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II.3.260 (INMARSAT C 1976) CONVENTION ON THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION, 1976, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.3.260

CONVENTION ON THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT), 1976, AS AMENDED

Note: The present text incorporates the original text as modified by the following amendment:

 Date of entry
 into force
—1985 amendments adopted by Assembly of INMARSAT13.10.1989
ADOPTED: Done at London, 3 September 1976
REFERENCE: INMARSAT C
ENTERED INTO FORCE: 16 July 1979
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XXXII

1. This Convention shall remain open for signature in London until entry into force and shall thereafter remain open for accession. All States may become Parties to the Convention 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.

2. Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.

3. On becoming a Party to this Convention, or at any time thereafter, a State may declare, by written notification to the Depositary, to which Registers of ships to which aircraft and mobile earth stations on land operating under its authority, and to which land earth stations under its jurisdiction, the Convention shall apply.

4. No State shall become a Party to this Convention until it has signed, or the entity it has designated, has signed the Operating Agreement.

5. Reservation cannot be made to this Convention or to the Operating Agreement.

ENTRY INTO FORCE

Article XXXIII

1. This Convention shall enter into force sixty days after the date on which States representing 95 per cent of the initial investment shares have become Parties to the Convention.

2. Notwithstanding paragraph 1, if the Convention has not entered into force within thirty-six months after the date it was opened for signature, it shall not enter into force.

3. For a State which deposits an instrument of ratification, acceptance, approval or accession after the date on which the Convention has entered into force, the ratification, acceptance, approval or accession shall take effect on the date of deposit.

WITHDRAWAL

Article XXIX

(1) Any Party or Signatory may by written notification to the Depositary withdraw voluntarily from the Organization at any time. Once a decision has been made under applicable domestic law that a Signatory may withdraw, notice of the withdrawal shall be given in writing to the Depositary by the Party which has designed the Signatory, and the notification shall signify the acceptance by the Party of the withdrawal. Withdrawal of a Party, in its capacity as such, shall entail the simultaneous withdrawal of any Signatory designated by the Party or of the Party in its capacity as Signatory, as the case may be.

(2) Upon receipt by the Depositary of a notice to withdraw, the Party giving notice and any Signatory which it has designated, or the Signatory in respect of which notice has been given, as the case may be, shall cease to have any rights of representation and any voting rights in any organ of the Organization and shall incur no obligation after the date of such receipt. However, a withdrawing Signatory shall remain responsible unless otherwise decided by the Council pursuant to Article XIII of the Operating Agreement, for contributing its share of the capital contributions necessary to meet contractual commitments specifically authorised by the Organisation before the receipt and liabilities arising from acts or omissions before the receipt. Except with respect to such capital contributions and except with respect to Article XXXI of this Convention and Article XVI of the Operating Agreement, withdrawal shall become effective and this Convention and/or the Operating Agreement shall cease to be in force after the date of receipt by the Depositary of the written notification referred to in paragraph (1).

(3) If a Signatory withdraws, the Party which designated it shall, before the effective date of withdrawal and with effect from that date, designate a new signatory, assume the capacity of a Signatory in accordance with paragraph (4), or withdraw. If the Party has not acted by the effective date, it shall be considered to have withdrawn as from that date. Any new Signatory shall be responsible for all the outstanding capital contributions of the previous Signatory and for the proportionate share of any capital contributions necessary to meet contractual commitments specifically authorised by the Organization, and liabilities arising from the acts or omissions, after the date of receipt of the notice.

(4) If for any reason a Party desires to substitute itself for its designated Signatory or to designate a new Signatory, it shall give written notice to the Depositary. Upon assumption by the new Signatory of all the outstanding obligations, as specified in the last sentence of paragraph (3), of the previously designated Signatory and upon signature of the Operating Agreement, that Agreement shall enter into force for the previous Signatory.

