International Telecommunications Convention

FIRST PART

BASIC PROVISIONS

Preamble

1 While fully recognizing the sovereign right of each country to regulate its telecommunication and having regard to the growing importance of telecommunication for the preservation of peace and the social and economic development of all countries, the plenipotentiaries of the Contracting Governments, with the object of facilitating peaceful relations, international cooperation and economic and social development among peoples by means of efficient telecommunication services, have agreed to establish this Convention which is the basic instrument of the International Telecommunication Union.

CHAPTER I

COMPOSITION, PURPOSES AND STRUCTURE OF THE UNION

Article 1

Composition of the Union

2 1. The International Telecommunication Union shall comprise Members which, having regard to the principle of universality and the desirability of universal participation in the Union, shall be:

3 (a) any country listed in Annex 1 which signs and ratifies, or accedes to, the Convention;

4 (b) any country, not listed in Annex 1 which becomes a Member of the United Nations and which accedes to the Convention in accordance with Article 46;

5 (c) any sovereign country, not listed in Annex 1 and not a Member of the United Nations, which applies for Membership of the Union and which, after having secured approval of such application by two-thirds of the Members of the Union, accedes to the Convention in accordance with Article 46.

6 2. For the purpose of 5, if an application for Membership is made, by diplomatic channel and through the intermediary of the country of the seat of the Union, during the interval between two Plenipotentiary Conferences, the Secretary-General shall consult the Members of the Union; a Member shall be deemed to have abstained if it has not replied within four months after its opinion has been requested.

Article 2

Rights and obligations of Members

7 1. Members of the Union shall have the rights and shall be subject to the obligations provided for in the Convention.

8 2. Rights of Members in respect of their participation in the conferences, meetings and consultations of the Union are:

9 (a) all Members shall be entitled to participate in conferences of the Union, shall be eligible for election to the Administrative Council and shall have the right to nominate candidates for election to any of the permanent organs of the Union;

10 (b) subject to the provisions of Nos. 117 and 179, each Member shall have one vote at all conferences of the Union, at all meetings of the International Consultative Committees and, if it is a Member of the Administrative Council, at all sessions of that Council;

11 (c) subject to the provisions of Nos. 117 and 179, each Member shall also have one vote in all consultations carried out by correspondence.

Article 3

Seat of the Union

12 The seat of the Union shall be at Geneva.

Article 4

Purposes of the Union

13 1. The purposes of the Union are:

14 (a) to maintain and extend international cooperation between all Members of the Union for the improvement and rational use of telecommunications of all kinds, as well as to promote and to offer technical assistance to developing countries in the field of telecommunications;

15 (b) to promote the development of technical facilities and their most efficient operation with a view to improving the efficiency of telecommunication services, increasing their usefulness and making them, so far as possible, generally available to the public;

16 (c) to harmonize the actions of nations in the attainment of those ends.

17 2. To this end, the Union shall in particular:

18 (a) effect allocation of the radio frequency spectrum and registration of radio frequency assignments in order to avoid harmful interference between radio stations of different countries;

19 (b) coordinate efforts to eliminate harmful interference between radio stations of different countries and to improve the use made of the radio frequency spectrum;

20 (c) foster international cooperation in the delivery of technical assistance to the developing countries and the creation, development and improvement of telecommunication equipment and networks in developing countries by every means at its disposal, including through its participation in the relevant programs of the United Nations and the use of its own resources, as appropriate;

21 (d) coordinate efforts with a view to harmonizing the development of telecommunication facilities, notably those using space techniques, with a view to full advantage being taken of their possibilities;

22 (e) foster collaboration among its Members with a view to the establishment of rates at levels as low as possible consistent with an efficient service and taking into account the necessity for maintaining independent financial administration of telecommunication on a sound basis;

23 (f) promote the adoption of measures for ensuring the safety of life through the cooperation of telecommunication services;

24 (g) undertake studies, make regulations, adopt resolutions, formulate recommendations and opinions, and collect and publish information concerning telecommunication matters.

Article 5

Structure of the Union

25 The Union shall comprise the following organs:

26 1. the Plenipotentiary Conference, which is the supreme organ of the Union;

27 2. administrative conferences;

28 3. the Administrative Council;

29 4. the permanent organs of the Union, which are:

30 (a) the General Secretariat;

31 (b) the International Frequency Registration Board (IFRB);

32 (c) the International Radio Consultative Committee (CCIR);

33 (d) the International Telegraph and Telephone Consultative Committee (CCITT).

Article 6

Plenipotentiary Conference

34 1. The Plenipotentiary Conference shall be composed of delegations representing Members. It shall normally be convened every five years and, in any case, the interval between successive Plenipotentiary Conferences shall not exceed six years.

35 2. The Plenipotentiary Conference shall:

36 (a) determine the general policies for fulfilling the purposes of the Union prescribed in Article 4 of this Convention;

37 (b)< em> consider the report by the Administrative Council on the activities of all the organs of the Union since the previous Plenipotentiary Conference;

38 (c) establish the basis for the budget of the Union and determine a fiscal limit for the expenditure of the Union until the next Plenipotentiary Conference after considering all relevant aspects of the work of the Union in that period, including the program of conferences and meetings and any medium-term plan submitted by the Administrative Council;

39 (d) provide any general directives dealing with the staffing of the Union and, if necessary, fix the basic salaries, the salary scales and the system of allowances and pensions for all the officials of the Union;

40 (e) examine the accounts of the Union and finally approve them, if appropriate;

41 (f) elect the Members of the Union which are to serve on the Administrative Council;

42 (g) elect the Secretary-General and the Deputy Secretary-General and fix the dates of their taking office;

43 (h) elect the members of the International Frequency Registration Board and fix the dates of their taking office;

44 (i) elect the Directors of the International Consultative Committees and fix the dates of their taking office;

45 (j) revise the Convention if it considers this necessary;

46 (k) conclude or revise, if necessary, agreements between the Union and other international organizations, examine any provisional agreements with such organizations concluded, on behalf of the Union, by the Administrative Council, and take such measures in connection therewith as it deems appropriate;

47 (l) deal with such other telecommunication questions as may be necessary.

Article 7

Administrative Conferences

48 1. Administrative conferences of the Union shall comprise:

49 (a) world administrative conferences;

50 (b) regional administrative conferences.

51 2. Administrative conferences shall normally be convened to consider specific telecommunication matters. Only items included in their agenda may be discussed by such conferences. The decisions of such conferences must in all circumstances be in conformity with the provisions of the Convention. When adopting resolutions and decisions, administrative conferences should take into account the foreseeable financial implications and shall try to avoid adopting resolutions and decisions which might give rise to expenditure in excess of the upper limits on credits laid down by the Plenipotentiary Conference.

52 3. (1) The agenda of a world administrative conference may include:

53 (a) the partial revision of the Administrative Regulations mentioned in No. 643;

54 (b) exceptionally, the complete revision of one or more of those Regulations;

55 (c) any other question of a worldwide character within the competence of the conference.

56 (2) The agenda of a regional administrative conference may provide only for specific telecommunication questions of a regional nature, including instructions to the International Frequency Registration Board regarding its activities in respect of the region concerned, provided such instructions do not conflict with the interests of other regions. Furthermore, the decisions of such a conference must in all circumstances be in conformity with the provisions of the Administrative Regulations.

Article 8

Administrative Council

57 1. (1) The Administrative Council shall be composed of forty-one Members of the Union elected by the Plenipotentiary Conference with due regard to the need for equitable distribution of the seats of the Council among all regions of the world. Except in the case of vacancies arising as provided for in the General Regulations, the Members of the Union elected to the Administrative Council shall hold office until the date on which a new Administrative Council is elected by the Plenipotentiary Conference. They shall be eligible for re-election.

58 (2) Each Member of the Council shall appoint a person to serve on the Council who may be assisted by one or more advisers.

59 2. The Administrative Council shall adopt its own Rules of Procedure.

60 3. In the interval between Plenipotentiary Conferences the Administrative Council shall act on behalf of the Plenipotentiary Conference within the limits of the powers delegated to it by the latter.

61 4. (1) The Administrative Council shall take all steps to facilitate the implementation by the Members of the provisions of the Convention, of the Administrative Regulations, of the decisions of the Plenipotentiary Conference, and, where appropriate, of the decisions of other conferences and meetings of the Union, and perform any duties assigned to it by the Plenipotentiary Conference.

62 (2) It shall determine each year the policy of technical assistance, in accordance with the objectives of the Union.

63 (3) It shall ensure the efficient coordination of the work of the Union and exercise effective financial control over its permanent organs.

64 (4) It shall promote international cooperation for the provision of technical cooperation to the developing countries by every means at its disposal, especially through the participation of the Union in the appropriate programs of the United Nations, in accordance with the purposes of the Union, one of which is to promote by all possible means the development of telecommunications.

Article 9

General Secretariat

65 1. (1) The General Secretariat shall be directed by a Secretary-General, assisted by one Deputy Secretary-General.

66 (2) The Secretary-General and the Deputy Secretary-General shall take up their duties on the dates determined at the time of their election. They shall normally remain in office until dates determined by the following Plenipotentiary Conference, and they shall be eligible for re-election once only.

67 (3) The Secretary-General shall take all the action required to ensure economic use of the Union’s resources and he shall be responsible to the Administrative Council for all the administrative and financial aspects of the Union’s activities. The Deputy Secretary-General shall be responsible to the Secretary-General.

68 2. (1) If the post of Secretary-General falls vacant, the Deputy Secretary-General shall succeed to it and shall remain in office until a date determined by the following Plenipotentiary Conference. He shall be eligible for election to that office subject to the provisions of No. 66. When under these conditions the Deputy Secretary-General succeeds to the office of the Secretary-General, the post of Deputy Secretary-General shall be considered to fall vacant on that same date and the provisions of No. 69 will be applied.

69 (2) If the post of Deputy Secretary-General falls vacant more than 180 days prior to the date set for the convening of the next P
lenipotentiary Conference, the Administrative Council shall appoint a successor for the balance of the term.

70 (3) If the posts of the Secretary-General and the Deputy Secretary-General fall vacant simultaneously, the elected official who has been longest in office shall discharge the duties of Secretary-General for a period not exceeding 90 days. The Administrative Council shall appoint a Secretary-General and, if the vacancies occur more than 180 days prior to the date set for the convening of the next Plenipotentiary Conference, a Deputy Secretary-General. An official thus appointed by the Administrative Council shall serve for the balance of the term for which his predecessor was elected. Such officials shall be eligible for election as Secretary-General and/or Deputy Secretary-General at the Plenipotentiary Conference.

71 3. The Secretary-General shall act as the legal representative of the Union.

72 4. The Deputy Secretary-General shall assist the Secretary-General in the performance of his duties and undertake such specific tasks as may be entrusted to him by the Secretary-General. He shall perform the duties of the Secretary-General in the absence of the latter.

Article 10

International Frequency Registration Board

73 1. The International Frequency Registration Board (IFRB) shall consist of five independent members, elected by the Plenipotentiary Conference. These members shall be elected from the candidates sponsored by countries, Members of the Union, in such a way as to ensure equitable distribution amongst the regions of the world. Each Member of the Union may propose only one candidate who shall be a national of its country.

74 2. The members of the International Frequency Registration Board shall take up their duties on the dates determined at the time of their election and shall remain in office until dates determined by the following Plenipotentiary Conference.

75 3. The members of the International Frequency Registration Board shall serve, not as representing their respective countries, or of a region, but as custodians of an international public trust.

76 4. The essential duties of the International Frequency Registration Board shall be:

77 (a) to effect an orderly recording and registration of frequency assignments made by the different countries in accordance with the procedure provided for in the Radio Regulations and in accordance with any decision which may be taken by competent conferences of the Union, with a view to ensuring formal international recognition thereof;

78 (b) to effect, in the same conditions and for the same purpose, an orderly recording of the positions assigned by countries to geostationary satellites;

79 (c) to furnish advice to Members with a view to the operation of the maximum practicable number of radio channels in those portions of the spectrum where harmful interference may occur, and with a view to the equitable, effective and economical use of the geostationary satellite orbit, taking into account the needs of developing countries, as well as the special geographic situation of particular countries;

80 (d) to perform any additional duties, concerned with the assignment and utilisation of frequencies and with the equitable utilisation of the geostationary satellite orbit, in accordance with the procedures provided for in the Radio Regulations, and as prescribed by a competent conference of the Union, or by the Administrative Council with the consent of a majority of the Members of the Union, in preparation for or in pursuance of the decisions of such a conference;

81 (e) to provide technical assistance in making preparations for and organizing radio conferences in consultation, as appropriate, with the other permanent organs of the Union, and with due regard for the relevant directives of the Administrative Council in carrying out these preparations; the Board shall also provide assistance to the developing countries in their preparations for these conferences;

82 (f) to maintain such essential records as may be related to the performance of its duties.

Article 11

International Consultative Committees

83 1. (1) The duties of the International Radio Consultative Committee (CCIR) shall be to study technical and operating questions relating specifically to radiocommunication without limit of frequency range, and to issue recommendations on them; these studies shall not generally address economic questions but where they involve comparing technical alternatives economic factors may be taken into consideration.

84 (2) The duties of the International Telegraph and Telephone Consultative Committee (CCITT) shall be to study and issue recommendations on technical, operating and tariff questions relating to telecommunication services, other than technical or operating questions relating specifically to radiocommunication which, according to No. 83, come within the purview of the CCIR.

85 (3) In the performance of its studies, each Consultative Committee shall pay due attention to the study of questions and to the formulation of recommendations directly connected with the establishment, development and improvement of telecommunications in developing countries in both the regional and international fields.

86 2. The International Consultative Committees shall have as members:

87 (a) of right, the administrations of all Members of the Union;

88 (b) any recognized private operating agency which, with the approval of the Member which has recognized it, expresses a desire to participate in the work of these Committees.

89 3. Each International Consultative Committee shall work through the medium of:

90 (a) its Plenary Assembly;

91 (b) study groups set up by it;

92 (c) a Director elected by the Plenipotentiary Conference and appointed in accordance with No. 323.

93 4. There shall be a World Plan Committee, and such Regional Plan Committees as may be jointly approved by the Plenary Assemblies of the International Consultative Committees. These Plan Committees shall develop a General Plan for the international telecommunication network to facilitate coordinated development of international telecommunication services. They shall refer to the International Consultative Committees questions the study of which is of particular interest to developing countries and which are within the terms of reference of these Consultative Committees.

94 5. The Regional Plan Committees may cooperate closely with regional organizations which express a desire for such cooperation.

95 6. The working arrangements of the International Consultative Committees are defined in the General Regulations.

Article 12

Coordination Committee

96 1. The Coordination Committee shall consist of the Secretary-General, the Deputy Secretary-General, the Directors of the International Consultative Committees, and the Chairman and Vice-Chairman of the International Frequency Registration Board. It shall be presided over by the Sec
retary-General, and in his absence by the Deputy Secretary-General.

97 2. The Coordination Committee shall advise and give the Secretary-General practical assistance on all administrative, financial and technical cooperation matters affecting more than one permanent organ, and on external relations and public information. In its considerations the Committee shall keep fully in view the provisions of the Convention, the decisions of the Administrative Council and the interests of the Union as a whole.

98 3. The Coordination Committee shall also consider the other matters with which it is entrusted under the Convention and any matters referred to it by the Administrative Council. After examining such matters, the Committee shall report through the Secretary-General to the Administrative Council.

Article 13

Elected officials and staff of the Union

99 1. (1) In the performance of their duties, neither the elected officials nor the staff of the Union shall seek or accept instructions from any government or from any other authority outside the Union. They shall refrain from acting in any way which is incompatible with their status as international officials.

100 (2) Each Member shall respect the exclusively international character of the duties of the elected officials and of the staff of the Union, and refrain from trying to influence them in the performance of their work.

101 (3) No elected official or any member of the staff of the Union shall participate in any manner or have any financial interest whatsoever in any enterprise concerned with telecommunications, except as part of their duties. However, the term “financial interest” is not to be construed as applying to the continuation of retirement benefits accruing in respect of previous employment or service.

102 (4) In order to ensure the efficient operation of the Union, any Member country, a national of which has been elected Secretary-General, Deputy Secretary-General, member of the International Frequency Registration Board, or Director of an International Consultative Committee shall refrain, as far as possible, from recalling that person between two Plenipotentiary Conferences.

103 2. The Secretary-General, the Deputy Secretary-General, the Directors of the International Consultative Committees and the members of the International Frequency Registration Board shall all be nationals of different countries, Members of the Union. At their election, due consideration should be given to the principles embodied in No. 104 and to equitable geographical distribution amongst the regions of the world.

104 3. The paramount consideration in the recruitment of staff and in the determination of the conditions of service shall be the necessity of securing for the Union the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

Article 14

Organization of the work and conduct of discussions at conferences and other meetings

105 1. For the organization of their work and the conduct of their discussions, conferences and the Plenary Assemblies and meetings of the International Consultative Committees shall apply the Rules of Procedure in the General Regulations.

106 2. Conferences, the Administrative Council and Plenary Assemblies and meetings of International Consultative Committees may adopt such rules as they consider to be essential in addition to those in the Rules of Procedure. Such additional rules must, however, be compatible with the Convention: those adopted by Plenary Assemblies and study groups shall be published in the form of a resolution in the documents cf the Plenary Assemblies.

Article 15

Finances of the Union

107 1. The expenses of the Union shall comprise the costs of:

108 (a) the Administrative Council and the permanent organs of the Union;

109 (b) Plenipotentiary Conferences and world administrative conferences;

110 (c) technical cooperation and assistance provided to the developing countries.

