The Board of
Governors shall have the responsibility for the design, development,
construction, establishment, operation and maintenance of the INTELSAT space
segment and, pursuant to this Agreement, the Operating Agreement and such
determinations that in this respect may have been made by the Assembly of
Parties pursuant to Article VII of this Agreement, for carrying out any other
activities which are undertaken by INTELSAT. To discharge the foregoing
responsibilities, the Board of Governors shall have the powers and shall
exercise the functions coming within its purview according to the provisions
of this Agreement and the Operating Agreement, including:
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(i)
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adoption of
policies, plans and programmes in connexion with the design, development,
construction, establishment, operation and maintenance of the INTELSAT space
segment and, as appropriate, in connexion with any other activities which
INTELSAT is authorized to undertake;
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(ii)
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adoption of
procurement procedures, regulations, terms and conditions, consistent with
Article XIII of this Agreement, and approval of procurement contracts;
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(iii)
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adoption of
financial policies and annual financial statements, and approval of budgets;
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(iv)
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adoption of
policies and procedures for the acquisition, protection and distribution of
rights in inventions and technical information, consistent with Article 17 of
the Operating Agreement;
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(v)
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formulation
of recommendations to the Meeting of Signatories in relation to the
establishment of the general rules referred to in subparagraph (b)(v) of
Article VIII of this Agreement;
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(vi)
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adoption of
criteria and procedures, in accordance with such general rules as may have
been established by the Meeting of Signatories, for approval of earth
stations for access to the INTELSAT space segment, for verification and
monitoring of performance characteristics of earth stations having access,
and for co-ordination of earth station access to and utilization of the
INTELSAT space segment;
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(vii)
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adoption of
terms and conditions governing the allotment of INTELSAT space segment
capacity, in accordance with such general rules as may have been established
by the Meeting of Signatories;
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(viii)
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periodic
establishment of the rates of charge for utilization of the INTELSAT space
segment, in accordance with such general rules as may have been established
by the Meeting of Signatories;
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(ix)
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action as
may be appropriate, in accordance with the provisions of Article 5 of the Operating
Agreement, with respect to an increase in the ceiling provided for in that
Article;
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(x)
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direction of
the negotiation with the Party in whose territory the headquarters of
INTELSAT is situated, and submission to the Assembly of Parties for decision
thereon, of the Headquarters Agreement covering privileges, exemptions and
immunities, referred to in paragraph (c) of Article XV of this Agreement;
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(xi)
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approval of
non-standard earth stations for access to the INTELSAT space segment in
accordance with the general rules which may have been established by the
Meeting of Signatories;
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(xii)
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establishment
of terms and conditions for access to the INTELSAT space segment by
telecommunications entities which are not under the jurisdiction of a Party,
in accordance with the general rules established by the Meeting of
Signatories pursuant to subparagraph (b)(v) of Article VIII of this Agreement
and consistent with the provisions of paragraph (d) of Article V of this
Agreement;
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(xiii)
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decisions on
the making of arrangements for overdrafts and the raising of loans in
accordance with Article 10 of the Operating Agreement;
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(xiv)
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submission
to the Meeting of Signatories of an annual report on the activities of
INTELSAT and of annual financial statements;
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(xv)
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submission
to the Meeting of Signatories of reports on future programmes including the
estimated financial implications of such programmes;
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(xvi)
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submission
to the Meeting of Signatories of reports and recommendations on any other
matter which the Board of Governors deems appropriate for consideration by
the Meeting of Signatories;
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(xvii)
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provision of
such information as may be required by any Party or Signatory to enable that
Party or Signatory to discharge its obligations under this Agreement or the Operating
Agreement;
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(xviii)
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appointment
and removal from office of the Secretary General pursuant to Article XII, and
of the Director General pursuant to Articles VII, XI and XII, of this
Agreement;
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(xix)
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designation
of a senior officer of the executive organ to serve as Acting Secretary-General
pursuant to subparagraph (d)(i) of Article XII and designation of a senior
officer of the executive organ to serve as Acting Director General pursuant
to subparagraph (d)(i) of Article XI of this Agreement;
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(xx)
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determination
of the number, status and terms and conditions of employment of all posts on
the executive organ upon the recommendation of the Secretary General or the
Director General;
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(xxi)
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approval of
the appointment by the Secretary General or the Director General of senior
officers reporting directly to him;
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(xxii)
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arrangement
of contracts in accordance with subparagraph (c)(ii) of Article XI of this
Agreement;
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(xxiii)
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establishment
of general internal rules, and adoption of decisions in each instance,
concerning notification to the International Telecommunication Union in
accordance with its rules of procedure of the frequencies to be used for the
INTELSAT space segment;
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(xxiv)
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tendering to
the Meeting of Signatories the advice referred to in subparagraph (b)(ii) of
Article III of this Agreement;
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(xxv)
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expression,
pursuant to paragraph (c) of Article XIV of this Agreement, of its findings
in the form of recommendations, and the tendering of advice to the Assembly
of Parties, pursuant to paragraph (d) or (e) of Article XIV of this
Agreement, with respect to the intended establishment, acquisition or
utilization of space segment facilities separate from the INTELSAT space
segment facilities;
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(xxvi)
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action in
accordance with Article XVI of this Agreement and Article 21 of the Operating
Agreement in connexion with the withdrawal of a Signatory from INTELSAT; and
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(xxvii)
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expression
of its views and recommendations on proposed amendments to this Agreement
pursuant to paragraph (b) of Article XVII of this Agreement, the proposal of
amendments to the Operating Agreement pursuant to paragraph (a) of Article 22
of the Operating Agreement, and the expression of its views and recommendations
on proposed amendments to the Operating Agreement pursuant to paragraph (b)
of Article 22 of the Operating Agreement.
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