Division 2 Composition and status

The Appeals Board shall be composed of a Chairman and two members. They may be replaced by deputies. The Chairman or one of the members and one of their deputies must have legal qualifications.

The Chairman, his deputy, the members and their deputies shall be appointed by the Board of the SATCEN, for a period of four years. If any of these is at any time unable to serve, a new appointment shall be made for the unexpired term.

Candidates shall be proposed by the representatives of Member States at the Board of the SATCEN. The Director may also propose candidates after taking into account proposals that may be made by the Staff Committee.

The members of the Appeals Board shall be fully independent in the exercise of their duties; they shall neither be members of staff of the SATCEN nor of a delegation of a Member State. They shall neither seek nor accept instructions from anyone whomsoever.

A member of the Appeals Board who has, or appears to have, a conflict of interest as defined in point (f) of this paragraph shall recuse himself from the case and shall so inform the Chairman. A party may make a reasoned request for the recusal of a member on the grounds of a conflict of interest to the Chairman of the Appeals Board, who, after seeking comments from the member concerned, shall decide on the request and shall inform the party of the decision in writing. A request for recusal of the Chairman shall be referred to a two-member panel for decision. The Secretariat of the Appeals Board shall communicate the decision to the parties concerned.

The term ‘conflict of interest’ means any factor that may impair, or reasonably give the appearance of impairing, the ability of a member to independently and impartially adjudicate a case assigned to him.

A conflict of interest arises where a case assigned to a member involves any of the following:

1. (i)

   A person with whom the member has a personal, family or professional relationship;

2. (ii)

   A matter in which the member has previously served in another capacity, including as an adviser, counsel, expert or witness;

3. (iii)

   Any other circumstances that would make it appear to a reasonable and impartial observer that the member's participation in the adjudication of the matter would be inappropriate.

Before beginning his duties, each member of the Appeals Board shall issue a statement whereby he performs his duties impartially and conscientiously and vows to preserve the secrecy of the Appeals Board's deliberations.

The detailed terms of appointment shall be laid down in a letter of appointment signed by the Secretariat of the Board of the SATCEN.

1. (i)

   The emoluments of the Chairman, members and deputies shall be fixed by the Board of the SATCEN.

2. (ii)

   The Appeals Board shall establish its own rules subject to the provisions of this Annex.