111 2. The expenses of the Union shall be met from the contributions of its Members, each Member paying a sum proportional to the number of units in the class of contribution it has chosen from the following scale:

40 unit class

35 unit class

30 unit class

25 unit class

20 unit class

18 unit class

15 unit class

13 unit class

10 unit class

8 unit class

5 unit class

4 unit class

3 unit class

2 unit class

11/2 unit class

1 unit class

1/2 unit class

1/4 unit class

1/8 unit class for the least developed countries as listed by the United Nations and other countries determined by the Administrative Council.

112 3. In addition to the classes of contribution listed in No. 111, any Member may choose a number of contributory units over 40.

113 4. Members shall be free to choose their class of contribution for defraying Union expenses.

114 5. No reduction in a unit classification chosen in accordance with the Convention can take effect during the life of this Convention. However, under exceptional circumstances such as natural disasters necessitating international aid programmes, the Administrative Council may authorize a reduction in a unit classification when so requested by a Member which has established that it can no longer maintain its contribution at the class originally chosen.

115 6. Expenses incurred by the regional administrative conferences referred to in No. 50 shall be borne in accordance with their unit classification by all the Members of the region concerned and, where appropriate, on the same basis by any Members of other regions which have participated in such conferences.

116 7. Members shall pay in advance their annual contributory shares, calculated on the basis of the budget approved by the Administrative Council.

117 8. A Member which is in arrear in its payments to the Union shall lose its right to vote as defined in Nos. 10 and 11 for so long as the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two years.

118 9. The provisions which apply to the financial contributions by recognised private operating agencies, scientific or industrial organizations and international organizations are in the General Regulations.

Article 16

Languages

119 1. (1) The official languages of the Union shall be Arabic, Chinese, English, Fre
nch, Russian and Spanish.

120 (2) The working languages of the Union shall be English, French and Spanish.

121 (3) In case of dispute, the French text shall prevail.

122 2. (1) The final documents of the Plenipotentiary and administrative conferences, their final acts, protocols, resolutions, recommendations and opinions, shall be drawn up in the official languages of the Union, in versions equivalent in form and content.

123 (2) All other documents of these conferences shall be issued in the working languages of the Union.

124 3. (1) The official service documents of the Union as prescribed by the Administrative Regulations shall be published in the six official languages.

125 (2) The proposals and contributions submitted to conferences and meetings of the International Consultative Committees in any of the official languages shall be communicated to the Members in the working languages of the Union.

126 (3) All other documents for general distribution prepared by the Secretary-General in the course of his duties shall be drawn up in the three working languages.

127 4. (1) At conferences of the Union and at Plenary Assemblies of the International Consultative Committees, at the meetings of study groups included in the program of work approved by a Plenary Assembly and at the meetings of the Administrative Council, an efficient system of reciprocal interpretation between the six official languages shall be used.

128 (2) At other meetings of International Consultative Committees, discussions shall be conducted in the working languages provided that Members requiring interpretation for a particular working language give at least 90 day’s notice of their participation in these meetings.

129 (3) When all participants in a conference or in a meeting so agree, discussions may be conducted in fewer languages than those mentioned above.

Article 17

Legal capacity of the Union

130 The Union shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

CHAPTER II

GENERAL PROVISIONS RELATING TO TELECOMMUNICATIONS

Article 18

The right of the public to use the international telecommunication service

131 Members recognize the right of the public to correspond by means of the international service of public correspondence. The services. the charges and the safeguards shall be the same for all users in each category of correspondence without any priority or preference.

Article 19

Stoppage of telecommunications

132 1. Members reserve the right to stop the transmission of any private telegram which may appear dangerous to the security of the State or contrary to their laws, to public order or to decency, provided that they immediately notify the office of origin of the stoppage of any such telegram or any part thereof, except when such notification may appear dangerous to the security of the State.

133 2. Members also reserve the right to cut off any other private telecommunications which may appear dangerous to the security of the State or contrary to its laws, to public order or to decency.

Article 20

Suspension of services

134 Each Member reserves the right to suspend the international telecommunication service for an indefinite time, either generally or only for certain relations and/or for certain kinds of correspondence, outgoing, incoming or in transit, provided that it immediately notifies such action to each of the other Members through the medium of the Secretary-General.

Article 21

Responsibility

135 Members accept no responsibility towards users of the international telecommunication services. particularly as regards claims for damages.

Article 22

Secrecy of telecommunications

136 1. Members agree to take all possible measures, compatible with the system of telecommunication used, with a view to ensuring the secrecy of international correspondence.

137 2. Nevertheless, they reserve the right to communicate such correspondence to the competent authorities in order to ensure the application of their internal laws or the execution of international conventions to which they are parties.

Article 23

Establishment, operation and protection of telecommunication channels and installations

138 1. Members shall take such steps as may be necessary to ensure the establishment, under the best technical conditions, of the channels and installations necessary to carry on the rapid and uninterrupted exchange of international telecommunications.

139 2. So far as possible, these channels and installations must be operated by the methods and procedures which practical operating experience has shown to be the best. They must be maintained in proper operating condition and kept abreast of scientific and technical progress.

140 3. Members shall safeguard these channels and installations within their jurisdiction.

141 4. Unless other conditions are laid down by special arrangements, each Member shall take such steps as may be necessary to ensure maintenance of those sections of international telecommunication circuits within its control.

Article 24

Notification of infringements

142 In order to facilitate the application of the provisions of Article 44, Members undertake to inform one another of infringements of the provisions of this Convention and of the Administrative Regulations annexed thereto.

Article 25

Priority of telecommunications concerning safety of life

143 The international telecommunication services must give absolute priority to all telecommunications concerning safety of life at sea, on land, in the air or in outer space, as well as to epidemiological telecommunications of exceptional urgency of the World Health Organization.

Article 26

Priority of government telegrams and telephone calls

144 Subject to the provisions of Articles 25 and 36 government telegrams shall enjoy priority over other telegrams when priority is requested for them by the sender. Government telephone calls may also be given priority, upon specific request and to the extent practicable, over other telephone calls.

Article 27

Secret language

145 1. Government telegrams and service telegrams may be expressed in secret language in all relations.

146 2. Private telegrams in secret language may be admitted between all countries with the exception of those which have pr
eviously notified, through the medium of the Secretary-General, that they do not admit this language for that category of correspondence.

147 3. Members which do not admit private telegrams in secret language originating in or destined for their own territory must let them pass in transit, except in the case of suspension of service provided for in Article 20.

Article 28

Charges and free services

148 The provisions regarding charges for telecommunications and the various cases in which free services are accorded are set forth in the Administrative Regulations annexed to this Convention.

Article 29

Rendering and settlement of accounts

149 The settlement of international accounts shall be regarded as current transactions and shall be effected in accordance with the current international obligations of the countries concerned, in those cases where their governments have concluded arrangements on this subject. Where no such arrangements have been concluded, and in the absence of special agreements made under Article 31, these settlements shall be effected in accordance with the Administrative Regulations.

Article 30

Monetary unit

150 In the absence of special arrangements concluded between Members, the monetary unit to be used in the composition of accounting rates for international telecommunication services and in the establishment of international accounts shall be:

– either the monetary unit of the International Monetary Fund

– or the gold franc,

both as defined in the Administrative Regulations. The provisions for application are contained in Appendix 1 to the Telegraph and Telephone Regulations.

Article 31

Special arrangements

151 Members reserve for themselves, for the private operating agencies recognized by them and for other agencies duly authorized to do so, the right to make special arrangements on telecommunication matters which do not concern Members in general. Such arrangements, however, shall not be in conflict with the terms of this Convention or of the Administrative Regulations annexed thereto, so far as concerns the harmful interference which their operation might be likely to cause to the radio services of other countries.

Article 32

Regional conferences, arrangements and organizations

152 Members reserve the right to convene regional conferences, to make regional arrangements and to form regional organizations, for the purpose of settling telecommunication questions which are susceptible of being treated on a regional basis. Such arrangements shall not be in conflict with this Convention.

CHAPTER III

SPECIAL PROVISIONS FOR RADIO

Article 33

Rational use of the radio frequency spectrum and of the geostationary satellite orbit

153 1. Members shall endeavour to limit the number of frequencies and the spectrum space used to the minimum essential to provide in a satisfactory manner the necessary services. To that end they shall endeavour to apply the latest technical advances as soon as possible.

154 2. In using frequency bands for space radio services Members shall bear in mind that radio frequencies and the geostationary satellite orbit are limited natural resources and that they must be used efficiently and economically, in conformity with the provisions of the Radio Regulations, so that countries or groups of countries may have equitable access to both, taking into account the special needs of the developing countries and the geographical situation of particular countries.

Article 34

Intercommunication

155 1. Stations performing radiocommunication in the mobile service shall be bound, within the limits of their normal employment, to exchange radiocommunications reciprocally without distinction as to the radio system adopted by them.

156 2. Nevertheless, in order not to impede scientific progress, the provisions of No. 155 shall not prevent the use of a radio system incapable of communicating with other systems, provided that such incapacity is due to the specific nature of such system and is not the result of devices adopted solely with the object of preventing intercommunication.

157 3. Notwithstanding the provisions of No. 155, a station may be assigned to a restricted international service of telecommunication, determined by the purpose of such service, or by other circumstances independent of the system used.

Article 35

Harmful interference

158 1. All stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Members or of recognized private operating agencies, or of other duly authorized operating agencies which carry on radio service, and which operate in accordance with the provisions of the Radio Regulations.

159 2. Each Member undertakes to require the private operating agencies which it recognizes and the other operating agencies duly authorized for this purpose, to observe the provisions of No. 158.

160 3. Further, the Members recognize the desirability of taking all practicable steps to prevent the operation of electrical apparatus and installations of all kinds from causing harmful interference to the radio services or communications mentioned in No. 158.

Article 36

Distress calls and messages

161 Radio stations shall be obliged to accept, with absolute priority, distress calls and messages regardless of their origin, to reply in the same manner to such messages, and immediately to take such action in regard thereto as may be required.

Article 37

False or deceptive distress, urgency, safety or identification signals

162 Members agree to take the steps required to prevent the transmission or circulation of false or deceptive distress, urgency, safety or identification signals, and to collaborate in locating and identifying stations transmitting such signals, from their own country.

Article 38

Installations for national defence services

163 1. Members retain their entire freedom with regard to military radio installations of their army, naval and air forces.

164 2. Nevertheless, these installations must, so far as possible, observe statutory provisions relative to giving assistance in case of distress and to the measures to be taken to prevent harmful interference, and the provisions of the Administrative Regulations concerning the types of emission and the frequencies to be used, according to the nature of the service performed by such installations.

165 3. Moreover, when these installations take part in the service of public correspondence or
other services governed by the Administrative Regulations annexed to this Convention, they must, in general, comply with the regulatory provisions for the conduct of such services.

CHAPTER IV

RELATIONS WITH THE UNITED NATIONS AND WITH INTERNATIONAL ORGANIZATIONS

Article 39

Relations with the United Nations

166 1. The relationship between the United Nations and the International Telecommunication Union is defined in the Agreement concluded between these two organizations, the text of which appears in Annex 3 to this Convention.

167 2. In accordance with the provision of Article XVI of the abovementioned Agreement, the telecommunication operating services of the United Nations shall be entitled to the rights and bound by the obligations of this Convention and of the Administrative Regulations annexed thereto. Accordingly, they shall be entitled to attend all conferences of the Union, including meetings of the International Consultative Committees, in a consultative capacity.

Article 40

Relations with international organizations

168 In furtherance of complete international coordination on matters affecting telecommunication, the Union shall cooperate with international organizations having related interests and activities.

CHAPTER V

APPLICATION OF THE CONVENTION AND THE REGULATIONS

Article: 41

Basic provisions and general regulations

169 In the case of an inconsistency between a provision in the first part of the Convention (Basic Provisions, Nos. 1 to 194) and a provision in the second part of the Convention (General Regulations, Nos. 201 to 643) the former shall prevail.

Article 42

Administrative regulations

170 1. The provisions of the Convention are supplemented by the Administrative Regulations which regulate the use of telecommunication and shall be binding on all Members.

171 2. Ratification of this Convention in accordance with Article 45 or accession in accordance with Article 46 involves acceptance of the Administrative Regulations in force at the time of ratification or accession.

172 3. Members shall inform the Secretary-General of their approval of any revision of these Regulations by competent administrative conferences. The Secretary-General shall inform Members promptly regarding receipt of such notifications of approval.

173 4. In case of inconsistency between a provision of the Convention and a provision of the Administrative Regulations, the Convention shall prevail.

Article 43

Validity of Administrative Regulations in force

174 The Administrative Regulations referred to in No. 170 are those in force at the time of signature of this Convention. They shall be regarded as annexed to this Convention and shall remain valid, subject to such partial revisions as may be adopted in consequence of the provisions of No. 53 until the time of entry into force of new Regulations drawn up by the competent world administrative conferences to replace them as annexes to this Convention.

Article 44

Execution of the Convention and Regulations

175 1. The Members are bound to abide by the provisions of this Convention and the Administrative Regulations in all telecommunication offices and stations established or operated by them which engage in international services or which are capable of causing harmful interference to radio services of other countries, except in regard to services exempted from these obligations in accordance with the provisions of Article 38.

176 2. They are also bound to take the necessary steps to impose the observance of the provisions of this Convention and of the Administrative Regulations upon private operating agencies authorized by them to establish and operate telecommunications and which engage in international services or which operate stations capable of causing harmful interference to the radio services of other countries.

Article 45

Ratification of the Convention

177 1. This Convention shall be ratified by the signatory governments in accordance with the constitutional rules in force in their respective countries. The instruments of ratification shall be deposited, in as short a time as possible, with the Secretary-General by diplomatic channel through the intermediary of the government of the country of the seat of the Union.[1] The Secretary-General shall notify the Members of each deposit of ratification.

178 2. (1) During a period of two years from the date of entry into force of this Convention, a signatory government, even though it may not have deposited an instrument of ratification in accordance with No. 177, shall enjoy the rights conferred on Members of the Union in Nos. 8 to 11.

179 (2) From the end of a period of two years from the date of entry into force of this Convention, a signatory government which has not deposited an instrument of ratification in accordance with No. 177 shall not be entitled to vote at any conference of the Union, or at any session of the Administrative Council, or at any meeting of any of the permanent organs of the Union, or during consultation by correspondence conducted in accordance with the provisions of the Convention until it has so deposited such an instrument. Its rights, other than voting rights, shall not be affected.

180 3. After the entry into force of this Convention in accordance with Article 52, each instrument of ratification shall become effective on the date of its deposit with the Secretary-General[2].

181 4. If one or more of the signatory governments do not ratify the Convention it shall not thereby be less valid for the governments which have ratified it.

Article 46

Accession to the Convention

182 1. The government of a country, not a signatory of this Convention, may accede thereto at any time subject to the provisions of Article 1.

183 2. The instrument of accession shall be deposited with the Secretary-General by diplomatic channel through the intermediary of the government of the country of the seat of the Union. Unless otherwise specified therein, it shall become effective upon the date of its deposit. The Secretary-General shall notify the Members of each accession when it is received and shall forward to each of them a certified copy of the act of accession.

Article 47

Denunciation of the Convention

184 1. Each Member which has ratified, or acceded to, this Convention shall have the right to denounce it by a notification addressed to the Secretary-General by diplomatic channel through the intermediary of the government of the country of the seat of the Union. The Secre
tary-General shall advise the other Members thereof.

185 2. This denunciation shall take effect at the expiration of a period of one year from the day of the receipt of notification of it by the Secretary-General.

Article 48

Abrogation of the International Telecommunication Convention (Malaga-Torremolinos, 1973)

186 This Convention shall abrogate and replace, in relations between the Contracting Governments, the International Telecommunication Convention (Malaga-Torremolinos, 1973).[3]

Article 49

Relations with non-contracting States

187 Each Member reserves to itself and to the recognised private operating agencies the right to fix the conditions on which it admits telecommunications exchanged with a State which is not a party to this Convention. If a telecommunication originating in the territory of such a non-contracting State is accepted by a Member, it must be transmitted and, in so far as it follows the telecommunication channels of a Member, the obligatory provisions of the Convention and Administrative Regulations and the usual charges shall apply to it.

Article 50

Settlement of disputes

188 1. Members may settle their disputes on questions relating to the interpretation or application of this Convention or of the Regulations contemplated in Article 42, through diplomatic channels, or according to procedures established by bilateral or multilateral treaties concluded between them for the settlement of international disputes, or by any other method mutually agreed upon.

189 2. If none of these methods of settlement is adopted, any Member party to a dispute may submit the dispute to arbitration in accordance with the procedure defined in the General Regulations or in the Optional Additional Protocol, as the case may be.

CHAPTER VI

DEFINITIONS

Article 51

Definitions

190 In this Convention unless the context otherwise requires:

191 (a) the terms which are defined in Annex 2 to this Convention shall have the meanings therein assigned to them;

192 (b) other terms which are defined in the Regulations referred to in Article 42 shall have the meanings therein assigned to them.

CHAPTER VII

FINAL PROVISIONS

Article 52

Effective date and registration of the Convention

193 The present Convention shall enter into force on 1 January 1984 between Members whose instruments of ratification or accession have been deposited before that date.

194 In accordance with the provisions of Article 102 of the Charter of the United Nations, the Secretary-General of the Union shall register the present Convention with the Secretariat of the United Nations.

SECOND PART

GENERAL REGULATIONS

CHAPTER VIII

FUNCTIONING OF THE UNION

Article 53

Plenipotentiary Conference

201 1. (1) The Plenipotentiary Conference shall be convened in accordance with the provisions of No. 34.

202 (2) If practicable, the date and place of a Plenipotentiary Conference shall be set by the preceding Plenipotentiary Conference; failing this, they shall be fixed by the Administrative Council with the concurrence of the majority of the Members of the Union.

203 2. (1) The date and place of the next Plenipotentiary Conference, or either one of these, may be changed:

204 (a) when at least one-quarter of the Members of the Union have individually proposed a change to the Secretary-General; or

205 (b) on a proposal of the Administrative Council.

