We, Qaboos bin Said, the Sultan of Oman
after perusal of Royal Decree 26/75 Issuing the Law Governing the Administrative Apparatus of the State and its amendments,
Royal Decree 22/76 Ratifying the Agreement of the Arab Satellite Communications Organisation signed in Cairo on 14 Rabi Al-Akhir 1396, corresponding to 14 April 1976,
and the Agreement of the Arab Satellite Communications Organisation signed in the city of Algiers on 19 Shawwal 1410, corresponding to 13 May 1990,
and in pursuance of public interest,
have decreed as follows
Article I
The Agreement of the Arab Satellite Communications Organisation signed in the city of Algiers on 19 Shawwal 1410, corresponding to 13 May 1990 is hereby approved.
Article II
The mentioned Agreement of the Arab Satellite Communications Organisation is hereby ratified.
Article III
This decree must be published in the Official Gazette, and comes into force from the date of its issuance.
Issued on: 8 Sha’ban 1411
Corresponding to: 24 February 1991
Qaboos bin Said
Sultan of Oman
Published in Official Gazette 450 issued on 2 March 1991.
The Agreement of the Arab Satellite Communications Organisation
The representatives of the governments of:
– The Hashemite Kingdom of Jordan
– The State of the United Arab Emirates
– The State of Bahrain
– The Republic of Tunisia
– The People’s Democratic Republic of Algeria
– The Kingdom of Saudi Arabia
– The Republic of Sudan
– The Syrian Arab Republic
– The Democratic Republic of Somalia
– The Republic of Iraq
– The Sultanate of Oman
– The State of Qatar
– The State of Kuwait
– The Republic of Lebanon
– The Great Socialist People’s Libyan Arab Jamahiriya
– The Arab Republic of Egypt
– The Kingdom of Morocco
– The Islamic Republic of Mauritania
– The Yemen Arab Republic
– The People’s Democratic Republic of Yemen
– The State of Palestine
– The Republic of Djibouti
Whereas they have previously signed the agreement establishing the Arab Satellite Communications Organisation in the city of Cairo on 14 Rabi Al-Thani 1396, corresponding to 14 April 1976,
and desiring to amend some of the provisions of that agreement in a way that gives the organisation sufficient administrative and financial flexibility to work in accordance with the economic and commercial rules for the operation and development of the Arab satellite network,
hereby agree on the following provisions:
Article 1
Definitions
For the purposes of this agreement, the following terms have the meanings assigned to each of them:
(a) Agreement:
The Agreement of the Arab Satellite Communications Organisation and the attached annex.
(b) Organisation:
The Arab Satellite Communications Organisation.
(c) Member:
The Arab state that has ratified or acceded to the agreement of the organisation.
(d) General assembly:
The general assembly of the organisation.
(e) Board of directors: The board of directors of the organisation.
(f) Executive body:
The executive body of the organisation.
(g) Director general:
The director general of the executive body.
(h) Arab space sector:
Communications means, tracking, telemetry, control, and monitoring devices, and related installations, and all equipment necessary to operate these means.
(i) Communications:
Any transmission, broadcasting, or reception of signs, signals, writings, images, sounds, or data of any kind by wired, wireless, optical, or any other electromagnetic systems.
(j) Public telecommunications services:
Fixed or mobile telecommunications services that can be provided to the public by available means such as telephone, telegraph, telex, data communication, image transmission, radio and television transmission services, all in accordance with the standards adopted by the organisation, which are connected to the space sector for transmission to the public. These services also include leased circuits for any of the above purposes.
(k) Specialised telecommunications services:
Telecommunications services that can be provided by means other than those defined in paragraph (j) of this article, including radio navigation services, radio and television satellite services, meteorological services, earth resource services, and space research.
(l) User:
The user of the Arabsat system or the beneficiary of its services other than the administrations of the member states of the organisation.
(m) Ground stations:
Any fixed or mobile ground facility established for the purpose of transmission and reception via the Arab space mean, other than tracking, telemetry, control, and monitoring stations.
Article 2
Nature of the Organisation
The organisation is an organisation specialised in the field of satellite communications, and its sciences and technologies.
