Satellites Mobile Communication International Organization Through Agreement And Operating Agreement Changes In Approved Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. Subsequent Changes, If Any

Original Language Title: UYDULAR ARACILIĞI İLE MOBİL HABERLEŞME ULUSLARARASI TEŞKİLÂTI SÖZLEŞMESİ VE İŞLETME ANLAŞMASINDA YAPILAN DEĞİŞİKLİKLERİN ONAYL Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değiş

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4607.html

Law No. 4607

Acceptance Date: 11/28/2000

Article 1 - International Mobile Satellite Organization and Brokerage (INMARSAT) has been found appropriate to approve the Agreement and the amendments to the Operating Agreement.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.

SATELLITES MOBILE COMMUNICATION INTERNATIONAL ORGANIZATION THROUGH AMENDMENTS TO THE CONVENTION
Situated in the title
Agreement "(Inmarsat)" abbreviation is derived from the text.
third and fourth paragraphs of the Preamble are deleted. The fifth paragraph of
introduction as the third paragraph is replaced with the following text:
radio frequency spectrum and the most effective of the satellite orbits the possibilities and rights of the appropriate use and all the nations of telecommunications users the most efficient and economical through the use of the most advanced suitable space technology for the benefit DETERMINED to provide equipment, sixth and seventh paragraphs of the introduction
it has been removed from the text.
Following new text for the fourth, fifth, sixth, seventh, eighth and ninth were added to the preamble paragraphs.
Satellite Brokerage and Mobile Communications International Organization in accordance with its original purpose, from time to time changes as at Sea, 1974 Safety of Life at Global Maritime Distress and Safety System of the International Convention (GMDSS) time in order to meet the radiocommunications requirements of time, as amended International Telecommunication Union Home Agreement and including distress and safety communication facilities in the specified Radio Regulations of the Convention, küresl a mobile satellite communications system established taking into account,
Organization's air traffic management and aircraft operational control (air navigation safety services), including; air navigation and by providing land mobile satellite communications, which led to the original purpose even further and also by RECALLING that also provide services to locate the radio,
commercial in order to survive and the Global Maritime Distress and Safety System so as a basic principle (GMDSS ) in order to ensure the continuity of maritime satellite distress and safety communications services; Increased competition in the provision of mobile satellite services of Inmarsat satellite system that made it necessary to run a company through which is defined in Article 1 ACCEPTED BY,
Company, be no discrimination based on nationality, to move to exclusively peaceful purposes, to investigate the administration of mobile satellite wherever needed communication services and fulfill other fundamental principles such as fair competition with the intention,
Company, by taking into account the accepted commercial principles, operate on a sound economic and financial basis that emphasis,
Company, Global Maritime Distress and Safety System (GMDSS) completely fulfill their obligations regarding the provision of services and some other basic principle to the need for intergovernmental oversight over the company in order to ensure compliance APPROVAL bY
Article 1 - Definitions is amended as follows. Article 1


Definitions For the purposes of this Convention:
(a) "Organization", Article 2 refers to the intergovernmental organization established pursuant to Article.
(B) the "Company", established according to the Inmarsat satellite system operators and national law refers to the presence of the company or institution in nature.
(C) "Party" means a State for which this Convention enters into force.
(D) "Public Services Agreement", Article 4 (1) of the Agreement made between the Company and the Organization refers to as mentioned.
(E) "GMDSS", created by the International Maritime Organization means the Global Maritime Distress and Safety System.
Article 2 - Establishment of Inmarsat, is replaced by the following new title and text. Article 2 Establishment of the Organization


In this Convention, "the Organization" International Mobile Satellite Organization are herein referred to as, was established with this document.
Article 3 - Purpose, is amended as follows. Article 3


Organization Purpose The purpose is guaranteeing the fulfillment by the Company of the basic principles which are referred to in this Article;

