United Nations Office for Outer Space Affairs

Selected Examples of Bilateral and Multilateral Agreements Governing Space Activities

 

Protocol between the European Space Agency, the Government of the Republic of Italy and the Government of the Republic of Kenya on the setting up and operation of European Space Agency equipment within the perimeter of the San Marco Satellites Tracking and Launching Station in Malindi, Kenya, and on the cooperation between the Government of the Republic of Kenya and ESA for peaceful purposes

13 September 1995

[SELECTED PROVISIONS]

 

Article 1.1

 The Government of the Republic of Kenya shall authorise the use by the Agency of the Malindi station for supporting the Ariane launches. The Government of the Republic of Kenya shall authorise the Agency to install and to use the specific equipment related to the telemetry reception of the Ariane launch vehicles (hereinafter referred to as "Ariane facilities").

 

Article 7.1

The Agency shall retain ownership of the Ariane and of the TTC facilities subject to the provisions of Article 13.3 below. The Agency's assets legally brought into Kenya cannot be subject to any form of seizure, requisition or confiscation. They shall be immune from any form of administrative or provisional judicial constraint. The Agency can freely export its assets installed at the Malindi station in accordance with the needs required for the proper functioning of the Ariane and of the TTC facilities.

 

Article 10

1.    The Government of the Republic of Kenya shall not be held liable, at either national or international level, through the activities of the Agency on its territory, for acts or omissions by the Agency or persons designated by it, acting or failing to act within the limits of their duties.

2.    In the event of the Government of the Republic of Kenya's international liability being nevertheless involved, the Government of the Republic of Kenya shall have a right of recourse against the Agency, expect where this involvement is due to gross negligence, an act or deliberate omission of the Government of the Republic of Kenya or a person acting on its behalf.

3.    In the event any suit, action or claim is brought against the Government of the Republic of Kenya in respect of, or in relation to the activities carried out at the Malindi station, the Agency will hold harmless the Government of the Republic of Kenya against losses and claims in respect of injuries and damages, unless such injuries and damages are due to gross negligence, an act or deliberate omission of the Government of the Republic of Kenya or a person acting on its behalf.

 

 

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