Decree No 142 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on the Creation of the International System and the Organization of Space Telecommunications "Intersputnik"
Valid
Effective from 12.07.1972
142
DECLARATION
Minister for Foreign Affairs
of 26 September 1973
on the Agreement establishing the International System and the Space Telecommunications Organisation "Intersputnik"
On 15 November 1971, an Agreement was negotiated between the Governments of the People's Republic of Bulgaria, the Czechoslovak Socialist Republic, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the German Democratic Republic, the People's Republic of Poland, the Socialist Republic of Romania and the Union of Soviet Socialist Republics on the establishment of an international system and the Organization of Space Telecommunications "Intersputnik '.
The President of the Republic ratified the Agreement and the instrument of ratification was deposited with the Government of the Union of Soviet Socialist Republics on 12 July 1972.
The Agreement entered into force on 12 July 1972 on the basis of Article 21 thereof and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
on the creation of the International System and the Space Telecommunications Organisation "Intersputnik"
Contracting Parties,
Recognising the need to contribute to the consolidation and development of all-round economic, scientific, technological, cultural and other contacts by telecommunications, as well as by radio and television broadcasting through Earth's artificial satellites,
recognising the usefulness of cooperation in both theoretical and experimental research, as well as in the design, creation, operation and development of the international telecommunications system through Earth's artificial satellites,
in order to develop international cooperation based on the investigation of the sovereignty and independence of states, equality, non-interference in internal affairs, as well as mutual assistance and mutual benefits,
building on the provisions of Resolution 1721 (XVI) of the General Assembly of the United Nations and of the Treaty on the Principles for the Activities of States in the Research and Use of Space, including the Moon and other celestial bodies of 27 January 1967,
they have agreed as follows:
1. An international telecommunications system is being developed using Earth's artificial satellites.
2. In order to ensure cooperation and coordination of efforts in the design, creation, operation and development of the telecommunications system, the Contracting Parties shall establish an international organisation "Intersputnik ', hereinafter referred to as the Organisation.
1. "Intersputnik" is an open international organisation.
2. The members of the Organization shall be the governments which have signed this Agreement and deposited the instruments of ratification referred to in Article 20, as well as the governments of other States which have acceded to this Agreement pursuant to Article 22.
Organization headquarters is in Moscow.
1. The International Telecommunications System using Earth's artificial satellites shall comprise the following components:
- a space complex consisting of telecommunications satellites with retransmitters and on-board equipment and ground control systems ensuring the normal operation of satellites;
- Earth stations making contact with each other through Earth's artificial satellites.
2. The Cosmic Complex is owned by the Organization or is hired by members of the Organization who have such systems.
3. Earth stations are the property of States or recognised operational organisations.
4. Members of the Organization shall have the right to participate in the Telecom System of the Organisation, if they comply with the technical conditions of the Organisation.
The creation of an international telecommunications system will be carried out at the following stages:
- the stage of conducting experimental activities by members of the Organization on their ground stations in the use of telecommunications circuits to be provided free of charge to the Organisation by the Union of Soviet Socialist Republics on its telecommunications satellites. This phase will last until the end of 1973;
- a phase of activity using telecommunications circuits on telecommunications satellites of members of the Organisation under rental conditions;
- the stage of commercial operation of the telecommunications system using a space complex which is owned by the Organisation or which the Organization hires with its members. The transition to this stage will take place when the Parties consider the creation of a space complex belonging to the Organization or its rental economically effective.
The release and introduction into the orbit of telecommunications satellites owned by the Organisation, as well as its orbit management, shall be carried out by members of the Organisation having the appropriate means for doing so under agreements between the Organisation and those members of the Organisation.
The organisation shall coordinate its activities with the International Telecommunications Union and shall also cooperate with other organisations whose activities relate to the use of telecommunications satellites in both the technical field (use of frequency spectrum, use of technical standards for telecommunications circuits and standards for instruments) and international regulations.
The organisation is a legal person and has the power to conclude contracts, acquire, hire, lease and dispose of assets and carry out procedural acts.
1. Within the territory of States whose governments are members of the Organisation, the Organisation shall have the legal capacity necessary to achieve its objectives and carry out its functions. The scope of this legal capacity shall be determined by appropriate agreements with the competent authorities of the States in whose territory the Organisation carries out its activities.
