Статус Конвенции о Международной организации морской спутниковой связи (ИНМАРСАТ) (Лондон, 3 сентября 1976 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О МЕЖДУНАРОДНОЙ ОРГАНИЗАЦИИ МОРСКОЙ СПУТНИКОВОЙ СВЯЗИ (ИНМАРСАТ) (ЛОНДОН, 3 СЕНТЯБРЯ 1976 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 16.07.1979

I. Подписи

Бельгия

Болгария

Бразилия

Германия, Федеративная Республика

Греция

Дания

Индия

Камерун

Канада

Китай

Кувейт

Либерия

Нидерланды

Новая Зеландия

Турция

Украинская ССР

Финляндия

Япония

II. Договаривающиеся государства

Число государств-участников: 112

CONVENTION

Status as at: 09.12.2025

Entry into force: 16 July 1979

I. Signatories

<1> By letter dated 10 January 1979 the Government of Brazil informed the Secretary-General that the signature affixed to the Convention on behalf of Brazil was intended to be subject to ratification.

<2> For the text of a declaration, reservation or statement, see section III.

II. Parties to the Convention

<1> Date of signature of the Operating Agreement.

<2> Applies to the Hong Kong Special Administrative Region with effect from 1 July 1997 <*> and to the Macao Special Administrative Region with effect from 24 June 2005.

<*> Ceased to apply to Hong Kong with effect from 1 July 1997.

<3> For the text of a declaration or statement, see section III.

<4> «Re-accession by Georgia. Georgia acceded to the Convention on 27 July 1993 and the Convention came into force for Georgia on the same date. However, as a consequence of non-payment by the Signatory of Georgia of its initial capital contributions payable under article III(1) of the Operating Agreement, and in accordance with article 30(3) of the Convention and the decision of the Inmarsat Council at its fiftieth session (28 July — 2 August 1994), the Operating Agreement ceased to be in force for the Signatory as from 2 October 1994. The Party of Georgia, after due notice, failed to take any of the actions required under article 30(6) of the Convention within three months of the date of termination of the Signatory's membership, i.e. by 2 January 1995. Accordingly, the Party was considered to have withdrawn, and the Convention ceased to be in force for the Party as from 2 October 1994.»

<5> On 3 October 1990 the German Democratic Republic acceded to the Federal Republic of Germany. The German Democratic Republic had acceded to the Convention on 24 September 1986.

<6> Approval by the Netherlands was declared to be effective in respect of the Netherlands Antilles <*> and, with effect from 1 January 1986, in respect of Aruba.

<*> The Netherlands Antilles has ceased to exist as an autonomous country within the Kingdom of the Netherlands with effect from 10 October 2010. Since that date, the Kingdom of the Netherlands consists of four autonomous countries: The Netherlands (European part and Caribbean part), Aruba, Curaçao and Sint Maarten. For more details see footnote 4, in section II of SOLAS 1974. The Convention applies as follows:

<7> As from 26 December 1991 the membership of the USSR in the Convention is continued by the Russian Federation.

<8> The United Kingdom declared that the Convention «shall apply to the Registers of British Ships registered in ports of register in the United Kingdom, in Hong Kong <*> and in Bermuda».

<*> Ceased to apply to Hong Kong with effect from 1 July 1997.

<9> As from 4 February 2003, the name of the State of the Federal Republic of Yugoslavia was changed to Serbia and Montenegro. The date of succession by Serbia and Montenegro to the Convention is the date on which the Federal Republic of Yugoslavia assumed responsibility for its international relations.

<10> Following the dissolution of the State Union of Serbia and Montenegro on 3 June 2006, all Treaty actions undertaken by Serbia and Montenegro continue to be in force with respect to Republic of Serbia. Montenegro has informed that it wished to succeed to this treaty with effect from the same date, ie. 3 June 2006.

