KEPPRES No. 37 Tahun 1989

Keputusan Presiden ini mulai berlaku pada tanggal diundangkan.

Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini
dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Ditetapkan di Jakarta

pada tanggal 26 Juli 1989

PRESIDEN REPUBLIK INDONESIA

SOEHARTO

Diundangkan di Jakara
Pada tanggal 26 Juli 1989

MENTERI/SEKRETARIS NEGARA
REPUBLIK INDONESIA

MOERDIONO

LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1989 NOMOR 25

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LAMPIRAN
KEPUTUSAN PRESIDEN REPUBLIK INDONESIA
NOMOR 37 TAHUN 1989
TANGGAL 16 JULI 1989
RESERVATIONS TO THE PROOTOCOL ON THE PRIVILEGES
AND IMMUNITIEES OF THE INTERNATIONAL
MARITIME SATELLITE ORGANIZATION (INMARSAT)

"The Government of the Republik of Indonesia expresses reservations with regard to Article
2 (3.b), 4, 7, 8, 9, 10, 11, 17, as follows :
1. The capacity of the INMARSAT to acquire and dispose, in particular, of immovable
property shall be exercised with due regard to the Indonesian Laws and Regulations.
2. The exemption from taxes and duties provided in Article 4 accorded to the INMARSAAT
are subject to the Indonesian Laws and Regulations.
3. The privileges and immunities accorded to the INMARSAT as prescribed in Article 7, 8,
9, 10, and 11 respectively, shall be exercised with due regard to the Indonesian Laws
and Regulations.
4. Any dispute arising out of the interpretation or implementation of this PpProtocol
ppprovided in Article 17, shall be settled be settled through negotiation or consultation."

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF

THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT)

Entered into Force on 30 July 1983

ARTICLE 1
Use off Terms

ARTICLE 2
Immunity of INMARSAT from Juridiction and Execution

ARTICLE 3
Inviolability of Archives

ARTICLE 4
Exemption from Taxes and Duties

ARTICLE 5
Funds, Currency and Securities

ARTICLE 6
Official Communication and Publications

ARTICLE 7
Staff Members

ARTICLE 8
Director General

ARTICLE 9
Representatives of Parties

ARTICLE 10 Representatives of Signatories
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ARTICLE 11 Experts

ARTICLE 12 Notification of Staff Members and Experts

ARTICLE 13 Waiver

ARTICLE 14 Assistance to Individuals

ARTICLE 15 Observance of Laws and Regulationstions

ARTICLE 16 Precautionary Measures

ARTICLE 17 Settlement of Disputes

ARTICLE 18 Complementary Agreements

ARTICLE 19 Signature, Ratification and Accession

ARTICLE 20 Entry into Force and Duration of Protocol

ARTICLE 21 Entry into Force and Duration for a State

ARTICLE 22 Depositary

ARTICLE 23 Authentic Texts

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES

OF THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT)

THE STATES PARTIES TO THIS PROTOCOL :

HAVING REGARD to the Convention and the Operating Agreement on the
International Maritime Satellite Organization (INMARSAT) opened for signature at London
on 3 September 1976 and, in particular, to Article 25 and 26 (4) of the Convention;

TAKING NOTE that INMARSAT has concluded a Headquarters Agreement with the
Government of the United Kingdom off Great Britain and Northern Ireland on 25 February
1980;

CONSIDERING that the aim of this Protocol is to facilitate the achievement of the
purpose of INMARSAT and to ensure the efficient performance of its functions;

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HAVE AGREED AS FOLLOWS:

Article 1

Use of Terms

For the purpose of this Protocol:
(a) "Convention" means the Convention on the Inteernational Maritime Satellite
Organization (INMARSAT), including its Annex, opened for signature at London on 3
September 1976;
(b) "Operating Agreement" means the Operating Agreement on the International Maritime
Satellite Organization (INMARSAT), including its Annex, opened for signature at
London on 3 September 1976;
(c) "Party to the Convention" means aState for which the Convention is in force;
(d) "Headquarters Party" means the Party to the Convention in whose territory INMARSAT
has established its headquarters;
(e) "Signatory" means either a Party to the Protocol or an entity designated by a Party to
the Protocol for which the Operating Agreement is in force;
(f) "Party to the Protocol" means a State fffor which this PpProtocol is in force;
(g) "Staff member" means the Director General and any person employed full time by
INMARSAT and subject to its staff regulations;
(h) "Representatives" in the case of Parties to the Protocol, the Headquarters Party and
Signatories means representatives to INMARSAT and in each case means heads of
delegations, altermates and advisers;
(i) "Archives" includes all manuscripts, correspondence, documents, photographs, films,
optical and magnetic recordings, data recordings, graphic representations and
computer programmes, belonging to or held by INMARSAT;
(j) "Official activities" of INMARSAT means activities carried out by the Organization in
pursuance of its purpose as defined in the Convention and includes its administrative
activities;
(k) "Expert" means a person other than a staff member appointed to carry out a specific
task for or on behalf of INMARSAT and at its expense;
(l) "INMARSAT space segmment" means the satellites, and tracking, telemetry, command,
control, monitoring and related facilities and equipment required to support the
operation of these satellites, which are ownnned or leased by INMARSAT;
(m) "Property" means anything that can be the subject of a righ of ownership including
contractual rights.

Article 2

Immunity of INMARSAT from Jurisdiction and Execution

(1) Unless it has expressly waived waived immunity in a particular case, INMARSAT shall,
within the scope of its official activiities, have immunity from jurisdiction except in
respect of:

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(a) its commercial activities;
(b) 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,
INMARSAT, or in respect of a traffic offence involving such means of transport;
(c) the attachment, pursuant to the final order of a court of law, of the salaries and
emoluments, including pension rights, owed by INMARSAT to a staff member, or a
former siaff member;
(d) a counter-claim directly connected with judicial proceedings initiated by INMARSAT.
(2) Notwithstanding paragraph (1), no action shall be brought in the course of Parties to the
Protocol against INMARSAT by Parties to the Convention, Signatories or persons
acting for or deriving claims from any of them, relating to rights and obligations under
the Convention or Operating Agreement.
(3) (a)The INMARSAT space segment, wherever located and by whomsoever held, shall
be immune from any search, restraint, requisition, seizure, confiscation, expropriation,
sequestration or execution, whether by executive, administrative or judicial action.
(b) All other property and assets of INMARSAT, whereever located and by whomsoever
held, shall enjoy the immunity set out in paragraph (3)(a). except in respect of;
(i) an attachment or execution in order to satisfy a final judgement or order of a
court of law that relates to any proceedings that may be brought agains
INMARSAT pursuant to paragraph (1);
(ii) any action taken in accordance eeith the law of the State concerned which is
temporarily necessary in connection with the prevention of and investigation into
accident involving motor vehicles or other means of transport belonging to, or
operated on behalf of, INMARSAT;
(iii) expropriation in respect of real property for public purposes and subject to
prompt payment of fair compensation, provided that such expropriation shall not
prejudice the functions and operations of INMARSAT.

Article 3

Inviolability of Archives

The archives of INMARSAT shall be inviolable wherever located and by whomsoever held.
Article 4

Exemption from Taxes and Duties

(1) Within the scope of its official activities, INMARSAT and its property and income shall
be exempt from all national direct and other taxes not normally incorporated in the price
of goods and services.
(2) If INMARSAT, within the scope of its official activities, acquires goods or uses services
of substantial value, and if the price of these goods or services includes taxes or duties
Parties to the Protocol shall, whenever possible, take appropriate measures to remit or
reimburse the amount of such taxes or duties.
(3) Within the scope of its official activities, INMARSAT shall be exempt from customs
duties, taxes and related charges on the INMARSAT space segment and on equipment
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connected with the launching of satellites for use in the INMARSAT space segment.
(4) Goods acquired by INMARSAT within the scope of its official activities shall be exempt
from all prohibitions and restriction on import or export.
(5) No exemption shall be accorded in respect of taxes and duties which represent charges
for specific services rendered.
(6) No exemption shall be accorded in respect of goods acquired by, or services provided
to, INMARSAT for the personal benefit of staff members.
(7) Goods exempted under this Article shall not be transferred, hired out or lent,
permanently or temporarily, or sold, excepts in accordance with conditions laid down by
the Party to the Protocol which granted the exemption.
(8) Payments from INMARSAT to Signatories, pursuant to the Operating Agreement shall
be exempt from national taxes by any Party to the Protocol, other than the Party which
has designated the Signatory.