A) from time to time changes as at Sea, 1974 Safety of Life International Convention on again from time to time undergo changes related to the GMDSS International Telecommunication Union Main Agreement and especially Radio Regulation provisions as defined in the contract, guarantee of ensuring the continuation of the global maritime distress and safety communications service be,
b) provision without service discrimination based on nationality,
c) exclusively to act for peaceful purposes,
d) emerging emphasis essential to the country in rural areas and remote areas, mobile satellite communications the required service everywhere studying the award,
e) in accordance with applicable laws and regulations, the company operates in accordance with fair competition,
following Articles are deleted:
Article 4: parties and Assigned Organization Relationship Between
Article 5: Organization of Business and
financial Principles Article 6: Provision of Space Segment Article 7
:
be able to use the Space Segment Article 8 Other Space Segments
new Article 4 is the following:

Article 4 Implementation of Basic Principles | || 1. General with the approval Organization, in order to provide a public service to make the Agreement and Article 3 of the Article in the fulfillment of the basic principles of monitoring by the Organization and the Company as specified by the Company and also in order to implement the other provisions of this Agreement shall perform other such arrangements as may be necessary.
2. countries where the Company's Center Party, in accordance with their national law, shall take appropriate measures as may be necessary to ensure the continuation of the 3rd specified in Article GMDSS services and the fulfillment of other basic principles.
Article 9 - Structure, is renumbered as new Article 5.
The new Article 5 (b) and (c) removing Article 5 paragraph the following new subparagraph (b) has been added.
B) Secretariat headed by a Director.
Article 10 - General Assembly - Formation style and Meetings is renumbered as new Article 6.
New Article 6 (2) is replaced with the following text and the following new (3) The third paragraph has been added.
2. A regular meeting of the General Assembly will be held every two years. Extraordinary meetings will be convened on the request by the Director or the request of one third of the Parties or the General Assembly in accordance with the principles determined by the Procedures. 3
. All parties, regardless of where it would be, present in the General Assembly and have the right to join them. The arrangements made by the host country will be meeting shall be consistent with these obligations.
Article 11 - General Assembly-Procedure, is renumbered as new Article 7.
Article 12 - General Assembly-Functions, is renumbered as new Article 8, and replaced with the following text. :
Article 8
General Assembly-Functions
General Assembly's duties will include:
a) by taking into account recommendations made Company of the Organization's objectives, general policies and the objectives of long-term 3rd article on the basis of the principles set evaluate and revise related to the Company's operations;
B) Article 4 of the Article (1) paragraph, the contract of the Public Services Agreement, including the approval of the replacement and termination; 4 shall take all measures necessary in order to ensure the fulfillment by the basic principles laid down in Article Company or to determine the rules;
C) whether or not the State party to the Organization and to decide upon questions concerning formal relationships between international organizations;
D) In ​​accordance with Article 18 of the present Convention to decide on any amendments to this Convention;
E) to appoint a Director in accordance with Article 9 and the dismissal of the Director;
And
f) present to fulfill the duties entrusted to it by any provisions of the Convention.
The following article has been removed from the text.
Article 13: Article 14 of Council-Formation
:
Council-Procedure Article 15: The Council Article 16-Duties
:
General Directorate Article 17 Representation at Meetings The following new Article 9
It was added: Article 9

1
Secretariat. The appointment time is 4 years or Director General Assembly agreed period.
2. Director of the Organization's legal representative and is responsible for the execution of the authorized officials of the Secretariat and shall be responsible to the General Assembly under its administration.
3
. Director, in line with the guidance and instructions of the General Assembly, the organizational structure, administrative staff and officers and workers, consultants and advisers to determine the working conditions and standards, and will appoint the Secretariat staff.
4. Director and the Secretariat to be taken into account in the appointment of other members of the main issues; honesty, competency requirements and ensuring the highest standards of efficiency.
5. Organization, the General Assembly will be approved by the Parties to set up the Secretariat and the Organization, the Director and the other officials and other parties to fulfill their duty to their country representatives will be recognized in the host country territory all kinds of opportunities, we will make an agreement on the privileges and immunities. If you host the secretariat moved to another territory where the government's agreement will end.
6. Paragraph 5 in all Parties other than the Party that the said agreement, the Organization of the Director, personnel of the Organization for staff privileges their experts and representatives of the Parties have the parties to fulfill their duties while they are in the territory and a protocol will be signed on exemptions. The protocol will be independent of this Agreement and shall include provisions relating to termination.
Article 18 - Meeting Costs, renumbered as Article 10 and replaced with the following text. Article 10 Charges