III. Declarations and Statements

Cuba

The depositary received the following communication, on 12 September 2003, from the Republic of Cuba:

[Translation]

«In the name of the Government of the Republic of Cuba, at the time of ratification of the Amended Convention on the International Mobile Satellite Organization (INMARSAT),»

In conformity with the provisions of Article 15 and the Annex to the afore-mentioned Convention, the Cuban State declares:

That disputes between the Parties concerning the interpretation and application of this International Legal Instrument must be settled through diplomatic negotiations. Cuba does not accept the compulsory jurisdiction of the International Court of Justice and thus, does not recognize its decisions, nor the arbitration envisaged in the Annex concerning settlement of disputes.

Of which this Declaration shall be the formal expression.»

Egypt <1>

The instrument of accession of the Arab Republic of Egypt contained the following statement (in the Arabic language):

[Translation]

«...this endorsement shall not entail the recognition of Israel or entering with her into relations regulated by the terms of this Agreement and its appendices.»

The depositary was informed by a communication dated 14 January 1980 that the Government of Egypt «has decided to withdraw its reservation» with effect from 25 January 1980.

<1> The depositary received a communication dated 13 January 1978 in the English language from the Embassy of Israel in London. The communication, the full text of which was circulated by the depositary, includes the following:

«The Instrument deposited by the Government of the Arab Republic of Egypt contains a statement of a political character in respect of Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the Organization. That pronouncement by the Government of Egypt cannot in any way affect whatever obligations are binding upon it under general international law or under particular treaties.»

«The Government of Israel, will, insofar as concerns the substance of the matter, adopt towards the Government of Egypt an attitude of complete reciprocity.»

Federal Republic of Germany <1>

The instrument of ratification of the Federal Republic of Germany was accompanied by the following declaration:

«...that the said Convention and the operating agreement on the International Maritime Satellite Organization (INMARSAT) shall also apply to Berlin (West) with effect from the date on which they enter into force for the Federal Republic of Germany.»

<1> The depositary received the following communication, dated 3 October 1990, from His Excellency the Ambassador of the Federal Republic of Germany in London:

«I have the honour to inform you that, through the accession of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the two German States have united to form one sovereign State, which as a single Member of the International Maritime Satellite Organization (INMARSAT) remains bound by the provisions of the Convention on the International Maritime Satellite Organization (INMARSAT) of 3 September 1976 as from the date of unification. The Federal Republic of Germany will act in the International Maritime Satellite Organization (INMARSAT) under the designation of „Germany“.»

Indonesia

The instrument of accession of the Republic of Indonesia contained the following declaration (in the English language):

«Notwithstanding to the provision of the article 31 of this Convention, the Government of the Republic of Indonesia declares that any disputes arising between the Republic of Indonesia and one or more Parties, or between the Republic of Indonesia and the Organization, will be settled by negotiation among the parties concerned.»

Italy

The instrument of ratification of the Italian Republic was accompanied by the following statement (in the English language):

«...it is not the Italian Government's intention to confirm the declaration on initial investment shares which was deposited at the moment of the signature of the INMARSAT Convention». <2>

<2> The declaration deposited at the time of signature read as follows:

«The Italian Government, at the moment of signing the INMARSAT Convention, wished to reaffirm Italy's intention to become a party of the Organization within the terms of ratification set by the Convention, and to participate with an initial investment share equal to that established in part (A) of the Annex to the operating Agreement.»

«The Italian Government, well aware of the fact that part (B) of the Annex was intended to secure the entry into force of the INMARSAT agreements within the terms set by Art. 33 of the Convention, is none the less convinced that said part (B) of the Annex cannot be interpreted in such a way as to become prejudicial to the right acquired by one State by virtue of part (A) of the Annex. In fact, the operating Agreement is not entitled to modify the right deriving from the Convention.»

«Therefore the Italian Government, pending the deposit of the instruments of ratification of the INMARSAT Convention, within the terms set by Art. 33 of the same, wished to state that any acquisition of the Italian Signatory's initial investment share, which should take place before the said terms, would be considered illegal and would be claimed back by the Italian State.»

Kuwait

The instrument of ratification of the State of Kuwait was accompanied by the following statement (in the English language):

«It is understood that the Ratification of the State of Kuwait to the Convention on the International Maritime Satellite Organization (INMARSAT) 1976, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.»