2. Issues not covered by this Agreement and the agreements referred to in paragraph 1 of this Article shall be governed by the legislation of the States in whose territory the Organisation carries out its activities.
1. The Organisation shall be responsible for its obligations to the extent of its assets.
2. The organisation is not materially responsible for the obligations of the Parties, nor are the Parties responsible for the obligations of the Organisation.
1. The following bodies are created to manage the activities of the Organisation:
- Council - Managing Authority;
- Directorate-General - Permanent executive and administrative body headed by the Director-General.
The Council shall determine the time of establishment and start of work of the Directorate.
2. Until the beginning of its activities, the Directorate-General shall perform the functions of Director-General in the representation of the Organisation referred to in paragraph 2 of Article 13, the President of the Council.
3. A Revision Commission shall be set up to monitor the financial activities of the Organisation.
4. The Council may set up such auxiliary bodies as are necessary to achieve the objectives of this Agreement.
1. Each member of the Organisation shall be represented in the Council by one representative.
2. Each member of the Organisation shall have one vote in the Council.
The Council shall meet at least once a year at regular meetings. An extraordinary meeting may be convened at the request of any member of the Organisation or of the Director-General, provided that at least one third of the members of the Organisation speak for the call.
4. Council meetings shall normally take place at the headquarters of the Organisation. The Council may decide to hold meetings on the territory of other States whose governments are members of the Organisation at the invitation of those members of the Organisation.
Until the start of operations The Council is meeting gradually in the countries whose governments are members of the Organization, according to their names in the Russian alphabet. In such cases, the costs of meetings shall be borne by the host members of the Organisation.
5. In the Presidency of the Council, representatives of the members of the Organisation shall take turns, according to the names of those members of the Organisation, in the Russian alphabet. The Vice-President shall be a representative of the member of the Organisation who shall follow the alphabetical order. The President and Vice-President shall exercise their powers until the next ordinary Council meeting.
6. The Council shall be responsible for matters falling within the scope of this Agreement.
Council
1. discuss and approve measures relating to the creation, acquisition, rental and leasing of space complex operations;
2. Approves the development and improvement plans for the Organisation's telecommunications system;
3. establish technical requirements for the Organisation's telecommunications satellites;
4. discuss and approve the Organisation's telecommunications satellite launch programme;
5. Approves the plan for the distribution of telecommunications circuits between members of the Organisation, as well as the manner and conditions of use of telecommunications circuits by other users;
6. Specifies the technical requirements for earth stations;
7. Decides whether Earth stations registered to be involved in the Organisation's telecommunications system comply with technical requirements;
8. Elects the Director General and his Deputy Director and oversees the activities of the Directorate;
9. Elects the Chairman and members of the Revision Commission and approves the Rules of Procedure of that Commission;
10. Approves the structure and systematization of the Directorate and the Staff Regulations of the Directorate;
11. Approves the organisation's work plan for the next calendar year;
12. Discuss and approve the Organisation's budget and report on its implementation, as well as the balance sheet and profit distribution of the Organisation;
13. discuss and approve the annual reports of the Director-General on the activities of the Organisation;
14. Approves the report of the Revision Commission;
15. Notes the official statements of the governments wishing to accede to the Agreement;
16. Specifies the arrangements and deadlines for the payment of share contributions as well as the redistribution of the share of contributions referred to in paragraph 5 of Article 15;
17. the fees for the transfer of units shall be determined by the information or the cost of renting the circuit on the Organisation's telecommunications satellites;
18. Negotiates proposals for amendments to this Agreement and submit them to the Parties for approval in the manner provided for in Article 24;
19. Adopt its Rules of Procedure;
20. discuss and address other issues arising from the Agreement.
7. The Council will endeavour to adopt its decisions unanimously. If this is not achieved, the Council's decisions shall be deemed to have been taken if at least two thirds of the votes of all the members of the Council have been cast for them. Council decisions shall not be binding on those members who have not expressed themselves for their adoption and have made a written reservation; Such members may, however, join the decisions adopted at a later date.