SUSPENSION AND TERMINATION

Article XXX

(1) Not less than one year after the Directorate has received written notice that a Party appears to have failed to comply with any obligation under this Convention, the Assembly, after considering any representations made by the Party, may decide, if it finds that the failure to comply has in fact occurred and that such failure impairs the effective operation of the Organisation, that the membership of the Party is terminated. This Convention shall cease to be in force for the Party as from the date of the decision or at such later date as the Assembly may determine. An extraordinary session of the Assembly may be convened for this purpose. The termination shall entail the simultaneous withdrawal of any Signatory designated by the Party or of the Party in its capacity as Signatory, as the case may be. The Operating Agreement shall cease to be in force for the Signatory on the date on which this Convention ceases to be in force for the Party concerned, except with respect to capital contributions necessary to meet contractual commitments specifically authorized by the Organization before the termination and liabilities arising from acts or omissions before the termination, and except with respect to Article XXXI of this Convention and Article XVI of the Operating Agreement.

(2) If any Signatory, in its capacity as such, fails to comply with any obligation under this Convention or the Operating Agreement, other than obligations under Article III(I) of the Operating Agreement and the failure has not been remedied within three months after the Signatory has been notified in writing of a resolution of the Council taking note of the failure to comply, the Council, after considering any representations made by the Signatory and, if applicable, the Party concerned may suspend the rights of the Signatory. If, after an additional three months and after consideration of any representations made by the Signatory and, if applicable, the Party, the Council finds that the failure to comply has not been remedied, the Assembly may decide on the recommendation of the Council that the membership of the Signatory is terminated. Upon the date of such decision, the termination shall become effective and the Operating Agreement shall cease to be in force for that Signatory.

(3) If any Signatory fails to pay any amount due from it pursuant to Article III(I) of the Operating Agreement within four months after the payment has become due, the rights of the Signatory under this Convention and the Operating Agreement shall be automatically terminated. If within three months after the suspension the Signatory has not paid all sums due or the Party which has designated it has not made a substitution pursuant to Article XXIX(4), the Council, after considering any representations made by the Signatory or the Party which has designated it, may decide that the membership of the Signatory is terminated. From the date of such decision, the Operating Agreement shall cease to be in force for the Signatory.

(4) During the period of suspension of the rights of a Signatory pursuant to paragraphs (2) or (3), the Signatory shall continue to have all the obligations of a Signatory under this Convention and the Operating Agreement.

(5) A Signatory shall incur no obligation after termination, except that it shall be responsible for contributing its share of the capital contributions necessary to meet contractual commitments specifically authorised before the termination and liabilities arising from acts or omissions before the termination, and except with respect to Article XXXI of this Convention and Article XVI of the Operating Agreement.

(6) If the membership of a Signatory is terminated, the Party which designated it shall, within three months from the date of the termination and with effect from that date, designate a new Signatory, assume the capacity of a new Signatory in accordance with Article XXIX(4), or withdraw. If the Party has not acted by the end of that period, it shall be considered to have withdrawn as from the date of termination, and this Convention shall cease to be in force for the Party as from that date.

(7) Whenever this Convention has ceased to be in force for a Party, settlement between the Organisation and any Signatory designated by that Party of that Party in its capacity as Signatory, shall be accomplished as provided in Article XIII of the Operating Agreement.

AMENDMENTS

Article XXXIV

(1) Amendments to this Convention may be proposed by any Party. Proposed amendments shall be submitted to the Directorate, which shall inform the other Parties and Signatories. Three months’ notice is required before consideration of an amendment by the Council, which shall submit its views to the Assembly within a period of six months from the date of circulation of the amendment. The Assembly shall consider the amendment not earlier than six months thereafter, taking into account any views expressed by the Council. This period may, in any particular case, be reduced by the Assembly by a substantive decision.

(2) If adopted by the Assembly, the amendment shall enter into force one hundred and twenty days after the Depositary has received notices of acceptance from two-thirds of those States which at the time of adoption by the Assembly were Parties and represented at least two-thirds of the total investment shares. Upon entry into force, the amendment shall become binding upon all Parties and Signatories, including those which have not accepted it.

