Art. 18 Signature, ratification and accession

(1) This Protocol shall be open for signature in London of 1 Er December 1981 to 31 May 1982 inclusive.

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

(a)
Signature, without reservation as to ratification, acceptance or approval;
(b)
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c)
Membership.

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

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

Art. 19 Entry into force and duration of the Protocol

(1) The Protocol shall enter into force on the thirtieth day after the date on which ten Parties to the Convention have complied with the provisions of Art. 18, para. 2).

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

Art. Entry into force and duration in respect of States

(1) This Protocol shall take effect, in respect of States that have complied with the provisions of Art. 18, para. (2), after it has entered into force, the thirtieth day after the date of signature or deposit of an instrument with the Depositary by the State concerned.

(2) Any Party to the Protocol may denounce this Protocol by written notification to the Depositary. Denunciation shall take effect twelve (12) months after the date on which the Depositary has received the notification or the expiration of any longer period which may be specified in the notice.

(3) Any Party to the Protocol shall cease to be a Party to the Protocol on the date on which it ceases to be a Party to the Convention.

Art. Depositary

(1) The Director of the Organization shall be the Depositary of this Protocol.

(2) The Depositary shall, in particular, inform all Parties to the Convention at the earliest:

(a)
Any signature of the Protocol;
(b)
The deposit of any instrument of ratification, acceptance, approval or accession;
(c)
The date of entry into force of this Protocol;
(d)
The date on which a State has ceased to be a Party to this Protocol;
(e)
Any other communications relating to this Protocol.

(3) On the entry into force of this Protocol, the Depositary shall transmit a certified copy of the original to the Secretariat of the United Nations for registration and publication, in accordance with Art. 102 of the United Nations Charter 1 .


Art. Authentic texts

This Protocol shall be established in a single copy in the English, French, Spanish and Russian languages, all texts being equally authentic, and deposited with the Director of the Organization who shall address a certified copy to all Parties to the Convention.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Protocol.

Done at London this first December of December, nine hundred and ninety-one.

(Suivent signatures)

Scope of application on 10 March 2016 2

States Parties

Ratification

Accession (A)

Signature without reservation of ratification (If)

Entry into force

Germany *

9 November

1984

9 December

1984

Antigua and Barbuda

12 October

2009 A

11 November

2009

Saudi Arabia *

March 14

1988 A

13 April

1988

Argentina

7 December

1988 A

6 January

1989

Belarus

27 May

1982 Si

July 30

1983

Belgium

7 February

1992 A

8 March

1992

Brazil

7 January

1993

February 6

1993

Bulgaria

12 October

1982 A

July 30

1983

Cameroon

22 January

1992 A

21 February

1992

Canada *

30 June

1983 A

July 30

1983

Chile *

1 Er February

1984

2 March

1984

China *

13 May

1987

12 June

1987

Macao

13 December

1999

20 December

1999

Cyprus

March 29

1994 A

28 April

1994

Cuba *

19 June

1992 A

19 July

1992

Denmark

July 23

1986 A

22 August

1986

Spain *

16 January

1991 A

February 15

1991

Finland

25 May

1982 Si

July 30

1983

France *

19 September

1985

19 October

1985

Gabon

16 December

1998 A

15 January

1999

Greece

14 October

1988

13 November

1988

India

7 October

1987 A

6 November

1987

Indonesia *

14 November

1989 A

14 December

1989

Iraq

August 14

1986 A

13 September

1986

Iceland

26 October

1998 A

25 November

1998

Italy *

28 November

1988 A

28 December

1988

Kuwait

25 March

1986

24 April

1986

Latvia

17 November

1997 A

17 December

1997

Liberia

25 November

1982 A

July 30

1983

Morocco

July 12

1999 A

August 12

1999

Monaco

April 8

1999 A

8 May

1999

Mongolia

28 September

2011 A

28 October

2011

Norway

19 April

1982 Si

July 30

1983

Oman

August 18

1986

September 17

1986

Netherlands

14 June

1983 A

July 30

1983

Aruba

14 June

1983

July 30

1983

Curaçao

14 June

1983

July 30

1983

Caribbean (Bonaire, Sint Eustatius and Saba)

14 June

1983

July 30

1983

Sint Maarten

14 June

1983

July 30

1983

Poland

29 January

1987 A

28 February

1987

Portugal *

17 October

1995

16 November

1995

Qatar

14 May

1992 A

13 June

1992

Czech Republic

September 6

2012 A

6 October

2012

Romania

April 8

1992 A

8 May

1992

Russia

27 May

1982 Si

July 30

1983

Sri Lanka

April 27

1982 Si

July 30

1983

Sweden

5 December

1984

4 January

1985

Switzerland *

April 23

1992 A

23 May

1992

Thailand

30 May

2008 A

30 June

2008

Ukraine

27 May

1982 Si

July 30

1983

*
Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English can be found at the website of the International Maritime Organization (IMO): www.imo.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Reservations and declarations

Switzerland

Switzerland considers that tax on identifiable turnover within the meaning of s. 4, para. 2, is the one that affects the delivery to INMARSAT of goods of a value greater than 500 Swiss francs.


RO 1992 1691


1 This Prot. Has been updated by the mod Ac. Of the 25. 1998, in force for Switzerland since 31 July. 2001 ( RO 2007 4101 ).
2 RO 1992 1691, 2006 3323, 2016 1007. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 10, 2016