United Arab Emirates

The instrument of accession of the United Arab Emirates was accompanied by the following statement (in the English language):

«On accepting the said Convention and Annexes, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention and Annexes does not, in any way, imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention and its Annexes in respect of the said country.»

The Government of the United Arab Emirates wishes further to indicate that its understanding described above in conformity with general practice existing in the United Arab Emirates regarding signature, ratification, accession or acceptance to a Convention of which a country not recognized by the United Arab Emirates is a party.»

IV. Amendments

(1) 1985 Amendments

A. Adoption

On 16 October 1985 the Assembly of INMARSAT adopted amendments to the Convention in conformity with article 34 of the Convention. The texts of the amendments were transmitted by the Secretary-General for acceptance by circular letter No. 1086 of 9 December 1985.

B. Entry into force

The 1985 amendments entered into force on 13 October 1989.

C. Accepting Governments <1>

<1> Only the acceptances which brought the amendments into force are listed.

<2> The notification of acceptance of the Federal Republic of Germany was accompanied by the following declaration:

«that the said Amendments shall also apply to Berlin (West) with effect from the date on which they enter into force for the Federal Republic of Germany».

<3> The notification of acceptance of New Zealand contained a declaration «that this acceptance shall extend to Niue».

(2) 1989 Amendments

A. Adoption

On 19 January 1989 the Assembly of INMARSAT adopted amendments to the Convention in conformity with article 34 of the Convention.

B. Entry into force

The 1989 amendments entered into force on 26 June 1997.

C. Accepting Governments <1>

<1> Only the acceptances which brought the amendments into force are listed.

<2> The notification of acceptance of Indonesia contained the following declaration:

«Notwithstanding the availability of the land mobile communication service in the INMARSAT system as stipulated in the Amendments to the Convention, the Government of the Republic of Indonesia declares that it shall implement the INMARSAT land mobile communication system only whenever it considers necessary, taking into account all the relevant national laws and regulations, and the existing national telecommunications system.»

The Secretary-General received on 6 May 1994 the following communication from Indonesia:

«With reference to the declaration made by the Government of the Republic of Indonesia in conjunction with its acceptance, dated 17 December 1990, of the amendments to the Convention on the International Maritime Satellite Organization (INMARSAT) as adopted by the INMARSAT Assembly at its Sixth (Extraordinary) Session in London on 19 January 1989, I have the honour to notify herewith that the Government of the Republic of Indonesia is now in a position to begin with the land mobile-satellite communications services in Indonesia.»

<3> The notification of acceptance of the Netherlands was declared to be effective also in respect of the Netherlands Antilles <*> and Aruba.

<*> The Netherlands Antilles has ceased to exist as an autonomous country within the Kingdom of the Netherlands with effect from 10 October 2010.

<4> The notification of acceptance of New Zealand contained a declaration «that this acceptance shall extend to Niue».

<5> As from 26 December 1991 the membership of the USSR in the Convention is continued by the Russian Federation.

<6> The notification of acceptance of Saudi Arabia contained the following statement:

«Possession and/or use of LMES's within the territories of the Kingdom of Saudi Arabia by any transit traveller is prohibited unless otherwise permitted on a bilateral basis. Importing, marketing, and using the LMES's within the Kingdom of Saudi Arabia is also prohibited unless it is permitted by the concerned authorities.»

(3) 1994 Amendments <*>

<*> With the entry into force of the 1998 amendments, on 31 July 2001, the 1994 amendments were effectively superseded.

A. Adoption

On 9 December 1994 the Assembly of INMARSAT adopted amendments to the Convention in conformity with article 34 of the Convention.

B. Entry into force

The 1994 amendments are not yet in force

Requirement for entry into force: Two-thirds of Parties representing at least two-thirds of total investment shares at time of adoption.

Number of acceptances deposited: 40 (34 in respect of change of name and article 13; 4 in respect of change of name only; 2 in respect of article 13 only).

