Advanced Search

RS 0.784.601 Agreement of 20 August 1971 on the International Satellite Communications Organization (with annex)

Original Language Title: RS 0.784.601 Accord du 20 août 1971 relatif à l’Organisation internationale des télécommunications par satellites (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.784.601

Original text

Agreement on the International Satellite Communications Organization

Conclu, Washington, August 20, 1971

Approved by the Federal Assembly on 27 June 1972 1

Instrument of ratification deposited on 27 July 1972

Entered into force for Switzerland on 12 February 1973

Amendments adopted on 17 November 2000
And entered into force for Switzerland on 30 November 2004 2

(State on 5 November 2015)

Preamble

The States Parties to this Agreement,

Considering the principle set out in United Nations General Assembly Resolution 172l (XVI) that the nations of the world should be able to communicate with satellites on a global and non-discriminatory basis as soon as possible,

Considering the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space 1 , including the Moon and other celestial bodies and, in particular, art. I affirm that outer space should be used for the good and for the benefit of all countries,

Recognizing that, in line with its initial goal, the international satellite communications organization has established a global satellite system to provide telecommunications services to all regions of the world, which Contributed to global peace and understanding,

Taking into account the fact that 24 E The session of the Assembly of the Parties of the International Satellite Communications Organization decided to proceed with a restructuring and privatisation by creating a private company overseen by an intergovernmental organization,

Noting that, as a result of increased competition in the provision of telecommunications services, it became necessary for the international satellite communications organization to transfer its space system to the defined society Art. I, d of this Agreement so that the space system continues to operate commercially in a commercially viable manner,

To ensure that the Corporation complies with the Basic Principles set out in s. III of this Agreement and provides, on a commercial basis, the space sector necessary for high quality and high-reliability international public telecommunications services,

Having determined that an intergovernmental oversight body, of which any member state of the United Nations or of the International Telecommunication Union can become a member, is necessary to ensure that the Corporation complies with the Principles On an ongoing basis,

Agreed to the following:


Art. I Definitions

For the purposes of this Agreement:

A.
The term "Agreement" means this Agreement, including its Schedule and any amendment thereto, but excluding the titles of the Articles, opened for signature by the Governments on August 20, 1971, in Washington, and establishing the Organization International satellite communications;
B.
The terms "space sector" means telecommunications satellites as well as the facilities for tracking, telemetering, remote control, control, monitoring and other associated equipment necessary for the operation of these Satellites;
C.
The term "telecommunication" means any transmission, transmission or reception of signs, signals, writings, images, sounds or information of any kind, by wire, radio, optical or other electromagnetic systems;
D.
The term "Company" means the entity or private entities established under the law of one or more States to which the space system of the international satellite communications organization is transferred, including the Entities their successor in law;
E.
The words "on a commercial basis" means in accordance with the usual and customary commercial practice of the telecommunications sector;
F.
The term "public telecommunications services" means fixed or mobile telecommunications services which can be provided by satellites and which are accessible for use by the public such as the telephone, telegraph, Telex, facsimile transmission, transmission of data, transmission of broadcasting and television programmes between approved earth stations having access to the space sector of the company for subsequent transmission To the public, as well as leased circuits for any of the uses Above mentioned; these terms exclude mobile services of a category which has not been provided in accordance with the Provisional Agreement and the Special Agreement prior to the opening of the Agreement on signature and which are provided by Mobile stations operating directly with a satellite designed in whole or in part to provide services relating to the safety or control in flight of aircraft, or to air or sea radionavigation;
G.
The terms "Interim Agreement" refer to the Agreement Establishing a Provisional Regime for a Global Satellite Communications System, signed by the Governments in Washington on August 20, 1964 1 ;
H.
The terms "vital connection" or "LCO" refer to the obligation assumed by the Company, as set out in the LCO contract, to provide continuous telecommunications services to the LCO client;
I.
"Special Agreement" means the agreement signed on August 20, 1964 2 By Governments or telecommunications organizations designated by Governments, in accordance with the provisions of the Interim Agreement;
J.
The terms "Public Service Agreement" means the legally binding instrument by which the ITSO ensures that the Corporation complies with the Basic Principles;
K.
The term "Fundamental Principles" refers to the principles described in s. III;
L.
The term "common heritage" means the frequency assignments associated with orbital positions in the course of early publication or coordination or registered on behalf of the Parties to the International Telecommunication Union (ITU), in accordance with the provisions of the ITU Radio Regulations, which are transferred to one or more Parties under s. XII;
M.
The terms "global coverage" refer to the maximum geographic coverage of the land to the northernmost parallel and the most southerly parallel visible from satellites deployed at geostationary orbital locations;
N.
The terms "global connectedness" means the means of interconnection offered to customers of the Corporation through the global coverage provided by the Corporation to enable communications within the five regions of the Union International Telecommunication Union, defined by the Conference of Plenipotentiaries of the International Telecommunication Union, held in Montreux in 1965, and between these regions;
O.
The terms "non-discriminatory access" refer to the opportunity for access to the Corporation's system on an equal and equitable basis;
P.
The term "Party" means a State in respect of which the Agreement has entered into force or is applied provisionally;
Q.
The term "property" includes any element, whatever the nature, in respect of which a right of ownership may be exercised, and any contractual right;
R.
The terms "LCO customers" refer to all customers entitled to benefit and have signed LCO contracts;
S.
The term "administration" means any department or official service responsible for compliance with the obligations of the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and Of its by-laws.

1 This Agreement shall replace with effect from 12 February 1973 the provisional agreement of 20 August 1964 [RO 1965 762) and put an end to it.
2 [RO 1965 772]

Art. II Creating the ITSO

Taking due account of the principles set out above in the Preamble, the Parties hereby establish the International Satellite Communications Organization, hereinafter referred to as "ITSO".