DECLARATIONS AND STATEMENTS

Egypt

The instrument of accession of the Arab Republic of Egypt contained the following statement (in the Arabic language):

[translation] “ . . . this endorsement shall not entail the recognition of Israel or entering with her into relations regulated by the terms of this Agreement and its appendices.”

The depositary was informed by a communication dated 14 January 1980 that the Government of Egypt “has decided to withdraw its reservation” with effect from 25 January 1980.

note: The depositary received a communication dated 13 January 1978 in the English language from the Embassy of Israel in London. The communication, the full text of which was circulated by the depositary includes the following:

“The instrument deposited by the Government of the Arab Republic of Egypt contains a statement of a political character in respect of Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the Organization. That pronouncement by the Government of Egypt cannot in any way affect whatever obligations are binding upon it under general international law or under particular treaties.

“The Government of Israel, will, insofar as concerns the substance of the matter, adopt towards the Government of Egypt an attitude of complete reciprocity.”

Germany, Federal Republic of

The instrument of ratification of the Federal Republic of Germany was accompanied by the following declaration:

“ . . . that the said Convention and the operating agreement on the International Maritime Satellite Organization (INMARSAT) shall also apply to Berlin (West) with effect from the date on which they enter into force for the Federal Republic of Germany.”

Indonesia

The instrument of accession of the Republic of Indonesia contained the following declaration (in the English language):

“Notwithstanding to the provision of the article 31 of this Convention, the Government of the Republic of Indonesia declares that any disputes arising between the Republic of Indonesia and one or more Parties, or between the Republic of Indonesia and the Organization, will be settled by negotiation among the parties concerned.”

Israel

The depositary received a communication dated 13 January 1978 in the English language from the Embassy of Israel in London. The communication, the full text of which was circulated by the depositary, includes the following:

“The Instrument deposited by the Government of the Arab Republic of Egypt contains a statement of a political character in respect of Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the Organization. That pronouncement by the Government of Egypt cannot in any way affect whatever obligations are binding upon it under general international law or under particular treaties.

The Government of Israel, will, insofar as concerns the substance of the matter, adopt towards the Government of Egypt an attitude of complete reciprocity.”

Italy

The instrument of ratification of the Italian Republic was accompanied by the following statement (in the English language):

“ . . . it is not the Italian Government’s intention to confirm the declaration on initial investment shares which was deposited at the moment of the signature of the INMARSAT Convention.”

note: The declaration deposited at the time of signature read, as follows:

“The Italian Government, at the moment of signing the INMARSAT Convention, wishes to reaffirm Italy’s intention to become a party of the Organization within the terms of ratification set by the Convention, and to participate with an initial investment share equal to that established in part (A) of the Annex to the operating Agreement.

“The Italian Government, well aware of the fact that part (B) of the Annex was intended to secure the entry into force of the INMARSAT agreements within the terms set by Art.33 of the Convention, is none the less convinced that said part (B) of the Annex cannot be interpreted in such a way as to become prejudicial to the right acquired by one State by virtue of part (A) of the Annex. In fact, the operating Agreement is not entitled to modify the right deriving from the Convention.

“Therefore the Italian Government, pending the deposit of the instruments of ratification of the INMARSAT Convention, within the terms set by Art.33 of the same, wishes to state that any acquisition of the Italian Signatory’s initial investment share, which should take place before the said terms, would be considered illegal and would be claimed back by the Italian State.”

Kuwait

The instrument of ratification of the State of Kuwait was accompanied by the following statement (in the English language):

“It is understood that the Ratification of the State of Kuwait to the Convention on the International Maritime Satellite Organization (INMARSAT) 1976, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.”

United Arab Emirates

The instrument of accession of the United Arab Emirates was accompanied by the following statement (in the English language):

“On accepting the said Convention and Annexes, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention and Annexes does not, in any way, imply its recognition of Israel, nor does it oblige it to apply the provisions of the Convention and its Annexes in respect of the said country.

The Government of the United Arab Emirates wishes further to indicate its understanding described above in conformity with general practice existing in the United Arab Emirates regarding signature, ratification, accession or acceptance to a Convention of which a country not recognized by the United Arab Emirates is a party.”

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