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国际海事卫星组织特权和豁免议定书(附英文)

2009-03-24 法律英语 来源:互联网 作者:
ers under Article 7, the Director General shall enjoy:

  (a) immunity from arrest and detention;

  (b) immunity from civil and administrative jurisdiction and execution enjoyed by diplomatic agents, except in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

  (c) full immunity from criminal jurisdiction, except in the case of a traffic offence caused by a motor vehicle or other means of transport belonging to, or driven by him, subject to subparagraph (a) a

bove.

  (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.

  ARTICLE 9 Representatives of Parties

  (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:

  (a) immunity from any form of arrest or detention pending trial;

  (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 exercise of their official functions; however, there shall be no immunity in the case of a traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

  (c) inviolability for all their official papers;

  (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 representatives of foreign governments on temporary official missions;

  (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 missions.

  (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.

  ARTICLE 10 Representatives of Signatories

  (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:

  (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 exercise of their official functions; however, there shall be no immunity in the case of a traffic offence committed by a representative, or in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

  (b) inviolability for all their official papers;

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

  (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 subparagraph (c) of paragraph

  (1) shall not apply in relations between a Party to the Protocol and its nationals or permanent residents.

  ARTICLE 11 Experts

  (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:

  (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 exercise of their official functions; however, there shall be no immunity in the case of damage caused by a motor vehicle or other means of transport belonging to or driven by him;

  (b) inviolability for all their official papers;

  (c) the same treatment in the matter of currency and exchange control as is accorded to the staff members of intergovernmental organiz

ations;

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

  (e) the same facilities as regards their personal luggage as are accorded to experts of other intergovernmental organizations.

  (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).

  ARTICLE 12 Notification of Staff Members and Experts

  The Director General of INMARSAT shall at least once every year notify the Parties to the Protocol of the names and nationalities of the staff members and experts to whom the provisions of Articles 7, 8 and 11 apply.

  ARTICLE 13 Waiver

  (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:

  (a) the Parties to the Protocol in respect of their representatives and representatives of their Signatories;

  (b) the Council in respect of the Director General of INMARSAT;

  (c) the Director General of INMARSAT in respect of staff members and experts;

  (d) the Assembly, convened if necessary in extraordinary session, in respect of INMARSAT.

  ARTICLE 14 Assistance to Individuals

  The Parties to the Protocol shall take all appropriate measures to facilitate entry, stay and departure of representatives, staff members and experts.

  ARTICLE 15 Observance of Laws and Regulations

  INMARSAT, and all persons enjoying privileges and immunities under this Protocol, shall, without prejudice to the other provisions thereof, 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.

  ARTICLE 16 Precautionary Measures

  Each Party to the Protocol retains the right to take all precautionary measures necessary in the interest of its security.

  ARTICLE 17 Settlement of Disputes

  Any dispute between Parties to the Protocol or between INMARSAT and a Party to the Protocol concerning the interpretation or application of the Protocol shall be settled by negotiation or by some other agreed method. If the dispute is not settled within twelve (12) months, the parties concerned may, by common agreement, refer the dispute for decision to a tribunal of three arbitrators. One of these arbitrators shall be chosen by each of the parties to the dispute, and the third, who shall be the Chairman of the tribunal, shall be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third within two months of their own appointment, the third arbitrator shall be chosen by the President of the International Court of Justice. The tribunal shall adopt its own procedures and its decisions shall be final and binding on the parties to the dispute.

  ARTICLE 18 Complementary Agreements

  INMARSAT may conclude with any Party to the Protocol complementary agreements to give effect to the provisions of this Protocol as regards such Party to the Protocol to ensure the efficient functioning of INMARSAT.

  ARTICLE 19 Signature, Ratification and Accession

  (1) This Protocol shall be open for signature at London from 1 December 1981 to 31 May 1982.

  (2) All Parties to the Convention, other than the Head

quarters Party, may become Parties to this Protocol by:

  (a) signature not subject to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession.

  (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.

  ARTICLE 20 Entry into Force and Duration of Protocol

  (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.

  ARTICLE 21 Entry into Force and Duration for a State

  (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

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