Art. III Core Purpose and Basic Principles of the ITSO

A. Taking into account the establishment of the Company, the main purpose of the ITSO is to ensure, through the Public Service Agreement, that the Company provides, on a commercial basis, public international telecommunications services, In order to ensure compliance with the Fundamental Principles.

B. The Fundamental Principles are:

I.
To maintain global connectedness and global coverage;
Ii.
To serve its clients with vital connections;
Iii.
Provide non-discriminatory access to the Corporation's system.
Art. IV National public telecommunications services covered

The same applies to public international telecommunications services for the purposes of applying s. III:

A.
National public telecommunications services between regions separated by regions which are not under the jurisdiction of the State concerned or between regions separated by the high seas;
B.
National public telecommunications services between regions that are not connected by land-based broadband facilities and that are separated by natural barriers of such exceptional character that they exclude viable creation Land-based broadband facilities between these areas, provided the appropriate authorization has been given.
Art. V Supervision

The ITSO shall take all appropriate measures, including the conclusion of the Agreement on Public Services, to supervise the implementation by the Company of the Fundamental Principles, in particular the principle of non-discriminatory access to the Company's system For existing and future public telecommunications services provided by the Corporation when space sector capacity is available on a commercial basis.

Art. VI Legal personality

A. The ITSO has legal personality. It has the full capacity to carry out its functions and achieve its objectives, including:

I.
Conclude agreements with States or international organisations;
Ii.
Contract;
Iii.
Acquire and dispose of assets;
Iv.
Legal proceedings.

(b) Each Party shall take any measure necessary within its jurisdiction in order to give effect to the provisions of this Article according to its own right.

Art. VII Financial Principles

A. The ITSO will be funded for the twelve-year period established by s. XXI, thanks to certain financial assets that it will retain at the time of the transfer of the ITSO space system to the Company.

B. In the case where the ITSO continues to exist beyond twelve years, the ITSO obtains funding through the Public Service Agreement.

Art. VIII ITSO Structure

ITSO comprises the following bodies:

A.
The Assembly of the Parties;
B.
An executive body headed by the Director-General responsible to the Assembly of the Parties.
Art. IX Assembly of the Parties

The Assembly of the Parties shall be composed of all Parties and shall be the principal organ of ITSO.

B. The Assembly of the Parties shall take into account the general policy and long-term objectives of the ITSO.

C. The Assembly of the Parties shall take into account issues of particular interest to the Parties as sovereign States, in particular to ensure that the Company provides, on a commercial basis, public telecommunications services International in order to:

I.
To maintain global connectedness and global coverage;
Ii.
To serve its clients with vital connections;
Iii.
Provide non-discriminatory access to the Corporation's system.

D. The Assembly of the Parties shall have the following functions and powers:

I.
It shall give such instructions as it deems appropriate to the executive body of the ITSO, in particular as regards its examination of the activities of the Society which are directly linked to the Fundamental Principles;
Ii.
It reviews and makes decisions on proposals for amendments to the Agreement in accordance with Art. XV of this Agreement;
Iii.
The Director General shall appoint and remove the Director General in accordance with Art. X;
Iv.
Reviews the reports submitted by the Director-General relating to the Society's compliance with the Fundamental Principles and makes decisions on those reports;
V.
It reviews and, at its discretion, makes decisions on the recommendations of the Director General;
Vi.
It adopts, under the provisions of s. B of art. XIV of the Agreement, decisions concerning the withdrawal of a Party from the ITSO;
Vii.
Adopting decisions on matters relating to official relations between the ITSO and States, whether or not they are Parties, or international organizations;
Viii.
Reviews claims submitted to it by the Parties;
Ix.
It shall examine issues relating to the common heritage of the Parties;
X.
It shall adopt decisions relating to the authorization referred to in the b of Art. IV of the Agreement;
Xi.
It reviews and approves the ITSO budget for any period decided by the Assembly of the Parties;
Xii.
Makes any necessary decisions regarding unforeseen expenditures that may be released from the approved budget;
Xiii.
Appoints a Auditor to review ITSO; expenditures and accounts;
Xiv.
It selects the legal experts referred to in s. 3 of Annex A of the Agreement;
Xv.
It determines the conditions under which the Director-General may initiate arbitration proceedings against the Company under the Public Service Agreement;
Xvi.
It decides on the proposed amendments to the Public Service Agreement;
Xvii.
It exercises any other function under its jurisdiction under any other art. Of the Agreement.

E. The Assembly of the Parties shall meet in ordinary session every two years, beginning no later than twelve months after the transfer of the ITSO space system to the Society. In addition to regular sessions, the Assembly of the Parties may hold special sessions convened at the request of the executive body under the provisions of s. K of art. X, or upon the written request of one or more Parties addressed to the Director General specifying the subject matter of the meeting, subject to acceptance by at least one third of the Parties, including those who have submitted the request. The Assembly of the Parties shall define the conditions under which the Director General may convene an extraordinary session of the Assembly of the Parties.

F. For any session of the Assembly of the Parties, the quorum shall be the representatives of a majority of the Parties. Any decision on a substantive matter shall be adopted by an affirmative vote issued by at least two-thirds of the Parties whose representatives are present and voting. Any decision on a matter of procedure shall be adopted by an affirmative vote by a simple majority of the Parties whose representatives are present and voting. Any dispute as to whether a matter is procedural or substantive shall be settled by a vote by a simple majority of the Parties whose representatives are present and voting.

The Parties shall have the opportunity to vote by proxy or by other means deemed appropriate by the Assembly of the Parties and shall receive the necessary information long enough before the session of the Assembly of the Parties.

G. For any session of the Assembly of the Parties, each Party shall have one vote.

H. The Assembly of the Parties shall adopt its rules of procedure which shall include, inter alia, provisions concerning the election of the President and other members of the Bureau, as well as provisions concerning participation and voting.

