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The INTELSAT (Immunities and Privileges) Order 1979

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PART IITHE ORGANISATION

4.  The International Telecommunications Satellite Organisation “INTELSAT” (hereinafter referred to as the Organisation) is an organisation of which the United Kingdom and foreign sovereign Powers are members.

5.  The Organisation shall have the legal capacities of a body corporate.

6.—(1) Within the scope of its official activities the Organisation shall have immunity from suit and legal process except:

(a)to the extent that the Director General shall have expressly waived such immunity 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, the Organisation, or in respect of a traffic offence involving such a vehicle;

(d)in the event of the attachment or, in Scotland, arrestment, pursuant to the order of a court of law, of the salaries and emoluments owed by the Organisation to a staff member;

(e)in respect of a counter-claim directly connected with proceedings instituted by the Organisation;

(f)in respect of the enforcement of an arbitration award made under Article XVIII of the Agreement or Article 20 of the Operating Agreement; and

(g)in respect of the expropriation of real or, in Scotland, heritable property for public purposes and subject to prompt payment of fair compensation.

(2) Paragraph (1) of this Article shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Organisation in so far as they 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, the Organisation.

7.  The Organisation shall have the like inviolability of official archives as in accordance with the 1961 Convention Articles is accorded in respect of the official archives of a diplomatic mission.

8.  Within the scope of its official activities, the Organisation shall have exemption from taxation on income and capital gains.

9.  Within the scope of its official activities the Organisation shall have exemption from customs duties and taxes on the importation by or on behalf of the Organisation of the exempted items, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

10.  The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of the importation or exportation by the Organisation of the exempted items.

11.  The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the supply of any of the exempted items, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

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