29 DE ABRIL DE 1995

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Artigo 7.°, n.° 2 — a isenção estabelecida nesta disposição não abrange quaisquer prestações ou benefícios similares às pensões ou rendas nela referidos nem os nacionais portugueses e os residentes permanentes em Portugal;

Artigo 7.°, n.° 3 — o regime de isenção contributiva previsto nesta disposição deverá ser objecto de acordo a celebrar nos termos do artigo 18.°

Aprovada em 16 de Fevereiro de 1995.

O Presidente da Assembleia da República, António Moreira Barbosa de Melo.

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT).

The States Parties to this Protocol:

Having regard to the Convention and the Operating Agreement on the International Maritime Satellite Organization (INMARSAT) opened for signature at London on 3 September 1976 and, in particular, to articles 25 and 26(4) of the Convention;

Taking note that INMARSAT has concluded a Headquarters Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 25 February 1980;

Considering that the aim of this Protocol is to facilitate the achievement of the purpose of INMARSAT and to ensure the efficient performance of its functions;

have agreed as follows:

Article I Use of terms For the purposes of this Protocol:

a) «Convention» means the Convention on the International Maritime Satellite Organization (INMARSAT), including its annex, opened for signature at London on 3 September 1976;

b) «Operating Agreement» means the Operating Agreement on the International Maritime Satellite Organization (INMARSAT), including its annex, opened for signature at London on 3 September 1976:

c) «Party to the Convention» means a State for which the Convention is in force;

d) «Headquarters Party» means the Party to the Convention in whose territory INMARSAT has established its headquarters;

e) «Signatory» means either a Party to the Protocol or an entity designated by a Party to the Protocol for which the Operating Agreement is in force;

J) «Party to the Protocol» means a State for which

this Protocol is in force; g) «Staff member» means the Director General and

any person employed full time by INMARSAT and

subject to its staff regulations;

h) «Représentatives» in the case of Parties to the Protocol, the Headquarters Party and Signatories means representatives to INMARSAT and in each case means heads of delegations, alternates and advisers;

/) «Archives» includes all manuscripts, correspondence, documents, photographs, films, optical and magnetic recordings, data recordings, graphic representations and computer programmes, belonging to or held by INMARSAT;

j) «Officiai activities* of INMARSAT means activities carried out by the Organization in pursuance of its purpose as defined in the Convention and includes its administrative activities;

k) «Expert» means a person other than a staff member appointed to carry out a specific task for or on behalf of INMARSAT and at its expense;

f) «INMARSAT space segment» means the satellites, and tracking, telemetry, command, control, monitoring and related facilities and equipment required to support the operation of these satellites, which are owned or leased by INMARSAT;

m) «Property» means anything lhat can be the subject of a right of ownership, including contractual rights.

Article 2

Immunity of INMARSAT from jurisdiction and execution

1 —Unless it has expressly waived immunity in a particular case, INMARSAT shall, within the scope of its official activités, have immunity from jurisdiction except in respect of:

a) Its commercial activities;

b) 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, INMARSAT, or in respect of a traffic offence involving such means of transport;

c) The attachment, pursuant to the final order of a court of law, of the salaries and emoluments, including pension rights, owed by INMARSAT to a staff member, or a former staff member;

d) A counter-claim directly connected with judicial proceedings initiated by INMARSAT.

2 — Notwithstanding paragraph I, no action shall be brought in the course of Parties to the Protocol against INMARSAT by Parties to the Convention, Signatories or persons acting for or deriving claims from any of them, relating to rights and obligations under the Convention or Operating Agreement.

3 — a) The INMARSAT 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) All other property and assets of INMARSAT, wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph 3, a), except in respect of:

/) An attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings that may be brought against INMARSAT pursuant to paragraph I;

it) Any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of and inves-