I. Each Party shall face its own costs of representation at meetings of the Assembly of the Parties. Expenses related to meetings of the Assembly of the Parties shall be considered as part of the administrative expenditure of the ITSO.

Art. X Director General

The Executive Body shall be headed by the Director General who shall be directly responsible to the Assembly of the Parties.

B. The Director-General:

I.
Is the senior official of the staff and the legal representative of the ITSO; it is responsible for the execution of all management functions, including the exercise of rights under contracts;
Ii.
Acts in accordance with the instructions and instructions of the Assembly of the Parties;
Iii.
Shall be appointed by the Assembly of the Parties for a term of four years or any other period decided by the Assembly of the Parties. It may be relieved of its functions by a reasoned decision of the Assembly of the Parties. No Director General shall be appointed for more than eight years.

C. The main considerations that must be taken into account for the appointment of the Director-General and the recruitment of other staff members of the executive body should be of such a nature as to ensure the highest standards Of integrity, competence and efficiency, taking into account the potential benefits of recruitment and deployment on a regional and geographically diverse basis. The Director-General and the other members of the staff of the executive body shall refrain from any action incompatible with their responsibilities to ITSO.

D. The Director-General, subject to the guidelines and instructions of the Assembly of the Parties, shall determine the structure, staffing levels and standard terms and conditions of employment of officers and employees and shall appoint the staff of the executive body. The Director General may select consultants and other advisers from the executive body.

E. The Director-General oversees the observance by the Society of the Fundamental Principles.

F. The Director General:

I.
Monitors the Company's compliance with the fundamental principle of serving LCO customers by complying with the LCO contracts;
Ii.
Reviews the decisions made by the Corporation in respect of applications for eligibility to enter into a LCO contract;
Iii.
Assists LCO clients in resolving disputes with the Corporation through the provision of conciliation services;
Iv.
In the event that a LCO client decides to initiate arbitration proceedings against the Company, provides advice on the choice of consultants and arbitrators.

G. The Director General shall report to the Parties on the matters referred to in s. D to f.

H. In accordance with the terms and conditions to be established by the Assembly of the Parties, the Director General may initiate an arbitration procedure against the Corporation under the Public Service Agreement.

I. The Director General shall deal with the Company in accordance with the Public Service Agreement.

J. The Director General, on behalf of the ITSO, shall examine all matters relating to the common heritage of the Parties and shall communicate the views of the Parties to the Notifying Authority (s).

(k) Where the Director-General considers that the fact that a Party has not taken any action under s. C of art. XI has infringed the Company's ability to comply with the Basic Principles, the Director General shall contact the said Party with a view to finding a solution to this situation and may, in accordance with the conditions laid down by the Assembly of the Parties And stipulated in s. E of art. IX, convene an extraordinary session of the Assembly of the Parties.

L. The Assembly of the Parties shall designate a senior official of the executive body to assume the functions of Acting Director-General when the Director-General is absent, unable to perform his or her duties or when his position becomes vacant. The Acting Director General shall have the powers assigned to the Director General under this Agreement. In the event of a vacancy, the Acting Director General shall hold office until the appointment of a Director-General appointed and confirmed, as soon as possible, in accordance with para. Iii of s. B of this article.

Art. XI Rights and obligations of the Parties

The Parties shall exercise their rights and carry out their obligations under the Agreement in a manner that fully respects and promotes the principles set out in the Preamble, the Basic Principles referred to in Art. III and the provisions of the Agreement.

B. All Parties are authorized to attend and participate in all conferences and meetings to which they are entitled to be represented in accordance with the provisions of this Agreement, as well as any other meetings organized by ITSO Or under its auspices, in accordance with the provisions of the ITSO for such meetings, regardless of where they are held. The executive body shall ensure that the provisions adopted with the inviting Party for each conference or meeting include a clause on admission to the inviting country and the stay for the duration of the said conference or meeting Representatives of all Parties entitled to attend.

C. The Parties shall, in a transparent, non-discriminatory and neutral manner from the point of view of competition, under the applicable national procedure and relevant international agreements to which they are parties, the measures required For the Society to comply with the Fundamental Principles.

Art. XII Frequency Assignments

A. The Parties to the ITSO shall maintain the orbital positions and frequency assignments being coordinated or registered on behalf of the Parties to the ITU under the provisions of the ITU Radio Regulations, until such time as The notified Notifying Authority (s) has notified the Depositary that it has (a) approved, accepted or ratified this Agreement. The Parties shall select from among the members of ITSO a Party to represent all ITSO Parties to the ITU during the period during which the Parties of the IIT shall retain such assignments.

B. Where the Party is selected under s. A to represent the whole of the Parties during the period during which the ITSO keeps the subpoenas, receives the notification by the Depositary of the approval, acceptance or ratification of this Agreement by a Party selected by The Assembly of the Parties as the Notifying Authority for the Company, it shall transfer the said assignments to the selected Notifying Authority (s).

C. Any Party selected as the Notifying Authority of the Company, under the applicable national procedure:

I.
Authorizes the use of this frequency assignment by the Corporation in a manner that allows for compliance with the Basic Principles;
Ii.
In the event that such use is no longer permitted or if the Company no longer requires the said frequency assignment (s), the said frequency assignment shall be cancelled under the ITU procedures.

D. Notwithstanding any other provision of this Agreement, if a Party selected as a Notifying Authority for the Company ceases to be a member of the ISSO under s. XIV, the said Party shall be bound by all relevant provisions of this Agreement and the ITU Radio Regulations and shall be subject to such provisions until the frequency assignments are transferred to another Party in accordance with ITU procedures.

