gr-mcp-docs/reference/cospas-sarsat/p-series/p005.md

---
title: "P005: P5NOV05.doc"
description: "Official Cospas-Sarsat P-series document P005"
sidebar:
  badge:
    text: "P"
    variant: "note"
# Extended Cospas-Sarsat metadata
documentId: "P005"
series: "P"
seriesName: "Programme"
documentType: "programme"
isLatest: true
documentDate: "April 2005"
originalTitle: "P5NOV05.doc"
---

> **📋 Document Information**
>
> **Series:** P-Series (Programme)
> **Date:** April 2005
> **Source:** [Cospas-Sarsat Official Documents](https://www.cospas-sarsat.int/en/documents-pro/system-documents)

---

P5NOV05
C/S P.005
ARRANGEMENT
BETWEEN CANADA,
THE REPUBLIC OF FRANCE,
THE RUSSIAN FEDERATION AND
THE UNITED STATES OF AMERICA
REGARDING THE HEADQUARTERS OF
THE INTERNATIONAL COSPAS-SARSAT PROGRAMME
ARRANGEMENT
ENTRE LE CANADA,
LA REPUBLIQUE FRANCAISE,
LA FEDERATION DE RUSSIE ET
LES ETATS-UNIS D'AMERIQUE
CONCERNANT
LE SIEGE DU PROGRAMME INTERNATIONAL COSPAS-SARSAT

ARRANGEMENT BETWEEN CANADA, THE REPUBLIC OF FRANCE,
THE RUSSIAN FEDERATION AND THE UNITED STATES OF AMERICA
REGARDING THE HEADQUARTERS OF
THE INTERNATIONAL COSPAS-SARSAT PROGRAMME
The governments of Canada, the Republic of France, the Russian Federation and the United States
of America, parties to the International Cospas-Sarsat Programme Agreement (herein after
referred to as the Programme Agreement);
RECOGNIZING that the Programme Agreement formally acknowledges that the International
Cospas-Sarsat Programme utilises satellites and a worldwide network of ground stations to detect
and relay distress signals from maritime, aviation and land-based users, thereby supporting the
search and rescue objectives of the International Maritime Organization (IMO) and of the
International Civil Aviation Organization (ICAO);
BEARING IN MIND Article 10 of the Programme Agreement, which provides, inter alia, that the
Secretariat shall be the permanent administrative organ for the Programme and shall assist the
Cospas-Sarsat Council (herein after referred to as the Council) in the implementation of its
functions, that it shall be managed by a Head of Secretariat, and that it shall take direction from
the Council in the performance of its functions;
BEARING IN MIND Article 6 of the Programme Agreement, which requires, inter alia, that the
common costs associated with the organization, administration and coordination of the
Programme, including those incurred in financing the activities of the Council and Secretariat,
shall be shared equally by the Parties to the Programme Agreement;
CONSIDERING that the Cospas-Sarsat Council has decided to establish the Headquarters of the
Cospas-Sarsat Programme in the City of Montreal, in the Province of Quebec, Canada;
Have reached the following understanding:
Definitions
1.
In this Arrangement:
(a)
the term "Organization" means the Cospas-Sarsat Programme, comprising the
Council and the Secretariat as described in the Programme Agreement;
(b)
the term "Representatives of Member States" means the representatives of those
states which are parties to the Programme Agreement;
(c)
the term "Officials" means the Head of Secretariat and all other individuals who are
employed full-time by the Organization;
(d)
the term "Experts" means individuals, who are neither Representatives of Member
States nor Officials, who are performing missions for the Organization and may
include experts from states or organizations officially associated with the
Organization, who are attending official meetings or conferences of the Organization.

