S.I. No. 39/1972:

INTELSAT (DESIGNATION OF ORGANISATION AND IMMUNITIES OF ORGANISATION AND ITS OFFICERS AND EMPLOYEES) ORDER, 1972.

INTELSAT (DESIGNATION OF ORGANISATION AND IMMUNITIES OF ORGANISATION AND ITS OFFICERS AND EMPLOYEES) ORDER, 1972.

WHEREAS it is enacted by section 40 (1) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by order designate an international organisation of which the State or the Government is or intends to become a member to be an organisation to which Part VIII of that Act applies and may, by the order, make provision for the purposes of section 42 of that Act as respects certain matters specified in the said section 40 (1):

AND WHEREAS the international telecommunications satellite organisation INTELSTAT is an organisation such as aforesaid:

NOW, the Government, in exercise of the powers conferred on them by section 40 of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), hereby order as follows:

1. This Order may be cited as the INTELSAT (Designation of Organisation and Immunities of Organisation and its Officers and Employees) Order, 1972.

2. In this Order--

"the agreed provision" means the provision which is agreed to by the scheduled article as respects matters specified in section 40 (1) of the Diplomatic Relations and Immunities Act, 1967 ;

"the Agreement" means the agreement relating to the international telecommunications satellite organisation "INTELSAT" done at Washington on the 20th day of August, 1971;

"the schedule article" means Article XV (a copy of which is set out in the Schedule hereto) of the Agreement.

3. The international telecommunications satellite organisation INTELSAT established by the Agreement is hereby designated as an organisation to which Part VIII of the Diplomatic Relations and Immunities Act, 1967 applies.

4. The agreed provision is hereby made for the purposes of section 42 of the Diplomatic Relations and Immunities Act, 1967 .

SCHEDULE.

Article XV.

INTELSAT Headquarters, Privileges, Exemptions, Immunities.

(a) The headquarters of INTELSAT shall be in Washington.

(b) Within the scope of activities authorised by this Agreement, INTELSAT and its property shall be exempt in all States Party to this Agreement from all national income and direct national property taxation and from customs duties on communications satellites and components and parts for such satellites to be launched for use in the global system. Each Party undertakes to use its best endeavours to bring about, in accordance with the applicable domestic procedure, such further exemption of INTELSAT and its property from income and direct property taxation, and customs duties, as is desirable, bearing in mind the particular nature of INTELSAT.

(c) Each Party other than the Party in whose territory the headquarters of INTELSAT is located shall grant in accordance with the Protocol referred to in this paragraph, and the Party in whose territory the headquarters of INTELSAT is located shall grant in accordance with the Headquarters Agreement referred to in this paragraph, the appropriate privileges, exemptions and immunities to INTELSAT, to its officers, and to those categories of its employees specified in such Protocol and Headquarters Agreement, to Parties and representatives of Parties, to Signatories and representatives of Signatories and to persons participating in arbitration proceedings. In particular, each Party shall grant to these individuals immunity from legal process in respect of acts done or words written or spoken in the exercise of their functions and within the limits of their duties, to the extent and in the cases to be provided for in the Headquarters Agreement and Protocol referred to in this paragraph. The Party in whose territory the headquarters of INTELSAT is located shall, as soon as possible, conclude a Headquarters Agreement with INTELSAT covering privileges, exemptions and immunities. The Headquarters Agreement shall include a provision that all Signatories acting in their capacity as such, except the Signatories designated by the Party in whose territory the Headquarters is located, shall be exempt from national taxation on incomes earned from INTELSAT in the territory of such Party. The other Parties shall also as soon as possible conclude a Protocol covering privileges, exemptions and immunities. The Headquarters Agreement and the Protocol shall be independent of this Agreement and each shall prescribe the conditions of its termination.

GIVEN under the Official Seal of the Government, this 15th day of February, 1972.

SEÁN Ó LOINSIGH.

EXPLANATORY NOTE.

The effect of this order is to enable the Agreement relating to the International Telecommunications Satellite Organisation "INTELSAT" to be implemented pursuant to the Diplomatic Relations and Immunities Act, 1967 .