For the purposes of this Protocol:
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a) "Convention" means the Convention establishing the Europaen
Telecommunications Satellite Organization (EUTELSAT), including its Annexes, opened
for signature at Paris on 15 July 1982;
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b) "Operating Agreement" means the Operating Agreement relating to the European Telecommunications
Satellite Organization (EUTELSAT), including its Annexes, opened for signature at
Paris on 15 July 1982;
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c) "Party to the Convention" means a State for which the Convention is in force or has been provisionally applied;
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d) "Headquarters Party" means the Party of the Convention in whose territory EUTELSAT has established its headquarters;
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e) "Signatory" means the telecommunications entity or the Party that has signed the Operating
Agreement and for which that Agreement is in force or has been provisionally applied;
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f) "Party to the Protocol" means a State for which this Protocol is in force;
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g) "Staff member" means the Director General and any other staff member recruited by
EUTELSAT who is employed exclusively by it, paid by it, and is subject to its Staff
Regulations;
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h) "Representatives" means representatives of Parties to the Convention and of Signatories including their respective heads of delegation, their alternates
and advisers;
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i) "Archives" means all records belonging to or held by EUTELSAT such as documents, correspondence,
manuscripts, photographs, computer programs, films and recordings;
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j) "Official activities" means the activities carried out by EUTELSAT within the framework
of its objectives as defined in the Convention;
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k) "Expert" means a person, other than a staff member, appointed to carry out a specific
task for or on behalf of EUTELSAT and its expense;
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l) "EUTELSAT Space Segment" means the space segment owned or leased by EUTELSAT as defined
in the Convention;
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m) "Property" means anything that can be the subject of a right of ownership, including
contractual rights;
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n) "Director General" means the Director General of EUTELSAT.
Article 2. Inviolability of Archives
The archives of EUTELSAT shall be inviolable wherever located and by whomsoever held.
Article 3. Immunity of EUTELSAT from Jurisdiction and Execution
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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.
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3)
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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;
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b) All other property of EUTELSAT, wherever located and by whomsoever held, shall enjoy
the immunity set out in paragraph 3.a. except in respect of:
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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);
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ii) 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;
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iii) 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
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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.
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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.
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
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1) 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.
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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.
Article 7. Representatives of Parties
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1) Representatives of Parties to the Convention shall enjoy, while performing their official functions and in the course of their
journeys to and from the place of performance of those functions, the following privileges
and immunities:
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a) immunity from arrest or detention, and from seizure of their personal luggage, except
in the case of a grave crime or when found committing, attempting to commit or just
having committed a criminal offence;
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b) immunity from jurisdiction, even after the termination of their mission, in respect
of acts, including 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 a representative, or in respect
of a traffic offence involving such a vehicle and committed by him;
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c) inviolability for all official papers and documents that are related to the official
activities of EUTELSAT;
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d) exemption from immigration restrictions and alien registration;
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e) the same treatment in the matter of currency and exchange control as is accorded to
representatives of foreign governments on temporary official mission;
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f) the same treatment in the matter of customs as regards their personal luggage as is
accorded to representatives of foreign governments on temporary official mission.
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2) The provisions of paragraph 1) shall not apply in relations between a Party to the
Protocol and its representatives. Further, the provisions of sub-paragraphs a), d),
e) and f) of paragraph 1) shall not apply in relations between a Party to the Protocol
and its nationals or permanent residents.
Article 8. Representatives of Signatories
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1) Representatives of Signatories shall enjoy, while performing their official functions
in relation to the work of EUTELSAT and in the course of their journeys to and from
their place of work, the following privileges, exemptions and immunities:
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a) immunity from jurisdiction, even after the termination of their mission, in respect
of acts, including 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 a representative, or in respect
of a traffic offence involving such a vehicle and committed by him;
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b) inviolability for all official papers and documents that are related to the official
activities of EUTELSAT;
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c) exemption from immigration restrictions and alien registration.