8. In carrying out its functions as referred to in paragraph 6 of this Article, the Council shall act within the limits of the appropriations set out by the Contracting Parties.
9. The first Council meeting shall be convened by the Government of the State in which the seat of the Organisation is situated not later than three months after the entry into force of this Agreement.
1. The Directorate-General shall consist of the Director-General, his Deputy Director and the necessary staff.
2. The Director-General, acting in accordance with the principle of a single Head, shall be the Chief Administrative Officer of the Organisation and, in this capacity, shall represent him in liaison with the competent authorities of the members of the Organisation on all matters relating to his or her activities as well as with States whose governments are not members of the Organisation and international organisations with which the Council considers cooperation necessary.
3. The Director-General shall be accountable to the Council and shall act within the limits of the powers conferred on him by this Agreement and the decisions of the Council.
4. The Director-General shall perform the following functions:
1. ensure that the Council's decision is implemented;
2. conduct negotiations with the management of links, project organisations and industrial enterprises of the members of the Organisation on the issues of system design as a whole, as well as on the design, production and supply of elements and sets of on-board equipment of the Organisation's telecommunications satellites;
3. conduct discussions on issues of discharges of telecommunications satellites for the Organisation;
4. in accordance with a Council order and within the limits of the powers laid down by the Council, conclude international and other agreements;
5. Drafts a draft budget for the next financial year, submits it to the Council for approval and reports to the Council on the implementation of the budget for the previous financial year;
6. prepares a report on the activities of the Directorate for the Council's deliberations for the past year;
7. draw up the projects of the Organisation's work plans as well as the development and improvement of the telecommunications system and submit them to the Council for approval;
8. Provides the preparation, assembly and organisation of Council meetings.
5. The Director-General and his Deputy Director shall be elected from among the citizens of the States whose governments are members of the Organisation for a period of four years. As a rule, a Deputy Director-General may be elected only for one period. The Director-General and his Deputy Director may not be citizens of the same State.
6. The Directorate staff shall be chosen from among the citizens of the States whose governments are members of the Organisation, having regard to professional qualifications and fair geographical representation.
1. The Revision Commission shall consist of three members elected by the Council for a period of three years from citizens of different States whose governments are members of the Organisation.
The Chairman and members of the Revision Committee may not hold any other positions at the Organization.
2. The Director-General shall provide the Revision Committee with all the materials and documents necessary for carrying out the inspection.
The report of the Revision Commission shall be submitted to the Council of the Organisation.
1. A statutory fund (basic and operational funds) is created to ensure the activities of the Organisation. Decisions on the establishment and level of the statutory fund shall be taken by the Contracting Parties on a proposal from the Council and shall be drawn up in a separate protocol. The participation of members of the Organisation for the Establishment of a Statutory Fund shall be determined in proportion to the extent of their use of telecommunications lines.
2. If an improvement in the telecommunications system proves necessary to increase the statutory fund, the sum of the additional contributions shall be distributed to the members of the Organisation who have agreed to this increase.
3. The following expenditure shall be charged to the members of the Organisation to the statutory fund:
1. scientific research and experimental design work on the space complex and on earth stations;
2. to develop projects, create, acquire or rent space complex;
3. for the launch and launch of telecommunications satellites by the Organisation;
4. for other purposes associated with the activities of the Organisation.
4. Pending the establishment of a statutory fund, the activities of the Organisation shall be carried out in accordance with a specific budget drawn up for each calendar year. Expenditure foreseen in the budget for the maintenance of the Directorate's staff, meetings of the Council and other measures of an administrative nature shall be reimbursed by members of the Organisation at the level laid down by the Contracting Parties on a proposal from the Council and recorded in a separate Protocol.
5. The contributions of the other members of the Organisation shall be amended accordingly when new members enter the Organisation or when members leave the Organisation.
6. The currency in which the contributions to the statutory fund and budget of the Organisation are paid shall be determined by the Contracting Parties on a proposal from the Council.
7. Of the amount not paid by the members of the Organisation within the specified period, the Organisation shall set 3% of the interest per year.
8. If members of the Organisation fail to fulfil their financial obligations within one year, the Council shall decide on a partial or total cessation of exercise of the rights arising from membership of the Organisation.