206 (2) In either case a new date or place or both shall be fixed with the concurrence of a majority of the Members of the Union.

Article 54

Administrative conferences

207 1. (1) The agenda of an administrative conference shall be established by the Administrative Council with the concurrence of a majority of the Members of the Union in the case of a world administrative conference, or of a majority of the Members belonging to the region concerned in the case of a regional administrative conference, subject to the provisions of No. 229.

208 (2) This Agenda shall include any question which a Plenipotentiary Conference has directed to be placed on the agenda.

209 (3) A world administrative conference dealing with radiocommunication may also include in its agenda an item concerning instructions to the International Frequency Registration Board regarding its activities and a review of those activities. A world administrative conference may include in its decisions instructions or requests, as appropriate, to the permanent organs.

210 2. (1) A world administrative conference shall be convened:

211 (a) by a decision of a Plenipotentiary Conference which may fix the date and place of its meeting;

212 (b) on the recommendation of a previous world administrative conference if approved by the Administrative Council;

213 (c) at the request of at least one-quarter of the Members of the Union, who shall individually address their requests to the Secretary-General; or

214 (d) on a proposal of the Administrative Council.

215 (2) In the cases specified in Nos. 212, 213 and 214 and, if necessary, in the case specified in No. 211, the date and place of meeting shall be determined by the Administrative Council with the concurrence of a majority of the Members of the Union, subject to the provisions of No. 229.

216 3. (1) A regional administrative conference shall be convened:

217 (a) by a decision of a Plenipotentiary Conference;

218 (b) on the recommendation of a previous world or regional administrative conference if approved by the Administrative Council;

219 (c) at the request of at least one-quarter of the Members belonging to the region concerned, who shall individually address their requests to the Secretary-General; or

220 (d) on the proposal of the Administrative Council.

221 (2) In the cases specified in Nos. 218, 219 and 220 and, if necessary. in the case specified in No. 217, the date and place of meeting shall be determined by the Administrative Council with the concurrence of a majority of the Members of the Union belonging to the region concerned, subject to the provisions of No. 229.

222 4. (1) The agenda, or date or place of an administrative conference may be changed:

223 (a) at the request of at least one-quarter of the Membe
rs of the Union in the case of a world administrative conference, or of at least one-quarter of the Members of the Union belonging to the region concerned in the case of a regional administrative conference. Their requests shall be addressed individually to the Secretary-General, who shall transmit them to the Administrative Council for approval; or

224 (b) on a proposal of the Administrative Council.

225 (2) In cases specified in Nos. 223 and 224 the changes proposed shall not be finally adopted until accepted by a majority of the Members of the Union, in the case of a world administrative conference, or of a majority of the Members of the Union belonging to the region concerned, in the case of a regional administrative conference, subject to the provisions of No. 229.

226 5. (1) A Plenipotentiary Conference or the Administrative Council may deem it advisable for the main session of an administrative conference to be preceded by a preparatory session to draw up and submit a report on the technical bases for the work of the Conference.

227 (2) The convening of such a preparatory session and its agenda must be approved by a majority of the Members of the Union in the case of a world administrative conference, or by a majority of the Members of the Union belonging to the region concerned, in the case of a regional administrative conference, subject to the provisions of No. 229.

228 (3) Unless the plenary meeting of a preparatory session of an administrative conference decides otherwise, the texts finally approved by it will be assembled in a report which will also be approved by a plenary meeting and signed by the Chairman.

229 6. In the consultations referred to in Nos. 207, 215, 221, 225 and 227 Members of the Union who have not replied within the time limits specified by the Administrative Council shall be regarded as not participating in the consultations, and in consequence shall not be taken into account in computing the majority. If the number of replies does not exceed one-half of the Members consulted, a further consultation shall take place, the results of which shall be decisive regardless of the number of votes cast.

230 7. If invited by a Plenipotentiary Conference, the Administrative Council or a preceding administrative conference to draw up and submit the technical bases for a forthcoming administrative conference, subject to budgetary provision being made available by the Administrative Council, the International Radio Consultative Committee may convene a conference preparatory meeting to be held in advance of that administrative conference. The report of such a conference preparatory meeting shall be submitted by the Director of the CCIR through the Secretary-General for use as an input document to the administrative conference.

Article 55

Administrative Council

231 1. (1) The Administrative Council is composed of the Members of the Union elected by the Plenipotentiary Conference.

232 (2) If between two Plenipotentiary Conferences a seat becomes vacant on the Administrative Council, it shall pass by right to the Member of the Union from the same region as the Member whose seat is vacated, which had obtained at the previous election the largest number of votes among those not elected.

233 (3) A seat on the Administrative Council shall be considered vacant:

234 (a) when a Council Member does not have a representative in attendance at two consecutive annual sessions of the Administrative Council;

235 (b) when a Member of the Union resigns its membership on the Council.

236 2. The person appointed to serve on the Council by a Member of the Administrative Council shall, so far as possible, be an official serving in, or directly responsible to, or for, their telecommunication administration and qualified in the field of telecommunication services.

237 3. At the beginning of each annual session, the Administrative Council shall elect its own Chairman and Vice-Chairman from among the representatives of its Members, taking into account the principle of rotation between the regions. They shall serve until the opening of the next annual session and shall not be eligible for re-election. The Vice-Chairman shall serve as Chairman in the absence of the latter.

238 4. (1) The Administrative Council shall hold an annual session at the seat of the Union.

239 (2) During this session it may decide to hold, exceptionally, an additional session.

240 (3) Between ordinary sessions, it may be convened as a general rule at the seat of the Union, by its Chairman at the request of a majority of its Members or at the call of the Chairman under the conditions provided for in No. 267.

241 5. The Secretary-General and the Deputy Secretary-General, the Chairman and the Vice-Chairman of the International Frequency Registration Board and the Directors of the International Consultative Committees may participate as of right in the deliberations of the Administrative Council, but without taking part in the voting. Nevertheless, the Council may hold meetings confined to its own members.

242 6. The Secretary-General shall act as secretary of the Administrative Council.

243 7. The Administrative Council shall make decisions only in session. Exceptionally, the Council in session may agree that any specific issue shall be decided by correspondence.

244 8. The representative of each Member of the Administrative Council shall have the right to attend, as an observer, all meetings of the permanent organs of the Union mentioned in Nos. 31, 32 and 33.

245 9. Only the travelling, subsistence and insurance expenses incurred by the representative of each Member of the Administrative Council in his capacity at Council sessions shall be borne by the Union.

246 10. In the discharge of its duties prescribed in the Convention, the Administrative Council shall in particular:

247 (a) in the interval between Plenipotentiary Conferences, be responsible for effecting the coordination with all international organizations referred to in Articles 39 and 40 and to this end, shall conclude, on behalf of the Union, provisional agreements with the international organizations referred to in Article 40, and with the United Nations in application of the Agreement between the United Nations and the International Telecommunication Union; these provisional agreements shall be submitted to the next Plenipotentiary Conference in accordance with No. 46;

248 (b) decide upon the implementation of any decisions relating to future conferences or meetings which have financial implications and which have been taken by administrative conferences or Plenary Assemblies of the CCIs. In so doing the Administrative Council shall take into account the provisions of Article 80;

249 (c) decide on proposals for organizational changes within the permanent organs of the Union which are referred to it by the Secretary-General;

250 (d) examine and decide on plans concerning Union posts and staff covering several years;

251 (e) decide on the number and grading of the staff of the General Secretariat
and of the specialized secretariats of the permanent organs of the Union, taking into account the general directives given by the Plenipotentiary Conference, and, bearing in mind No. 104, approve a list of posts in the professional category and above, which, taking into account the constant advances made in the technology and operation of telecommunications, shall be filled by holders of fixed-term contracts which may be extended, with a view to employing the most competent specialists, whose applications are submitted through Members of the Union; this list shall be proposed by the Secretary-General in consultation with the Coordination Committee and shall be kept under constant review;

252 (f) draw up such regulations as it may consider necessary for the administrative and financial activities of the Union; and also the administrative regulations to take account of current practice of the United Nations and of the specialized agencies applying the Common System of pay, allowances and pensions;

253 (g) supervise the administrative functions of the Union and decide on appropriate measures for the rationalization of those functions;

254 (h) review and approve the annual budget of the Union, and the budget forecast for the following year, taking account of the limits for expenditures set by the Plenipotentiary Conference and ensuring the strictest possible economy but mindful of the obligation upon the Union to achieve satisfactory results as expeditiously as possible through conferences and the work programs of the permanent organs; in so doing, the Council shall take into account the views of the Coordination Committee as reported by the Secretary-General regarding the work plans mentioned in No. 302 and the results of any cost analyses mentioned in Nos. 301 and 304;

255 (i) arrange for the annual audit of the accounts of the Union prepared by the Secretary-General and approve them, if appropriate, for submission to the next Plenipotentiary Conference;

256 (j) adjust as necessary:

257 1. the basic salary scales for staff in the professional categories and above, excluding the salaries for posts filled by election, to accord with any changes in the basic salary scales adopted by the United Nations for the corresponding Common System categories;

258 2. the basic salary scales for staff in the general services categories to accord with changes in the rates applied by the United Nations and the specialized agencies at the seat of the Union;

259 3. the post adjustment for professional categories and above, including posts filled by election, in accordance with decisions of the United Nations for application at the seat of the Union;

260 4. the allowances for all staff of the Union, in accordance with any changes adopted in the United Nations Common System;

261 5. the contributions payable by the Union and the staff to the United Nations Joint Staff Pension Fund, in accordance with the decisions of the United Nations Joint Staff Pension Board;

262 6. the cost-of-living allowances granted to beneficiaries of the Union Staff Superannuation and Benevolent Funds on the basis of practice in the United Nations;

263 (k) arrange for the convening of Plenipotentiary and administrative conferences of the Union in accordance with Articles 53 and 54;

264 (l) offer to the Plenipotentiary Conference of the Union any recommendations deemed useful;

265 (m) review and coordinate the work programs as well as their progress and the working arrangements of the permanent organs of the Union including the meeting schedules and, in particular, take such action as it deems appropriate for reducing the number and duration of conferences and meetings curtailing expenditure for conferences and meetings;

266 (n) provide, with the consent of a majority of the Members of the Union in the case of a world administrative conference or by a majority of the Members of the Union belonging to the region concerned, in the case of a regional administrative conference, appropriate directives to the permanent organs of the Union with regard to their technical and other assistance in the preparation for and organization of administrative conferences;

267 (o) subject to the provisions of No. 103, provide for the filling of any vacancy in the post of Secretary-General and/or Deputy Secretary-General in the situation described in Nos. 69 or 70, at an ordinary session, if held within 90 days after a vacancy occurs, or at a session convened by the Chairman within the time periods specified in Nos. 69 or 70;

268 (p) provide for the filling of any vacancy in the post of Director of either of the International Consultative Committees at the next ordinary session following the occurrence of such a vacancy. A Director so selected shall serve until the date fixed by the next Plenipotentiary Conference as provided for in No. 323 and shall be eligible for election to the post at the next Plenipotentiary Conference;

269 (q) provide for the filling of vacancies for members of the International Frequency Registration Board in accordance with the procedure in No. 315;

270 (r) perform the other functions prescribed for it in the Convention and, within the framework of the Convention and the Administrative Regulations, any functions deemed necessary for the proper administration of the Union or its permanent organs taken individually;

271 (s) take the necessary steps, with the agreement of a majority of the Members of the Union, provisionally to resolve questions not covered by the Convention, the Administrative Regulations and their annexes and which cannot await the next competent conference for settlement;

272 (t) submit a report on the activities of all the organs of the Union since the previous Plenipotentiary Conference;

273 (u) send to Members of the Union, as soon as possible after each of its sessions, summary records on the activities of the Administrative Council and other documents deemed useful;

274 (v) take decisions to ensure equitable geographical distribution of the staff of the Union and monitor the implementation of such decisions.

Article 56

General Secretariat

275 1. The Secretary-General shall:

276 (a) coordinate the activities of the different permanent organs of the Union taking into account the views of the Coordination Committee referred to in No. 96 with a view to assuring the most effective and economical use of personnel and of the financial and other resources of the Union;

277 (b) organize the work of the General Secretariat and appoint the staff of that Secretariat in accordance with the directives of the Plenipotentiary Conference and the rules established by the Administrative Council;

278 (c) undertake administrative arrangements for the specialized secretariats of the permanent organs of the Union and appoint the staff of those secretariats on the basis of the choice and proposals of the Head of each permanent organ, although the final decision for appointment or dismissal shall rest with the Secretary-General;

279 (d) report to the Administrative Counci
l any decisions taken by the United Nations and the specialized agencies which affect Common System conditions of service, allowances and pensions;

280 (e) ensure the application of the financial and administrative regulations approved by the Administrative Council;

281 (f) provide legal advice to the organs of the Union;

282 (g) supervise, for administrative management purposes, the staff of the Headquarters of the Union with a view to assuring the most effective use of personnel and the application of the Common System conditions of employment for the staff of the Union. The staff appointed to assist directly the Directors of the Consultative Committees and the International Frequency Registration Board shall work under the direct orders of those senior officials concerned but in accordance with general administrative directives of the Administrative Council and of the Secretary-General;

283 (h) in the interest of the Union as a whole and in consultation with the Chairman of the International Frequency Registration Board or the Director of the Consultative Committee concerned, temporarily reassign staff members from their appointed position as necessary to meet fluctuating work requirements at Headquarters. The Secretary-General shall report such temporary reassignments, including the financial implications thereof, to the Administrative Council;

284 (i) undertake secretarial work preparatory to, and following conferences of the Union;

285 (j) prepare recommendations for the first meeting of the Heads of delegations referred to in No. 450, taking into account the results of any regional consultation;

286 (k) provide, where appropriate in cooperation with the inviting government, the secretariat of conferences of the Union, and provide the facilities and services for meetings of the permanent organs of the Union in collaboration with their respective Heads; drawing from the Union’s staff as he deems necessary in accordance with No. 283. The Secretary-General may also when so requested, provide the secretariat of other telecommunication meetings on a contractual basis;

287 (l) keep up to date the official lists, compiled from data supplied for this purpose by the permanent organs of the Union or by administrations, with the exception of the master registers and such other essential records as may be related to the duties of the International Frequency Registration Board;

288 (m) publish the principal reports of the permanent organs of the Union, the recommendations and the operating instructions derived from such recommendations for use in the international telecommunication services;

289 (n) publish international and regional telecommunication agreements communicated to him by the parties thereto, and keep up-to-date records of these agreements;

290 (o) publish the technical standards of the International Frequency Registration Board and any other data concerning the assignment and utilisation of frequencies and geostationary satellite orbit positions prepared by the Board in the performance of its duties;

291 (p) prepare, publish and keep up to date with the assistance, where appropriate, of the other permanent organs of the Union:

292 1. a record of the composition and structure of the Union;

293 2. the general statistics and the official service documents of the Union as prescribed by the Administrative Regulations;

294 3. such other documents as conferences or the Administrative Council may direct;

295 (q) collect and publish, in suitable form, data, both national and international, regarding telecommunication throughout the world;

296 (r) assemble and publish, in cooperation with the other permanent organs of the Union, both technical and administrative information that might be especially useful to developing countries in order to help them to improve their telecommunication networks. Their attention shall also be drawn to the possibilities offered by the international programmes under the auspices of the United Nations;

297 (s) collect and publish such information as would be of assistance to Members regarding the development of technical methods with a view to achieving the most efficient operation of telecommunication services and specially the best possible use of radio frequencies so as to diminish interference;

298 (t) publish periodically, with the help of information put at his disposal or which he may collect, including that which he may obtain from other international organizations, a journal of general information and documentation concerning telecommunication;

299 (u) determine, in consultation with the Director of the International Consultative Committee concerned or, as appropriate, the Chairman of the International Frequency Registration Board, the form and presentation of all publications of the Union, taking into account the nature and the contents as well as the most suitable and economical means of publication;

300 (v) arrange the timely distribution of the published documents;

301 (w) after consultation with the Coordination Committee and making all possible economies, prepare and submit the Administrative Council an annual draft budget and a preliminary budget for the following year covering the expenditures of the Union within the limits laid down by the Plenipotentiary Conference and comprising two versions. One version shall be for zero growth of the contributory unit, the other for a growth less than or equal to any limit fixed by Additional Protocol I after any drawing on the reserve account. The draft budget and the annex containing a cost analysis, after approval by the Council, shall be sent for information to all Members of the Union;

302 (x) after consultation with the Coordination Committee and taking into account their views, prepare and submit to the Administrative Council future work plans comprising the main activities at the seat of the Union in accordance with the instructions of the Administrative Council;

303 (y) prepare and submit to the Administrative Council plans covering several years for recruitment and the reclassification and abolition of posts;

304 (z) taking into account the views of the Coordination Committee, prepare and submit to the Administrative Council cost analyses of the main activities at the seat of the Union during the year immediately prior to the session, taking into account in particular results obtained by rationalisation;

305 (aa) with the assistance of the Coordination Committee, prepare a financial operating report and accounts to be submitted annually to the Administrative Council and a recapitulative account immediately preceding each Plenipotentiary Conference; these documents, after verification and approval by the Administrative Council, shall be circulated to all Members and submitted to the next Plenipotentiary Conference for examination and final approval;

306 (ab) with the assistance of the Coordination Committee, prepare an annual report on the activities of the Union which, after approval by the Administrative Council, shall be sent to all Members;

307 (ac) perform all other secretarial functions of the
Union;

308 (ad) perform any other functions entrusted to him by the Administrative Council.

309 2. The Secretary-General or the Deputy Secretary-General should participate, in a consultative capacity, in Plenipotentiary and administrative conferences of the Union and in Plenary Assemblies of the International Consultative Committees; their participation in the meetings of the Administrative Council is governed by Nos. 241 and 242; the Secretary-General or his representative may participate in a consultative capacity in all other meetings of the Union.

