PROCLAMATION
by the
President of the Republic of South Africa
No. R. 30, 1997
IMMUNITIES AND PRIVILEGES TO BE CONFERRED ON STAFF MEMBERS OF THE INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION IN SOUTH AFRICA, PERFORMING FUNCTIONS IN CONNECTION WITH THE WORK OF THE AFRICAN REGIONAL SUPPORT CENTRE OF THAT ORGANIZATION
In terms of section 4 (c) (i) of the Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), I hereby confer upon staff members of the African Regional Support Centre of the International Telecommunications Satellite Organization in South Africa the immunities and privileges mentioned in the Schedule.
Given under My Hand and the Seal of the Republic of South Africa at Cape Town this Eleventh day of February, One thousand Nine hundred and Ninety-seven.
N. R. MANDELA
President
By Order of the President-in-Cabinet:
A. NZO
Minister of the Cabinet
SCHEDULE
IMMUNITIES AND PRIVILEGES TO BE CONFERRED ON STAFF MEMBERS OF THE AFRICAN REGIONAL SUPPORT CENTRE OF THE INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION IN SOUTH AFRICA
Privileges and Immunities to be conferred on staff members of the African Regional Support Centre of the International Telecommunications Satellite Organization are according to the following Articles of the Protocol on Intelsat Privileges, Exemptions and Immunities. Provided that for purposes of this Proclamation, the Republic of South Africa shall be deemed to be a Contracting Party as contemplated in the Protocol:
ARTICLE 1
Use of terms
For the purposes of this Protocol:
(a) "Agreement" means the Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT), including its Annexes, opened for signature by Governments at Washington on August 20, 1971;
(b) "Operating Agreement" means the agreement, including its Annex, opened for signature at Washington on August 20, 1971, by Governments or telecommunications entities designated by Governments;
(c) "INTELSAT Agreements" means the agreement and the Operating Agreement referred to in (a) and (b) above;
(d) "INTELSAT Party" means a State for which the Agreement is in force;
(e) "INTELSAT Signatory" means an INTELSAT Party, or the telecommunications entity designated by an INTELSAT Party, for which the Operating Agreement is in force;
(f) "Contracting Party" means an INTELSAT Party for which this Protocol has entered into force;
(g) "Staff members of INTELSAT" means the Director-General and those staff members of the Executive Organ of INTELSAT holding regular or fixed term appointments for a minimum of one year and who are employed on a full-time basis within the Organization, other than persons in the domestic service of INTELSAT;
(h) "Representatives of Parties" means representatives of INTELSAT Parties and in each case means heads of delegations, their alternates and advisers;
(i) "Representatives of Signatories" means representatives of INTELSAT Signatories and in each case means heads of delegations, their alternates and advisers;
(j) "Property" includes every subject of whatever nature to which a right of ownership can attach, as well as contractual rights;
(k) "Archives" includes all records, correspondence, documents, manuscripts, photographs, films, optical and magnetic recordings belonging to or held by INTELSAT.
CHAPTER 1: INTELSAT'S PROPERTY AND OPERATIONS
ARTICLE 2
Inviolability of archives
The archives of INTELSAT shall be inviolable wherever located.
ARTICLE 3
Immunity from jurisdiction and execution
1. Within the scope of its activities authorized by the INTELSAT Agreements, INTELSAT shall have immunity from jurisdiction and immunity from execution except-
(a) to the extent that the Director-General shall have expressly waived such immunity from jurisdiction or immunity from execution in a particular case;
(b) in respect of its commercial activities;
(c) in respect of 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, INTELSAT, or in respect of a traffic offence involving such a vehicle;
(d) in the event of the attachment, pursuant to a decision by the judicial authorities, of the salaries and emoluments owed by INTELSAT to a staff member;
(e) in respect of a counter-claim directly connected with proceedings initiated by INTELSAT; or
(f) in respect of the enforcement of an arbitration award made under Article XVIII of the Agreement or Article 20 of the Operating Agreement.
