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Article XII Board of Signatories -- Functions

(a)

The Board of Signatories shall have the responsibility for the design, development, construction, establishment, acquisition by purchase or lease, operation and maintenance of the EUTELSAT Space Segment and for any other activities which EUTELSAT is authorized to undertake.


(b)

The Board of Signatories shall carry out those functions necessary to discharge its responsibilities under paragraph (a) of this Article, including but not limited to:

(i)

adoption of policies, plans, programmes and procedures for the design, development, construction, establishment, acquisition, operation and maintenance of the EUTELSAT Space Segment and any other activities which EUTELSAT is authorized to undertake;

(ii)

adoption of procurement procedures, regulations and contract terms and conditions, as well as approval of procurement contracts;

(iii)

adoption and implementation of management arrangements requiring the Director General to contract for technical and operational or other functions whenever this is advantageous to EUTELSAT;

(iv)

adoption of policies and procedures for the acquisition, protection and licensing of intellectual property rights consistent with Article 18 of the Operating Agreement;

(v)

adoption of financial policies and regulations, approval of budgets and annual financial statements, as well as general rules and adoption of specific decisions on the periodic determination of charges for utilization of the EUTELSAT Space Segment in accordance with Article V of the Convention and Article 8 of the Operating Agreement and decision with respect to all other financial matters consistent with the Convention and the Operating Agreement;

(vi)

adoption of criteria and procedures for approval of standard earth stations for access to the EUTELSAT Space Segment, for verification and monitoring of performance characteristics of these earth stations and for coordination of earth station access to and utilization of the EUTELSAT Space Segment;

(vii)

approval of non-standard earth stations for access to the EUTELSAT Space Segment;

(viii)

adoption of terms and conditions governing the allotment of EUTELSAT Space Segment capacity;

(ix)

establishment of terms and conditions for access to the EUTELSAT Space Segment by telecommunications entities which are not under the jurisdiction of a Party, consistent with Article III of the Convention;

(x)

decisions on arrangements for overdrafts and loans under Article 11 of the Operating Agreement;

(xi)

establishment of general internal rules and adoption of decisions which, in accordance with the Radio Regulations of the International Telecommunication Union concerning radio frequency spectrum management and orbital space efficiency and economy, may be appropriate in order to ensure that the operation of the EUTELSAT Space Segment or of other satellite and associated equipment provided by EUTELSAT under paragraph (f) of Article III of the Convention, is in compliance with those Radio Regulations;

(xii)

submission of recommendations to the Assembly of Parties concerning authorizations in accordance with subparagraph (iii) of paragraph a) of Article IX of the Convention;

(xiii)

tendering of advice to the Assembly of Parties under paragraph (a) of Article XVI of the Convention, about the intended establishment, acquisition or utilization of space segment equipment separate from the EUTELSAT Space Segment;

(xiv)

establishment of general internal rules and adoption of decisions about coordination of the EUTELSAT Space Segment with the space segments of INTELSAT and INMARSAT, in accordance with the provisions in the respective agreements of those organizations;

(xv)

action required on withdrawals and suspensions under Article XVIII of the Convention and Article 21 of the Operating Agreement;

(xvi)

appointment and removal from office of the Director General, and, upon the recommendation of the Director General, determination of the number, status, and terms and conditions of employment of all staff of the executive organ under paragraph (e) of Article XIII of the Convention, and approval of the appointment by the Director General of senior officers reporting directly to him;

(xvii)

designation of a senior officer of the executive organ to serve as Acting Director General whenever the Director General is absent or is unable to discharge his duties, or if the office of Director General becomes vacant;

(xviii)

direction of the negotiations with the Party in whose territory the Headquarters of EUTELSAT is situated, of the Headquarters Agreement on privileges, exemptions and immunities mentioned in paragraph (c) of Article XVII of the Convention, and its submission to the Assembly of Parties for approval;

(xix)

submission of periodic reports on the activities of EUTELSAT to the Assembly of Parties;

(xx)

provision of such information as may be required by any Party or Signatory to enable it to discharge its obligations under the Convention or the Operating Agreement;

(xxi)

designation of an arbitrator where EUTELSAT is party to an arbitration;

(xxii)

expression of its views and recommendations to the Assembly of Parties on proposed amendments to the Convention under paragraph a) of Article XIX of the Convention;

(xxiii)

decisions under Article 22 of the Operating Agreement on amendments to the Operating Agreement which are consistent with the Convention;

(xxiv)

examination of applications for accession and recommendations thereon to the Assembly of Parties under paragraph d) of Article XXIII of the Convention.


(c)

In performing its functions the Board of Signatories shall take due account of recommendations and views addressed to it by the Assembly of Parties under Article IX of the Convention.



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