E. Each Party selected as a Notifying Authority under s. C:

I.
Shall report, at least on an annual basis, to the Director General, on the treatment accorded by the Notifying Authority to the Company, paying particular attention to the respect by that Party of its obligations under Art. XI, c;
Ii.
Requests the opinion of the Director General, on behalf of the ITSO, on the measures required to implement the respect by the Society of Fundamental Principles;
Iii.
Works with the Director General, on behalf of the ITSO, on the potential activities of the notifying Administration (s) in order to expand access to dependent countries;
Iv.
Notifies and consults the Director-General on the coordination of the satellite system with the ITU, which is undertaken on behalf of the Company to ensure the maintenance of global connectivity and service to dependent users;
V.
Conducts consultations with the ITU on the needs of dependent users on satellite communications.
Art. XIII ITSO Headquarters, Privileges, Exemptions and Immunities

A. The headquarters of the ITSO shall be located in Washington, DC, unless the Assembly of the Parties decides otherwise

B. In the course of the activities authorized by the Agreement, the ITSO and its assets are exempt, by all States party to the Agreement, from any national income tax and national direct tax on property. Each Party undertakes to do the best to ensure that, in accordance with the applicable national procedure, all other income and property tax exemptions, as well as customs duties, are considered desirable. The spirit of the specific nature of the ITSO.

C. Any Party other than the Party in whose territory the headquarters of the ITSO is situated or, as the case may be, the Party in whose territory the headquarters of the ITSO is located, shall accord, in accordance with the Protocol or the Headquarters Agreement referred to in This paragraph, the privileges, exemptions and immunities necessary for the ITSO, its officers, the other categories of its personnel specified in the said Protocol and the Headquarters Agreement, the Parties and the representatives of the Parties. In particular, any Party shall accord to the persons referred to above to the extent and in the cases to be provided for in the Headquarters Agreement and the Protocol referred to in this paragraph, immunity from jurisdiction for acts performed, written or Statements made in the course of their duties and within the limits of their duties. The Party in whose territory the headquarters of the ITSO is located shall conclude, as soon as possible, a Headquarters Agreement with the ITSO on privileges, exemptions and immunities. The other Parties shall conclude, as soon as possible, a Protocol on Privileges, Exemptions and Immunities. The Headquarters Agreement and the Protocol shall be independent of the Agreement and each of them shall provide for the conditions under which it shall terminate.

Art. XIV Withdrawing
A.
I. Any Party may voluntarily withdraw from the ITSO. The withdrawing Party shall notify the Depositary in writing of its decision.
Ii.
The notification of the decision to withdraw a Party under the provisions of para. This paragraph shall be transmitted by the Depositary to all Parties and to the executive body.
Iii.
Subject to the provisions of subs. D of art. XII, voluntary withdrawal, notified in accordance with the provisions of para. E of this paragraph, shall take effect, and this Agreement shall cease to be in force in respect of the withdrawing Party, three months after the date of receipt of the notification.
B.
I. If a Party appears to have failed to fulfil any of its obligations under the Agreement, the Assembly of the Parties, after receiving a notification to that effect or acting on its own initiative and after considering all Observation submitted by the said Party may decide, if it finds that there has been a breach of an obligation, that the Party is deemed to have withdrawn from the ITSO. From the date of such decision, the Agreement shall cease to be in force in respect of the Party. The Assembly of the Parties may be convened in extraordinary session for this purpose.
Ii.
If the Assembly of the Parties decides that a Party is deemed to have withdrawn from the ITSO in accordance with the provisions of para. In this paragraph, the Executive Body shall notify the Depositary, which shall transmit the notification to all Parties.

C. Upon receipt by the Depositary or the executive body, as the case may be, of the notification of a withdrawal decision in accordance with the provisions of para. I from s. Under this Article, the Party which notifies it shall cease to have any right of representation and vote in the Assembly of the Parties, whatever it may be, and it shall not assume any obligation or responsibility after the receipt of the notification.

D. If the Assembly of the Parties decides, in accordance with para. B of this Article, that a Party is deemed to have withdrawn from the ITSO, the Party shall not assume any obligation or liability after the said decision.

E. No Party shall withdraw from the ITSO as a direct result of any change in the status of that Party vis-vis the United Nations or the International Telecommunication Union.

Art. XV Amendments

A. Any Party may propose amendments to this Agreement. Proposals for amendments shall be transmitted to the executive body, which shall circulate them as soon as possible to all Parties.

B. The Assembly of the Parties shall consider any proposed amendment at the ordinary session following the distribution of the proposal by the executive body or at a special session previously convened in accordance with the procedures of Art. IX of the Agreement, provided that the proposed amendment is circulated by the Executive Body ninety days at least before the opening date of the session. The Assembly of the Parties shall consider all views and recommendations concerning a proposed amendment transmitted to it by the Meeting of the Signatories or the Board of Governors.

C. The Assembly of the Parties shall take a decision on any proposed amendment in accordance with the quorum and voting rules laid down in Art. IX of the Agreement. It may amend any proposed amendment circulated in accordance with paragraph (a). B of this Article, and take a decision on any amendment proposal which has not been circulated in accordance with that paragraph but resulting directly from a proposed amendment thus distributed.

D. An amendment approved by the Assembly of the Parties shall enter into force in accordance with the provisions of s. E of this art. After receipt by the Depositary of the notification of approval, acceptance or ratification of the amendment by two thirds of the States Parties at the date on which the amendment was approved by the Assembly of the Parties.

E. The Depositary shall notify all Parties, upon receipt, of the acceptances, approvals or ratifications required under s. D of this Article for the entry into force of an amendment. Ninety days after the date of such notification, the said amendment shall enter into force with respect to all Parties, including those that have not accepted, approved, or ratified, and which have not withdrawn from the ITSO.

F. Notwithstanding the preceding provisions of s. D and e of this Article, no amendment shall enter into force less than eight months after the date of its approval by the Assembly of the Parties. 1


1 New content in effect since Oct 16. 1996 (RO 1997 800).

Art. XVI Dispute Settlement

A. Any legal dispute between the Parties or between the ITSO and one or more Parties and relating to the rights and obligations arising out of the Agreement shall be submitted, if it has not been otherwise resolved within a reasonable time, to arbitration In accordance with Annex A of the Agreement.