The organisation has an independent legal personality and has the right to contract, sign agreements, own movable and immovable property and moral rights, and dispose of these funds and rights within the scope of its objectives. It has the right to litigate and carry out all legal actions customary for an independent legal person.
Article 3
Objectives and Activities of the Organisation
The organisation aims, in general, to provide public and specialised services in the field of satellite communications to all members and other users in accordance with appropriate technical and economic standards and methods.
In order to achieve its objectives, the organisation may carry out all activities and related work, including but not limited to the following:
1. Operating and investing in an Arab space sector, whether on the basis of construction and ownership or on the basis of leasing, as it deems appropriate.
2. Arranging telephone, telex, telegraph, data communication, and image transmission traffic among members through the Arab satellite network, in coordination with the relevant telecommunications administrations.
3. Arranging television and radio transmission between members through the Arab satellite network, in coordination with the relevant administrations and authorities.
4. Setting rules for the use of channels dedicated to television and radio in order to achieve the local and collective demands of the members.
5. Providing consultancy services in the field of satellite communications for a fee.
6. Encouraging the establishment of Arab industries for the equipment of the space sector and for the ground equipment of receiving and transmitting stations.
7. Investing its funds in a manner that does not contradict its objectives.
8. Any other activities or works that serve its objectives.
Article 4
Headquarters and Control Stations
1. The headquarters of the organisation must be in the City of Riyadh in the Kingdom of Saudi Arabia, and it is permitted to establish branches of it in the member states.
2. The main control station must be in the Kingdom of Saudi Arabia and the backup control station must be in the Republic of Tunisia. The organisation may establish other control stations if the technical and operational requirements so require.
Article 5
Capital
The capital is set at one hundred and sixty-three million, one hundred and forty-one thousand, two hundred and sixty-two United States dollars (163,141,262 dollars) distributed among the members according to the attached annex.
The capital may be amended by increase or decrease based on the proposal of the board of directors and the approval of the general assembly.
The general assembly may, upon approval of the capital increase, offer all or part of the increase for public subscription among citizens, companies, and institutions in the member states in accordance with the rules set by the general assembly regulating such subscription.
Article 6
Contribution to the Capital of the Organisation
1. The contribution of the members to the capital of the organisation must be in accordance with the percentages set out in the attached annex.
2. A member may request an increase in its contribution based on a request submitted to the board of directors to be presented to the general assembly, which shall take a decision on it and on the resulting capital increase. This resolution does not have any legal effects until after the payment of the full amount of the increase.
The member also has the right to reduce its contribution by assigning part of its contribution to one or more members, provided that this is accompanied by the approval of the general assembly.
3. In all cases, the minimum contribution must be 0.001 (one thousandth) of the capital for members.
4. The contribution percentages set out in the attached annex must be amended upon the accession of a new member, an amendment to the capital, an increase in the contribution of any member, or the withdrawal of a member, and that is by a resolution by the general assembly.
Article 7
Payment of the Value of the Contribution or Increasing It
1. The joining member shall pay 5% of the value of its contribution upon joining the agreement and pay the balance of the value of its contribution in accordance with a timetable set by the board of directors and approved by the general assembly.
2. The member shall pay the value of the increase in its contribution in accordance with article 6 of this agreement within sixty days of the approval of its request by the general assembly.
3. In the event of an increase in the capital in accordance with the provisions of article 5 of this agreement, the general assembly shall determine the method of payment based on the proposal of the board of directors.
4. Financial obligations must be paid within sixty days from the due date. In the event of late payment, the member shall pay compensation for the amounts overdue at the rate of one percent for each full month of the delay period.
Article 8
Distribution of Profits
The profits of the organisation must be distributed according to the percentage of contribution to the capital and in accordance with the executive regulations.
Article 9
Bodies of the Organisation
The bodies of the organisation consist of:
1. General assembly.
2. Board of directors.
3.Executive body.
Article 10
General Assembly
1. The general assembly consists of the ministers responsible for telecommunications in the Arab member states or whoever they delegate in writing. A member may delegate in writing another member to represent it in the general assembly. It is not permitted for a member to be delegated by more than one member.