Article 57

International Frequency Registration Board

310 1. (1) The members of the International Frequency Registration Board shall be thoroughly qualified by technical training in the field of radio and shall possess practical experience in the assignment and utilization of frequencies.

311 (2) Moreover, for the more effective understanding of the problems coming before the Board under No. 79, each member shall be familiar with geographic, economic and demographic conditions within a particular area of the world.

312 2. (1) The election procedure shall be established by the Plenipotentiary Conference as specified in No. 73.

313 (2) At each election any serving member of the Board may be proposed again as a candidate by the country of which he is a national.

314 (3) The members of the Board shall take up their duties on the date fixed by the Plenipotentiary Conference which elected them. They shall normally remain in office until the date fixed by the conference which elects their successors.

315 (4) If in the interval between two Plenipotentiary Conferences which elect members of the Board, an elected member of the Board resigns or abandons his duties or dies, the Chairman of the Board shall request the Secretary-General to invite the countries, Members of the Union, of the region concerned to propose candidates for the election of a replacement at the next annual session of the Administrative Council. However, if the vacancy occurs more than 90 days before the session of the Administrative Council or after the session of the Administrative Council preceding the next Plenipotentiary Conference, the country of which the member concerned was a national shall designate, as soon as possible and within 90 days, a replacement who shall also be a national of that country and who will remain in office until the new member elected by the Administrative Council takes office or until the new members of the Board elected by the next Plenipotentiary Conference take office, as appropriate; in both cases, the travel expenses incurred by the replacement member shall be borne by his Administration. The replacement shall be eligible for election by the Administrative Council or by the Plenipotentiary Conference, as appropriate.

316 3. (1) The working arrangements of the Board are defined in the Radio Regulations.

317 (2) The members of the Board shall elect from their own numbers a Chairman and a Vice-Chairman, for a period of one year. Thereafter the Vice-Chairman shall succeed the Chairman each year and a new Vice-Chairman shall be elected.

318 (3) The Board shall be assisted by a specialized secretariat.

319 4. No member of the Board shall request or receive instructions relating to the exercise of his duties from any government or a member thereof, or from any public or private organization or person. Furthermore, each Member must respect the international character of the Board and of the duties of its members and shall refrain from any attempt to influence any of them in the exercise of their duties.

Article 58

International consultative committees

320 1. Each International Consultative Committee shall work through the medium of:

321 (a) the Plenary Assembly, preferably meeting every four years. When a corresponding world administrative conference has been convened, the Plenary Assembly should meet, if possible, at least eight months before this conference;

322 (b) study groups, which shall be set up by the Plenary Assembly to deal with questions to be examined;

323 (c) a Director elected by the Plenipotentiary Conference for the interval between two Plenipotentiary Conferences. He shall be eligible for re-election at the next Plenipotentiary Conference. If the position becomes unexpectedly vacant, the Administrative Council shall appoint a new Director at its next annual session in accordance with the provisions of No. 268;

324 (d) a specialized secretariat, which assists the Director;

325 (e) laboratories or technical installations set up by the Union.

326 2. (1) The questions studied by each International Consultative Committee, on which it shall issue recommendations, shall be those referred to it by the Plenipotentiary Conference, by an administrative conference, by the Administrative Council, by the other Consultative Committee, or by the International Frequency Registration Board, in addition to those decided upon by the Plenary Assembly of the Consultative Committee itself, or, in the interval between its Plenary Assemblies, when requested or approved by correspondence by at least twenty Members of the Union.

327 (2) At the request of the countries concerned each Consultative Committee may also study and offer advice concerning their national telecommunication problems. The study of such problems shall be conducted in accordance with No. 326; where a comparison of technical alternatives is involved, economic factors may be taken into consideration.

Article 59

Coordination Committee

328 1. (1) The Coordination Committee shall assist and advise the Secretary-General on all matters mentioned under No. 97 and shall assist the Secretary-General in the duties assigned to him under Nos. 276, 298, 301, 302, 305 and 306.

329 (2) The Committee shall be responsible for ensuring coordination with all the international organizations mentioned in Articles 39 and 40 as regards representation of the permanent organs of the Union at conferences of such organizations.

330 (3) The Committee shall examine the progress of the work of the Union in technical cooperation and submit recommendations, through the Secretary-General, to the Administrative Council.

331 2. The Committee shall endeavour to reach conclusions unanimously. In the absence of the support of the majority in the Committee, its Chairman may in exceptional circumstances take decisions, on his own responsibility, provided he judges that the decision of the matters in question is urgent and cannot await the next session of the Administrative Council. In such circumstances he shall report promptly in writing on such matters to the Members of the Administrative Council, setting forth his reasons for such action together with any other written views submitted by other members of the Committee. If in such circumstances the matters are not urgent, but nevertheless important, they shall be submitted for consideration by the next session of the Administrative Council.

332 3. The Committee shall meet
when convened by its Chairman at least once a month; it may also be convened when necessary at the request of two of its members.

333 4. A report shall be made of the proceedings of the Coordination Committee and will be made available on request to Members of the Administrative Council.

CHAPTER IX

GENERAL PROVISIONS REGARDING CONFERENCES

Article 60

Invitation and admission to plenipotentiary conferences when there is an inviting government

334 1. The inviting government, in agreement with the Administrative Council, shall fix the definitive date and the exact place of the conference.

335 2. (1) One year before this date, the inviting government shall send an invitation to the government of each country Member of the Union.

336 (2) These invitations may be sent directly or through the Secretary-General or through another government.

337 3. The Secretary-General shall send an invitation to the United Nations in accordance with Article 39 and to any of the regional telecommunication organizations mentioned in Article 32 if requested by it.

338 4. The inviting government, in agreement with or on a proposal by the Administrative Council, may invite the specialized agencies of the United Nations and the International Atomic Energy Agency to send observers to take part in the conference in an advisory capacity, on the basis of reciprocity.

339 5. (1) The replies of the Members must reach the inviting government not later than one month before the date of opening of the conference and should include whenever possible full information on the composition of the delegation.

340 (2) These replies may be sent directly to the inviting government or through the Secretary-General or through another government.

341 6. All the permanent organs of the Union shall be represented at the conference in an advisory capacity.

342 7. The following shall be admitted to Plenipotentiary Conferences:

343 (a) delegations as defined in Annex 2;

344 (b) observers of the United Nations;

345 (c) observers of regional telecommunication organizations in conformity with No. 337;

346 (d) observers of the specialized agencies and of the International Atomic Energy Agency in conformity with No. 338.

Article 61

Invitation and admission to administrative conferences when there is an inviting government

347 1. (1) The provisions of Nos. 334 to 340 shall apply to administrative conferences.

348 (2) Members of the Union may inform the private operating agencies recognized by them of the invitation they have received.

349 2. (1) The inviting government, in agreement with or on a proposal by the Administrative Council, may notify the international organizations which are interested in sending observers to participate in the conference in an advisory capacity.

350 (2) The interested international organizations shall send an application for admission to the inviting government within a period of two months from the date of notification.

351 (3) The inviting government shall assemble the requests and the conference itself shall decide whether the organizations concerned are to be admitted.

352 3. The following shall be admitted to administrative conferences:

353 (a) delegations as defined in Annex 2;

354 (b) observers of the United Nations;

355 (c) observers of regional telecommunication organizations mentioned in Article 32;

356 (d) observers of the specialized agencies and of the International Atomic Energy Agency in conformity with No. 338;

357 (e) observers of international organizations admitted in accordance with Nos. 349 to 351;

358 (f) representatives of recognized private operating agencies, duly authorized by the Member to which they belong;

359 (g) permanent organs of the Union in an advisory capacity when the conference is discussing matters coming within their competence. If necessary, the conference may invite an organ which has not considered it necessary to be represented;

360 (h) observers for Members of the Union participating in a non-voting capacity in a regional administrative conference of a region other than that to which the said Members belong.

Article 62

Procedure for convening world administrative conferences at the request of Members of the Union or on a proposal of the Administrative Council

361 1. Any Member of the Union wishing to have a world administrative conference convened shall so inform the Secretary-General, indicating the proposed agenda, place and date of the conference.

362 2. On receipt of similar requests from at least one-quarter of the Members, the Secretary-General shall inform all Members thereof by the most appropriate means of telecommunication, asking them to indicate, within six weeks, whether or not they agree to the proposal.

363 3. If a majority of the Members, determined in accordance with No. 229, agree to the proposal as a whole, that is to say, if they accept the agenda, date and place of the proposed meeting, the Secretary-General shall so inform the Members by the most appropriate means of telecommunication.

364 4. (1) If the proposal accepted is for a conference elsewhere than at the seat of the Union, the Secretary-General shall ask the government of the country concerned whether it agrees to act as inviting government.

365 (2) If the answer is in the affirmative, the Secretary-General, with the assent of the government concerned, shall take the necessary steps to convene the conference.

366 (3) If the answer is in the negative, the Secretary-General shall request the members desiring the conference to make alternative suggestions for the place of the conference.

367 5. Where the proposal accepted is for a conference at the seat of the Union, the provisions of Article 64 shall apply.

368 6. (1) If the proposal as a whole (agenda, date and place) is not accepted by a majority of the Members, determined in accordance with No. 229, the Secretary-General shall inform the Members of the Union of the replies received, requesting them to give a final reply on the point or points under dispute within six weeks of receipt.

369 (2) Such points shall be regarded as adopted when they have been approved by a majority of the Members. determined in accordance with No. 229.

370 7. The procedure indicated above shall also be applicable when the proposal to convene a world administrative conference is initiated by the Administrative Council.

Article 63

Procedure for convening regional administrative conferences at the request of Member
s of the Union or on a proposal of the Administrative Council

371 In the case of a regional administrative conference, the procedure described in Article 62 shall be applicable only to the Members of the region concerned. If the conference is to be convened on the initiative of the Members of the region, it will suffice for the Secretary-General to receive concordant requests from a quarter of the total number of Members in that region.

Article 64

Provisions for conferences meeting when there is no inviting government

372 When a conference is to be held without an inviting government, the provisions of Articles 60 and 61 apply. The Secretary-General shall take the necessary steps to convene and organize it at the seat of the Union, after agreement with the Government of the Swiss Confederation.

Article 65

Provisions common to all conferences.

Change in the date or place of a conference

373 1. The provisions of Articles 62 and 63 shall apply, by analogy, when a change in the date or place of a conference is requested by Members of the Union or is proposed by the Administrative Council. However, such changes shall only be made if a majority of the Members concerned, determined in accordance with No. 229, have pronounced in favour.

374 2. It shall be the responsibility of any Member proposing a change in the date or place of a conference to obtain for its proposal the support of the requisite number of other Members.

375 3. Where the issue arises, the Secretary-General shall indicate, in the communication referred to in No. 362, the probable financial consequences of a change in the date or place, as, for example, when there has been an outlay of expenditure in preparing for the conference at the place initially chosen.

Article 66

Time-limits and conditions for submission of proposals and reports to conferences

376 1. Immediately after the invitations have been despatched, the Secretary-General shall ask Members to send him, within four months, their proposals for the work of the conference.

377 2. All proposals the adoption of which will involve revision of the text of the Convention or Administrative Regulations must carry references identifying by their marginal numbers those parts of the text which will require such revision. The reasons for the proposal must be given, as briefly as possible, in each case.

378 3. The Secretary-General shall communicate the proposals to all Members as they are received.

379 4. The Secretary-General shall assemble and coordinate the proposals and reports, as the case may be, received from administrations, the Administrative Council, the Plenary Assemblies of the International Consultative Committees and conference preparatory meetings, and shall communicate them to Members at least four months before the opening of the conference. Elected officials of the Union shall not be entitled to submit proposals.

Article 67

Credentials for delegations to conferences

380 1. The delegation sent by a Member of the Union to a conference shall be duly accredited in accordance with Nos. 381 to 387.

381 2. (1) Accreditation of delegations to Plenipotentiary Conferences shall be by means of Instruments signed by the Head of State, by the Head of the Government or by the Minister for Foreign Affairs.

382 (2) Accreditation of delegations to administrative conferences shall be by means of instruments signed by the Head of State, by the Head of the Government, by the Minister for Foreign Affairs or by the Minister responsible for questions dealt with during the conference.

383 (3) Subject to confirmation prior to the signature of the Final Acts, by one of the authorities mentioned in Nos. 381 or 382, delegations may be provisionally accredited by the Head of the diplomatic mission of the country concerned to the government of the country in which the conference is held. In the case of a conference held in the country of the seat of the Union, a delegation may also be provisionally accredited by the Head of the Permanent Delegation of the country concerned to the United Nations Office at Geneva.

384 3. Credentials shall be accepted if they are signed by the appropriate authority mentioned under Nos. 381 to 383, and fulfil one of the following criteria:

385 – they confer full powers;

386 – they authorize the delegation to represent its government, without restrictions;

387 – they give the delegation, or certain members thereof, the right to sign the Final Acts.

388 4. (1) A delegation whose credentials are found to be in order by the Plenary Meeting shall be entitled to exercise the right to vote of the Member concerned and to sign the Final Acts.

389 (2) A delegation whose credentials are found not to be in order by the Plenary Meeting shall not be entitled to exercise the right to vote or to sign the Final Acts until the situation has been rectified.

390 5. Credentials shall be deposited with the secretariat of the conference as early as possible. A special committee as described in No. 471 shall be entrusted with the verification thereof and shall report on its conclusions to the Plenary Meeting within the time specified by the latter. Pending the decision of the Plenary Meeting thereon, a delegation of a Member of the Union shall be entitled to participate in the conference and to exercise the right to vote of the Member concerned.

391 6. As a general rule, Members of the Union should endeavour to send their own delegations to conferences of the Union. However, if a Member is unable, for exceptional reasons, to send its own delegation, it may give the delegation of another Member powers to vote and sign on its behalf. Such powers must be conveyed by means of an instrument signed by one of the authorities mentioned in Nos. 381 or 382.

392 7. A delegation with the right to vote may give to another delegation with the right to vote a mandate to exercise its vote at one or more meetings at which it is unable to be present. In such a case it shall, in good time, notify the Chairman of the conference in writing.

393 8. A delegation may not exercise more than one proxy vote.

394 9. Credentials and the transfer of powers sent by telegram shall not be accepted. Nevertheless, replies sent by telegram to requests by the Chairman or the secretariat of the conference for clarification of credentials shall be accepted.

CHAPTER X

GENERAL PROVISIONS REGARDING INTERNATIONAL CONSULTATIVE COMMITTEES

Article 68

Conditions for participation

395 1. The members of the International Consultative Committees referred to in Nos. 87 and 88 may participate in all the activities of the Consultative Committee concerned.

396 2. (1) Any request from a recognized private operating agency to take part in the work of a Consultative Commi
ttee must be approved by the Member recognizing it. The request should be forwarded by that Member to the Secretary-General who shall inform all Members and the Director of that Consultative Committee. The Director of the Consultative Committee shall advise the recognized private operating agency of the action taken on its request.

397 (2) A recognized private operating agency may not act on behalf of the Member which has recognized it unless that Member informs the Consultative Committee concerned in each particular case that it is authorized to do so.

398 3. (1) International organizations and regional telecommunication organizations mentioned in Article 32 which coordinate their work with the International Telecommunication Union and which have related activities may be admitted to participate in the work of the Consultative Committees in an advisory capacity.

399 (2) The first request from an international organization or regional telecommunication organization mentioned in Article 32 to take part in the work of a Consultative Committee shall be addressed to the Secretary-General who shall inform all the Members by the most appropriate means of telecommunication and invite them to state whether the request should be granted; the request shall be granted if the majority of the replies of the Members received within a period of one month are favourable. The Secretary-General shall inform all the Members and the members of the Coordination Committee of the result of the consultation.

400 4. (1) Scientific or industrial organizations which are engaged in the study of telecommunication problems or in the design or manufacture of equipment intended for telecommunication services, may be admitted to participate in an advisory capacity in meetings of the study groups of the Consultative Committees, provided that their participation has received approval of the administrations of the countries concerned.

401 (2) Any request from a scientific or industrial organization for admission to meetings of study groups of a Consultative Committee must be approved by the administration of the country concerned. The request shall be forwarded by that administration to the Secretary-General, who shall inform all the Members and the Director of that Consultative Committee. The Director of the Consultative Committee shall advise the scientific or industrial organization of the action taken on its request.

402 5. Any recognized private operating agency, international organization, regional telecommunication organization or scientific or industrial organization allowed to take part in the work of an International Consultative Committee has the right to denounce such participation by notifying the Secretary-General. Such denunciation shall take effect at the end of one year from the date when notification is received by the Secretary-General.

Article 69

Duties of the Plenary Assembly

403 The Plenary Assembly shall:

404 (a) consider the reports of study groups and approve, modify or reject the draft recommendations contained in these reports;

405 (b) consider existing questions as to whether or not their study should be continued, and prepare a list of the new questions to be studied in conformity with No. 326. In formulating new questions it shall be borne in mind that, in principle, their consideration should be completed in the period which is twice the interval between two Plenary Assemblies;

406 (c) approve the program of work arising from the considerations in No. 405, determine the order of questions to be studied according to their importance, priority and urgency, bearing in mind the need to keep the demands on the resources of the Union to a minimum;

407 (d) decide, in the light of the approved program of work derived from No. 406 whether or not existing study groups should be maintained or dissolved and whether or not new study groups should be set up:

408 (e) allocate to study groups the questions to be studied;

409 (f) consider and approve the report of the Director on the activities of the Committee since the last meeting of the Plenary Assembly;

410 (g) approve, if appropriate, for submission to the Administrative Council, the estimate of the financial needs of the Committee up to the next Plenary Assembly, as submitted by the Director in accordance with No. 439;

411 (h) when adopting resolutions and decisions, the Plenary Assembly should take into account the foreseeable financial implications and shall try to avoid adopting resolutions and decisions which might give rise to expenditure in excess of the upper limits on credits laid down by the Plenipotentiary Conference;

412 (i) to consider the reports of the World Plan Committee and any other matters deemed necessary under the provisions of Article 11 and of this Chapter.

