Resolução n.º 30/95, de 05 de Junho de 1995
Resolução da Assembleia da República n.° 30/95 Aprova para ratificação, o Protocolo Relativo aos Privilégios, Isenções e Imunidades da Organização Internacional de Satélites Marítimos (INMARSAT).
A Assembleia da República resolve, nos termos dos artigos 164.°, alínea j), e 169.°, n.° 5, da Constituição, o seguinte: Artigo único. - 1 - Aprovar, para ratificação, o Protocolo Relativo aos Privilégios, Isenções e Imunidades da Organização Internacional de Satélites Marítimos (INMARSAT), cujo texto original em inglês e a respectiva tradução para português seguem em anexo à presente resolução.
2 - A aprovação é feita sem prejuízo das seguintes reservas: Artigo 4.°, n.° 1 - a isenção constante desta disposição aplica-se à INMARSAT, no quadro das suas actividades oficiais, relativamente aos seus rendimentos e bens, incluindo o sector espacial da INMARSAT, no respeitante aos impostos sobre o rendimento e aos impostos sobre o património, cabendo a Portugal a respectiva classificação; Artigo 7.°, n.° 2 - a isenção estabelecida nesta disposição não abrange quaisquer prestações ou benefícios similares às pensões ou rendas nela referidos nem os nacionais portugueses e os residentes permanentes em Portugal; Artigo 7.°, n.° 3 - o regime de isenção contributiva previsto nesta disposição deverá ser objecto de acordo a celebrar nos termos do artigo 18.° Aprovada em 16 de Fevereiro de 1995.
O Presidente da Assembleia da República, António Moreira Barbosa de Melo.
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE -INTERNATIONAL MARITIME SATELLITE ORGANIZATION -(INMARSAT).
The States Parties to this Protocol: Having regard to the Convention and the Operating Agreement on the International Maritime Satellite Organization (INMARSAT) opened for signature at London on 3 September 1976 and, in particular, to articles 25 and 26(4) of the Convention; Taking note that INMARSAT has concluded a Headquarters Agreement with the Government of the United Kingdom of Great Britain and Northern Ireland on 25 February 1980; Considering that the aim of this Protocol is to facilitate the achievement of the purpose of INMARSAT and to ensure the efficient performance of its functions; have agreed as follows: Article 1 Use of terms For the purposes of this Protocol: a) 'Convention' means the Convention on the International Maritime Satellite Organization (INMARSAT), including its annex, opened for signature at London on 3 September 1976; b) 'Operating Agreement' means the Operating Agreement on the International Maritime Satellite Organization (INMARSAT), including its annex, opened for signature at London on 3 September 1976; c) 'Party to the Convention' means a State for which the Convention is in force; d) 'Headquarters Party' means the Party to the Convention in whose territory INMARSAT has established its headquarters; e) 'Signatory' means either a Party to the Protocol or an entity designated by a Party to the Protocol for which the Operating Agreement is in force; f) 'Party to the Protocol' means a State for which this Protocol is in force; g) 'Staff member' means the Director General and any person employed full time by INMARSAT and subject to its staff regulations; h) 'Representatives' in the case of Parties to the Protocol, the Headquarters Party and Signatories means representatives to INMARSAT and in each case means heads of delegations, alternates and advisers; i) 'Archives' 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:
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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.
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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.
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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 substancial 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 activites, 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:
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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...
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