2. The chairmanship of the general assembly of the member states rotates in alphabetical order.
3. The general assembly shall hold an ordinary session during the month of April or May of each year upon the invitation of the director general at the headquarters of the organisation. It may also hold its meetings at the headquarters of one of the branches or at one of the members upon its invitation, in this case, the chairmanship of the general assembly must be with the host states.
4. The general assembly may hold an ordinary session at the request of the board of directors or the request of one or more members submitted to the director general and approved by one-third of the member states. The request must indicate the purpose of the invitation, and the director general shall make the necessary arrangements to hold the meeting within sixty days from the date of the request of the board of directors or the completion of the approval of one-third of the members, as the case may be.
5. The meeting of the general assembly is valid with the attendance of an absolute majority of the members, provided that the percentage of shares owned by them is not less than two-thirds of the capital. Voting must be on the basis of the percentage of shares in the capital.
6. The resolutions of the general assembly on substantive matters must be issued by a two-thirds majority of the contribution percentages. As for procedural matters, resolutions must be issued by an absolute majority of the contribution percentages.
– The general assembly shall take its decisions on whether a matter is considered a procedural or substantive matter by an absolute majority of the contribution percentages. In all cases, the number of states approving the resolution must not be less than eight countries.
7. The director general shall undertake the functions of the secretariat general of the general assembly.
Article 11
Mandates of the General Assembly
The general assembly is the main body of the organisation, and it exercises the following mandates:
1. Approving the public policy of the organisation and the plans that achieve its objectives stipulated in the agreement based on the proposal of the board of directors.
2. Approving the rules for determining the fees for the use of the space sector for all types of services based on the recommendations of the board of directors.
3. Reviewing the reports prepared by the board of directors on the various activities of the organisation and issuing appropriate directives.
4. Setting the principles and foundations for regulating the relationship of the organisation with international bodies and organisations in accordance with general international rules and based on the proposal of the board of directors.
5. Settling disputes that may arise between the organisation and one or more of its members themselves in accordance with article 19 of this agreement.
6. Reviewing complaints and disputes arising from the use of the Arab satellite network submitted to it through the board of directors.
7. Taking decisions regarding the withdrawal of a member.
8. Approving the rules of financial settlements upon the accession of a new member, the withdrawal of a member, or upon the recalculation of the contribution percentages.
9. Suspending the membership rights of those who are more than a year late in paying their financial obligations until such obligations are fulfilled.
10. Approving the estimated budget and the general budget in its final account.
11. Taking decisions regarding the determination of the contributions of members based on the recommendations of the board of directors.
12. Electing the members of the board of directors in accordance with article 12 of the agreement.
13. Appointing the statutory account auditors.
14. Approving the amendment of the capital of the organisation by increase or decrease, and approving the increase of the capital of the organisation through public subscription.
15. Approving proposals to amend the agreement of the organisation.
16. Forming committees from among its members to carry out specific tasks.
17. Adopting the timetable proposed by the board of directors regarding the payment of the contributions of the members in application of article 7 of the agreement.
18. Issuing financial and administrative regulations based on the proposal of the board of directors.
19. Issuing the internal regulation of the general assembly.
The general assembly may delegate some of its mandates to the board of directors or the committees formed from among its members.
It may also, in urgent and exceptional cases, issue resolutions by passing a two-thirds majority of the percentage of contribution to the capital.
Article 12
Board of Directors
1. The board of directors consists of nine members to be selected annually as follows:
(a) The first five members in the percentage of contribution to the capital of the organisation, and in the event that more than the number specified in the percentage of contribution is equal, the largest member in the percentage of use must be selected.
(b) The two members with the highest percentage of use, other than the five mentioned in the above paragraph, of the members who have paid their financial obligations.
(c) Two other members who have paid their financial obligations, to be elected from among those not mentioned above.
In calculating the usage rates, the basis must be the total value of the regional and local traffic on 31 December preceding the meeting of the general assembly that determines the members.
2. Member states shall appoint their representatives and their delegates to attend the work of the board. A member may delegate in writing another member of the board to represent it in its meetings. It is not permitted for a member to be delegated by more than one member.