Article 70

Meetings of the Plenary Assembly

413 1. The Plenary Assembly shall normally meet at a date and place fixed by the preceding Plenary Assembly.

414 2. The date and place, or either, of the meeting of the Plenary Assembly may be changed with the approval of the majority of the Members of the Union replying to the Secretary-General’s request for their opinion.

415 3. At each of these meetings, the Plenary Assembly shall be presided over by the Head of the delegation of the country in which the meeting is held or, in the case of a meeting held at the seat of the Union, by a person elected by the Plenary Assembly itself. The Chairman shall be assisted by Vice-Chairmen elected by the Plenary Assembly.

416 4. The Secretary-General shall be responsible for making the necessary administrative and financial arrangements, in agreement with the Director of the Consultative Committee concerned, for meetings of the Plenary Assembly and the study groups.

Article 71

Languages and right to vote in plenary assemblies

417 1. (1) The languages used in the Plenary Assemblies shall be as provided in Articles 16 and 78.

418 (2) The preparatory documents of study groups, the documents and minutes of Plenary Assemblies and the documents published after these Assemblies by the International Consultative Committees shall be issued in the three working languages of the Union.

419 2. The Members which are authorized to vote at sessions of Plenary Assemblies of the Consultative Committees are those to which reference is made in No. 10. However, when a Member is not represented by an administration, the representatives of the recognized private operating agencies of the country concerned shall, as a whole, and regardless of their number, be entitled to a single vote, subject to the provisions of No. 397.

420 3. The provisions of Nos. 391 to 394 concerning the transfer of powers shall apply to Plenary Assemblies.

Article 72

Study groups

421 1. The Plenary Assembly shall set up and maintain as necessary study groups to deal with questions to be studied. The administrations, recognized private operating agencies, internationa
l organizations and regional telecommunication organizations admitted in accordance with Nos. 398 and 399 which desire to take part in the work of the study groups shall give in their names either at the meeting of the Plenary Assembly or, at a later date, to the Director of the Consultative Committee concerned.

422 2. In addition, and subject to the provisions of Nos. 400 and 401, experts of scientific or industrial organizations may be admitted to take part in an advisory capacity in any meeting of any study group.

423 3. The Plenary Assembly shall normally appoint a Chairman and one Vice-Chairman of each study group. If the workload of any study group requires, the Plenary Assembly shall appoint such additional Vice-Chairmen as it feels necessary for such study group or groups. In appointing Chairmen and Vice-Chairmen, particular consideration shall be given to the requirements of competence, equitable geographical distribution and the need to promote more efficient participation by the developing countries. If, in the interval between two meetings of the Plenary Assembly, a group Chairman is unable to carry out his duties and only one Vice-Chairman has been appointed, then such a Vice-Chairman shall take the Chairman’s place. In the case of a study-group for which the Plenary Assembly has appointed more than one Vice-Chairman, the study group at its next meeting shall elect a new Chairman from among such Vice-Chairmen and, if necessary, a new Vice-Chairman from among the members of the study group. It shall likewise elect a new Vice-Chairman if one of the Vice-Chairmen is unable to carry out his duties during that period.

Articled 73

Conduct of business of study groups

424 1. Study groups shall conduct their work as far as possible by correspondence.

425 2. (1) However, the Plenary Assembly may give directives concerning the convening of any meetings of the study groups that may appear necessary to deal with large groups of questions.

426 (2) As a general rule, study groups shall hold no more than two meetings between sessions of the Plenary Assembly, including the final meetings held before that Assembly.

427 (3) Moreover, if after a Plenary Assembly a group Chairman considers it necessary for his study group to hold one or more meetings not provided for by the Plenary Assembly to discuss orally questions which could not be solved by correspondence, he may, with the approval of his administration and after consultation with the Director concerned and the members of his study group, suggest a meeting at a convenient place bearing in mind the need to keep expenses to a minimum.

428 3. Where necessary, the Plenary Assembly of a Consultative Committee may set up joint working parties for the study of questions requiring the participation of experts from several study groups.

429 4. The Director of a Consultative Committee, after consultation with the Secretary-General, and in agreement with the Chairmen of the various study groups concerned, shall draw up the general plan of meetings of groups of study groups which are to meet in the same place during the same period.

430 5. The Director shall send the final reports of the study groups to the participating administrations, to the recognized private operating agencies of the Consultative Committee and, as occasion may demand, to such international organizations and regional telecommunication organizations as have participated. These shall be sent as soon as possible and, in any event, in time for them to be received at least one month before the date of the next meeting of the Plenary Assembly. This provision may be waived only when study group meetings are held immediately prior to the meeting of the Plenary Assembly. Questions which have not formed the subject of a report furnished in this way shall not appear on the agenda for the meeting of the Plenary Assembly.

Article 74

Duties of the Director, specialized secretariat

431 1. (1) The Director of a Consultative Committee shall coordinate the work of the Plenary Assembly and study groups, and shall be responsible for the organization of the work of the Consultative Committee.

432 (2) The Director shall be responsible for the documents of the Committee and arrange for their publication, in the working languages of the Union, with the Secretary-General.

433 (3) The Director shall be assisted by a secretariat composed of a specialized staff to work under his direction and to aid him in the organization of the work of the Committee.

434 (4) The staff of the specialized secretariats, laboratories and technical installations of the Consultative Committees shall be under the administrative control of the Secretary-General in accordance with the provisions of No. 282.

435 2. The Director shall choose the technical and administrative members of the secretariat within the framework of the budget as approved by the Plenipotentiary Conference or the Administrative Council. The appointment of the technical and administrative personnel is made by the Secretary-General in agreement with the Director. The final decision for appointment or dismissal rests with the Secretary-General.

436 3. The Director shall participate as of right, but in an advisory capacity, in meetings of the Plenary Assembly and of the study groups. He shall, subject to the provisions of No. 416, make all necessary preparations for meetings of the Plenary Assembly and of the study groups.

437 4. The Director shall submit to the Plenary Assembly a report on the activities of the Consultative Committee since the last meeting of the Plenary Assembly. After approval, this report shall be sent to the Secretary-General for transmission to the Administrative Council.

438 5. The Director shall submit to the Administrative Council at its annual session a report on the activities of the Committee during the previous year for the information of the Council and of the Members of the Union.

439 6. The Director after consultation with the Secretary-General shall submit for the approval of the Plenary Assembly an estimate of the financial needs of the Committee up to the next meeting of the Plenary Assembly; this estimate, after approval by the Plenary Assembly, shall be sent to the Secretary-General for submission to the Administrative Council.

440 7. The Director shall prepare, for inclusion by the Secretary-General in the annual budget of the Union, an estimate of the expenses of the Committee for the following year, based on the estimate of the financial needs of the Committee approved by the Plenary Assembly.

441 8. The Director shall participate as necessary in technical cooperation and assistance activities of the Union within the framework of the Convention.

Article 75

Proposals for administrative conferences

442 1. The Plenary Assemblies of the International Consultative Committees are authorized to submit to administrative conferences proposals arising directly from their recommendations or from findings on questions under their study.

443 2. The Plenary Assemblies of the Consultative Committees may also ma
ke proposals for modification of the Administrative Regulations.

444 3. Such proposals shall be sent to the Secretary-General in good time for assembly, coordination and communication, as laid down in No. 379.

Article 76

Relations of consultative committees between themselves and with other international organizations

445 1. (1) Plenary Assemblies of Consultative Committees may set up joint study groups to study and make recommendations on questions of common interest.

446 (2) The Directors of Consultative Committees may, in collaboration with the group Chairmen, organize joint meetings of study groups of both Consultative Committees, to study and prepare draft recommendations on questions of common interest. Such draft recommendations shall be submitted to the next meeting of the Plenary Assembly of each Consultative Committee.

447 2. When one of the Consultative Committees is invited to participate in a meeting of the other Consultative Committee or of another international organization, the Plenary Assembly or the Director of the invited Consultative Committee is authorized to make arrangements for such representation in an advisory capacity, taking into account the provisions of No. 329.

448 3. The Secretary-General, the Deputy Secretary-General, the Chairman of the International Frequency Registration Board, and the Director of the other Consultative Committee, or their representatives, may attend meetings of a Consultative Committee in an advisory capacity. If necessary, a Consultative Committee may invite to attend its meetings, in an advisory capacity, representatives of any permanent organ of the Union which has not considered it necessary to be represented.

CHAPTER XI

RULES OF PROCEDURE OF CONFERENCES AND OTHER MEETINGS

Article 77

Rules of procedure of conferences and other meetings

1. Order of seating

449 At meetings of the conference, delegations shall be seated in the alphabetical order of the French names of the countries represented.

2. Inauguration of the conference

450 1. (1) The inaugural meeting of the conference shall be preceded by a meeting of the Heads of delegations in the course of which it shall prepare the agenda for the first Plenary Meeting and make proposals for the organization, chairmanships and vice-chairmanships of the conference and its committees, taking into account the principles of rotation, geographical distribution, the necessary competence and the provisions of No. 454.

451 (2) The Chairman of the meeting of Heads of delegation shall be appointed in accordance with the provisions of Nos. 452 and 453.

452 2. (1) The conference shall be opened by a person appointed by the inviting government.

453 (2) When there is no inviting government, it shall be opened by the oldest Head of delegation.

454 3. (1) The Chairman of the conference shall be elected at the first Plenary Meeting; generally he shall be a person nominated by the inviting government.

455 (2) If there is no inviting government, the Chairman shall be chosen, taking into account the proposal made by the Heads of delegations at the meeting described in No. 450.

456 4. The first Plenary Meeting shall also:

457 (a) elect the vice-Chairmen of the conference;

458 (b) set up the conference committees and elect their respective Chairmen and Vice-Chairmen;

459 (c) constitute the conference secretariat, made up of the staff of the General Secretariat of the Union, and, in case of need, of staff provided by the administration of the inviting government.

3. Powers of the Chairman of the Conference

460 1. The Chairman, in addition to the other prerogatives conferred upon him under these Rules of Procedure, shall open and close the meetings of the Plenary Meeting, direct the deliberations, ensure than the Rules of Procedure are applied, give the floor to speakers, put questions to the vote, and announce the decisions adopted.

461 2. He shall have the general direction of all the work of the conference, and shall ensure that order is maintained at Plenary Meetings. He shall give his ruling on motions of order and points of order and, in particular, he shall be employed to propose that discussion on a question be postponed or closed, or that a meeting be suspended or adjourned. He may also decide to postpone the convening of a Plenary Meeting should he consider it necessary.

462 3. It shall be the duty of the Chairman to protect the right of each delegation to express its opinion freely and fully on the point at issue.

463 4. He shall ensure that discussion is limited to the point at issue, and he may interrupt any speaker who departs therefrom and request him to confine his remarks to the subject under discussion.

4. Appointment of committees

464 1. The Plenary Meeting may appoint committees to consider matters referred to the conference. These committees may in turn appoint sub-committees. Committees and sub-committees may form working groups.

465 2. However, sub-committees and working groups shall be formed only when it is absolutely necessary.

466 3. Subject to the provisions of Nos. 464 and 465, the following committees shall be set up:

467 4.1 Steering Committee

468 (a) This committee shall normally be composed of the Chairman of the conference or meeting, who shall be its Chairman, by the Vice-Chairmen of the conference and by the Chairmen and Vice-Chairmen of committees;

469 (b) The steering committee shall coordinate all matters connected with the smooth execution of work and shall plan the order and number of meetings, avoiding overlapping wherever possible in view of the limited number of members of some delegations.

470 4.2 Credentials Committee

471 This committee shall verify the credentials of delegations to the conferences and shall report on its conclusions to the Plenary Meeting within the time specified by the latter.

472 4.3 Editorial Committee

473 (a) The texts prepared in the various committees which shall be worded as far as possible in their definitive form by these committees, taking account of the views expressed, shall be submitted to an editorial committee charged with perfecting their form without altering the sense and, where appropriate, with combining them with those parts of former texts which have not been altered.

474 (b) The texts shall be submitted by the editorial committee to the Plenary Meeting, which shall approve them, or refer them back to the appropriate committee for further examination.

475 4.4 Budget Control Committee

476 (a) At the opening of each conference or meeting, the Plenary Meeting shall appoint a budget control committee to determine the organisat
ion and the facilities available to the delegates, and to examine and approve the accounts for expenditure incurred throughout the duration of the conference or meeting. In addition to the members of delegations who wish to participate, this committee shall include a representative of the Secretary-General and, where there is an inviting government, a representative of that government.

477 (b) Before the budget approved by the Administrative Council for the conference or meeting is exhausted, the budget control committee, in collaboration with the secretariat of the conference or meeting, shall present an interim statement of the expenditure to the Plenary Meeting. The Plenary Meeting shall take this statement into account in considering whether the progress made is sufficient to justify a prolongation of the conference or meeting after the date when the approved budget will be exhausted.

478 (c) At the end of each conference or meeting, the budget control committee shall present a report to the Plenary Meeting showing, as accurately as possible, the estimated total expenditure of the conference or meeting, as well as an estimate of the costs that may be entailed by the execution of the decisions taken by such conference or meeting.

479 (d) After consideration and approval by the Plenary Meeting, this report, together with the observations of the Plenary Meeting, shall be transmitted to the Secretary-General for submission to the Administrative Council at its next annual session.

5. Composition of committees

480 5.1 Plenipotentiary conferences

481 Committees shall be composed of the delegates of Members and the observers referred to in Nos. 344, 345 and 346 who have so requested or who have been designated by the Plenary Meeting.

482 5.2 Administrative conferences

483 Committees shall be composed of the delegates of Members and the observers and representatives referred to in Nos. 354 to 358 who have so requested or who have been designated by the Plenary Meeting.

484 6. Chairmen and Vice-Chairmen of sub-committees

485 The Chairman of each committee shall propose to his committee the choice of the Chairmen and Vice-Chairmen of the sub-committees which may be set up.

7. Summons to meetings

486 Plenary Meetings and meetings of committees, sub-committees and working groups shall be announced in good time in the meeting place of the conference.

8. Proposals presented before the opening of the conference

487 Proposals presented before the opening of the conference shall be allocated by the Plenary Meeting to the appropriate committees appointed in accordance with Section 4 of these Rules of Procedure. Nevertheless, the Plenary Meeting itself shall be entitled to deal with any proposal.

9. Proposals or amendments presented during the conference

488 1. Proposals or amendments presented after the opening of the conference must be delivered to the Chairman of the conference or to the Chairman of the appropriate committee, as the case may be. They may also be handed to the secretariat of the conference for publication and distribution as conference documents.

489 2. No written proposal or amendment may be presented unless signed by the Head of the delegation concerned or by his deputy.

490 3. The Chairman of the conference or of a committee, a sub-committee or a working group may at any time submit proposals likely to accelerate the debates.

491 4. Every proposal or amendment shall give, in precise and exact terms, the text to be considered.

492 5. (1) The Chairman of the conference or the Chairman of the appropriate committee, sub-committee or working group shall decide in each case whether a proposal or amendment submitted during a meeting shall be made orally or presented in writing for publication and distribution in accordance with No. 488.

493 (2) In general, the texts of all major proposals to be put to the vote shall be distributed in good time in the working languages of the conference, in order that they may be studied before discussion.

494 (3) In addition, the Chairman of the conference, on receiving proposals or amendments referred to in No. 488, shall refer them to the appropriate committee or to the Plenary Meeting as the case may be.

495 6. Any authorised person may read, or may ask to have read, at a Plenary Meeting any proposal or amendment submitted by him during the conference, and he shall be allowed to explain his reasons therefor.

10. Conditions required for discussion of, and vote on, any proposal or amendment

496 1. No proposal or amendment submitted prior to the opening of the conference or by a delegation during the conference may be discussed unless it is supported by at least one other delegation when it comes to be considered.

497 2. Each proposal or amendment duly supported shall be submitted to a vote after discussion.

11. Proposals or amendments passed over or postponed

498 When a proposal or an amendment has been passed over or when its examination has been postponed, the delegation sponsoring it shall be responsible for seeing that it is considered later.

12. Rules for debates of the plenary meeting

499 12.1 Quorum

500 For a valid vote to be taken at a Plenary Meeting, more than half of the delegations accredited to the conference and having the right to vote must be present or represented at the meeting.

501 12.2 Order of debates

502 (1) Persons desiring to speak must first obtain the consent of the Chairman. As a general rule, they shall begin by announcing in what capacity they speak.

503 (2) Any person speaking must express himself slowly and distinctly, separating his words and pausing as necessary in order that everybody may understand his meaning.

504 12.3 Motions of order and points of order

505 (1) During debates, any delegation may when it thinks fit, submit a motion of order or raise a point of order, which shall at once be settled by the Chairman in accordance with these Rules of Procedure. Any delegation may appeal against the Chairman’s ruling, which shall however stand unless a majority of the delegations present and voting are against it.

506 (2) A delegation submitting a motion of order shall not. during its speech, discuss the substance of the matter in question.

507 12.4 Priority of motions of order and points of order

508 The motions and points of order mentioned in Nos. 505 and 506 shall be dealt with in the following order:

509 (a) any point of order regarding the application of these Rules of Procedure, including voting procedures;

510 (b) suspension of a meeting;

511 (c) adjournment of a meeting;

512 (d) postponement of debate on the
matter under discussion;

513 (e) closure of debate on the matter under discussion;

514 (f) any other motions of order or points of order that may be submitted, in which case it shall be for the Chairman to decide the relative order in which they shall be considered.

