1110-(217)

22 DE SETEMBRO DE 1994

Article 3

Immunity of EVJTELSAT from jurisdiction and execution

I—EUTELSAT shall, in the exercise of its official activities, have immunity from jurisdiction except in the following cases:

a) Where the director general expressly waives such immunity in a particular case;

b) Where a civil action is brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operated on behalf of EUTELSAT, or in respect of a traffic offence involving such a vehicle or means of transport;

c) For the attachment, pursuant to the final order of a court law, of the salaries and emoluments including pensions, owed by EUTELSAT to a staff member or a former staff member;

d) In respect of a counter-claim directly connected • with judicial proceedings initiated by EUTELSAT;

e) For the enforcement of an arbitration award made under article xx of the Convention or article 20 of the Operating Agreement.

2 — Notwithstanding paragraph 1, no action shall be brought in the courts of Parties to the* Protocol against EUTELSAT by Parties to the Convention, signatories or persons acting for or deriving claims from any of them, relating to rights or obligations under the Convention or Operating Agreement.

3 — a) The EUTELSAT space segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action.

b),A\\ other property of EUTELSAT, wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph 3 — a), except in respect of:

i) An attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings brought against EUTELSAT pursuant to paragraph 1; ¿0 Any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of or investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, EUTELSAT; Hi) Expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation does not prejudice the functions and operations of EUTELSAT.

Article 4 Fiscal and customs provisions

I — Within the scope of its official activities, EUTELSAT and its property and income shall be exempt from all direct taxes.

2 — Whenever EUTELSAT makes major purchases of goods or services that are necessary for the performance of its official activities and whose price includes taxes or duties, the Party to the Protocol concerned shall take the measures necessary for the remittance or reimbursement of those taxes or duties. v -r

3 — Within the scope of its official, activities, EUTELSAT shall be exempt from customs duties and taxes on the EUTELSAT space segment and on equipment imported or exported in connection with the launching of satellites for use in the EUTELSAT space segment.

4 —Goods acquired by or on behalf of EUTELSAT within the scope of its Official activities shall be exempt from all prohibitions and restrictions on import, or export.

5 — No exemption shall be accorded in respect of taxes and duties which represent charges for specific services rendered:

6 — No exemption shall be accorded in respect of goods acquired by, or services provided to, EUTELSAT for the personal benefit of staff members.

7 — Goods exempted under this article shall not be transferred* hired out or lent, permanently or temporarily, or sold, except in accordance with conditions' laid down by the Party to the Protocol that granted the exemption. However, this prohibition shall not apply to the transfer of goods between different establishments of EUTELSAT.

8 — Payments from EUTELSAT to signatories pursuant to the Operating Agreement shall be exempt from national taxes by any Party to the Protocol, other than the Party that has designated the Signatory concerned.

Article 5

Funds, currency and securities

EUTELSAT may receive and hold any kind of funds, currency or securities and dispose of them freely in connection with any of its official activities. It may hold accounts in any currency to the extent required for the performance of its official activities.

Article 6

Official communications and publications

I — With regard to its official communications and the distribution of all its documents, EUTELSAT shall enjoy in the territory of each Party to the Protocol treatment not less favourable than that generally accorded to equivalent intergovernmental organizations in the matter of priorities, rates and taxes on mails and all forms of telecommunications, as far as may be compatible with any international agreements to which that Party to the Protocol is a party.

2,— With regard to its official communications, EUTELSAT may employ all appropriate means of communication, including messages in code or cypher. Parties to the Protocol shall not impose any restriction on the official communications of EUTELSAT or on the circulation of its official publications. No censorship shall be applied to such communications and publications.

3 — Establishment and use by EUTELSAT of a radio station in the territory of any Party to the Protocol shall be permitted and shall be in accordance with the,legislation in force in the territory concerned.