Protocol on Intelsat Privileges, Exemptions and Immunities

The Protocol, concluded in Washington on 19 May 1978 and entered into force in 1980, establishes the privileges and immunities of the International Telecommunications Satellite Organization (Intelsat) to ensure its proper and independent functioning.

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 offense 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; (f) in respect of the enforcement of an arbitration award made under XVIII of the Agreement (Article 3).

The staff members enjoys 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 offense involving such a vehicle and committed by them (Article 7).

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 Board of Governs and the Director General shall waive these immunities (Article 9).

INTELSAT and its staff members shall co-operate 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 (Article 11).