Status of the Organization
2.
The Organization will have the legal capacities of a body corporate under Canadian
domestic law, without prejudice to the privileges and immunities provided in this
Arrangement, and the Head of Secretariat will be its legal representative with respect to the
functions described in the Programme Agreement.
3.
The Organization, its property and assets, wherever located in Canada and by whomsoever
held, will enjoy immunity from every form of legal process in Canada except in so far as in
any particular case it has expressly waived its immunity.  It is, however, understood that no
waiver of immunity will extend to any measure of execution except with the express
consent of the Organization.
4.
(a)  The premises of the Organization's headquarters will be inviolable.  Representatives
of the Canadian competent authorities will not enter the premises of the Organization
except with the consent of the Head of Secretariat or the person authorized by the
Head of Secretariat.  However, this consent is presumed to be given in the event of fire
or an emergency situation in the premises that creates a direct and serious threat to the
life and security of persons.
(b)  The property and assets of the Organization, wherever located and by whomsoever
held in Canada, will be immune from search, requisition, confiscation, expropriation,
and any other form of interference, whether by executive, administrative, judicial or
legislative action.
(c)  The Organization will not allow its headquarters to be used as a refuge for persons
seeking to avoid arrest, or the service or execution of legal process.
5.
The archives of the Organization, and in general all documents belonging to it or held by it,
will be inviolable wherever located in Canada.
6.
The Organization, its assets, income and other property in Canada will be:
(a)  exempt from all direct taxes; it is understood, however, that the Organization will not
claim exemption from taxes which are, in fact, no more than charges for public utility
services;
(b)  exempt from customs duties and prohibitions and restrictions on imports and exports
in respect of articles imported or exported by the Organization for its official use; it is
understood, however, that articles imported under such exemption will not be sold or
disposed of in Canada except under conditions agreed with the Government of
Canada;
(c)  exempt from all import, export and sales prohibitions and restrictions, and from
customs duties and excise, with respect to its publications, including audio-visual
material.
7.
While the Organization will not, as a general rule, claim exemption from excise duties and
from taxes on the sale of movable and immovable property which form part of the price to
be paid, nevertheless when the Organization is making important purchases for official use
of property on which such duties and taxes have been charged or are chargeable, the
Organization will, whenever possible, make appropriate administrative arrangements for the
remission or return of the amount of duty or tax.

Facilities in Respect of Communications
8.
The Organization will enjoy in Canada for its official communications treatment not less
favourable than that accorded by the Government of Canada to any other Government in the
matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos,
teletype and facsimile machines, telephones and other means of telecommunications; and
press rates for information to the press and radio.  No censorship will be applied to the
official correspondence and other official communications of the Organization.
9.
The Organization will have the right to use codes and cipher and to despatch and receive its
correspondence by courier or in bags, which will have the same immunities and privileges
as diplomatic couriers and bags.
Representatives of Member States
10.
Representatives of Member States to meetings and conferences convened by the
Organization will enjoy the following privileges and immunities within Canada, while
exercising their functions and during their journey to and from the place of meeting:
(a)
immunity from personal arrest or detention and from seizure of their personal
baggage, and, in respect of words spoken or written and all acts done by them in their
capacity as representatives, immunity from legal process of every kind;
(b)
inviolability for all papers and documents;
(c)
the right to use codes and to receive papers or correspondence by courier or in sealed
bags;
(d)
exemption in respect of themselves and their spouses from immigration restrictions,
aliens registration or national service obligations in Canada;
(e)
the same immunities and facilities in respect of their personal baggage as are accorded
to diplomatic envoys; and also
(f)
such other privileges, immunities and facilities not inconsistent with the foregoing as
diplomatic envoys enjoy, except that they shall have no right to claim exemption from
customs duties on goods imported (otherwise than as part of their personal baggage)
or from excise duties or sales taxes.
11.
In order to secure within Canada, for the Representatives of Member States to meetings and
conferences convened by the Organization, complete freedom of speech and independence
in the discharge of their duties, the immunity from legal process in respect of words spoken
or written and all acts done by them in discharging their duties will continue to be accorded,
notwithstanding that the persons concerned are no longer the Representatives of Member
States.
12.
Privileges and immunities within Canada are accorded to the Representatives of Member
States not for the personal benefit of the individuals themselves, but in order to safeguard
the independent exercise of their functions in connection with the Organization.
Consequently, a Member State should waive the immunity of its representative in any case
where in the opinion of the Member State the immunity would impede the course of justice,
and it can be waived without prejudice to the purpose for which the immunity is accorded.