B. Any legal dispute relating to the rights and obligations arising under the Agreement between a Party and a State which has ceased to be a Party, or between the ITSO and a State which has ceased to be a Party, and which occurs after the State has ceased to be a Party Party, shall be referred to arbitration if it has not been otherwise resolved within a reasonable period of time. Such arbitration shall take place in accordance with the provisions of Annex A of the Agreement, if the State which has ceased to be a Party consents. If a State ceases to be a Party after submission to arbitration of a dispute to which it has participated in accordance with subs. (a) of this Article, the arbitral proceedings shall continue until its conclusion.

C. Any legal dispute arising out of agreements 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 they are not otherwise resolved, may be referred to arbitration in accordance with the provisions of Annex A of the Agreement if the parties to the dispute agree.

Art. XVII Signature

A. This Agreement shall be open for signature, in Washington, from 20 August 1971 until its entry into force or until the expiration of a period of nine months, depending on whether one or the other period will be the first to be carried out:

I.
The Government of any State Party to the Interim Agreement;
Ii.
Government of any other Member State of the United Nations or of the International Telecommunication Union.

B. Any Government which signs this Agreement may do so without its signature being subject to ratification, acceptance or approval or by accompanying its signature of a declaration indicating that it is subject to ratification, acceptance or Approval.

C. Any State referred to in paragraph 1. A of this Article may accede to this Agreement after it has ceased to be open for signature.

D. No reservations may be made to this Agreement.

Art. XVIII Entry into force

A. This Agreement shall enter into force sixty days after the date on which it was signed, without reservation as to ratification, acceptance or approval, or sixty days after the date on which it was ratified, accepted, approved or acceded to by the two Third of the States which were parties to the Interim Agreement when this Agreement was opened for signature provided that in those two-thirds of the States Parties to the Interim Agreement were included in the Interim Agreement which then held at least two-thirds of the shares in Under the Special Agreement.

Notwithstanding the above provisions, the Agreement shall not enter into force in any case less than eight months or more than eighteen months after the date on which it was opened for signature.

B. Where an instrument of ratification, acceptance, approval or accession is deposited by a State after the date of entry into force of the Agreement in accordance with the provisions of par. Under this Article, the Agreement shall enter into force in respect of that State on the date of filing.

C. As soon as it enters into force in accordance with the provisions of s. In this Article, the Agreement may be applied provisionally in respect of any State which has been signed by the Government, subject to ratification, acceptance or approval, if it so requests at the time of signature or thereafter at all Prior to the coming into force of the Agreement. The provisional application ceases:

I.
The deposit of an instrument of ratification, acceptance or approval of the Agreement by the Government;
Ii.
The expiration of the two-year period following the date of entry into force of the Agreement, if it has not been ratified, accepted or approved by the Government;
Iii.
Either on notification by the Government, before the expiry of the period referred to in para. Ii of this paragraph, of its decision not to ratify, accept or approve the Agreement.

If the provisional application ceases under para. Ii or para. Iii of this paragraph, the provisions of subs. C of art. XIV of the Agreement shall govern the rights and obligations of the Party.

D. Upon entry into force, the Agreement replaces and terminates the Interim Agreement.

Art. XIX Miscellaneous Provisions

The official and working languages of the ITSO are English, Spanish and French.

B. The rules of procedure of the executive body shall provide for the prompt distribution to all Parties of copies of all documents of the ITSO in accordance with their requests.

C. In accordance with the provisions of Resolution 1721 (XVI) of the General Assembly of the United Nations, the executive body shall provide information to the Secretary-General of the United Nations and the specialized agencies concerned an annual report On the activities of the ITSO.

Art. XX Depositary

The Government of the United States of America is the Depositary of the Agreement, with which the declarations under subs. B of art. Article XVII of the Agreement, instruments of ratification, acceptance, approval or accession, applications for provisional application, and notifications of ratification, acceptance or approval of amendments, decisions of Withdrawal of the ITSO or decisions to terminate the application on a provisional basis of the Agreement.

(b) This Agreement, of which the English, Spanish and French texts are equally authentic, shall be deposited in the archives of the Depositary. It shall transmit certified copies of the text of this Agreement to all Governments which have signed or have deposited their instruments of accession, as well as to the International Telecommunication Union, and shall notify all These Governments, as well as the International Telecommunication Union, the signatures, declarations under subs. B of art. XVII of the Agreement, the deposit of instruments of ratification, acceptance, approval or accession, applications for provisional application, the beginning of the sixty-day period referred to in subs. A of art. XVIII of the Agreement, the entry into force of the Agreement, notifications of ratification, acceptance or approval of amendments, entry into force of amendments, decisions to withdraw ITSO, withdrawals, and decisions of Terminate the provisional application of the Agreement. The notification of the beginning of the sixty-day period shall be made on the first day of that period.

C. Upon the entry into force of this Agreement, the Depositary shall register the Depositary with the United Nations Secretariat in accordance with Art. 102 of the United Nations Charter.

Art. XXI Duration

This Agreement shall remain in force for at least 12 years from the date of the transfer of the ITSO space system to the Company. The Assembly of the Parties may terminate this Agreement from the twelfth anniversary of the date of the transfer of the ITSO space system to the Corporation by a vote of the Parties pursuant to s. F of art. IX. Such a decision is considered to be a matter of substance.

In witness whereof, The respective Plenipotentiaries, meeting in Washington, having submitted their full powers recognized in good and due form, have signed this Agreement.

Dated at Washington on the twentieth day of the month of August mil nine hundred and seventy-one.