515 12.5 Motion for suspension or adjournment of a meeting

516 During the discussion of a question, a delegation may move that the meeting be suspended or adjourned, giving reasons for its proposal. If the proposal is seconded, the floor shall be given to two speakers to oppose the suspension or adjournment and solely for that purpose, after which the motion shall be put to the vote.

517 12.6 Motion for postponement of debate

518 During discussion of any question, a delegation may move that the debate be postponed for a stated period. Once such a proposal has been made, any discussion thereon shall be limited to no more than three speakers not counting the person submitting the proposal, one for the motion and two against, after which the motion shall be put to the vote.

519 12.7 Motion for closure of debate

520 A delegation may at any time move that discussions on the point at issue be closed. In such cases the floor shall be given to not more than two speakers opposing the motion, after which the motion shall be put to the vote. If the motion succeeds, the Chairman will immediately call for a vote on the point at issue.

521 12.8 Limitation of speeches

522 (1) The Plenary Meeting may, if necessary, decide how many speeches any one delegation may make on any particular point, and how long they may last.

523 (2) However, as regards questions of procedure, the Chairman shall limit the time allowed for a speech to a maximum of five minutes.

524 (3) When a speaker has exceeded the time allowed, the Chairman shall notify the Meeting and request the speaker to conclude his remarks briefly.

525 12.9 Closing the list of speakers

526 (1) During the debate, the Chairman may rule that the list of speakers wishing to take the floor be read. He shall add the names of other delegations who indicate that they wish to speak and he may then, with the assent of the Meeting, rule that the list be closed. Nevertheless, as an exceptional measure, the Chairman may rule, if he thinks fit, that a reply may be made to any previous statement, even after the list of speakers has been closed.

527 (2) The list of speakers having been exhausted, the Chairman shall declare discussion on the matter closed.

528 12.10 Questions of competence

529 Any question of competence that may arise shall be settled before a vote is taken on the substance of the matter under discussion.

530 12.11 Withdrawal and resubmission of a motion

531 The author of a motion may withdraw it before it is put to a vote. Any motion, whether it be amended or not, which has been withdrawn from debate may be resubmitted or taken up by the author of the amendment or by another delegation.

13. Right to Vote

532 1. At all meetings of the conference, the delegation of a Member of the Union duly accredited by that Member to take part in the work of the conference shall be entitled to one vote in accordance with Article 2.

533 2. The delegation of a Member of the Union shall exercise the right to vote under the conditions described in Article 67.

14. Voting

534 14.1 Definition of a majority

535 (1) A majority shall consist of more than half the delegations present and voting.

536 (2) In computing a majority, delegations abstaining shall not be taken into account.

537 (3) In case of a tie, a proposal or amendment shall be considered rejected.

538 (4) For the purpose of these Rules of Procedure, a “delegation present and voting” shall be a delegation voting for or against a proposal.

539 14.2 Non-participation in voting

540 Delegations which are present but do not take part in a particular vote or expressly state they do not wish to take part shall be considered neither as absent, for the purpose of determining a quorum as defined in No. 500, nor as abstaining for the purpose of No. 544.

541 14.3 Special majority

542 In cases concerning the admission of new Members of the Union, the majority described in Article 1 shall apply.

543 14.4 Abstentions of more than fifty per cent

544 When the number of abstentions exceeds half the number of votes cast (for, against, abstentions), consideration of the matter under discussion shall be postponed to a later meeting, at which time abstentions shall not be taken into account.

545 14.5 Voting procedures

546 (1) The voting procedures are as follows:

547 (a) by a show of hands as a general rule unless a roll call under (b) or secret ballot under (c) has been requested;

548 (b) by a roll call in the alphabetical order of the French names of the Members present and entitled to vote:

549 1. if at least two delegations, present and entitled to vote, so request before the beginning of the vote and if a secret ballot under (c) has not been requested, or

550 2. if the procedure under (a) shows no clear majority;

551 (c) by a secret ballot, if at least five of the delegations present and entitled to vote so request before the beginning of the vote.

552 (2) The Chairman shall, before commencing a vote, observe any request as to the manner in which the voting shall be conducted, and then shall formally announce the voting procedure to be applied and the issue to be submitted to the vote. He shall then declare the beginning of the vote. When the vote has been taken, he shall announce the results.

553 (3) In the case of a secret ballot, the secretariat shall at once take steps to ensure the secrecy of the vote.

554 (4) Voting may be conducted by an electronic system if a suitable system is available and if the conference so decides.

555 14.6 Prohibition of interruptions once the vote has begun

556 No delegation may interrupt once a vote has begun, unless to raise a point of order in connection with the way in which the vote is being taken. The point of order cannot include any proposal entailing a change in the vote that is being taken or a change in the substance of the question put to the vote. Voting shall begin with the Chairman’s announcement that the voting has begun and shall end with the Chairman’s announcement of its results.

557 14.7 Reasons for votes

558 The Chairman shall authorize any delegations which so request to give the reasons for their vote, after the vote has been taken.

559 14.8 Voting on parts of a proposal

560 (1) When the author of a proposal so requests, or when the meeting thinks fit, or when the Chairman, with the approval of the author, so proposes, that proposal shall be sub-divided and its various sections put to the vote separately. The parts of the proposal which have been adopted shall then be put to the vote as a whole.

561 (2) If all the sections of a proposal are rejected the proposal shall be regarded as rejected as a whole.

562 14.9 Order of voting on concurrent proposals

563 (1) When there are two or more proposals on any one matter, they shall be put to the vote in the order in which they were presented, unless the meeting decides to the contrary.

564 (2) After each vote, the meeting shall decide whether or not the following proposal shall be voted on.

565 14.10 Amendments

566 (1) Any proposal for modification consisting only of a deletion from, an addition to, or a change in, a part of the original proposal shall be considered an amendment.

567 (2) Any amendment to a proposal accepted by the delegation submitting the proposal shall at once be embodied in the original proposal.

568 (3) No proposal for modification shall be regarded as an amendment if the meeting considers it to be incompatible with the original proposal.

569 14.11 Voting on amendments

570 (1) When an amendment to a proposal is submitted, a vote shall first be taken on the amendment.

571 (2) When two or more amendments to a proposal are submitted, the amendment furthest from the original text shall be put to the vote first; if this amendment does not obtain the support of the majority, of the remaining amendments, that furthest from the proposal shall then be put to the vote and the same procedure shall be followed until a subsequent amendment gains the support of the majority; if all the amendments submitted have been considered and none has gained a majority, the unamended proposal shall be put to the vote.

572 (3) If one or more amendments are adopted, the proposal thus amended, shall then be put to the vote.

573 14.12 Repetition of a vote

574 (1) In the committees, sub-committees or working groups of a conference or a meeting, a proposal, a part of a proposal or an amendment which has already been decided by a vote within one of the committees, sub-committees or working groups may not be put to the vote again within the same committee, sub-committee or working group. This shall apply irrespective of the voting procedure chosen.

575 (2) In the Plenary Meetings a proposal, a part of a proposal or an amendment shall not be put to the vote again unless:

576 (a) the majority of the Members entitled to vote so request, and

577 (b) the request for a repetition of the vote is made at least one day after the vote has been taken.

15. Committees and Sub-Committees

Rules for Debates and Voting Procedures

578 1. The Chairmen of all committees and sub-committees shall have powers similar to those conferred by Section 3 of the present Rules of Procedure on the Chairman of the conference.

579 2. The provisions set forth in Section 12 of the present Rules of Procedure for the conduct of debates in the Plenary Meeting shall also apply to the discussions of committees and sub-committees, except in the matter of the quorum.

580 3. The provisions set forth in Section 14 shall also apply to votes taken in committees and sub-committees.

16. Reservations

581 1. As a general rule, any delegation whose views are not shared by the remaining delegations shall endeavour, as far as possible, to conform to the opinion of the majority.

582 2. However, if any decision appears to a delegation to be of such a nature as to prevent its government from ratifying the Convention or from approving the revision of the Regulations, the delegation may make reservations, final or provisional, regarding this decision.

17. Minutes of Plenary Meetings

583 1. The minutes of Plenary Meetings shall be drawn up by the secretariat of the conference, which shall ensure that they are distributed to delegations as early as possible, and in any event not later than five working days after each meeting.

584 2. After the minutes have been distributed, delegations may submit in writing to the secretariat of the conference the corrections they consider to be justified; this shall be done in the shortest possible time. This shall not prevent them from presenting amendments orally during the meeting at which the minutes are approved.

585 3. (1) As a general rule, the minutes shall contain only proposals and conclusions, together with the principal arguments for them presented in terms as concise as possible.

586 (2) However, any delegation shall have the right to require the insertion in the minutes, either summarised in full, of any statement it has made during the debates. In this case, the delegation should, as a general rule, announce this at the beginning of its statement in order to facilitate the work of the reporters and must itself hand in the text to the secretariat of the conference within two hours after the end of the meeting.

587 4. The right accorded in No. 586 regarding the insertion of statements in the minutes shall in all cases be used with discretion.

18. Summary Records and Reports of Committees and Sub-Committees

588 1. (1) Summary records of the debates of meetings of committees or sub-committees shall be drawn up, meeting by meeting, by the secretariat of the conference, which shall ensure that they are distributed to delegations not later than five working days after each meeting. The records shall bring out the essential points of the discussion, and the various opinions of which note ought to be taken, together with any proposals or conclusions resulting from the debates as a whole.

589 (2) Nevertheless, any delegation shall be entitled to invoke No. 586.

590 (3) The right referred to above shall in all circumstances be used with discretion.

591 2. Committees and sub-committees may prepare any interim reports they deem necessary and, if circumstances warrant, they may submit, at the end of their work, a final report recapitulating in concise terms the proposals and conclusions resulting from the studies entrusted to them.

19. Approval of Minutes, Summary Records and Reports

592 1. (1) As a general rule, at the beginning of each Plenary Meeting, or meeting of a committee, or sub-committee, the Chairman shall inquire whether there are any comments on the minutes of the previous meeting, or, in the case of committees or sub-committees, on the summary record of the previous meeting. These documents shall be considered approved if no amendments have been handed in to the secretariat and no objection is made orally. Otherw
ise, the appropriate amendments shall be made in the minutes or summary record as the case may be.

593 (2) Any interim or final report must be approved by the committee or sub-committee concerned.

594 2. (1) The minutes of the last Plenary Meetings shall be examined and approved by the Chairman.

595 (2) The summary records of the last meetings of each committee or sub-committee shall be examined and approved by the Chairman of the committee or sub-committee.

20. Numbering

596 1. The numbers of the chapters, articles and paragraphs of the texts subjected to revision shall be preserved until the first reading in Plenary Meeting. The passages added shall bear provisionally the number of the last paragraph in the original text, with the addition of “A”, “B”, etc.

597 2. The final numbering of the chapters, articles and paragraphs shall normally be entrusted to the Editorial Committee after their adoption at the first reading, but may, by a decision of the Plenary Meeting, be entrusted to the Secretary General.

21. Final approval

598 The texts of the Final Acts shall be considered final when they have been approved at the second reading in Plenary Meeting.

22. Signature

599 The final texts approved by the conference shall be submitted for signature, in the alphabetical order of the French names of their countries, to the delegates provided with the powers defined in Article 67.

23. Press notices

600 Official releases to the press about the work of the conference shall be issued only as authorized by the Chairman of the conference.

24. Franking privileges

601 During the conference, members of delegations, members of the Administrative Council, senior officials of the permanent organs of the Union attending the conference, and the staff of the secretariat of the Union seconded to the conference shall be entitled to postal, telegram, telephone and telex franking privileges to the extent arranged by the government of the country in which the conference is held in agreement with the other governments and recognized private operating agencies concerned.

CHAPTER XII

OTHER PROVISIONS

Article 78

Languages

602 1. (1) At conferences of the Union and at meetings of the Administrative Council and the International Consultative Committees, languages other than those mentioned in Nos. 120 and 127 may be used:

603 (a) if an application is made to the Secretary-General or to the Head of the permanent organ concerned to provide for the use of an additional language or languages, oral or written, provided that the additional cost so incurred shall be borne by those Members which have made or supported the application;

604 (b) if any delegation itself makes arrangements at its own expense for oral translation from its own language into any one of the languages referred to in No. 127.

605 (2) In the case provided for in No. 603, the Secretary-General or the Head of the permanent organ concerned shall comply to the extent practicable with the application, having first obtained from the Members concerned an undertaking that the cost incurred will be duly repaid by them to the Union.

606 (3) In the case provided for in No. 604, the delegation concerned may, furthermore, if it wishes, arrange at its own expense for oral translation into its own language from one of the languages referred to in No. 127.

607 2. Any of the documents referred to in Nos. 122 to 126 of the Convention may be published in languages other than those there specified, provided that the Members requesting such publication undertake to defray the whole of the cost of translation and publication involved.

Article 79

Finances

608 1. (1) At least six months before the Convention comes into force, each Member shall inform the Secretary-General of the class of contribution it has chosen.

609 (2) The Secretary-General shall communicate this decision to Members.

610 (3) Members who have failed to make known their decision in the time specified in No. 608 shall retain the class of contribution previously chosen.

611 (4) Members may at any time choose a class of contribution higher than the one already adopted by them.

612 2. (1) Every new Member shall, in respect of the year of its accession, pay a contribution calculated as from the first day of the month of accession.

613 (2) Should the Convention be denounced by a Member, its contribution shall be paid up to the last day of the month in which such denunciation takes effect.

614 3. The amounts due shall bear interest from the beginning of each financial year of the Union at 3% (three per cent) per annum during the first six months, and at 6% (six per cent) per annum from the beginning of the seventh month.

615 4. The following provisions shall apply to contributions by recognized private operating agencies, scientific or industrial organizations and international organizations.

616 (a) Recognized private operating agencies and scientific or industrial organisations shall share in defraying the expenses of the International Consultative Committees in the work of which they have agreed to participate. Recognized private operating agencies shall likewise share in defraying the expenses of the administrative conferences in which they have agreed to participate, or have participated, in accordance with No. 358;

617 (b) International organizations shall also share in defraying the expenses of the conferences or meetings in which they have been allowed to participate, unless they are exempted by the Administrative Council, subject to reciprocity;

618 (c) Recognized private operating agencies, scientific or industrial organizations and international organizations which share in defraying the expenses of conferences or meetings in accordance with Nos. 616 and 617, shall freely choose from the scale in No. 111 of the Convention their class of contribution for defraying Union expenses, with the exception of the 1/4 or 1/8 unit classes reserved for Members of the Union, and shall inform the Secretary-General of the class chosen;

619 (d) Recognized private operating agencies, scientific or industrial organisations and international organizations which share in defraying the expenses of conferences or meetings may at any time choose a class of contribution higher than the one already adopted by them;

620 (e) No reduction in the number of contributory units shall take effect during the life of the Convention;

621 (f) In the case of denunciation of participation in the work of an International Consultative Committee, the contribution shall be paid up to the last day of the month in which such denunciation takes effect;

622 (g) The amount of the contribution per unit payable by rec
ognized private operating agencies and scientific or industrial organizations or international organizations towards the expenses of the International Consultative Committees in the work of which they have agreed to participate shall be fixed at 1/5 of the contributory unit of Members of the Union. These contributions shall be considered as Union income. They shall bear interest in accordance with the provisions of No. 614;

623 (h) The amount of the contribution per unit payable towards the expenses of administrative conferences by recognised private operating agencies which participate in accordance with No. 358 and by participating international organizations shall be fixed by dividing the total amount of the budget of the conference in question by the total number of units contributed by Members as their share of Union expenses. The contributions shall be considered as Union income. They shall bear interest from the sixtieth day following the day on which accounts are sent out, at the rates fixed in No. 614.

624 5. Expenses incurred by laboratories and technical installations of the Union in measurements, testing, or special research for individual Members, groups of Members, or regional organizations or others, shall be borne by those Members, groups, organizations or others.

625 6. The sale price of publications sold to administrations, recognized private operating agencies or individuals shall be determined by the Secretary-General, in collaboration with the Administrative Council, bearing in mind that the cost of reproduction and distribution should, in general, be covered by the sale of the publications.

626 7. The Union shall maintain a reserve account in order to provide working capital to meet essential expenditures and to maintain sufficient cash reserves to avoid resorting to loans as far as possible. The amount of the reserve account shall be fixed annually by the Administrative Council on the basis of expected requirements. At the end of each financial year all budget credits which have not been expended or encumbered will be placed in the reserve account. Other details of this account are described in the Financial Regulations.

Article 80

Financial responsibilities of administrative conferences and plenary assemblies of the CCIs

627 1. Before adopting proposals with financial implications, administrative conferences and the Plenary Assemblies of the International Consultative Committees shall take account of all the Union’s budgetary provisions with a view to ensuring that these proposals will not result in expenses beyond the credits which the Administrative Council is empowered to authorize.

628 2. No decision of an administrative conference or of a Plenary Assembly of an International Consultative Committee shall be put into effect if it will result in a direct or indirect increase in the expenses beyond the credits that the Administrative Council is empowered to authorize.

Article 81

Rendering and settlement of accounts

629 1. Administrations of Members and recognized private operating agencies which operate international telecommunication services, shall come to an agreement with regard to the amount of their credits and debits.

630 2. The statement of accounts with respect to debits and credits referred to in No. 629 shall be drawn up in accordance with the provisions of the Administrative Regulations, unless special arrangements have been concluded between the parties concerned.

Article 82

Arbitration: Procedure (see Article 50)

631 1. The party which appeals to arbitration shall initiate the arbitration procedure by transmitting to the other party to the dispute a notice of the submission of the dispute to arbitration.