Officials
13.
The Officials of the Organization will, within Canada:
(a)  be immune from legal process in respect of words spoken or written and all acts
performed by them in their official capacity;
(b)  be exempt from taxation on the salaries and emoluments paid to them by the
Organization;
(c)  be immune from national service obligations in Canada;
(d)  be immune, together with their spouses and relatives dependent upon them, from
immigration restrictions and alien registration;
(e)  be given, together with their spouses and relatives dependent on them, the same
repatriation facilities in time of international crisis as diplomatic envoys;
(f)
have the right to import free of duty their furniture and effects, including motor
vehicles, at the time of first taking up their post in Canada.
14.
In addition to the immunities and privileges specified in paragraph 13, the Head of
Secretariat will be accorded, within Canada, in respect of himself or herself, his or her
spouse and minor children, the privileges and immunities, exemptions and facilities
accorded to diplomatic envoys, in accordance with international law.
15.
Privileges and immunities are granted within Canada to Officials in the interests of the
Organization and not for the personal benefit of the individuals themselves.  The Head of
Secretariat should waive the immunity of any Official in any case where, in his or her
opinion, the immunity would impede the course of justice and can be waived without
prejudice to the interests of the Organization.  In the case of the Head of Secretariat, the
Council will have the right to waive immunity.
Experts on Missions for the Organization
16.
Experts performing missions for the Organization will be accorded within Canada such
privileges and immunities as are necessary for the independent exercise of their functions
during the period of their missions.  In particular they will be accorded:
(a)
immunity from personal arrest or detention and from seizure of their personal
baggage;
(b)
in respect of words spoken or written and acts done by them in the course of the
performance of their mission, immunity from legal process of every kind.  This
immunity from legal process will continue to be accorded notwithstanding that the
persons concerned are no longer employed on missions for the Organization;
(c)
inviolability for all papers and documents;
(d)
for the purpose of their communications with the Organization, the right to use codes
and to receive papers or correspondence by courier or in sealed bags;

(e)
the same facilities in respect of currency or exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(f)
the same immunities and facilities in respect of their personal baggage as are accorded
to diplomatic envoys.
17.
Privileges and immunities are granted within Canada to experts in the interests of the
Organization and not for the personal benefit of the individuals themselves.  The Head of
Secretariat, in consultation with Member States, should waive the immunity of any expert in
any case where, in his or her opinion, the immunity would impede the course of justice and
it can be waived without prejudice to the interests of the Organization.
Canadian Citizens and Permanent Residents
18.
Nothing in this Arrangement exempts a Canadian citizen or permanent resident from
liability for any taxes or duties imposed by any law in Canada.
Abuse of Privileges
19.
If the Government of Canada considers that an abuse of a privilege or immunity described
in this Arrangement has occurred, consultation will take place between the Government of
Canada and the Organization in order to determine whether such an abuse has occurred,
and, if so, to endeavour to prevent its repetition.
20.
The Organization will cooperate at all times with the appropriate Canadian authorities to
facilitate the proper administration of justice, to secure observance of police regulations and
prevent the occurrence of any abuse of the privileges and immunities and facilities referred
to in this Arrangement.
Notification Procedure
21.
The Secretariat will inform the Minister of Foreign Affairs of the names of Representatives
of Member States, Officials posted to Canada, including the Head of Secretariat, and
Experts on missions for the Organization, before they take up or relinquish their functions
in Canada.
Flag and Emblem
22.
The Organization is entitled to display the Cospas-Sarsat flag and emblem on its premises
and on its vehicles.
Settlement of Disputes
23.
The signatories will resolve any disputes relating to this Arrangement through mutual
consultation and negotiation.

