S.I. No. 569/2006 - International Telecommunications Satellite Organisation (ITSO) (Privileges and Immunities) Order 2006
Table of Provisions (7)
Statutory Text (7 Articles)
1. The Director General of INTELSAT shall notify all States which have signed, or acceded to, this Protocol of the deposit of each instrument of ratification, acceptance approval or accession, of the entry into force of this Protocol and of any other communications relating to this Protocol.
2. Upon entry into force of this Protocol, the Director General of INTELSAT shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.
3. The original copy of this Protocol, of which the English, French and Spanish texts are equally authentic, shall be deposited with the Director General of INTELSAT, who shall transmit certified copies of the texts of INTELSAT Parties.
In witness whereof the undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.
Done at Washington, on the 19th day of May 1978.
GIVEN UNDER THE OFFICIAL SEAL OF THE GOVERNMENT,
THIS 1st day of November 2006
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This order provides that inviolability exemptions, facilities, immunities, privileges and rights are afforded to the International Telecommunications Satellite Organisation (ITSO).
4. No Contracting Party shall be obliged to accord to its own nationals or to its own representatives the privileges and immunities referred to in paragraphs 1 and 2.
CHAPTER IV : WAIVER
ARTICLE 9
The privileges, exemptions and immunities provided for in this Protocol are not granted for the personal benefit of individuals. If such privileges, exemptions and immunities are likely to impede the course of justice, and in all cases where they may be waived without prejudice to the efficient performance of the functions of INTELSAT, the authorities set forth below shall agree to waive such privileges, exemptions and immunities
(a) the Contracting Parties, with respect of their representatives and the representatives of their Signatories;
(b) the board of Governors, with respect to the Director General of INTELSAT;
(c) the Director General of INTELSAT, with respect to INTELSAT and the other staff members;
(d) the Board of Governors, with respect to the persons participating in arbitration proceedings referred to in paragraph 3 of Article 8.
CHAPTER V : GENERAL PROVISIONS
ARTICLE 10
Precautionary Measures
Each Contracting Party reserves the right to take all necessary measures in the interests of its security.
ARTICLE 11
Co-operation with the Contracting Parties
INTELSAT and its staff members shall co-operate at all times with the competent authorities of the Contracting Parties concerned, in order to facilitate the proper administration of justice to ensure the observance of the laws and regulations of the Contracting Parties concerned and to prevent any abuse of the privileges, exemptions and immunities provided for in this Protocol.
ARTICLE 12
Complementary Arrangements
INTELSAT may conclude with one or more Contracting Parties complementary arrangements to give effect to the provisions of this Protocol as regards such Contracting Party or Contracting Parties, and other arrangements to ensure the efficient functioning of INTELSAT.
ARTICLE 13
Settlement of Disputes
Any dispute between INTELSAT and a Contracting Party or between Contracting Parties concerning the interpretation or application of this Protocol which is not settled by negotiation or by some other agreed method shall be referred for final decision to a tribunal of three arbitrators. One of these arbitrators shall be chosen by each of the parties to the dispute within sixty (60) days of the notification by one party to the other of its intention to refer the dispute to arbitration. The third arbitrator, who shall be the chairman of the tribunal shall be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third within sixty (60) days of the date of the appointment of the second arbitrator, the third arbitrator shall be chosen by the Secretary General of the United Nations.
CHAPTER VI : FINAL PROVISIONS
ARTICLE 14
5. The Contracting Parties shall not be obliged to accord to their nationals or permanent residents the privileges, exemptions and immunities referred to in paragraphs 1 (c), (d), (e) (f) and (g) and in paragraph 3.
6. The Director General of INTELSAT shall notify the Contracting Parties concerned of the names of the staff members to whom the provisions of this Article shall apply. The Director General shall also notify without delay the Contracting Party which grants the exemption provided for under paragraph 1 (d) of this Article of the completion of the official functions of any staff members in the territory of that Contracting Party.
CHAPTER III : REPRESENTATIVES OF INTELSAT PARTIES AND SIGNATORIES AND PERSONS PARTICIPATING IN ARBITRATION PROCEEDINGS
ARTICLE 8
STATUTORY INSTRUMENTS
S.I. No 569 of 2006
International Telecommunications Satellite Organisation (ITSO) (Privileges and Immunities) Order 2006
WHEREAS under
section 4
2A (inserted by the
Diplomatic Relations and Immunities (Amendment) Act 1976
(No. 2 of 1976) as amended by
section 4
of the
Diplomatic Relations and Immunities (Amendment) Act 2006
(No. 10 of 2006)) of the
Diplomatic Relations and Immunities Act 1967
(No. 8 of 1967), the Government may by order make provision to enable international organisations, communities or bodies, their institutions or organs and their property, and persons to have and enjoy in the State any inviolability, exemptions facilities, immunities, privileges or rights provided for in relation to them by an international agreement to which the State is or intends to become a party
AND WHEREAS the International Telecommunications Satellite Organisation is an international organisation, community or body, and the Agreement relating to the International Telecommunications Satellite Organisation done at Washington on 20 August 1971 as amended at Washington on 17 November 2000, is such an agreement.
NOW, the Government, in exercise of the powers conferred on them by the said section 42A hereby order as follows