1. The Organisation of Public Services Agreement, we will make arrangements that will be paid by the Company of costs related to the following:
a) Secretariat's establishment and operation,
b) in the General Assembly session, and
c) In accordance with Article 4 The Company's basic principles implementation of measures to ensure the fulfillment of the will of the Organization.
2. Parties, the costs associated with their participation in the General Assembly will meet them.
Following Articles are deleted:
Article 19: Determination of Fee Article 20
:
Procurement Article 21 Inventions and Technical Information
Article 22. - Liability, is renumbered as Article 11 and the following It has been replaced with text.
Article 11
Responsibility
Parties competence framework regarding they may be non-Parties or natural or legal persons represent in themselves and, except for any liability that may arise from the Treaty between unrelated parties, responsible for the Organization's or the Company's activities and obligations they will not. However, these provisions represent non birtaraf will be in to, or natural or legal person in the Party should pay compensation in accordance with such a treaty does not prevent recourse to the rights that under this treaty against any other Party.
Following Articles are deleted: Article 23
:
Excluded Costs Article 24 Audit of accounts
Article 25 - Legal Personality, is renumbered as new Article 12 and replaced with the following text: Article
12

legal entity Organization shall have legal personality. To fulfill such need of their duties, in particular, make contracts, transported and to acquire real estate, rent to retain and make savings related to them, to be a party in the case and the State or make agreements with international organizations competent will have.
The following items are deleted:
Article 26: Privileges and Immunities
Article 27: Other International Organizations Relations with the new Article renumbered as 13 and is replaced with the following text:
Article 13
Other International Relations with institutions
organization, the United Nations organization and the section related to the use with Objective Peaceful her Atmosphere Beyond Space and Ocean Area, will make the Specialized agencies and other international organizations to cooperate in matters concerning the common interests of all nations.
Article 28 - Notification to the International Telecommunication Union, it has been removed from the text.
Article 29 - Withdrawal, is renumbered as new Article 14 and replaced with the following text. Article 14


Withdrawal Any Party may, by notification in writing to the Depositary denounce zamanteşkilât he wants with his own desire, and such withdrawal shall take effect from the date the notice is received by the Depositary.
The following article has been removed from the text:
Article 30: Suspension and Termination Alma

Article 31 - Settlement of Disputes, a new article has been renumbered 15 and replaced with the following text:
Article 15
Dispute Resolution
as Parties with respect to any matter referred to in this Agreement in or out of the Organization by the Parties disputes should be settled by negotiations between the parties concerned. If a solution has not been reached within one year from the date on which any side wants a solution and the parties to the dispute; a) in disputes between the Parties, the dispute, if they do not accept to be referred to the International Court of Justice; or b) In other disputes, if they can not agree on any other procedural matters for the solution of the dispute; If they agree with the parties to the dispute submitted to arbitration in accordance with the Annex to this Agreement.
Article 32 - Signing and Ratification, is renumbered as new Article 16 and made the following changes: Normative Considerations
Item title was changed as necessary.
No. 3 and 4 li paragraph has been canceled.
canceled by paragraph 5 has been replaced with the following text:
5. It can not be any reservations to the Convention.
Article 33 - Entry into Force, is renumbered as new Article 17.
Article 34 - Amendments, is renumbered as new Article 18 and replaced with the following new text. Article 18 Changes


1. Any Party, which can be found in the proposed amendment to the Convention and these proposals will be sent to all other Parties by the Director and the Company. Subsequently, the General Assembly, the amendment not earlier than six months, will discuss taking into account the recommendation of the Company. This time, a special status in the General Assembly substantive decision by up to three months.
2. If the General Assembly accepted, the amendment adopted by the General Assembly to change the date in two-thirds of the States Parties considered documents face of receipt by the Depositary shall enter into force twenty days later. Following the entry into force of amendments will be binding on the Parties which have accepted it. During the General Assembly's adoption of the changes to the other States Parties which case the change will be accepted as proof of receipt of the Depositary binding.
Article 35 - Depositary, is renumbered as new Article 19.
The new Article 19 (2) and (3) No. li paragraph is replaced with the following text. Article 19 Depositary