National Security
24.
Nothing in this Arrangement will be construed as in any way limiting the right of Canadian
authorities to refuse entry into Canada to individuals for reasons of national security,
provided that the Organization will be immediately informed in the event that the
Government of Canada finds it necessary to take such action in relation to any person
enumerated in the Arrangement.
Final Provisions

Privileges and immunities granted in this Arrangement will be granted by the Government
of Canada and not by the Governments of the Republic of France, the Russian Federation
and the United States of America.
26.
This Arrangement will not be binding under international law.  It will come into effect on
the date when both following conditions are fulfilled:
a)
the signature of the Arrangement by the four parties; and
b)
the publication in the Canada Gazette of the Order in Council recognizing the legal
personality of the Organization and granting to it privileges and immunities in Canada.
27.
This Arrangement may be amended by mutual consent of the signatories.
28.
This Arrangement can be terminated by the Government of Canada or by the Organization
on behalf of the signatories, one year after written notification of intent to terminate is
provided.
29.
Unless terminated in accordance with paragraph 28 above, this Arrangement will remain in
effect for as long as the Programme Agreement remains in force and will be automatically
terminated at the date the Programme Agreement ceases to be in force.
30.
Nothing in this Arrangement is intended to conflict with the provisions of the Programme
Agreement.  In the event of conflict between the provisions of this Arrangement and the
Programme Agreement, the provisions of the Programme Agreement will take precedence.
Done in      five        originals, at    Montreal  , this   5th   day of    April    2005, in the English,
French and Russian languages, each version being equally valid.

ARRANGEMENT ENTRE LE CANADA, LA REPUBLIQUE FRANCAISE,
LA FEDERATION DE RUSSIE ET LES ETATS-UNIS D'AMERIQUE
CONCERNANT LE SIEGE DU PROGRAMME INTERNATIONAL
COSPAS-SARSAT
Les gouvernements du Canada, de la Republique francaise, de la Federation de Russie et des
Etats-Unis d'Amerique, parties a l'Accord relatif au programme international Cospas-Sarsat
(ci apres << Accord relatif au Programme >>);
CONSTATANT que l'Accord relatif au programme reconnait officiellement que le Programme
international Cospas-Sarsat utilise des satellites et un reseau mondial de stations terrestres pour
detecter et relayer les signaux des utilisateurs maritimes, aeronautiques et terrestres, et appuie
ainsi les objectifs de recherche et de sauvetage en mer de l'Organisation maritime internationale
(OMI) et de l'Organisation de l'aviation civile internationale (OACI);
RAPPELANT l'article 10 de l'Accord relatif au Programme, qui prevoit, notamment, que le
Secretariat est l'organe administratif permanent du Programme et qu'il assiste le Conseil Cospas-
Sarsat (ci-apres le Conseil) dans l'exercice de ses fonctions, qu'il est administre par un Chef du
Secretariat, et qu'il recoit ses instructions du Conseil pour l'accomplissement de ses fonctions;
RAPPELANT l'article 6 de l'Accord relatif au Programme, selon lequel, notamment, les charges
communes relatives a l'organisation, a l'administration et a la coordination du Programme, y
compris celles engagees au titre du financement des activites du Conseil et du Secretariat, sont
partagees egalement entre les Parties a l'Accord relatif au Programme;
CONSIDERANT que le Conseil Cospas-Sarsat a decide d'installer le Siege du Programme
Cospas-Sarsat dans la ville de Montreal, dans la Province de Quebec (Canada);
Sont convenus de ce qui suit :
Definitions
1.
Les definitions qui suivent s'appliquent au present Arrangement.
(a)
<< Organisation >> :  Le Programme Cospas-Sarsat, comprenant le Conseil et le
Secretariat, tels qu'ils sont definis dans l'Accord relatif au Programme;
(b)
<< representants d'un Etat membre >> :  Les representants des Etats qui sont parties a
l'Accord relatif au Programme;
(c)
<< fonctionnaires >> :  Le Chef du Secretariat et toutes les autres personnes qui sont
employees a temps complet par l'Organisation;
(d)
<< experts >> :  Les personnes qui ne sont ni des representants d'un Etat membre, ni des
fonctionnaires, et qui accomplissent des missions pour l'Organisation, notamment les
experts des Etats ou des Organisations officiellement associees avec l'Organisation,
qui assistent a des reunions officielles ou a des conferences de l'Organisation.

## Pages 10-23

[French and Russian translations of the same arrangement, followed by signature page]

Ms. Jean Murray - 5 April 2005 - For Canada
Mr. Mario Hucteau - 5 April 2005 - For the Republic of France
Mr. Igor Golubovsky - 5 April 2005 - For the Russian Federation
Mr. Ajay Mehta - 5 April 2005 - For the United States of America