3. The board of directors shall annually elect from among its members a chairman and a deputy chairman.
4. The board of directors shall hold its meetings in accordance with the rules stipulated in the executive regulation.
5. The meetings of the board of directors must be held at the headquarters of the organisation or in one of its branches, unless there is an invitation from one of the members.
6. The meeting of the board is valid with the attendance of at least seven of its members. In the event that the quorum of the meeting is not met, the board shall meet two weeks after the specified date.
In the event that the quorum is not met again, the chairman of the board of directors shall call for an extraordinary session of the general assembly one month after the date specified for the convening of the board.
The general assembly shall carry out the functions of the board of directors at this meeting.
7. Each member has one vote.
8. The board of directors shall issue its resolutions by an absolute majority of the members in attendance and represented. In the case of a tie, the side that includes the chairman prevails.
9. The director general shall attend the meetings of the board of directors and is not entitled to vote.
10. The board of directors has the right to invite whomever it deems fit to attend its meetings.
Article 13
Mandates of the Board of Directors
The board of directors shall work to provide, invest, and maintain the space sector. It shall also implement the policies approved by the general assembly, in particular, it has the following mandates:
1. Implementing the public policy and plans approved by the general assembly.
2. Approving the projects necessary for the expansion and development of the space sector and its requirements within the framework of the approved plans.
3. Setting the policy, plans, and programmes related to the design, implementation, operation, development, and maintenance of the space sector and carrying out any activities that the organisation is authorised to carry out under the agreement.
4. Periodically determining the fees for the use of the space sector for all types of services based on the proposals of the executive body in accordance with the rules approved by the general assembly.
5. Setting the general standards and rules that must be met by ground stations to be suitable for communication with the space sector.
6. Setting future plans and programmes for the activities of the organisation and their estimated costs and submitting them to the general assembly for approval.
7. Approving standards and procedures in accordance with the general rules proposed by the executive body regarding the technical suitability of ground stations dealing with the space sector.
8. Approving the general rules governing the distribution of the capacity of the space sector based on the proposals of the executive body.
9. Determining the investment shares and presenting them to the general assembly.
10. Submitting the annual report to the general assembly on the activities of the organisation as well as the estimated budget and the general budget in its final account.
11. Proposing an amendment to the capital of the organisation.
12. Proposing the appointment of statutory account auditors.
13. Appointing the director general of the organisation, determining his allocations, and terminating his services.
14. Appointing the assistants of the director general based on the proposal of the director general, appointing the internal auditor, and approving the appointment of the director general of the directors of the administrations in the executive body.
15. Approving applications for the use of the space sector.
16. Preparing the financial and administrative regulations for presentation to the general assembly.
17. Forming the necessary committees to carry out specific tasks to serve the purposes of the organisation, within the limits of its powers.
In urgent and exceptional cases, the board has the right to issue resolutions by circulation, and the resolution must be unanimous.
Article 14
Executive Body
1. The executive body consists of a number of administrative, financial, and technical units determined by the internal system of the organisation.
2. The director general shall assume the chairmanship of the executive body, and he must be assisted by a sufficient number of employees, all of whom must be responsible to the director general in accordance with the job hierarchy. Their selection must take into account ensuring a high level of qualification, experience, and competence as determined by the executive regulation.
Article 15
Director General
1. The director general of the organisation must be appointed by virtue of a contract signed by the chairman of the board of directors or his delegate after the board approves the form of the contract.
2. The director general is the head of the executive body of the organisation and its legal representative, and he is responsible to the board of directors.
3. The director general shall exercise his tasks within the limits of his powers stipulated in this agreement and in the internal regulations of the organisation.
4. In the event of a vacancy in the position of the director general, one of his assistants must be assigned by the board of directors to manage the business of the organisation and exercise the mandates and powers of the director general until the appointment of the new director general.
Article 16
Privileges and Immunities
All the provisions of the Agreement on the Privileges and Immunities of the League of Arab States issued by the Council of the League Resolution 575 dated 10 May 1953 apply to the Arab Satellite Communications Organisation, as well as:
1. The funds, shares, property, assets, and technical equipment of the organisation are exempt from all types of taxes (direct or indirect), customs duties, and other fees. Laws and orders issued to prohibit or restrict import or export do not apply to the organisation in relation to the devices, tools, and materials it imports or exports for its use in the performance of its tasks.