(Suivent signatures)

Annex A

Provisions on dispute settlement

Art. 1

The only parties to an arbitration proceeding under the provisions of this Annex shall be those referred to in Art. XVI of the Agreement.

Art. 2

An arbitration tribunal consisting of three members, duly established in accordance with the provisions of this Annex, shall be competent to award an award in respect of any dispute that may be brought before it under the provisions of Art. XVI of the Agreement.

Art. 3

A. Sixty days before the opening date of the first ordinary session of the Assembly of the Parties and of each subsequent ordinary session of the Assembly, each Party may submit to the executive body the names of two experts Shall be available, during the period between the end of each session and the end of the second ordinary session of the Assembly of the Parties, to ensure the chairmanship of courts established under the Present Annex or to sit on the Annex. On the basis of the names so submitted, the executive body shall draw up a list of all such persons, together with any biographical information furnished by the submitting Party, and shall circulate the list to all Parties no later than 30 days before the date of the Date of opening of the said session. If, during the sixty days preceding the date of the opening of the session of the Assembly of the Parties, a designated person becomes, for any reason, unavailable for the purposes of choosing to be a member of the group of experts, the Party having Submitted the name of the person may, no later than fourteen days before the date of the opening of the session of the Assembly of the Parties, submit the name of another legal expert.

B. On the basis of the list referred to in par. In this Article, the Assembly of the Parties shall select eleven persons for the purpose of forming a group of experts in which the chairmen of the courts shall be chosen and shall select an alternate for each of those persons. The members of the expert group and the alternates shall carry out their duties during the period of time stipulated in s. In this section. If a member becomes unavailable for the purpose of serving on the panel, the member shall be replaced by the alternate member.

C. The Executive Body shall invite, as soon as possible after they have been selected, the members of the Group of Experts to meet in order to elect their Chair. Panel members may participate in face-to-face or electronic meetings. For any meeting of the Group of Experts, a quorum shall be present when nine of the eleven members are present. The group of experts shall appoint the chairman of the group, who shall be elected by secret ballot at one or, if necessary, several rounds when he or she has received at least six votes. The chairman of the designated group shall remain in office until the end of his term as a member of the expert group. The expenditure of the meeting of the expert group is considered to be administrative expenditure of the ITSO.

D. If a member of the expert group and his or her alternate become unavailable for the purpose of serving in the group, the Assembly of the Parties shall provide for vacancies on the basis of the list referred to in par. In this section. Any person chosen to replace a member or substitute who has not been able to complete his or her term of office shall carry out the duties of the latter until the expiration of the term of office of his predecessor. In the event that the seat of the chairman of the group of experts becomes vacant, the members of that group shall be able to appoint one of them in accordance with the procedure described in par. C of this article.

E. In selecting the members of the panel of experts and alternates, under s. B or d of this Article, the Assembly of the Parties or the Council of Governors shall endeavour to ensure that the composition of the expert group may always reflect adequate geographical representation and the main systems Legal representation among Parties.

(f) Any member of the panel of experts or any alternate members of an arbitral tribunal, at the expiration of its term of office, shall remain in office until the conclusion of any arbitration proceedings before the court.

Art. 4

A. Any applicant who wishes to submit a legal dispute to arbitration shall address to each defendant and to the executive body a file containing:

I.
A presentation describing in detail the dispute referred to arbitration, the reasons why each defendant is required to participate in the arbitration and the heads of the application;
Ii.
A statement setting out the grounds on which the subject matter of the dispute falls within the jurisdiction of the court to be established under this Annex and the reasons why the Court shall retain the heads of the application if it decides in The applicant's favour;
Iii.
A statement explaining why the plaintiff was unable to resolve the dispute within a reasonable period of time, either amicably or by means other than arbitration;
Iv.
Evidence of the consent of the parties in the case of any dispute under s. XVI of the Agreement, their consent is a condition of recourse to the arbitration procedure described in this Annex;
V.
The name of the person designated by the requesting party to sit in the court.

B. The Executive Body shall promptly distribute to each of the Parties and to the Chair of the Group of Experts a copy of the file submitted pursuant to subs. In this section.

Art. 5

A. Within 60 days after the date of receipt of the copies of the file referred to in subs. A of art. 4 by all defendants, the defendant designates a person to sit in the court. Within the same period, the defendants may, jointly or individually, provide each party and the executive body with a document containing their response to the submissions referred to in s. A of art. 4 of this Annex, including any counterclaim arising out of the subject-matter of the dispute. The Executive Body shall, without delay, provide the Chairman of the Group of Experts with a copy of the said document.

B. In the event that the defendant has not made such a designation within the period allowed, the Chairman of the panel shall appoint an expert from among those whose names have been submitted to the executive body in accordance with subs. A of art. 3 of this Annex.

C. Within 30 days of their appointment, the two members of the tribunal shall agree to choose from among the members of the expert group constituted in accordance with art. 3 of this Annex, a third person who serves as the presiding officer of the Tribunal. In the absence of an agreement within that period, either of the two appointed members may refer the matter to the Chairman of the expert group, which shall, within ten days, designate a member of the expert group, other than himself, to carry out the functions of President of the Tribunal.

D. The tribunal shall be constituted upon the appointment of its President.

Art. 6

A. When 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:

I.
If the vacancy arises from the withdrawal of a member appointed by a party to the dispute, the member shall select a replacement within ten days after the vacancy occurs;
Ii.
If the vacancy arises from the withdrawal of the chairman of the court or another member of the court appointed by the chairman of the panel of experts, a replacement shall be chosen from among the members of the group in accordance with the terms and conditions laid down respectively. C or b of art. 5 of this Annex.

B. If a vacancy occurs in the court for any reason other than those provided for in s. Under this article, or if it is not provided with a vacancy that has become vacant under the conditions set out in that paragraph, the members of the court remaining in office may, at the request of one of the parties, continue the proceedings and render the award of the Court, notwithstanding the provisions of s. 2 of this Annex.