Article 5

Fund, Currency and Securities

INMARSAT may receive and hold any kind of funds, currency or securities and
dispose of them freely for any of its official activities. It may hold accounts in any currency
to the extent required to meet its obligations.

Article 6

(1) With regard to its official communication and transfer of all its documents, INMARSAT
shall enjoy in the territory of each of each Party to the Protocol treatment not less
favourable than that generally accorded to equivalent intergovernmental organizations
in the matter of priorities, rates and taxes on mails and all forms of telecommunications,
as far as may be compatible with any international agreements to which that Party to the
Protocol is a party.
(2) With regard to its official communications, INMARSAT may employ all appropriate
means of communication, including messages in code or cypher. Parties to the Protocol
shall not impose any restriction on the official communications of INMARSAT or on the
circulation of its official publications. No censorship shall be applied to such
communications and publications.
(3) INMARSAT may install and use radio transmitter only with consent of the Party to the
Protocol concemed.

Article 7

Staff Members

(1) Staff members shall enjoy the following privileges and immunities:
(a) immunity from jurisdiction, even after they have left the service of INMARSAT, in
respect of acts, including words spoken or written, done by them n the exercise of
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their official functions, this immunity shall not, however, apply in the case of a traffic
offence committed by a staff member, or in the case of damage caused by a motor
vehicle or other means of transport belonging to or driven by him;
(b) exemption, together with members of their families part of their respective
households, from any obligations in respect of national service, including military
service;
(c) inviolability for all their official papers related to the exercise of their functions within
the scope of the official activities of INMARSAT;
(d) exemption, together with members of their families part of their respective
households, from immigration restriction and alien registration;
(e) the same treatment in the matter of currency and exchange control as is accorded
so staff members of intergovernmental organizations;
(f) together with members of their families forming part of their respective households,
the same facilities as to repatriation in time of international crisis as are accorded to
staff members of intergovernmental organizations;
(g) the right to import free of duty their furniture and personal effect, including a motor
vehicle, at the time of first taking up their post in the State concerned and the right to
export them free of duty on termination of their functions in that State, in both cases
in accordance with the laws and regulations of the State concerned. However,
except in accordance with such laws and regulations goods which have been
exempted under this sub-paragraph shall not be transferred, hired out or lent,
permanently or temporarily, or sold.
(2) Salaries and emoluments paid by INMARSAT to staff members shall be exempt from
income tax from the date upon which staff memberes have begun to be liable for a tax
imposed on their salaries by INMARSAT for the latter's benefit. Parties to the Protocol
may take these salaries and emoluments into account for the purpose of assessing the
amount of taxes to be applied to income from other sources. Parties to the Protocol are
not required to grant exemption from income tax in respect of pensions and annuities
paid to former staff members.
(3) Provided that staff members are covered by an INMARSAT social security scheme
INMARSAT and its staff members shall be exempt from all compulsory contributions to
national social security schemes. This exemption does not preclude any voluntary
participation in a national social security scheme in accordance with the law of the Party
to the Protocol concemed, neither does it obliged a Party to the Protocol to make
payments of benefits under social security schemes to staff members who are exempt
under the provisions of this paragraph.
(4) The Parties to the Protocol shall not be obliged to accord to their nationals or
permanent residents the privileges and immunities referred to in sub-paragraph (b), (d),
(e), (f) and (g) of paragraph (1).
Article 8

Director General

(1) In addition to the privileges and immunities provided for staff members under Article 7,
the Director General shall enjoy:
(a) immunity from arrest and detention;
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(b) immunity from civil and administrative jurisdiction and execution enjoyed by
diplomatic agents, except in the case of damage caused by a motor vehicle or other
means of transport belonging to or driven by him;
(c) full immunity from criminal jurisdiction, except in the case of a traffic offence caused
by a motor vehicle or other means of transport belonging to, or driven by him,
subject to sub-paragraph (a) above.
(2) The Parties to the Protocol shall not be obliged to accord to their nationals or
permanent residents the immunities referred to in this Article.