2. Depositary shall promptly notify all parties of the following aspects:
a) Any signature of the Convention.
B) ratification, acceptance, approval or issuance of any document relating to participation.
C) the entry into force of this Agreement.
D) The adoption and entry into force of an amendment to the Convention.
E) any notification of withdrawal.
F) Other notifications and communications relating to the contract.
3) Depositary after the entry into force of an amendment to the Convention, the United Nations Law of the registration of a certified copy of the amendments under Article 102 of the United Nations for publication will be sent to the Secretariat.
Contract Amendment of the title is replaced by the following new title: the
AGREEMENT Article 15 of the WORD ABOUT
SETTLEMENT OF THE DISPUTE which METHODS
Annex, Article 1 is replaced with the following new text:
Article 1
Contract to disputes within the scope of Article 15 shall be viewed in a tribunal consisting of three members.
Annex 2 of the Article is replaced with the following new text:
Article 2
plaintiffs who wish to apply to the arbitral procedure to a dispute or claimant group, each respondent and the Secretariat shall send to prepare a document containing the following: || | a) a full description of the dispute, the cause and take the required measures, each defendant must attend court;
B) of the court's jurisdiction in the dispute and why the measures requested entry into the tribunal by the claimant, the reasons for its adoption;
C) other than the plaintiff referee procedure, a statement about the meeting or any other cause of dispute procedures çözümleyemeyiş;
D) if it is necessary for the Court to indicate agreement or consent of the disputants that document;
E) the name of the person designated by the plaintiff to participate as a member of the Court.
Secretariat shall send to all parties to immediately forward a copy of this document.

Annex to the 3rd Article (1) paragraph is replaced with the following new text;
1. 2 nd of receipt by the defendant and all the documents mentioned in Article sixty-day period in which the defendants together, will appoint a person to participate as a member of the tribunal. During this time, the defendants together or individually, each plaintiff or the Secretariat, given to the individual document referred to in Article 2 of the common responses and counter-claims or disputes arising out of a document that can be sent as well.
Annex, Article 5 (2), (6), (8) and (11) of paragraph is replaced with the following new text:
2. The proceedings will be conducted in secret and presented to the court and everything would be kept confidential. However, be present at the hearing and the Organization shall have the right to use the submitted documents. If the disputants Organization, all Parties shall have the right to participate in and benefit from all the documents presented in court.
6. The court will hear the dispute directly related to demand and according to Article 15 of the Convention within its jurisdiction, it will decide on them.
8. The court may at any stage of the proceedings, the dispute, if it is decided that the Article 15 of the Convention itself outside the jurisdiction may stop the proceedings.
11. The court decision will be sent to the Secretariat for distribution to all Parties.
Article 7 of the Annex is replaced with the following new text: Article 7

may apply to the court to be allowed to participate in any Party or the Organization may be the case and the parties. If the court determines that will allow a significant interest in the case of the applicant.
Annex, Article 9 is replaced with the following new text:
Article 9
Parties and the Organization, the court, by any party upon request or on its own savings, will provide all information it deems necessary for the resolution of the execution of, or conflict of the case.
Annex, Article 11 is replaced by the following new text: Article 11

1. The court's ruling will be in accordance with international law and be based on the following:
a) Contract
b) generally accepted principles of law.
2. 5 th Article (7) of the parties in accordance with paragraph, including those made with the agreement, the court decision will be binding on all parties to the dispute and shall be implemented in good faith. The disputants Organization and courts and the decision of any organ of the Organization on the grounds that it is not appropriate to authorize the contract or the contract is null and void decides; The court's decision will be binding on all Parties. 3
. Resolution of a dispute arise about the meaning or scope of the court decision at the request of either party will interpret.
SATELLITES MOBILE COMMUNICATION THROUGH CHANGES IN INTERNATIONAL BUSINESS ORGANIZATION

Article XVII of the Agreement, (2) the provisions of paragraph-entry into force, are amended as follows.
This Agreement, the termination of the contract or the contract changes related to the cancellation of the reference to the Operating Agreement which refers to the case of realization of one of the states to come into force ends.