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2) The provisions of paragraph 1) shall not apply in relations between a Party to the
Protocol and the representative of the Signatory designated by it. Further, the provisions
of sub-paragraph c) of paragraph 1) shall not apply in relations between a Party to
the Protocol and its nationals or permanent residents.
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3) Provided that the 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.
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4) The Parties to the Protocol are not obliged to accord to their nationals or permanent
residents the privileges and immunities referred to in sub-paragraphs b), d), e),
f) and g) of paragraph 1).
Article 10. Director General
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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:
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a) immunity from jurisdiction, even after the termination of their mission, in respect
of acts, including 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;
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b) inviolability for all official papers and documents that are related to the official
activities of EUTELSAT;
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c) the same treatment in the matter of currency and exchange control as is accorded to
the staff members of intergovernmental organizations;
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d) exemption from immigration restrictions and alien registration.
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. Futhermore,
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.
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2) If privileges and immunities are likely to impede the course of justice, and in all
cases where 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:
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a) the Parties to the Protocol in respect of their representatives and representatives
of their Signatories;
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b) the Assembly of Parties of EUTELSAT, convened if necessary in extraordinary meeting,
in respect of EUTELSAT;
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c) the Board of Signatories of EUTELSAT in respect of the Director General;
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d) the Director General in respect of staff members and experts.
Article 15. Entry, Stay and Departure
The Parties to the Protocol shall take all appropriate measures to facilitate entry,
stay and departure of representatives, staff members and experts.
Article 16. Observance of Laws and Regulations
EUTELSAT and all persons enjoying privileges and immunities under this Protocol shall
respect the laws and regulations of the Parties to the Protocol concerned and cooperate
at all times with the competent authorities of those Parties in order to ensure the
observance of their laws and regulations and to prevent any abuse of the privileges
and immunities provided for in this Protocol.
Each Party to the Protocol reserves the right to take all measures it considers necessary
in the interest of its security.
Article 18. Settlement of Disputes
Any dispute between EUTELSAT and a Party to the Protocol or between two or more such
Parties concerning the interpretation or application of this Protocol that is not
settled by negotiation shall, at the request of any party to the dispute, be submitted
to arbitration in accordance with Article XX and Annex B of the Convention.
Article 19. Arbitration Clause in Written Contracts
When concluding written contracts, other than those concluded in accordance with the
staff regulations or those in which the Director General has expressly waived the
immunity of EUTELSAT from jurisdiction, EUTELSAT shall provide for arbitration. The
arbitration clause shall provide a means of establishing the law and procedure applicable,
the composition of the tribunal, the procedure for the appointment of the arbitrators
and the seat of the tribunal. The execution of the arbitration award shall be governed
by the rules in force in the State in whose territory the award is to be executed.
Article 20. Settlement of Disputes concerning Damage, Non-contractual Liability, or
concerning Staff Members or Experts
Any Party to the Convention may submit to arbitration in accordance with Article XX and Annex B of the Convention any dispute:
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a) arising out of damage caused by EUTELSAT;
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b) involving any other non-contractual liability of EUTELSAT;
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c) involving a staff member or an expert and in which the person concerned can claim
immunity from jurisdiction, if this immunity is not waived.
Article 21. Complementary Agreements
EUTELSAT may conclude with any Party to the Protocol complementary agreements or other
arrangements to give effect to the provisions of this Protocol as regards such Party,
or otherwise to ensure the efficient functioning of EUTELSAT.
Article 22. Signature, Ratification, Accession and Reservations
Article 23. Entry into Force and Duration of the Protocol
Article 24. Entry into Force and Duration for a State
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1) After the date of entry into force of this Protocol, this Protocol shall enter into
force, for a State that has fulfilled the requirements of paragraph 2) of Article
22 of this Protocol, on the thirtieth day after the date of signature not subject
to ratification, acceptance or approval, or of the deposit of an instrument of ratification,
acceptance, approval or accession with the Depositary.
Article 26. Authentic Texts
This Protocol is established in a single original in the English and French languages,
both texts being equally authentic, and shall be deposited with the Depositary who
shall send a certified copy to each Party to the Convention.