2. The organisation, its funds, and financial operations are exempt from restrictions imposed on cash and other restrictions applied in the country where the organisation is headquartered, the headquarters of its branches, or places of its activity in the member states.
3. Only the director general and senior officials enjoy the diplomatic privileges and immunities stipulated in the Agreement on the Privileges and Immunities of the League of Arab States.
4. The purpose of granting privileges and immunities to the mentioned employees of the organisation is to take into account the interest of the organisation and enable it to carry out its tasks, and it is not justified to be a justification for the employees to refrain from performing their job duties or to violate laws and systems.
5. The board of directors have the right to waive the immunity of any employee in cases where it deems that the immunity prevents the investigation of the truth and the application of the law, all of which is when the waiver of immunity does not harm the interests of the organisation.
Article 17
Withdrawal
1. Any member may withdraw from the organisation on the basis of an official letter submitted through diplomatic channels to the Secretary General of the League of Arab States, who shall inform the members and the organisation of it.
2. Withdrawal is not considered effective until one year has elapsed from the date of notification to the secretary general. The request may be withdrawn before the expiry of this period.
3. The withdrawing member remains responsible for all obligations contracted before the cessation of its membership in accordance with the preceding paragraph.
4. Upon the cessation of membership, the organisation shall settle the accounts of the member in accordance with the executive regulations of the organisation.
5. Upon the cessation of membership, the general assembly shall amend the contribution percentages set out in the annex to the agreement, taking into account the provisions of article 6 of the agreement.
6. The withdrawing member may recover its membership at any time after the withdrawal takes effect by submitting an official letter in accordance with the preceding paragraph 1. The request must be submitted to the first meeting of the general assembly for a decision.
Article 18
Amendment
1. The provisions of this agreement may be amended on the basis of a proposal by one or more members submitted to the director general and approved by one-third of the members or on the basis of a proposal by the board of directors. The director general shall communicate the proposal to all members.
2. The general assembly shall consider the proposed amendment at the first ordinary meeting held after the submission of the amendment proposal. It is also permitted to call for an extraordinary meeting to consider it in accordance with the provisions of article 10 of this agreement, provided that the amendment proposal has been distributed to the members ninety days before the date of the meeting.
3. The general assembly shall issue its resolutions approving the amendment by a two-thirds majority of the percentage of contribution to the capital.
4. The amendment enters into force after one-third of the member states of the organisation have deposited their instruments of ratification of the amendment, provided that their share in the capital is not less than sixty percent.
Article 19
Settlement of Disputes
The general assembly of the organisation shall consider disputes arising between the organisation and one or more members or between the members themselves. The decision of the general assembly is final and enforceable within a period not exceeding ninety days from the date of its issuance.
Article 20
Ratification
1. The Arab member states shall ratify this agreement, each in accordance with its constitutional systems, and shall deposit the instruments of ratification with the League of Arab States, which shall prepare a record of the deposit of the instrument of ratification of each member and shall communicate it to all other members.
2. Any Arab state that is not a signatory to the agreement may accede to the agreement and deposit its instrument of accession in accordance with the procedures stipulated in paragraph 1 of this article.
Article 21
Reservations
Ratification or accession to this agreement is deemed a comprehensive commitment to all its provisions, and no reservations may be made to it.
Article 22
Entry Into Force of the Agreement
This agreement enters into force for all members after the lapse of sixty days from the date of the deposit of the instruments of ratification of the agreement by one-third of the members, provided that their share in the capital is not less than sixty percent.
In witness whereof, the plenipotentiaries, whose names appear hereinafter, have signed this agreement on behalf of and in the name of their states.
This agreement is made in the Arabic language in Algiers on Monday, 19 Shawwal 1410, corresponding to 14 May 1990, in one original that is kept with the Secretariat General of the League of Arab States, and a duplicate of the original must be delivered to each of the states that is a party to it.
