国际海事卫星组织特权和豁免议定书(附英文)

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) "Official 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;

　　(l) "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 that 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 activities, 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 (1), 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: (i) 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 (1); (ii) any action taken in accordance with the law of the State concerned which is temporarily necessary in connection with the prevention of and investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, INMARSAT; (iii) expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation shall not prejudice the functions and operations of INMARSAT.

　　ARTICLE 3 Inviolability of Archives

　　The archives of INMARSAT shall be inviolable wherever located and by whomsoever held.

　　ARTICLE 4 Exemption from Taxes and Duties

　　(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.

　　ARTICLE 5 Funds, Currency and Securities

　　INMARSAT may receive and hold any kind of funds, currency or securities and dispose of them freely for any of its official activities. It may hold accounts in any currency to the extent required to meet its obligations.

　　ARTICLE 6 Official Communications and Publications

　　(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.

　　ARTICLE 7 Staff Members

　　(1) Staff members shall enjoy the following privileges and immunities:

　　(a) immunity from jurisdiction, even after they have left the service of INMARSAT, in respect of acts, including words spoken or written, done by them in the exercise of their official functions; this immunity shall not, however, apply in the case of a traffic offence committed by a staff member, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

　　(b) exemption, together with members of their families forming part of their respective households, from any obligations in respect of national service, including military service;

　　(c) inviolability for all their official papers related to the exercise of their functions within the scope of the official activities of INMARSAT;

　　(d) exemption, together with members of their families forming part of their respective households, from immigration restrictions and alien registration;

　　(e) the same treatment in the matter of currency and exchange control as is accorded to staff members of intergovernmental organizations;

　　(f) together with members of their families forming part of their respective households, the same facilities as to repatriation in time of international crisis as are accorded to staff members of intergovernmental organizations;

　　(g) the right to import free of duty their furniture and personal effects, including a motor vehicle, at the time of first taking up their post in the State concerned, and the right to export them free of duty on termination of their functions in that State, in both cases in accordance with the laws and regulations of the State concerned. However, except in accordance with such laws and regulations, goods which have been exempted under this sub-paragraph shall not be transferred, hired out or lent, permanently or temporarily, or sold.

　　(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).

　　ARTICLE 8 Director General

　　(1) In addition to the privileges and immunities provided for staff memb

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