Protocol on the privileges and immunities of the European Telecommunications Satellite Organization

The Protocol, concluded on 13 February 1987, regulates the immunities of the European Telecommunications Satellite Organization (EUTELSAT).

EUTELSAT shall, in the exercise of its official activities, have immunity from jurisdiction except in following cases: a) where the Director General expressly waives such immunity in a particular case; b) where a civil action is brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operating on behalf of EUTELSAT, or in respect of traffic offense involving such a vehicle or means of transport; c) for the attachment, pursuant to the final order of a court of law, of the salaries and emoluments including pensions, owed by EUTELSAT to a staff member or a former staff member; d) in respect of a counter-claim directly connected with judicial proceedings initiated by EUTELSAT; e) for the enforcement of an arbitration award made under Article XX of the Convention or Article 20 of the Operating Agreement (Article 3).

Staff Members and Experts shall enjoy immunity from jurisdiction even after they have left the service EUTELSAT, in respect of acts, including words spoken or written, done by them in the performance of their official functions; however, this immunity shall not apply 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 a staff member, or in respect of a traffic offense involving such a vehicle end committed by him (Articles 9 and 11).

The Director General shall enjoy immunity from civil and administrative jurisdiction and execution as enjoy by diplomatic agents, and full immunity from criminal jurisdiction; however, these immunities shall not apply 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 him, or in respect of a traffic offense involving such a vehicle and committed by him, subject to sub-paragraph a) above (Article 10):

If privileges and immunities are likely to impede the course of justice, and in all cases where they may be waived without prejudice to the purposes for which they have been accorded, the competent authorities have the right and duty to waive such privileges and immunities (Article 14).

EUTELSAT and all persons enjoying privileges and immunities under this Protocol shall respect the laws and regulations of the Parties to the Protocol concerned and cooperate at all times with the competent authorities of those Parties in order to ensure the observance of their laws and regulations and to prevent any abuse of the privileges and immunities provided for in this Protocol (Article 16).

When concluding written contracts, other than those concluded in accordance with the staff regulations or those in which the Director General has expressly waived the immunity of EUTELSAT from jurisdiction, EUTELSAT shall provide for arbitration. The arbitration clause shall provide a means of establishing the law and procedure applicable, the composition of the tribunal, the procedure for the appointment of the arbitrators and the seat of the tribunal. The execution of the arbitration award shall be governed by rules in force in the State in whose territory the award is to be executed (Article 19)