2. The property of INTELSAT, wherever located and by whosoever held, shall be immune-
(a) from any form of search, requisition, confiscation and sequestration;
(b) from expropriation, except that real property may be expropriated for public purposes and subject to promp payment of fair compensation;
(c) from any form of administrative or provisional judicial constraint, except in so far as may be temporarily necessary in connection with the prevention and investigation of accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, INTELSAT.
ARTICLE 4
Fiscal and customs provisions
1. Within the scope of its activities authorized by the INTELSAT Agreements, INTELSAT and its property shall be exempt from all national income and direct national property taxation.
2. When the price of communications satellites purchased by INTELSAT and of components and parts for such satellites to be launched for use in the global system includes taxes or duties of such a nature that they are normally incorporated in such price, the Contracting Party that has levied the taxes or duties shall take appropriate measures to remit or reimburse to INTELSAT the amount of the identifiable taxes or duties.
3. INTELSAT shall be exempt from customs duties and other taxes, prohibitions or restrictions imposed by reason of the import or export of communications satellites and components and parts for such satellites to be launched for use in the global system. The Contracting Parties should take all appropriate steps to facilitate customs clearance.
4. The provisions of paragraphs 1, 2 and 3 shall not apply to taxes or duties which are in fact no more than charges for specific services rendered.
5. Goods belonging to INTELSAT which have been exempted under paragraphs 2 or 3 shall not be transferred, hired out or lent, permanently or temporarily, except in accordance with the domestic laws of the Contracting Party which granted the exemption.
ARTICLE 5
Communications
With regard to its official communications and the transfer of all its documents, INTELSAT shall enjoy in the territory of each Contracting Party treatment not less favourable than that accorded to other intergovernmental non-regional 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 conventions, regulations and agreements to which that Contracting Party is a party. No censorship shall be applied to official communications, of INTELSAT by whatever means of communication.
ARTICLE 6
Restrictions
Within the scope of its activities authorized by the INTELSAT Agreements, the funds held by INTELSAT shall not be restricted by controls, restrictions, regulations or moratoria of any kind, provided that operations involving those funds comply with the law of the Contracting Party.
CHAPTER II: STAFF MEMBERS OF INTELSAT
ARTICLE 7
1. The staff members of INTELSAT shall enjoy the following privileges, exemptions and immunities:
(a) Immunity from jurisdiction, even after they have left the service of INTELSAT, in respect of acts, including words written and spoken, done by them in the exercise of their official functions and within the limits of their duties. However, there shall be no immunity in respect of 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 driven by them, or in respect of a traffic offence involving such a vehicle and committed by them;
(b) inviolability for official documents and papers related to the performance of their functions within the scope of the activities of INTELSAT;
(c) exemption from National Service Obligations;
(d) together with members of their families forming part of their households, the same immunity from restrictions on admission, alien registration and departure formalities, as well as the some repatriation facilities in time of international crisis, as are normally accorded to staff members of intergovernmental organizations;
(e) exemption from all national income tax on their salaries and emoluments paid to them by INTELSAT, excluding pensions and other similar benefits paid by INTELSAT. The Contracting Parties reserve the right to take those salaries and emoluments into account when assessing the amount of tax to be applied to income from other sources;
(f) the same treatment in'the matter of currency and exchange control as is normally accorded to staff members of intergovernmental organizations;
(g) the rights to import free of customs duties and other customs charges (except payment of services rendered), their furniture and personal effects, including a motor vehicle, at the time of taking up their post in the territory of a Contracting Party, and the right to export them free of duty upon termination of their functions, subject to the conditions laid down by the laws of the Contracting Party concerned.
2. Goods belonging to staff members which have been exempted under paragraph 1 (g) shall not be transferred, hired out or lent, permanently or temporarily, except in accordance with the domestic laws of the Contracting Party which granted the exemption.