Annex to the Agreement
The Schedule of Contribution to the Capital of the Arab Satellite Communications Organisation Calculated on the Basis of the Capital of 163,141,262 dollars
|
Ranking |
Name of State |
Contribution Paid (United States dollar) |
Contribution Percentage |
|
1 |
Kingdom of Saudi Arabia |
59,800,000 |
36.6553 |
|
2 |
State of Kuwait |
23,800,000 |
14.5885 |
|
3 |
Great Socialist People’s Libyan Arab Jamahiriya |
18,400,000 |
11.2785 |
|
4 |
State of Qatar |
16,000,000 |
9.8074 |
|
5 |
State of the United Arab Emirates |
7,600,000 |
4.6585 |
|
6 |
Hashemite Kingdom of Jordan |
6,600,000 |
4.0455 |
|
7 |
Republic of Lebanon |
6,255,305 |
3.8342 |
|
8 |
State of Bahrain |
4,000,000 |
2.4518 |
|
9 |
Syrian Arab Republic |
3,400,000 |
2.0840 |
|
10 |
Republic of Iraq |
3,100,000 |
1.9001 |
|
11 |
People’s Democratic Republic of Algeria |
2,800,000 |
1.7163 |
|
12 |
Arab Republic of Egypt |
2,600,000 |
1.5937 |
|
13 |
Yemen Arab Republic |
2,500,000 |
1.5324 |
|
14 |
Sultanate of Oman |
2,000,000 |
1.2259 |
|
15 |
Republic of Tunisia |
1,200,000 |
0.7355 |
|
16 |
Kingdom of Morocco |
1,000,000 |
0.6129 |
|
17 |
Islamic Republic of Mauritania |
449,977 |
0.2758 |
|
18 |
Republic of Sudan |
436,960 |
0.2678 |
|
19 |
State of Palestine |
400,000 |
0.2451 |
|
20 |
Democratic Republic of Somalia |
399,000 |
0.2445 |
|
21 |
People’s Democratic Republic of Yemen |
200,000 |
0.1225 |
|
22 |
Republic of Djibouti |
200,000 |
0.1225 |
For the governments of:
|
Hashemite Kingdom of Jordan |
His Excellency Mr Ibrahim Ayoub |
|
State of the United Arab Emirates |
Engineer Mohammed Hassan Omran |
|
State of Bahrain |
His Excellency Mr Ibrahim Humaidan |
|
Republic of Tunisia |
His Excellency Mr Al-Sadiq Rabih |
|
People’s Democratic Republic of Algeria |
His Excellency Mr Hamid Sidi Al-Saeed |
|
Kingdom of Saudi Arabia |
His Excellency Dr Alawi Darwish Kayal |
|
Republic of Sudan |
Engineer Awad Al-Karim Wadaa |
|
Syrian Arab Republic |
Engineer Makram Obeid |
|
Democratic Republic of Somalia |
Mr Fayez Hassan Ali |
|
Republic of Iraq |
Mr Ghassan Radwan |
|
Sultanate of Oman |
His Excellency Ahmed bin Suwaidan Al-Balushi |
|
State of Qatar |
His Excellency Mr Abdullah Saleh Al-Mana |
|
State of Kuwait |
His Excellency Engineer Abdullah Abdulmohsen Al-Sharhan |
|
Republic of Lebanon |
His Excellency Mr Edmond Rizk |
|
Great Socialist People’s Libyan Arab Jamahiriya |
Engineer Abdullah Al-Kuraidli |
|
Arab Republic of Egypt |
Engineer Mohammed Wagdy Abdel Hamid |
|
Kingdom of Morocco |
His Excellency Mr Mohand Laenser |
|
Islamic Republic of Mauritania |
Mr Mohamed Ali Ould Sidi Mohamed |
|
Yemen Arab Republic |
His Excellency Mr Mohammed Al-Khadim Al-Wajih |
|
People’s Democratic Republic of Yemen |
Mr Qasim Askar Jubran |
|
State of Palestine |
Mr Zuhair Al-Lahham |
|
Republic of Djibouti |
His Excellency Mr Khair Allali Hard |