632 2. The parties shall decide by agreement whether the arbitration is to be entrusted to individuals, administrations or governments. If within one month after notice of submission of the dispute to arbitration, the parties have been unable to agree upon this point, the arbitration shall be entrusted to governments

633 3. If arbitration is to be entrusted to individuals, the arbitrators must neither be nationals of the parties involved in the dispute, nor have their domicile in the countries parties to the dispute, nor be employed in their service.

634 4. If arbitration is to be entrusted to governments, or to administrations thereof, these must be chosen from among the Members which are not parties to the dispute, but which are parties to the agreement, the application of which caused the dispute.

635 5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator.

636 6. If more than two parties are involved in the dispute, an arbitrator shall be appointed in accordance with the procedure set forth in Nos. 634 and 635, by each of the two groups of parties having a common position in the dispute.

637 7. The two arbitrators thus appointed shall choose a third arbitrator who, if the first two arbitrators are individuals and not governments or administrations, must fulfil the conditions indicated in No. 633, and in addition must not be of the same nationality as either of the other two arbitrators. Failing an agreement between the two arbitrators as to the choice of a third arbitrator, each of these two arbitrators shall nominate a third arbitrator who is in no way concerned in the dispute. The Secretary-General shall then draw lots in order to select the third arbitrator.

638 8. The parties to the dispute may agree to have their dispute settled by a single arbitrator appointed by agreement; or alternatively, each party may nominate an arbitrator, and request the Secretary-General to draw lots to decide which of the persons so nominated is to act as the single arbitrator.

639 9. The arbitrator or arbitrators shall be free to decide upon the procedure to be followed.

640 10. The decision of the single arbitrator shall be final and binding upon the parties to the dispute. If the arbitration is entrusted to more than one arbitrator, the decision made by the majority vote of the arbitrators shall be final and binding upon the parties.

641 11. Each party shall bear the expense it shall have incurred in the investigation and presentation of the arbitration. The costs of arbitration other than those incurred by the parties themselves shall be divided equally between the parties to the dispute.

642 12. The Union shall furnish all information relating to the dispute which the arbitrator or arbitrators may need.

CHAPTER XIII

ADMINISTRATIVE REGULATIONS

Article 83

Administrative Regulations

643 The provisions of the Convention are complemented by the following Administrative Regulations:

– Telegraph Regulations,

– Telephone Regulations,

– Radio Regulations.

IN WITNESS WHEREOF the respe
ctive plenipotentiaries have signed the Convention in each of the Chinese, English, French, Russian and Spanish languages, in a single copy in which, in case of dispute, the French text shall prevail, and which shall remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatory countries.

DONE at Nairobi, on 6 November 1982.

[Signatures not reproduced here.]

ANNEX 1 (see No. 3)

Afghanistan (Democratic Republic of)

Albania (Socialist People’s Republic of)

Algeria (People’s Democratic Republic of)

Angola (People’s Republic of)

Argentine Republic

Australia

Austria

Bahamas (Commonwealth of the)

Bahrain (State of)

Bangladesh (People’s Republic of)

Barbados

Belgium

Belize

Benin (People’s Republic of)

Bolivia (Republic of)

Botswana (Republic of)

Brazil (Federative Republic of)

Bulgaria (People’s Republic of)

Burma (Socialist Republic of the Union of)

Burundi (Republic of)

Byelorussian Soviet Socialist Republic

Cameroon (United Republic of)

Canada

Cape Verde (Republic of)

Central African Republic

Chad (Republic of)

Chile

China (People’s Republic of)

Colombia (Republic of)

Comoros (Islamic Federal Republic of the)

Congo (People’s Republic of the)

Costa Rica

Cuba

Cyprus (Republic of)

Czechoslovak Socialist Republic

Democratic Kampuchea

Democratic People’s Republic of Korea

Denmark

Djibouti (Republic of)

Dominican Republic

Ecuador

Egypt (Arab Republic of)

El Savador (Republic of)

Equatorial Guinea (Republic of)

Ethiopia

Fiji

Finland

France

Gabonese Republic

Gambia (Republic of the)

German Democratic Republic

Germany (Federal Republic of)

Ghana

Greece

Grenada

Guatemala (Republic of)

Guinea-Bissau (Republic of)

Guinea (Revolutionary People’s Republic of)

Guyana

Haiti (Republic of)

Honduras (Republic of)

Hungarian People’s Republic

Iceland

India (Republic of)

Indonesia (Republic of)

Iran (Islamic Republic of)

Iraq (Republic of)

Ireland

Israel (State of)

Italy

Ivory Coast (Republic of the)

Jamaica

Japan

Jordan (Hashemite Kingdom of)

Kenya (Republic of)

Korea (Republic of)

Kuwait (State of)

Lao People’s Democratic Republic

Lebanon

Lesotho (Kingdom of)

Liberia (Republic of)

Libya (Socialist People’s Libyan Arab Jamahiriya)

Liechtenstein (Principality of)

Luxembourg

Madagascar (Democratic Republic of)

Maldives (Republic of)

Malawi

Malaysia

Mali (Republic of)

Malta (Republic of)

Mauritania (Islamic Republic of)

Mauritius

Mexico

Monaco

Mongolian People’s Republic

Morocco (Kingdom of)

Mozambique (People’s Republic of)

Namibia

Nauru (Republic of)

Nepal

Netherlands (Kingdom of the)

New Zealand

Nicaragua

Niger (Republic of the)

Nigeria (Federal Republic of)

Norway

Oman (Sultanate of)

Pakistan (Islamic Republic of)

Panama (Republic of)

Papua New Guinea

Paraguay (Republic of)

Peru

Philippines (Republic of the)

Poland (People’s Republic of)

Portugal

Qatar (State of)

Romania (Socialist Republic of)

Rwandese Republic

San Marino (Republic of)

Sao Tome and Principe (Democratic Republic of)

Saudi Arabia (Kingdom of)

Senegal (Republic of)

Sierra Leone

Singapore (Republic of)

Somali Democratic Republic

South Africa (Republic of)

Spain

Sri Lanka (Democratic Socialist Republic of)

Sudan (Democratic Republic of the)

Suriname (Republic of)

Swaziland (Kingdom of)

Sweden

Switzerland (Confederation of)

Syrian Arab Republic

Tanzania (United Republic of)

Thailand

Togolese Republic

Tonga (Kingdom of)

Trinidad and Tobago

Tunisia

Turkey

Uganda (Republic of)

Ukrainian Soviet Socialist Republic

Union of Soviet Socialist Republics

United Arab Emirates

United Kingdom of Great Britain and Northern Ireland

United States of America

Upper Volta (Republic of the)

Uruguay (Eastern Republic of)

Vatican City State

Venezuela (Republic of)

Viet Nam (Socialist Republic of)

Yemen Arab Republic

Yemen (People’s Democratic Republic of)

Yugoslavia (Socialist Federal Republic of)

Zaire (Republic of)

Zambia (Republic of)

Zimbabwe (Republic of)

ANNEX 2

DEFINITION OF CERTAIN TERMS USED IN THE CONVENTION AND IN THE REGULATIONS OF THE INTERNATIONAL TELECOMMUNICATION UNION

Note by the General Secretariat:

The definitions are ranged in the French alphabetical order. To facilitate consultation, they are shown hereunder in their English alphabetical order with the reference number against.

– Administration – 2002

– Broadcasting Service – 2012

– Delegate – 2006

– Delegation – 2005

– Expert – 2007

– Government Telegrams and Government Telephone Calls – 2018

– Harmful Interference – 2003

– International Service – 2013

– Mobile Service – 2014

– Observer – 2010

– Private Operating Agency – 2008

– Private Telegrams – 2019

– Public Correspondence – 2004

– Radiocommunication – 2011

– Recognized Private Operating Agency – 2009

– Service Telegrams – 2017

– Telecommunication – 2015

– Telegram – 2016

– Telegraphy – 2020

– Telephony – 2021

DEFINITION OF CERTAIN TERMS USED IN THE CONVENTION AND IN THE REGULATIONS OF THE INTERNATIONAL TELECOMMUNICATION UNION

2001 For the purpose of this Convention, the following terms shall have the meanings defined below.

2002 Administration: Any governmental department or service responsible for discharging the obligations undertaken in the International Telecommunication Convention and the Regulations.

2003 Harmful Interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations.

2004 Public Correspondence: Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission.

2005 Delegation: The totality of the delegates and, should the case arise, any representatives, advisers, attachés, or interpreters sent by the same country.

Each Member shall be free to make up its delegation as it wishes. In particular, it may include in its delegation in the capacity of delegates, advisers or attachés, persons belonging to private operating agencies which it recognizes or persons belonging to other private enterprises interested in telecommunications.

2006 Delegate: A person sent by the government of a Member of the Union to a Plenipotentiary Conference, or a person representing a government or an administration of a Member of the Union at an administrative conference, or at a meeting of an International Consultative Committee.

2007 Expert: A person sent by a national scientific or industrial organization which is authorized by the government or the administration of its country to attend meetings of study groups of an International Consultative Committee.

2008 Private Operating Agency: Any individual or company or corporation, other than a governmental establishment or agency, which operates a telecommunication installation intended for an international telecommunication service or capable of causing harmful interference with such a service.

2009 Recognized Private Operating Agency: Any private operating agency, as defined above, which operates a public correspondence or broadcasting service and upon which the obligations provided for in Article 44 of the Convention are imposed by the Member in whose territory the head office of the agency is situated, or by the Member which has authorized this operating agency to establish and operate a telecommunication service on its territory.

2010 Observer: A person sent by:

– the United Nations, a specialized agency of the United Nations, the International Atomic Energy or a regional telecommunication organization to participate in a Plenipotentiary Conference, an administrative conference or a meeting of an International Consultative Committee in an advisory capacity;

– an international organization to participate in an administrative conference or a meeting of an International Consultative Committee in an advisory capacity;

– the government of a Member of the Union to participate in a non-voting capacity in a regional administrative conference;

in accordance with the relevant provisions of the Convention.

2011 Radiocommunication: Telecommunication by means of radio waves.

Note 1: Radio waves are electromagnetic waves of frequencies arbitrarily lower than 3000 GHz, propagated in space without artificial guide.

Note 2: For the requirements of No. 83 of the Convention the term “radiocommunication” also includes telecommunications using electromagnetic waves of frequencies above 3000 GHz, propagated in space without artificial guide.

2012 Broadcasting Service: A radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission.

2013 International Service: A telecommunication service between telecommunication offices or stations of any nature which are in
or belong to different countries.

2014 Mobile Service: A radiocommunication service between mobile and land stations, or between mobile stations.

2015 Telecommunication: Any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.

2016 Telegram: Written matter intended to be transmitted by telegraphy for delivery to the addressee. This term also includes radiotelegrams unless otherwise specified.

2017 Service Telegrams: Telegrams exchanged between:

(a) administrations;

(b) recognized private operating agencies;

(c) administrations and recognized private operating agencies;

(d) administrations and recognized private operating agencies, on the one hand, and the Secretary-General of the Union, on the other

and relating to public international telecommunication.

2018 Government Telegrams and Government Telephone Calls: Telegrams or telephone calls originating with any of the authorities specified below:

– the Head of a State;

– the Head of a government and members of a government;

– Commanders-in-Chief of military forces, land, sea or air;

– diplomatic or consular agents;

– the Secretary-General of the United Nations; Heads of the principal organs of the United Nations;

– the International Court of Justice.

Replies to government telegrams as defined herein shall also be regarded as government telegrams.

2019 Private Telegrams: Telegrams other than government or service telegrams.

2020 Telegraphy: A form of telecommunication in which the transmitted information is intended to be recorded on arrival as a graphic document; the transmitted information may sometimes be presented in an alternative form or may be stored for subsequent use.

Note: A graphic document records information in a permanent form and is capable of being filed and consulted; it may take the form of written or printed matter or of a fixed image.

2021 Telephony: A form of telecommunications primarily intended for the exchange of information in the form of speech.

ANNEX 3 (see Article 39)

AGREEMENT BETWEEN THE UNITED NATIONS AND THE INTERNATIONAL TELECOMMUNICATION UNION

Preamble

In consideration of the provisions of Article 57 of the Charter of the United Nations and of Article 26 of the Convention of the International Telecommunication Union of Atlantic City 1947, the United Nations and the International Telecommunication Union agree as follows:

Article I

The United Nations recognizes the International Telecommunication Union (hereinafter called “the Union”) as the specialized agency responsible for taking such action as may be appropriate under its basic instrument for the accomplishment of the purposes set forth therein.

Article II

Reciprocal representation

1. The United Nations shall be invited to send representatives to participate, without vote, in the deliberations of all the Plenipotentiary and Administrative Conferences of the Union. It shall also, after appropriate consultation, be invited to send representatives to attend international consultative committees or any other meetings convened by the Union with the right to participate without vote in the discussions of items of interest to the United Nations.

2. The Union shall be invited to send representatives to attend meetings of the General Assembly of the United Nations for the purposes of consultation on telecommunication matters.

3. The Union shall be invited to send representatives to be present at the meetings of the Economic and Social Council of the United Nations and of the Trusteeship Council and of their commissions or committees, and to participate, without vote, in the deliberations thereof with respect to items on the agenda in which the Union may be concerned.

4. The Union shall be invited to send representatives to attend meetings of the main committees of the General Assembly when matters within the competence of the Union are under discussion and to participate, without vote, in such discussions.

5. Written statements presented by the Union shall be distributed by the Secretariat of the United Nations to the Members of the General Assembly, the Economic and Social Council and its commissions, and the Trusteeship Council as appropriate. Similarly, written statements presented by the United Nations shall be distributed by the Union to its Members.

Article III

Proposal of agenda items

After such preliminary consultation as may be necessary, the Union shall include on the agenda of Plenipotentiary or Administrative Conferences or meetings of other organs of the Union, items proposed to it by the United Nations. Similarly, the Economic and Social Council and its commissions and the Trusteeship Council shall include on their agenda items proposed by the Conferences or other organs of the Union.

Article IV

Recommendations of the United Nations

1. The Union, having regard to the obligation of the United Nations to promote the objectives set forth in Article 55 of the Charter and the function and power of the Economic and Social Council under Article 62 of the Charter to make or initiate studies and reports with respect to international economic, social, cultural, educational, health and related matters and to make recommendations concerning these matters to the specialized agencies concerned and having regard also to the responsibility of the United Nations, under Articles 58 and 63 of the Charter, to make recommendations for the co-ordination of the policies and activities of such specialized agencies, agrees to arrange for the submission, as soon as possible, to its appropriate organ for such action as may seem proper of all formal recommendations which the United Nations may make to it.

2. The Union agrees to enter into consultation with the United Nations upon request with respect to such recommendations, and in due course, to report to the United Nations on the action taken by the Union or by its Members to give effect to such recommendations or on the other results of their consideration.

3. The Union will co-operate in whatever further measures may be necessary to make co-ordination of the activities of specialized agencies and those of the United Nations fully effective. In particular, it agrees to co-operate with any body or bodies which the Economic and Social Council may establish for the purposes of facilitating such co-ordination and to furnish such information as may be required for the carrying out of this purpose.

Article V

Exch
ange of information and documents

1. Subject to such arrangements as may be necessary for the safeguarding of confidential material, the fullest and promptest exchange of appropriate information and documents shall be made between the United Nations and the Union to meet the requirements of each.

2. Without prejudice to the generality of the provisions of the preceding paragraph:

(a) the Union shall submit to the United Nations an annual report on its activities;

(b) the Union shall comply to the fullest extent practicable with any request which the United Nations may make for the furnishing of special reports, studies or information;

(c) the Secretary-General of the United Nations shall, upon request, consult with the appropriate authority of the Union with a view to providing to the Union such information as may be of special interest to it.

Article VI

Assistance to the United Nations

The Union agrees to co-operate with and to render all possible assistance to the United Nations, its principal and subsidiary organs, in accordance with the United Nations Charter and the International Telecommunication Convention, taking fully into account the particular position of the individual Members of the Union who are not Members of the United Nations.

Article VII

Relations with the International Court of Justice

1. The Union agrees to furnish any information which may be requested by the International Court of Justice in pursuance of Article 34 of the Statute of the Court.

2. The General Assembly authorizes the Union to request advisory opinions of the International Court of Justice on legal questions arising within the scope of its competence other than questions concerning the mutual relationships of the Union and the United Nations or other specialized agencies.

3. Such request may be addressed to the Court by the Plenipotentiary Conference or the Administrative Council acting in pursuance of an authorization by the Plenipotentiary Conference.

4. When requesting the International Court of Justice to give an advisory opinion the Union shall inform the Economic and Social Council of the request.

Article VIII

Personnel arrangements

1. The United Nations and the Union agree to develop as far as practicable common personnel standards, methods and arrangements designed to avoid serious discrepancies in terms and conditions of employment, to avoid competition in recruitment of personnel, and to facilitate any mutually desirable interchange of personnel in order to obtain the maximum benefit from their services.

2. The United Nations and the Union agree to co-operate to the fullest extent possible in achieving these ends.

Article IX

Statistical services

1. The United Nations and the Union agree to strive for maximum co-operation, the elimination of all undesirable duplication between them, and the most efficient use of their technical personnel in their respective collection, analysis, publication, standardization, improvement and dissemination of statistical information. They agree to combine their efforts to secure the greatest possible usefulness and utilisation of statistical information and to minimise the burdens placed upon national governments and other organizations from which such information may be collected.

2. The Union recognizes the United Nations as the central agency for the collection, analysis, publication, standardization, improvement and dissemination of statistics serving the general purposes of international organizations.

3. The United Nations recognizes the Union as the central agency responsible for the collection, analysis, publication, standardization, improvement and dissemination of statistics within its special sphere, without prejudice to the rights of the United Nations to concern itself with such statistics so far as they may be essential for its own purposes or for the improvement of statistics throughout the world. All decisions as to the form in which its service documents are compiled rest with the Union.

4. In order to build up a central collection of statistical information for general use, it is agreed that data supplied to the Union for incorporation in its basic statistical series or special reports should so far as practicable be made available to the United Nations upon request.

