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

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

📋 Document Information

Series: P-Series (Programme) Date: April 2005 Source: Cospas-Sarsat Official Documents

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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