Article 3

Representatives of Parties

(1) Representatives of the Parties to the Protocol and representatives of the Headquarters
Party shall enjoy, while exercising their place of meeting, the following privileges and
immunities:
(a) immunity from any form of arrest or detention pending trial;
(b) immunity from jurisdiction, even after the termination of their mission, in respect of
acts, including words spoken or written, done by them in the exercise of their official
functions, however, there shall be no immunity in the case of a traffic offence
committed by a representative, or in the case of damage caused by a motor vehicle
or other means of transport belonging to or driven by him;
(c) inviolability for all their official papers;
(d) exemption, together with members of their families part of their respective
housenolds, from immigration restriction and alien registration;
(e) the same treatment in the matter of currency aand exchange control as is accorded
to representatives of foreign governments on temporary official missions;
(f) he same treatment in the matter of customs as regards their personal luggage as is
accorded to representatives of foreign governments on temporary official missions.
(2) The provisions of paragraph (1) shall not apply in relations between a Party to the
Protocol and its representatives. Further, the provisions of paragraphs (a), (d), (e) and
(f) of paragraph (1) shall not apply in relations between a Party to the Protocol and its
nationals or permanent residents.

Article 10

Representatives of Signatories

(1) Representatives of Signatories and representatives of the Signatory of the
Headquarters Party shall, wwhile exercising their official functions in rrelation to the
work of INMARSAT and in the course of their journeys to and from their place of
meeting, enjoy the following privileges and immunities:
(a) immunity from jurisdiction, oven after the termination of their mission, in respect of
acts, including words spoken or written, done by them in the exercise of their official
functions: however, there shall be no immunity in the case of a traffic offence
committed by a representative, or in the case of damage caused by a motor vehicle
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or oother means of transport belonging to or driven by him;
(b) inviolability for all other official papers;
(c) exemption, together with members of their families forming part of thheir respective
households, from immigration restrictions and alien registration.
(2) The provisions of paragraph (1) shall not apply in relations between a Party to the
Protocol and the representative of the Signatory designated by it. Futher, the provisions
of sub-paragraph (c) of paragraph (1) shall not apply in relations between a Party to the
Protocol and its nationals or permanent residents.

Article 11

Experts

(1) Experts, while exercising their official functions in relation to the work ooof INMARSAT,
and in the course of their journeys to and from the place of their missions, shall enjoy
the following privileges and immunities:
(a) immunity from jurisdiction, oven after the termination of their mission, in respect of
acts, including words spoken or written, done by them in the exercise of their official
functions: however, there shall be no immunity in the case of ddamage cause by a
motor vehile or other means of transport belonging to or driven by him;
(b) inviolability for all their official papers;
(c) the same treatment in the matter of currency and exchange control as is accorded to
the staff members of intergovernmental organizations;
(d) exemption, together with members of their families forming part of thheir respective
households, from immigration restrictions and alien registration;
(e) the same facilities as regards their personal luggage as are accorded to experts of
their intergovernmental organizations.
(2) The Parties to the Protocol shall not be obliged to accord to their nationals or
permanent residents the privileges and immunities referred to in sub-paragraphs (c),
(d), and (e) of paragraph (1).

Article 12

Notification of Staff Members and Experts

The Director General of INMARSAT shall at least once every year notify the Parties
to the Protocol of the names and nationalities of the staff members aand experts to whom
the provisions of Article 7, 8 and 11 apply.

Article 13

Waiver

(1) The privileges, exemptions and imunities provided for in this Protocol are not granted
for the personal benefit of individuals but for the efficient performance of their official
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functions.
(2) If, in the view of the aouthorities listed below, privileges and immunities are likely to
impede the couse of justice, and in all cases where they may be waived without
prejudice to the purposes for which they have been accorded, these authorities have
the right and duty too waive such privileges and immunities;
(a) the Parties to the Protocol in respect of their representatives and representatives of
their Signatories;
(b) the Council in respect of the Director General of INMARSAT;
(c) the Director General of INMARSAT in respect to staff members and experts;
(d) the Assembly, convened if necessary in extraordinary session, in respect of
INMARSAT.

