3. Article
Arhīvu neaizskaramība
INMARSAT arhīvi neatkarīgi no tā, kur tie izvietoti un kā valdījumā atrodas, ir neaizskarami.
- (1)) Unless it has expressly waived immunity in a particular case, INMARSAT shall, within the scope of its official activities, have immunity from jurisdiction except in respect of:
- (2)) Notwithstanding paragraph (I), no action shall be brought in the courts 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.
- (1)) Within the scope of its official activities, INMARSAT and its property and income shall be exempt from all national direct and other taxes not normally incorporated in the price of goods and services.
- (2)) If INMARSAT, within the scope of its official activities, acquires goods or uses services of substantial value, and if the price of these goods or services includes taxes or duties. Parties to the Protocol shall, whenever possible, take appropriate measures to remit or reimburse the amount of such taxes or duties.
- (3)) Within the scope of its official activities, INMARSAT shall be exempt from customs duties, taxes and related charges on the INMARSAT space segment and on equipment connected with the launching of satellites for use in the INMARSAT space segment.
- (4)) Goods acquired by INMARSAT within the scope of its official activities shall be exempt from all prohibitions and restrictions on import or export.
- (5)) No exemption shall be accorded in respect of taxes and duties which represent charges for specific services rendered.
- (6)) No exemption shall be accorded in respect of goods acquired by, or services provided to, INMARSAT for the personal benefit of staff members.
- (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 which granted the exemption.
- (8)) Payments from INMARSAT to Signatories, pursuant to the Operating Agreement, shall be exempt from national taxes by any Party to the Protocol, other than the Party which has designated the Signatory.
- (1)) With regard to its official communications and transfer of all its documents, INMARSAT 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.
- (2)) With regard to its official communications, INMARSAT 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 INMARSAT or on the circulation of its official publications. No censorship shall be applied to such communications and publications.
- (3)) INMARSAT may install and use a radio transmitter only with the consent of the Party to the Protocol concerned.
- (1)) Staff members shall enjoy the following privileges and immunities:
- (2)) Salaries and emoluments paid by INMARSAT to staff members shall be exempt from income tax from the date upon which such staff members have begun to be liable for a tax imposed on their salaries by INMARSAT for the latter's benefit. Parties to the Protocol may take these salaries and emoluments into account for the purpose of assessing the amount of taxes to be applied to income from other sources. Parties to the Protocol are not required to grant exemption from income tax in respect of pensions and annuities paid to former staff members.
- (3)) Provided that staff members are covered by an INMARSAT social security scheme, INMARSAT and its staff members shall be exempt from all compulsory contributions to national social security schemes. 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.
- (4)) The Parties to the Protocol shall not be 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).
- (1)) In addition to the privileges and immunities provided for staff members under Article 7, the Director General shall enjoy:
- (2)) The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the immunities referred to in this Article.
- (1)) Representatives of the Parties to the Protocol and representatives of the Headquarters Party shall enjoy, while exercising their official functions and in the course of their journeys to and from their place of meeting, the following privileges and immunities:
- (2)) The provisions of paragraph (1) shall not apply in relations between a Party to the Protocol and its representatives. Further, the provisions of 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.
- (1)) Representatives of Signatories and representatives of the Signatory of the Headquarters Party shall, while exercising their official functions in relation to the work of INMARSAT and in the course of their journeys to and from their place of meeting, enjoy the following privileges and immunities:
- (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.
- (1)) Experts, while exercising their official functions in relation to the work of INMARSAT, and in the course of their journeys to and from the place of their missions, shall enjoy the following privileges and immunities:
- (2)) The Parties to the Protocol shall not be obliged to accord to their nationals or permanent residents the privileges and immunities referred to in sub-paragraphs (c), (d), and (e) of paragraph (1).
- (1)) The privileges, exemptions and immunities provided for in this Protocol are not granted for the personal benefit of individuals but for the efficient performance of their official functions.
- (2)) If, in the view of the authorities listed below, 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, these authorities have the right and duty to waive such privileges and immunities:
- (1)) This Protocol shall be open for signature at London from 1 December 1981 to 31 May 1982.
- (2)) An Parties to the Convention, other than the Headquarters Party, may become Parties to this Protocol by:
- (3)) Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.
- (4)) Reservations to this Protocol may be made in accordance with international law.
- (1)) This Protocol shall enter into force on the thirtieth day after the date on which ten Parties to the Convention have fulfilled the requirements of paragraph (2) of Article 19.
- (2)) This Protocol shall cease to be in force if the Convention ceases to be in force.
- (1)) For a State which has fulfilled the requirements of paragraph (2) of Article 19 after the date of entry into force of this Protocol, the Protocol shall enter into force on the thirtieth day after the date of signature or of the deposit of such instrument with the Depositary respectively.
- (2)) Any Party to the Protocol may denounce this Protocol by giving written notice to the Depositary. The denunciation shall become effective twelve (12) months after the date of receipt of the notice by the Depositary or such longer period as may be specified in the notice.
- (3)) A Party to the Protocol shall cease to be a Party to the Protocol on the date that it ceases to be a Party to the Convention.
- (1)) The Director General of INMARSAT shall be the Depositary of this Protocol.
- (2)) The Depositary shall, in particular, promptly notify all Parties to the Convention of:
- (3)) Upon entry into force of this Protocol, the Depositary shall transmit a certified copy of the original to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
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