The States Parties to this Convention:
Considering the principle set forth in Resolution 1721 (XVI) of the General Assembly
of the United Nations that communication by means of satellites should be available
to the nations of the world as soon as practicable on a global and non-discriminatory
basis,
Considering also the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use
of Outer Space, Including the Moon and Other Celestial Bodies, concluded on 27 January 1967, and in particular Article 1, which states that outer space shall be used for the benefit and in the interests
of all countries,
Determined, to this end, to continue to make provision for the benefit of telecommunications
users of all nations through the most advanced suitable space technology available,
for the most efficient and economic facilities possible consistent with the most efficient
and equitable use of the radio frequency spectrum and of satellite orbits,
Bearing in mind that the International Maritime Satellite Organization (INMARSAT)
has, in accordance with its original purpose, established a global mobile satellite
communications system for maritime communications, including distress and safety communications
capabilities which are specified in the International Convention for the Safety of Life at Sea, 1974, as amended from time to time, and the Radio Regulations specified in the Constitution
and the Convention of the International Telecommunication Union, as amended from time
to time, as meeting certain radiocommunications requirements of the Global Maritime
Distress and Safety System (GMDSS),
Recalling that Inmarsat has extended its original purpose by providing aeronautical
and land mobile satellite communications, including aeronautical satellite communications
for air traffic management and aircraft operational control (aeronautical safety services),
and is also providing radiodetermination services,
Recalling further that in December 1994 the Assembly decided to replace the name “International
Maritime Satellite Organization (INMARSAT)” with “International Mobile Satellite Organization
(INMARSAT)”, and that, although these amendments did not enter formally into force,
the name International Mobile Satellite Organization (Inmarsat) was used thereafter,
including in the restructuring documentation,
Recognizing that, in the restructuring of the International Mobile Satellite Organization,
its assets, commercial operations and interests were transferred without restriction
to a new commercial company, Inmarsat Ltd., while the continued provision of the GMDSS
and adherence to the other public interests by the company have been secured by a
mechanism for intergovernmental oversight by the International Mobile Satellite Organization
(IMSO),
Acknowledging that, by adopting IMO Assembly Resolution A.888(21), “Criteria for the
Provision of Mobile-Satellite Communication Systems in the Global Maritime Distress
and Safety System (GMDSS),” the International Maritime Organization (IMO) has recognized
the need for IMO to have in place criteria against which to evaluate the capabilities
and performance of mobile satellite communication systems, as may be notified to IMO
by Governments for possible recognition for use in the GMDSS,
Acknowledging further that IMO has developed a “Procedure for the Evaluation and Possible
Recognition of Mobile-Satellite Systems Notified for Use in the GMDSS”,
Acknowledging also the desire of Parties to promote the growth of a pro-competitive
market environment in the current and future provision of mobile satellite communications
systems services for the GMDSS,
Affirming that, under such circumstances, there is a need to ensure continuity in
the provision of the GMDSS through intergovernmental oversight,
Acknowledging that IMO, through the Maritime Safety Committee (MSC) at its eighty-first
session, adopted amendments to Chapter V of the International Convention for the Safety of Life at Sea, 1974 relating to the long-range identification and tracking of ships (LRIT), adopted performance
standards and functional requirements for LRIT, and adopted arrangements for the timely
establishment of the LRIT system,
Affirming the willingness of Parties that IMSO may assume the functions and duties
of the LRIT Co-ordinator, at no cost to Parties, in accordance with decisions of IMO,
subject to the terms of this Convention,
Acknowledging that the MSC, at its eighty-second session, decided to appoint IMSO
as the LRIT Co-ordinator and invited IMSO to take whatever action it could in order
to ensure the timely implementation of the LRIT system,