Article 14

Assistance to Individuals

The Parties to the Protocol shall take all appropriate measures to facilitate entry,
stay and departure of representatives, staff members and experts.

Article 15

Observance of Laws and Regulations

INMARSAT, and aall persons enjoying privileges and immunities under this
Protocol, shall without prejudice to the other provisions thereof, respect the laws and
regulations of the Parties to the Protocol concermed and cooperate at all times with the
competent authorities of those Parties in order to ensure the observance of their laws and
regulations.

Article 16

Precautionary Measures

Each Party to the Protocol retains the right to take all precautionary measures necessary in
the interest of its security.

Article 17

Settlement of Disputes

Any dispute between Parties to the Protocol or between INMARSAT and a Party to
the Protocol concerning the interpretation or application of the Protocol shall be settled by
negotiation or by some other agreed method. If the dispute is not ssettled within twelve (12)
months, the parties concerned may, by common agreement, refer the dispute for decision
to a tribunal of three arbitrators. One of these arbitrators shall be chosen by each of the
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parties by the first two arbitrators. Should the first two arbitrators fail to agree upon the third
within two months of their own appointment, the third arbitrator shall be chosen by the
President of the international Court of Justice. The tribunal shall adopt its own procedures
and its decisions shall be final and binding on the parties to the dispute.

Article 18

Complementary Agreements

INMARSAT may conclude with any Party to the Protocol complementary
agreements to give effect to the provisions of this Protocol as regards such Party to the
Protocol to ensure the efficient functioning of INMARSAT.

Article 19

Signature, Ratification and Accession

(1) This Protocol shall be open for signature at London from 1 Desember 1981 to 31 May
1982.
(2) All Parties to the Convention, other than the Headquarters Party, may become Parties
to this Protocol by:
(a) signature not subject to ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification,
acceptance or approval; or
(c) accession.
(3) Ratification, acceptance, approval or accession shall be effected by the deposit of the
appropriate instrument with the Depositary.
(4) Reservations to this Protocol may be made in accordance with international law.

Article 20

Entry into Force and Duration of Protocol

(1) This Protocol shall entern the thirtieth day after the date on which ten Parties to the
Convention have fulfilled the requirements of paragraph (2) of Article 19.
(2) This Protocol shall cease to be in force if the Convention ceases to be in force.

Article 21

Entry into Force and Duration for a State

(1) For a State which has fulfilled the requirements of paragraph (2) of Article 19 after the
date of entry into force of this Protocol shall enter into force the thirtieth day after the
date of signature or of the deposit of such instrument with the Depositary respectively.
(2) Any Party to the Protocol may denounce this Protocol by giving written notice to the
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Depositary. The denunciation shall become effective twelve (912) months after the date
of receipt of the notice by the Depositary or such longer period as may be specified in
the notice.
(3) A Party to the Protocol shall cease to be a Party to the Protocol on the date that it
ceases to be a Party to the Convention.

Article 22

Depositary

(1) The Director General of INMARSAT shall be the Depositary of this Protocol.
(2) The Depositary shall, in particular, promptly notify all Parties to the Convention of:
(a) any signature of the Protocol;
(b) the deposit off any instrument of ratification, acceptance, approval or accession;
(c) the date entry into force of this Protocol;
(d) the date when s State has ceased to be a Party to this Protocol;
(e) any other communications relating to this Protocol.
(3) Upon entry into force of this Protocol, the Depositary shall transmit a certified copy off
the original to the Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.

Article 23

Authentic Texts

This Protocol is established in a single original in the English, French, Russian and
Spanishh languages, all the texts being equally authentic, and shall be deposited wiith the
Director General of INMARSAT who shall send a certified copy to each Party to the
COnvention.
IN WITNESS WHEREOF the undersigned, duly authorized for that purpose by their
respective Governments, have signed this Protocol.

DONE LONDON this first day of December one thousand nine hundred and eighty one.

(Signnatures omitted)
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Keputusan Presiden Nomor 37 Tahun 1989 tentang PENGESAHAN PROTOCOL ON THE PREVILEGES AND IMMUNITIES OF THE INTERNARTIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT)

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