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国际海事卫星组织(INMARSAT)特权和豁免议定书(附英文) (4)
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:35706

 

(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
 organizations;
     (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 Acces

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