C. Accepting Governments

(4) 1998 Amendments

A. Adoption

On 24 April 1998 the Assembly of INMARSAT adopted amendments to the Convention in conformity with article 34 of the Convention.

B. Entry into force

The 1998 amendments entered into force on 31 July 2001.

C. Accepting Governments

(Only the acceptances which brought the amendments into force are listed below)

<1> Also applicable to the Hong Kong Special Administrative Region of the People's Republic of China.

(5) 2006 Amendments <*>

<*> These amendments have been effectively superseded by the 2008 amendments.

A. Adoption

On 29 September 2006, the Assembly of the International Mobile Satellite Organization (IMSO) adopted amendments to the Convention in conformity with article 19(2)(d) of the Convention.

B. Entry into force

The amendments shall enter into force one hundred and twenty days after the Secretary-General of IMO, as Depositary, has received notices of acceptance from two-thirds of those States which, at the time of adoption by the Assembly, were Parties to the Convention.

C. Provisional application of the Amendments

At its nineteenth (extraordinary) session, the IMSO Assembly decided to apply the amendments provisionally, with effect from 7 March 2007, pending their formal entry into force.

D. Accepting Governments

<**> The acceptance has been withdrawn with effect from 2 August 2010.

(6) 2008 Amendments

A. Adoption

On 2 October 2008, the Assembly of the International Mobile Satellite Organization (IMSO), at its twentieth session, adopted amendments to the Convention, in conformity with article 19(2)(d) of the Convention.

B. Entry into force

The amendments shall enter into force one hundred and twenty days after the Secretary-General of IMO, as Depositary, has received notices of acceptance from two-thirds of those States which, at the time of adoption by the Assembly, were Parties to the Convention.

The number of Parties to the Convention at the time of adoption of the amendments was 92. The number of acceptances necessary for entry into force is, therefore, 61.

See section D. below: 33 States have explicitly accepted the amendments, 20 of which were received by those Member States that were Parties at the time of the adoption of the amendments.

C. Provisional application of the Amendments

At its twentieth session, the IMSO Assembly decided to apply the amendments provisionally, with effect from 6 October 2008, pending their formal entry into force.

[Translation]

At the time the amendments were adopted, Switzerland made the following statement:

«The Party of Switzerland supports the improvement in the safety of life at sea which could result from the increase in the number of providers of GMDSS services.»

Switzerland also supports the system for the Long Range Identification and Tracking of Ships (LRIT) and is fully aware of the ambitious timetable decided for the implementation of this system.

The Party of Switzerland agrees, in principle, with the new amendments to the IMSO Convention, which have been adopted by the twentieth session of the IMSO Assembly, which are necessary to enable IMSO to continue to perform the function of LRIT Coordinator. Switzerland cannot, however, associate with the decision that the amendments should be provisionally applied.

The Party of Switzerland is concerned about the potential financial consequences for IMSO arising from its new role as LRIT Coordinator, and notes from document Assembly 20/7/2 that «the decisions that the MSC would not endorse barring and payment in advance» (MSC.84/24 paragraph 6.106) leave IMSO with significant business risks, with consequential potential financial liabilities for IMSO Member States.

Consequently, the Party of Switzerland cannot associate with the provisional application of the amendments to the IMSO Convention adopted by the twentieth session of the Assembly of Parties, and declares that it is not bound by the commitments entered into by IMSO within the framework of the provisional application of these amendments.

Moreover, the Party of Switzerland requires that this position be officially transmitted by the IMSO Director General to the International Maritime Organization, and communicated by the Depositary of the Convention to all IMSO Member States, when it proceeds with the notification of the decision taken by the twentieth session of the IMSO Assembly of Parties relating to the adoption and the provisional application of the above-mentioned amendments.»

D. Accepting Governments <*>

<*> Only acceptances by those Member States that were Parties at the time of the adoption of the amendments are numbered (see paragraph B. above).

<1> Netherlands accepts for the European and Caribbean (islands of Bonaire, Saint Eustatious and Saba) parts, as well as for Aruba, Curaçao and Sint Marteen.