22 DE SETEMBRO DE 1994

1110-(227)

whose territory the rNTELSAT headquarters is located, of a Protocol covering privileges, exemptions and immunities; Affirming that the purpose of the privileges, exemptions and immunities covered by this Protocol is to ensure the efficient performance of the functions of INTELSAT;

have agreed as follows:

Article 1 Use of terms

For the purposes of. this Protocol:

a) «Agreements means the Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT), including its annexes, opened for signature by Governments at Washington on August 20, 1971;

b) «Operating Agreement» means the Agreement, including its annex, opened for signature at Washington on August 20, 1971, by Governments or telecommunications entities designated by Governments;

c) «INTELSAT Agreements* means the Agreement, and the Operating Agreement referred to. in a) and b) above;

d) «INTELSAT Party» means a State for which the Agreement is in force;

e) «INTELSAT Signatory» means an INTELSAT Party, or the telecommunications entity designated by an INTELSAT Party, for which the. Operating Agreement is in force;

f) Contracting Party» means an INTELSAT Party for which this Protocol has entered into force;

g) «Staff members of INTELSAT» means the director general and those staff members of the executive organ holding regular or fixed-term appointments for a minimum of one year and who are employed on a full-time basis within the organization, other than persons in the domestic service of INTELSAT;

h) «Representatives of Parties» means representatives of INTELSAT Parties and in each case means heads of delegations, their alternates and advisers;

i) «Representatives of signatories* means representatives of INTELSAT signatories and in each case means heads of delegations, their alternates and advisers;

j) «Property» includes every subject of whatever nature to which a right of ownership can attach, as well as contractual rights;

k) «Archives» includes all records, correspondence, documents, manuscripts, photographs, films, optical and magnetic recordings belonging to or held by INTELSAT.

CHAPTER I INTELSAT'S property and operations

Article 2 Inviolability of archives

The archives of INTELSAT shall be inviolable wherever located.

Article 3

. Immunity from jurisdiction and execution

1'— Within the scope of its activities authorized by the INTELSAT Agreements, INTELSAT shall have immunity from jurisdiction and immunity from execution except:

a) To the extent that the director general shall have expressly waived such immunity from jurisdiction or immunity from execution in a particular case;

b) In respect of its commercial activities;

c) 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 operated on behalf of,

: INTELSAT, or in respect of a traffic offence involving such a vehicle;'

d) In the event of the attachment, pursuant to a decision by the judicial authorities, of the salaries and emoluments owed by INTELSAT to a staff member,

e) In respect of a counter-claim directly connected with proceedings initiated by INTELSAT; or

f) In respect of the enforcement of an arbitration award made under article xvm of the Agreement or article 20 of the Operating Agreement.

2 i—.The property of INTELSAT, wherever located and by whomsoever held, shall be immune:

'■' a) From any form of search, requisition, confiscation and sequestration;

b) From expropriation, except that real property may be expropriated for public purposes and subject to prompt payment of fair compensation;

c) From any form of administrative or provisional judicial constraint, except insofar as may be temporarily necessary in connection with the prevention and investigation of accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, INTELSAT.

Article 4 Fiscal and customs provisions

1 —Within the scope of its activities authorized by the INTELSAT Agreements, INTELSAT and its property shall be. exempt from all national income and direct national property taxation.

2 — When the price of communications satellites purchased by INTELSAT and of components and parts for such satellites to be launched for use in the global system includes.taxes or duties of such a nature that they are normally incorporated in such price, the Contracting Party that has levied the taxes or duties shall take appropriate measures to remit or reimburse to INTELSAT the amount of the identifiable taxes or duties.

3 — INTELSAT shall be exempt from customs duties and other taxes, prohibitions or restrictions imposed by reason of the import or export of communications satellites and components and parts for such satellites to be launched for use in the global system. The Contracting Parties should take all appropriate steps to facilitate customs clearance.

• 4 —The provisions of paragraphs 1, 2 and 3 shall not apply to taxes or duties which are in fact no more than charges for specific services rendered.