3. Provided that staff members are covered by the social security scheme of INTELSAT, INTELSAT and its staff members shall be exempt from all compulsory contributions to national social security schemes, subject to agreements to be concluded with Contracting Parties concerned in accordance with Article 12. This exemption does not preclude any voluntary participation in a national social security scheme in accordance with the law of the Contracting Party concerned; neither does it require a Contracting Party to make payments of benefits under social security schemes to staff members who are exempt under the provisions of this paragraph.
4. Contracting Parties shall take all appropriate measures to facilitate entry into, stay in, or departure from their territories of staff members of INTELSAT.
5. The Contracting Parties shall not be obliged to accord to their nationals or permanent residents the privileges, exemptions and immunities referred to in paragraph 1 (c), (d), (e), (f) and (g) and in paragraph 3.
6. The Director-General of INTELSAT shall notify the Contracting Parties concerned of the names of the staff members to whom the provisions of this Article shall apply. The Director-General shall also notify without delay the Contracting Party which grants the exemption provided for under paragraph 1 (d) of this Article of the completion of the official functions of any staff members in the territory of that Contracting Party.
CHAPTER III: REPRESENTATIVES OF INTELSAT PARTIES AND SIGNATORIES AND PERSONS PARTICIPATING IN ARBITRATION PROCEEDINGS
ARTICLE 8
1. Representatives of INTELSAT Parties at meetings called by or held under the auspices of INTELSAT shall, in the exercise of their functions, and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:
(a) Immunity from jurisdiction, even after termination of their mission, in respect of acts, including words written and spoken, done by them in the exercise of their official functions and within the limits of their duties. However, there shall be no immunity in respect of 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 driven by them, or in respect of a traffic offence involving such a vehicle and committed by them;
(b) inviolability for all their official documents and papers;
(c) together with members of their families forming part of their households, the same immunity from restrictions on admission, alien registration and departure formalities as is normally accorded to staff members of intergovernmental organizations; provided that no Contracting Party shall be obliged to apply this provision to its permanent residents.
2. Representatives of Signatories at meetings called by or held under the auspices of INTELSAT shall, in the exercise of their functions, and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:
(a) inviolability for official documents and papers related to the performance of their functions within the scope of the activities of INTELSAT,
(b) together with members of their families forming part of their households, the same immunity from restrictions on admission, alien registration and departure formalities as is normally accorded to staff members of intergovernmental organizations; provided that no Contracting Part shall be obliged to apply this provision to its permanent residents.
3. The members of an arbitral tribunal and witnesses before that tribunal participating in arbitration proceedings in accordance with Annex C of the Agreement shall, in the exercise of their functions, and during their journeys to and from the place of meeting, enjoy the privileges and immunities referred to in paragraph 1 (a), (b) and (c).
4. No Contracting Party shall be obliged to accord to its own nationals or to its own representatives the privileges and immunities referred to in paragraph 1 and 2.
CHAPTER IV: WAIVER
ARTICLE 9
The privileges, exemptions and immunities provided for in this Protocol are not granted for the personal benefit of individuals. If such privileges, exemptions and immunities are likely to impede the course of justice, and in all cases where they may be waived without prejudice to the efficient performance of the functions of INTELSAT, the authorities set forth below shall agree to waive such privileges, exemptions and immunities:
(a) The Contracting Parties, with respect to their representatives and the representatives of their Signatories;
(b) the Board of Governors, with respect to the Director-General of INTELSAT;
(c) the Director-General of INTELSAT, with respect to INTELSAT and the other staff members;
(d) the Board of Governors, with respect to the persons participating in arbitration proceedings referred to in paragraph 3 of Article 8.
CHAPTER V: GENERAL PROVISIONS
ARTICLE 10
Precautionary measures
Each Contracting Party reserves the right to take all necessary measures in the interests of its security.
ARTICLE 11
Co-operation with the contracting parties
INTELSAT and its staff members shall cooperate at all times with the competent authorities of the Contracting Parties concerned, in order to facilitate the proper administration of justice, to ensure the observance of the laws and regulations of the Contracting Parties concerned and to prevent any abuse of the privileges, exemptions and immunities provided for in this Protocol.