9. Profit from the operation of the telecommunications system shall be shared among the members of the Organisation in proportion to the sum of their contributions. According to the decision of the members of the Organisation, profit may be used to increase the statutory fund or to create any special funds.
10. Expenditure relating to the residence of participants in meetings and meetings relating to the performance of the tasks of the Organisation, including meetings of the Council, shall be borne by the Contracting Parties sending their representatives to such meetings and meetings.
1. The organisation operates a space complex, providing telecommunications circuits to its members and other users according to the provisions of the Agreement.
2. The telecommunications headings of the Organisation shall be allocated to members of the Organisation on the basis of their needs. Telecommunications circuits exceeding the overall need of all members of the Organisation may be leased to other users.
3. Telecommunications circuits shall be provided for fees set by the Council. The amount of the fees will be set at the level of the average world fees calculated in gold francs.
The method of payment for telecommunications services shall be determined by the Council.
1. Each Contracting Party may terminate this Agreement by written notification to the Depositary Government.
The denunciation of the Agreement by such a Contracting Party shall take effect after the end of the financial year in which the annual period expires from the date on which the Depositary Government received the denunciation. That Contracting Party shall pay, within a period to be fixed by the Council, the amount of the membership contributions allocated to it for the financial year in which the statement takes effect and all other financial commitments it has taken on.
2. The amount of the monetary compensation to the Contracting Party which has terminated the Agreement shall be determined by the Council in proportion to the total of the contributions of that Contracting Party to the Statutory Fund of the Organisation, taking into account the physical and moral wear of the basic funds. The financial compensation shall be paid after the Council has approved the budget report for the financial year in which the statement became effective.
The Agreement may be terminated with the agreement of all the Contracting Parties.
Termination of the Agreement means the liquidation of the Organisation.
The manner in which the Organisation is wound up shall be determined by the Council.
2. In the event of the liquidation of the Organisation, its principal funds shall be monetized and the members of the Organisation shall be paid cash compensation in proportion to their share in the investment costs of the establishment of the telecommunications system and taking into account the physical and moral wear of the basic funds. The funds in circulation, with the exception of the part needed to settle the obligations of the Organisation, shall be allocated among the members of the Organisation in proportion to the cash contributions actually paid on the date of the liquidation of the Organisation.
The languages of the Organization are English, French, Russian and Spanish.
The scope of language use shall be determined by the Council in accordance with the actual needs of the Organisation.
This Agreement shall be open for signature in Moscow by 31 December 1972.
2. The Agreement shall be subject to ratification. The instruments of ratification shall be deposited with the Government of the USSR appointed by the Depositary Government for this Agreement.
The Agreement shall enter into force after six instruments of ratification have been deposited.
1. The Government of any State which has not signed this Agreement may accede to it. In such a case, the Government shall forward to the Council of the Organisation an official notification that it agrees with the objectives and principles of the Organisation's activities and that it shall assume the obligations under this Agreement.
2. Documents relating to access to the Agreement shall be deposited with the depositary Government.
For governments which have deposited instruments of ratification or accession after the entry into force of this Agreement, the Agreement shall enter into force on the date on which those instruments were deposited.
Amendments to this Agreement shall enter into force for each Contracting Party which has accepted them, upon their approval by two thirds of the Contracting Parties. The amendment which has entered into force shall become binding on the other Contracting Parties after they have accepted the amendment.
1. The Depositary Government of this Agreement shall inform all Contracting Parties of the date of each signature, of the date of deposit of each instrument of ratification and of each instrument of accession, of the date of entry into force of the Agreement and of any other notification received.
2. This Agreement shall be registered by the depositary Government in accordance with Article 102 of the Charter of the United Nations.
This Agreement, whose English, French, Russian and Spanish texts are equally authentic, will be deposited in the archives of the depository government. The Depositary Government shall send duly certified copies of the Agreement to the Contracting Parties.
In evidence of the signature, duly authorized to do so, they signed this Agreement.
Dane in Moscow, 15 November 1971.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 142 / 1973 Coll., on the Agreement on the Creation of the International System and the Organization of Space Telecommunications "Intersputnik" |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.11.1973 |
|---|---|
| Effective from | 12.07.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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