Art. 7

A. The court shall decide on the date and place of its meetings.

B. The proceedings shall be held in camera and all that is presented to the court shall be confidential. However, they may attend the proceedings and have disclosed all documents and documents submitted by the ITSO, and the Parties that are parties to the dispute. Where the ITSO is a party to the procedure, all Parties may attend and communicate all that has been submitted.

C. In the event of controversy over the jurisdiction of the court, the court shall consider this matter as a matter of priority and render its decision as soon as possible.

D. The procedure 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.

E. The proceedings shall commence with the submission of the applicant's brief containing 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 plaintiff may submit a reply to the respondent's Counter-Memorial. Additional pleadings are presented only if the court considers it necessary.

F. The court may hear and dispose of counterclaims arising directly from the subject-matter of the dispute, provided that they fall within its jurisdiction as defined in s. XVI of the Agreement.

G. If, in the course of the proceedings, the parties reach an agreement, the court shall record the agreement in the form of an award given with the consent of the parties.

H. At any point in the proceedings, the court may terminate the proceedings if it decides that the dispute exceeds the limits of its jurisdiction as defined in s. XVI of the Agreement.

I. The proceedings of the court are secret.

J. The award and 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 award may present his or her opinion in writing separately.

The court shall communicate its award to the executive body which distributes it to all Parties.

The court may adopt the additional rules of procedure necessary for the conduct of the arbitration and compatible with those established by this Annex.

Art. 8

If a party does not act, the other party may apply to the court for an award in his favour. Before sentencing, the Tribunal ensures that the case falls within its jurisdiction and that it is founded in fact and in law.

Art.

Any party not party to a dispute, or the ITSO, if it considers that it has a significant interest in the settlement of the case, may apply to the court for leave to intervene and become an additional party to the case. The Court shall grant that application if it considers that the applicant has a substantial interest in the settlement of the case.

Art. 10

The court may, either at the request of a party or on its own initiative, appoint the experts whose assistance it considers necessary.

Art. 11

Each Party and the ITSO 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.

Art. 12

Before making its award, the court may, during the course of the examination of the case, indicate any provisional measures which it considers capable of protecting the respective rights of the parties to the dispute.

Art. 13

A. The sentence of the court shall be based on:

I.
This Agreement;
Ii.
Generally accepted legal principles.

B. The award of the court, including any amicable settlement between the parties referred to in s. G of art. 7 of this Annex is mandatory for all parties, who must comply with them in good faith. Where the ITSO is a party to a dispute and the court finds that a decision by one of its organs is null and void because it is not authorized by the Agreement or because it is not in conformity with the Agreement, the award of the Court is mandatory for all Parties.

C. In the event of disagreement as to the meaning or scope of the award, the court that rendered the award shall interpret it at the request of any party to the dispute.

Art. 14

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 on the same side more than one plaintiff or more of a defendant, the court shall divide the costs between the applicants or the defendants. Where the ITSO is a party to a dispute, its costs and related to the arbitration shall be regarded as an administrative expenditure of the ITSO.


Scope of application on 5 November 2015 3

States Parties

Ratification

Accession (A)

Signature without reservation of ratification (If)

Entry into force

Afghanistan

26 March

1973 A

26 March

1973

South Africa

August 20

1971 If

12 February

1973

Algeria

19 December

1972

12 February

1973

Germany

July 2

1973

July 2

1973

Angola

23 September

1977 A

23 September

1977

Saudi Arabia

August 24

1972 A

12 February

1973

Argentina

13 December

1972

12 February

1973

Armenia

July 14

1993 A

July 14

1993

Australia

August 20

1971 If

12 February

1973

Austria

22 December

1972

12 February

1973

Azerbaijan

13 April

1992 A

13 April

1992

Bahamas

30 May

1985 A

30 May

1985

Bahrain

August 23

1993 A

August 23

1993

Bangladesh

1 Er March

1976 A

1 Er March

1976

Barbados

19 January

1973 A

12 February

1973

Belgium

27 December

1972

12 February

1973

Benin

12 May

1987 A

12 May

1987

Bhutan

23 June

1992 A

23 June

1992

Bolivia

19 December

1974 A

19 December

1974

Bosnia and Herzegovina

6 March

1996 A

6 March

1996

Botswana

April 14

1995 A

April 14

1995

Brazil

20 December

1972

12 February

1973

Brunei

7 April

1994 A

7 April

1994

Burkina Faso

27 October

1977 A

27 October

1977

Cameroon

7 February

1973

12 February

1973

Canada

August 20

1971 If

12 February

1973

Cape Verde

19 February

1991 A

19 February

1991

Chile

August 18

1972

12 February

1973

China

August 16

1977 A

August 16

1977

Cyprus

1 Er March

1974 A

1 Er March

1974

Vatican City

21 January

1972

12 February

1973

Colombia

May 16

1974

May 16

1974

Comoros

25 June

1998 A

25 June

1998

Congo (Brazzaville)

26 October

1977 A

26 October

1977

Congo, Kinshasa

August 20

1971 If

12 February

1973

Korea (North)

24 May

2001 A

24 May

2001

Korea (South)

