22 DE SETEMBRO DE 1994

1110-(219)

by EUTELSAT for the latter* s benefit. Parties to the Protocol may take these salaries and emoluments into account for the purpose of assessing the amount of taxes to be applied to income from other sources. Parties to the Protocol are not required to grant exemption from income tax in respect of pensions and annuities paid to former staff members.

3 — Provided that staff members are covered by a social security scheme of EUTELSAT providing adequate benefits, EUTELSAT and its staff members shall be exempt from all compulsory contributions to national social, security schemes, subject to agreements to be concluded with the Party to the Protocol concerned in accordance with article 21 of this Protocol or subject to other relevant provisions in force in the territory of that Party to the Protocol. This exemption does not preclude any voluntary participation in a national social security scheme in accordance with the law of the Party to the Protocol concerned. Neither does it oblige a Party to the Protocol to make payments of benefits under social security schemes to staff.members who are exempt under the provisions of this paragraph and who are not voluntary participants as aforesaid.

4 — The Parties to the Protocol are not obliged to accord to their nationals or permanent residents the privileges and immunities referred to in subparagraphs b), d),e),f) and g) of paragraph I.

Article 10 Director general

1 —In addition to the privileges and immunities provided for staff members under article 9 of this Protocol, the director general shall enjoy: , .

a) Immunity from arrest and detention,.except'when: found committing, attempting to commit or just having committed a criminal offence;

b) Immunity from civil and administrative jurisdiction and execution as enjoyed by diplomatic agents, and full immunity from criminal jurisdiction; however, these immunities shall not apply in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by him, or in respect of a traffic offence involving such a vehicle and committed by him, subject to subparagraph a) above;

c) The same customs facilities as regards his personal luggage as are accorded to diplomatic agents.

2 — The Parties to the Protocol are not obliged to accord to their nationals or permanent residents the immunities and facilities referred to in this article.

■ i

Article 11 Experts .

1 — Experts, while performing their functions in relation to the work of EUTELSAT, and in the course of their journeys to and from the place of their mission shall enjoy the following privileges, exemptions and immunities:

a) Immunity from-jurisdiction, even after the termination of their mission, in respect of acts, inclu-

ding words spoken or written, done by them in the performance of their official functions; however, this immunity shall not apply in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle or other means of transport belonging to or driven by an expert, or in respect of a traffic offence involving such a vehicle and committed by him;

b) Inviolability for all official papers and documents that aré related to the official activities of EUTELSAT;

c) The same treatment in the matter of currency and exchange control as is accorded to the staff members of intergovernmental organizations;

d) Exemption from immigration restrictions and alien registration.

•2 — The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the privileges and immunities referred to in subparagraphs c) and d) of paragraph 1. '

Article 12

Arbitrators and other persons participating in arbitration proceedings

Whenever a dispute is submitted to arbitration in accordance with article xx of the Convention, the appropriate privileges and immunities for arbitrators and other persons participating in arbitration proceedings shall be established in a special agreement between the parties to the arbitration and the Party in whose territory the proceedings are to take place.

Article 13 Notification of staff members and experts

The director general shall inform a Party to the Protocol whenever a staff member or expert takes up or relinquishes his duties in the territory of that Party. Furthermore, the director general shall regularly notify all Parties to the Convention of the names and nationalities of the staff members to whom the provisions of article 9 of this Protocol apply.

Article 14 Waiver

1 — The privileges and immunities provided for in this Protocol are not granted for the personal benefit of individuals but for the efficient performance of their official, functions.'

2 — If privileges and immunities are likely to impede the course of justice, and in all cases they may be waived without prejudice to the purposes for which they have been accorded, the authorities listed below have the right and duty to waive such privileges and immunities:

a) The Parties to the Protocol in respect of their representatives and representatives of their signatories;

b) The Assembly of Parties of EUTELSAT, convened if. necessary in extraordinary meeting, in respect of EUTELSAT;