22 DE SETEMBRO DE 1994

1110-(229)

words written and spoken, done by them in the ■exercise of their official functions and within the limits of their duties. However, there shall be no immunity 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 them, or in respect of a traffic offence involving such a vehicle and committed by them;

b) Inviolability for all their official documents and papers;

c) Together with members of their families forming part of their households, the same immunity from restrictions on admission, alien registration and departure formalities as is normally accorded to staff members of intergovernmental organizations; provided that no Contracting Party shall be obliged to apply this provision to its permanent residents.

2 — Representatives of singatories at meetings called by or held under the auspices of INTELSAT shall, in the exercise of their functions, and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:

a) Inviolability for official documents and papers related to the performance of their functions within the scope of the activities of INTELSAT;

b) Together with members of their families forming part of their households, the same immunity from restrictions on admission, alien registration and departure formalities as is normally accorded to staff members of intergovernmental organizations; provided that no Contracting Party shall be obliged to apply this provision to its permanent residents.

3 — The members of an arbitral tribunal and witnesses before that tribunal participating in arbitration proceedings in accordance with annex Oof the Agreement shall, in the exercise of their fuctions, and during their journeys to and from the place of meeting, enjoy the privileges and immunities referred to in paragraphs 1 — a), b) and c).

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 rNTELSAT, the acrtnorities set forth below shall agree to waive such privileges, exemptions and immunities:

a) The Contracting Parties, with respect to 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 v 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 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 60 days of the date of the appointment of the second arbitrator, thé third arbitrator shall be chosen by the Secretary General of the United Nations.

CHAPTER VI Final, provisions

Article 14

1 —This Protocol shall be open for signature until 20 November 1978 by INTELSAT Parties other than the Party in whose territory the headquarters is located.