12 December

1972

12 February

1973

Costa Rica

April 25

1972

12 February

1973

Côte d' Ivoire

15 December

1972

12 February

1973

Croatia

14 December

1992 A

14 December

1992

Cuba

13 November

2000 A

13 November

2000

Denmark

29 November

1972

12 February

1973

Egypt

3 January

1973

12 February

1973

El Salvador

19 January

1977 A

19 January

1977

United Arab Emirates

12 May

1976 A

12 May

1976

Ecuador

March 14

1972

12 February

1973

Spain

30 November

1972

12 February

1973

Estonia

10 April

2007 A

10 April

2007

United States

August 20

1971 If

12 February

1973

Ethiopia

13 November

1972

12 February

1973

Fiji

4 May

1978 A

4 May

1978

Finland

17 January

1973

12 February

1973

France

18 September

1972

12 February

1973

Gabon

20 April

1972

12 February

1973

Gambia

18 July

2001 A

18 July

2001

Georgia

28 June

2001 A

28 June

2001

Ghana

12 December

1973 A

12 December

1973

Greece

29 November

1972

12 February

1973

Guatemala

20 December

1972

12 February

1973

Guinea

July 14

1980 A

July 14

1980

Equatorial Guinea

11 December

1996 A

11 December

1996

Guinea-Bissau

17 July

2001 A

17 July

2001

Haiti

3 October

1974

3 October

1974

Honduras

6 May

1980 A

6 May

1980

Hungary

26 January

1994 A

26 January

1994

India

December 23

1971 If

12 February

1973

Indonesia

August 20

1971 If

12 February

1973

Iraq

6 June

1973 A

6 June

1973

Iran

12 December

1972

12 February

1973

Ireland

18 February

1972

12 February

1973

Iceland

7 February

1975

7 February

1975

Israel

26 September

1972

12 February

1973

Italy

4 June

1973

4 June

1973

Jamaica

14 December

1972 A

12 February

1973

Japan

27 June

1972

12 February

1973

Jordan

29 November

1971

12 February

1973

Kazakhstan

22 August

1994 A

22 August

1994

Kenya

26 November

1971 If

12 February

1973

Kyrgyzstan

23 May

1994 A

23 May

1994

Kuwait

2 December

1971

12 February

1973

Lebanon

11 June

1974

11 June

1974

Libya

9 June

1975 A

9 June

1975

Liechtenstein

8 December

1972

12 February

1973

Luxembourg

29 December

1972

12 February

1973

Madagascar

February 9

1973 A

12 February

1973

Malaysia

August 20

1971 If

12 February

1973

Malawi

July 16

1984 A

July 16

1984

Mali

July 6

1976 A

July 6

1976

Malta

20 January

1995 A

20 January

1995

Morocco

August 20

1971 If

12 February

1973

Mauritius

2 September

1986 A

2 September

1986

Mauritania

August 20

1971 If

12 February

1973

Mexico

20 December

1972

12 February

1973

Micronesia

8 September

1993 A

8 September

1993

Monaco

1 Er May

1972

12 February

1973

Mongolia

September 5

1997 A

September 5

1997

Montenegro

22 October

2009 A

22 October

2009

Mozambique

15 November

1989 A

15 November

1989

Namibia

3 December

1993 A

3 December

1993

Nepal

1 Er March

1989 A

1 Er March

1989

Nicaragua

13 September

1972

12 February

1973

Niger

April 14

1980 A

April 14

1980

Nigeria

25 October

1972 A

12 February

1973

Norway

20 June

1972

12 February

1973

New Zealand

7 March

1972

12 February

1973

Oman

3 January

1975 A

3 January

1975

Uganda

April 6

1972

12 February

1973

Uzbekistan

7 May

1997 A

7 May

1997

Pakistan

6 December

1971

12 February

1973

Panama

29 May

1975 A

29 May

1975

Papua New Guinea

24 March

1983 A

24 March

1983

Paraguay

18 July

1977 A

18 July

1977

Netherlands

13 October

1971

12 February

1973

Aruba

25 May

1973

23 May

1973

Curaçao

25 May

1973

23 May

1973

Caribbean (Bonaire, Sint Eustatius and Saba)

25 May

1973

23 May

1973

Sint Maarten

25 May

1973

23 May

1973

Peru

19 December

1972

12 February

1973

Philippines

12 December

1972

12 February

1973

Poland

15 December

1993 A

15 December

1993

Portugal

29 June

1972

12 February

1973

Qatar

2 February

1976 A

2 February

1976

Central African Republic

13 March

1973 A

13 March

1973

Dominican Republic

August 20

1971 If

12 February

1973

Czech Republic

1 Er January

1993 S

1 Er January

1993

Romania

7 May

1990 A

7 May

1990

United Kingdom

February 16

1972

12 February

1973

Russia

2 April

1992 S

2 April

1992

Rwanda

2 September

1986 A

2 September

1986

Senegal

15 November

1972

12 February

1973

Serbia

22 June

1972

12 February

1973

Singapore

9 December

1971

12 February

1973

Somalia

March 27

1981 A

March 27

1981

Sudan

August 20

1971 If

12 February

1973

Sri Lanka

15 December

1972 A

12 February

1973

Sweden

19 May

1972

12 February

1973

Switzerland

27 July

1972

12 February

1973

Swaziland

18 May

1988 A

18 May

1988

Syria

August 20

1971 If

12 February

1973

Tajikistan

22 February

1996 A

22 February

1996

Tanzania

9 January

1973

12 February

1973

Chad

9 June

1977 A

9 June

1977

Thailand

16 November

1972

12 February

1973

Togo

March 5

1987 A

March 5

1987

Trinidad and Tobago

August 20

1971 If

12 February

1973

Tunisia

30 January

1973

12 February

1973

Turkey

26 September

1974

26 September

1974

Uruguay

7 December

1982 A

7 December

1982

Venezuela

22 January

1973

12 February

1973

Vietnam

3 January

1973

12 February

1973

Yemen A

August 20

1971 If

12 February

1973

Zambia

1 Er November

1972 A

12 February

1973

Zimbabwe

15 March

1989 A

15 March

1989

A 22.05.1990: Unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen in the Republic of Yemen.


RO 1973 813; FF 1972 I 273


1 RO 1973 812
2 RO 2010 3593
3 RO 1973 813 2026, 1975 1996, 1976 2862, 1979 1674, 1982 1578, 1985 278, 1989 1163, 1990 1876, 2010 3609, 2015 5997. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status November 5, 2015