5. It is agreed that data supplied to the United Nations for incorporation in its basic statistical series or special reports should so far as practicable and appropriate be made available to the Union upon request.

Article X

Administrative and technical services

1. The United Nations and the Union recognize the desirability in the interests of the most efficient use of personnel and resources, of avoiding, whenever possible, the establishment of competitive or overlapping services, and when necessary to consult thereon to achieve these ends.

2. Arrangements shall be made between the United Nations and the Union in regard to the registration and deposit of official documents.

Article XI

Budgetary and financial arrangements

1. The budget or the proposed budget of the Union shall be transmitted to the United Nations at the same time as such budget is transmitted to the Members of the Union and the General Assembly may make recommendations thereon to the Union.

2. The Union shall be entitled to send representatives to participate, without vote, in the deliberations of the General Assembly or any committee thereof at all times when the budget of the Union is under consideration.

Article XII

Financing of special services

1. In the event of the Union being faced with the necessity of incurring substantial extra expense as a result of any request which the United Nations may make for special reports, studies or assistance in accordance with Article VI or with any other provisions of this agreement, consultation shall take place with a view to determining the most equitable manner in which such expense shall be borne.

2. Consultation between the United Nations and the Union shall similarly take place with a view to making such arrangements as may be found equitable for covering the costs of central administrative, technical or fiscal services or facilities or other special assistance requested by the Union and provided by the United Nations.

Article XIII

United Nations laissez-passer

Officials of the Union shall have the right to use the laissez-passer of the United Nations in accordance with special arrangements to be negotiated between the Secretary-General of the United Nations and the competent authorities of the Union.

Article XIV

Inter-agency agreements

1. The Un
ion agrees to inform the Economic and Social Council of the nature and scope of any formal agreement contemplated between the Union and any other specialized agency or other inter-governmental organization or international non-governmental organization, and further will inform the Economic and Social Council of the details of any such agreement, when concluded.

2. The United Nations agrees to inform the Union of the nature and scope of any formal agreement contemplated by any other specialized agencies of matters which might be of concern to the Union and further will inform the Union of the details of any such agreement, when concluded.

Article XV

Liaison

1. The United Nations and the Union agree to the foregoing provisions in the belief that they will contribute to the maintenance of effective liaison between the two organizations. They affirm their intention of taking whatever measures may be necessary to this end.

2. The liaison arrangements provided for in this agreement shall apply, as far as appropriate, to the relations between the Union and the United Nations, including its branch and regional offices.

Article XVI

United Nations telecommunication services

1. The Union recognizes that it is important that the United Nations shall benefit by the same rights as the Members of the Union for operating telecommunication services.

2. The United Nations undertakes to operate the telecommunication services under its control in accordance with the terms of the International Telecommunication Convention and the regulations annexed thereto.

3. The precise arrangements for implementing this article shall be dealt with separately.

Article XVII

Implementation of agreement

The Secretary-General of the United Nations and the appropriate authority of the Union may enter into such supplementary arrangements for the implementation of this agreement as may be found desirable.

Article XVIII

Revision

On six months’ notice given on either part, this agreement shall be subject to revision by agreement between the United Nations and the Union.

Article XIX

Entry into force

1. This agreement will come into force provisionally after approval by the General Assembly of the United Nations and the Plenipotentiary Telecommunication Conference at Atlantic City in 1947.

2. Subject to the aforementioned approvals, the agreement will formally enter into force at the same time as the International Telecommunication Convention concluded at Atlantic City in 1947 or at some earlier date as may be arranged for by a decision of the Union.

FINAL PROTOCOL(*)

to the International Telecommunication Convention (Nairobi, 1982)

At the time of signing the International Telecommunication Convention (Nairobi, 1982), the undersigned plenipotentiaries take note of the following statements forming part of the Final Acts of the Plenipotentiary Conference (Nairobi, 1982):

1

For the Revolutionary People’s Republic of Guinea:

The Delegation of the Revolutionary People’s Republic of Guinea reserves for its Government the right to take such action as it may consider necessary to safeguard its interests should any members of the Union not share in defraying the expenses of the Union, or should they fail in any other way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication services.

2

For France:

The French Delegation reserves for its Government the right to take such action as it may consider necessary to safeguard its interests should any Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication services.

3

For Thailand:

The Delegation of Thailand reserves the right of its Government to take any action that it deems necessary to safeguard its interests should any country fail, in any way, to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or should reservations made by any country jeopardize its telecommunication services or lead to an increase in its share towards defraying the expenses of the Union.

4

For the Islamic Republic of Mauritania:

The Delegation of the Government of the Islamic Republic of Mauritania to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves for its Government the right not to accept any financial measure which might lead to an increase in its contributory share in defraying Union expenses, and to take action it deems necessary to protect its telecommunication services should any Member fail to observe the provisions of the International Telecommunication Convention (Nairobi, 1982).

5

For the People’s Democractic Republic of Algeria:

The Delegation of the People’s Democratic Republic of Algeria to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves for its Government the right to take such action as it may consider necessary to protect its interests, should any Members fail in any way to observe the provisions of the International Telecommunication Convention (Nairobi, 1982), or should the reservations made by other Members jeopardize its telecommunication services or lead to an increase in Algeria’s share in defraying the expenses of the Union.

6

For Malaysia:

The Delegation of Malaysia hereby:

1. reserves for its Government the right to take such action as it may deem necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should any Member fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication Services;

2. declares that the signature, and possible subsequent ratification by the Government of Malaysia of the said Convention, is not valid with respect to the Member appearing in Annex I under the name of Israel, and in no way implies its recognition.

7

For Monaco:

The Delegation of the Principality of Monaco reserves for its Government the right to take such action as it may consider necessary to safegu
ard its interests, should any Members not share in defraying the expenses of the Union, or should they fail to comply with the provisions of the Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other Members jeopardize the smooth and efficient operation of its telecommunication services.

8

For the Federal Republic of Nigeria:

In signing this Convention, the Delegation of the Federal Republic of Nigeria hereby declares that its Government reserves the right to take any action which it considers necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries endanger in any way the telecommunication services of the Federal Republic of Nigeria.

9

For the Confederation of Switzerland and the Principality of Liechtenstein:

1. The Delegations of the above-mentioned countries reserve for their Governments the right to take the necessary action to safeguard their interests should any reservations made or other measures adopted have the effect of jeopardizing their telecommunication services or lead to an increase in their contributory shares in defraying Union expenses.

2. The Delegations of the above-mentioned countries formally declare with regard to Article 83 of the International Telecommunication Convention (Nairobi, 1982) that they maintain the reservations made on behalf of their Administrations when signing the Regulations mentioned in Article 83.

10

For the Argentine Republic:

1. In signing this Convention, the Delegation of the Argentine Republic states on behalf of its Government that any reference made in the Final Protocol of the International Telecommunication Convention (Nairobi, 1982), or in any other document of the Conference, to the Malvinas Islands, the South Georgia Islands and the South Sandwich Islands under the erroneous denomination of “Falkland Islands and Dependencies” in no way prejudices the sovereign rights of the Argentine Republic over these Islands.

2. Their occupation by the United Kingdom of Great Britain and Northern Ireland as the result of an act of force never accepted by the Argentine Republic led the United Nations in General Assembly Resolutions 2065(XX), 3160(XXVIII) and 31/49 to call on both parties to seek a peaceful solution to the dispute concerning sovereignty over the islands and to urge them to hold negotiations with a view to putting an end to the colonial situation.

3. It must also be made clear that any reference in these documents to the so-called “British Antarctic Territories” in no way prejudices the rights of the Argentine Republic in the Argentine Antarctic Sector and that the same point is made in Article IV of the Antarctic Treaty signed in Washington on 1 December 1959, to which the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are signatories.

11

For the Republic of the Philippines:

The Delegation of the Republic of the Philippines reserves for its Government the right to take such action as may be necessary to safeguard its interests should certain Members fail to share the expenses of the Union and thereby cause an increase in its contribution or should they fail in any other way to comply with the requirements of the International Telecommunication Union Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations made by other countries adversely affect the interest of the Philippines.

12

For Barbados:

The Delegation of Barbados reserves for its Government the right to take such action as it may consider necessary to safeguard its interests, should any Member or Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other Members jeopardize the telecommunication services of Barbados.

13

For the Republic of Venezuela:

The Delegation of the Republic of Venezuela reserves for its Government the right to take such action as it may consider necessary to safeguard its interests, should any other present or future Members not share in defraying the expenses of the Union, or should they fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other Members jeopardize the efficient operation of its telecommunication services. Furthermore, it is the policy of the Government of Venezuela in international affairs not to accept arbitration as a means of settling disputes. It therefore expresses reservations with respect to all Articles of the International Telecommunication Convention (Nairobi, 1982) related thereto.

14

For the Socialist Republic of Romania:

In signing the International Telecommunication Convention (Nairobi, 1982) the Romanian Delegation declares that the maintenance of certain territories in a state of dependence, as referred to in the provisions of Additional Protocol III, is not in conformity with the documents adopted by the United Nations on the granting of independence to colonial countries and peoples, including the Declaration relating to the principles of international law concerning friendly relations and cooperation between States in accordance with the United Nations Charter, which was unanimously adopted in United Nations General Assembly Resolution 2625(XXV) of 24 October 1970 and which solemnly proclaims the obligation of States to promote the implementation of the principle of the equality of rights of peoples and their right to self-determination, with a view to putting a speedy end to colonialism.

15

For the Socialist Republic of Romania:

In signing the Final Acts of the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) the Delegation of the Socialist Republic of Romania reserves for the Romanian Government the right:

1. to take any measures it deems necessary regarding the financial consequences that might arise from the Final Acts of the Conference or from the reservations made by other Member States, including those involving an increase in its contributory share in defraying the expenses of the Union;

2. to make any statement or reservation until the time of ratification of the International Telecommunication Convention (Nairobi, 1982).

16

For the Rwandese Republic:

The Delegation of the Rwandese Republic to the Conference reserves for its Government the right to take any action necessary to safeguard its interests:

– should any Member not share in defraying the expenses
of the Union thereby causing an increase in the contributory shares of the other Member countries;

– should any Member fail in any way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto; or

– should reservations by other administrations jeopardize the proper operation of its telecommunication services.

17

For Italy:

The Delegation of Italy declares that the Government of Italy cannot accept any financial consequences that might arise as a result of reservations made by other Governments taking part in the Plenipotentiary Conference (Nairobi, 1982).

It also reserves for its Government the right to take any action it deems necessary to safeguard its interests should Members in any way fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982) or should reservations by other countries jeopardize its telecommunication services.

18

For the Republic of Guatemala:

The Delegation of the Republic of Guatemala to the Plenipotentiary Conference (Nairobi, 1982):

1. reserves for its Government the right to take such action as it may consider necessary and sufficient to safeguard its interests, should other Members fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should any reservation by other Members jeopardize its telecommunication services;

2. reserve for its Government the right to make any declaration or reservation until such time as it ratifies the Convention (Nairobi, 1982).

19

For the Central African Republic:

The Delegation of the Central African Republic to the Plenipotentiary Conference (Nairobi, 1982) declares that its Government reserves the right to take all necessary action to safeguard its interests should any Members of the Union fail to observe the provisions of this International Telecommunication Convention or make any abnormal reservations which might lead to an increase in the contributory shares of the Central African Republic in defraying the expenses of the Union.

20

(This number has not been used.)

21

For Malawi:

In signing this Convention, the Delegation of Malawi reserves for its Government the right to take such action as it may deem necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the provisions of this Convention, or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunications services.

22

For the People’s Republic of Bangladesh:

The Delegation of the People’s Republic of Bangladesh reserves the right of its Government to take any action it may deem necessary to safeguard its interests:

1. if reservations made by other governments, Members of the Union, result in an increase in its contributory share in defraying the expenses of the Union;

2. should any Member in any way fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), its Annexes or the Protocols attached thereto; or

3. should reservations made by other Members tend to jeopardize the operation of its own telecommunication services.

23

For the People’s Republic of the Congo:

1. In signing the Final Protocol of the International Telecommunication Union (Nairobi, 1982), the Delegation of the People’s Republic of the Congo reserves for its Government the right to take such action as it considers necessary to safeguard its interests, should any Members fail in any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or should reservations by other Members jeopardize its telecommunication services.

2. Furthermore, the Delegation of the People’s Republic of the Congo reserves for its Government the right not to accept any financial measure which may lead to an increase in its contributory share in defraying the expenses of the Union.

24

For the Republic of Iraq:

The Delegation of the Republic of Iraq declares that its Government reserves the right to take such action as it may consider necessary to protect its interests, should a Member fail in any way to observe the provisions of the International Telecommunication Convention (Nairobi, 1982), or should the reservations made by such Member jeopardize its telecommunication services or lead to an increase in Iraq’s share in defraying the expenses of the Union.

25

For Lebanon:

The Delegation of Lebanon declares that its Government reserves the right to take such action as it may consider necessary to protect its interests, should a Member fail in any way to comply with the provisions of the International Telecommunication Convention (Malaga-Torremolinos, 1973, and Nairobi, 1982), or should the reservations made by such a Member jeopardize Lebanon’s telecommunications services or lead to an increase in its contributory share in defraying the expenses of the Union.

26

For the Socialist People’s Libyan Arab Jamahiriya:

The Delegation of the Socialist People’s Libyan Arab Jamahiriya reserves for its Government the right to accept or refuse to accept the consequences of any reservations made by other countries which might lead to an increase in its contributory share in defraying Union expenses, and to take such action as it deems necessary to safeguard its interests and telecommunication services should any Member fail in any way to observe the provisions of the International Telecommunication Convention (Nairobi, 1982) or of its related regulations.

27

For Costa Rica:

The Delegation of Costa Rica reserves for its Government the right:

1. not to accept any financial measures which might lead to an increase in its contributory share in defraying the expenses of the Union;

2. to take any action it considers necessary to safeguard its telecommunication services, should other Members of the Union fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982);

3. to make whatever reservations it shall deem appropriate with respect to any texts included in the International Telecommunication Convention (Nairobi, 1982) which may directly or indirectly affect its sovereignty.

28

For the State of Israel:

The Delegation of the State of Israel on behalf of its Government – reiterating No. XCIX of th
e Final Protocol to the ITU Convention, Malaga-Torremolinos, 1973 – declares that the parts referring to Israel in Resolution No. 74 are based on false allegations. They make factual and legal determinations which are based neither on facts nor on law. They do not serve the true goals and purposes of the ITU and are rejected by Israel.

29

For the Republic of Indonesia:

1. The Delegation of the Republic of Indonesia hereby reserves the right of its Government to take:

(a) any action it deems necessary to safeguard its interests should Members in any way fail to comply with the requirements of the International Telecommunication Convention of 1982 or should reservations by other countries jeopardize its telecommunication services;

(b) any other actions in accordance with the Constitution and Laws of the Republic of Indonesia.

2. The Indonesian Delegation, on behalf of the Government of the Republic of Indonesia, also declares that it does not consider itself bound by the provisions of Article 50, paragraph 2, of the International Telecommunication Convention, Nairobi, 1982.

30

For the Socialist Federal Republic of Yugoslavia:

The delegation of the Socialist Federal Republic of Yugoslavia reserves for its Government the right:

1. to take any action that it deems necessary to safeguard the interests of its telecommunications should any Members fail to comply with the provisions of this Convention, or should reservations by other countries jeopardize its telecommunication services.

2. to take any action it may consider necessary to safeguard its interests should any Members not share in defraying the expenses of the Union, or should any reservations by other countries be likely to cause an increase in its contributory share in defraying Union expenses.

31

For the People’s Republic of Benin:

The Delegation of the People’s Republic of Benin to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves for its Government the right to take any action that it deems necessary to protect its interests should certain Members fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or should reservations by other Members jeopardise the operation of its telecommunication services or lead to an increase in its contribution to defraying the expenses of the Union.

32

For the Togolese Republic:

The Delegation of the Togolese Republic reserves for its Government the right to take any action it deems advisable should any country not observe the terms of this Convention or should any reservations made by Members during the Conference (Nairobi, 1982) or on signature or accession lead to situations prejudicial to its telecommunication services or to too large an increase in its contributory share in defraying the expenses of the Union.

33

For the Eastern Republic of Uruguay:

The Delegation of the Eastern Republic of Uruguay declares, on behalf of its Government, that it reserves the right to take any action it considers necessary to safeguard its interests, should other Members fail to observe the provisions of the International Telecommunication Convention (Nairobi, 1982), or the Annexes and Protocols attached thereto, or should reservations by other countries or any failure to comply with the Convention jeopardize the proper operation of its telecommunication services.

34

For the Democratic Republic of Afghanistan:

The Delegation of the Democratic Republic of Afghanistan to the ITU Plenipotentiary Conference (Nairobi, 1982) reserves for its Government the right:

1. to take any action it deems necessary to safeguard its interests should any Member in any way fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should the consequences of reservations by other countries jeopardize its interests and more particularly proper functioning of its telecommunication services;

2. not to accept any financial measures which would lead to an increase in its contributory share in defraying Union expenses;

3. to make any reservation or statement until such time as the International Telecommunication Convention (Nairobi, 1982), is ratified by the Government of the Democratic Republic of Afghanistan.

35

For the State of Kuwait and the State of Qatar:

The Delegations of the State of Kuwait and the State of Qatar declare that their Governments reserve the right to take such action as they may consider necessary to protect their interests, should a Member of the Union fail, in any way, to observe the provisions of the International Telecommunication Convention (Nairobi, 1982), or should the reservations made by such Member jeopardize their telecommunication services, or lead to an increase in their shares in defraying the expenses of the Union.

36

For the Kingdom of Lesotho:

The Delegation of the Kingdom of Lesotho hereby declares on behalf of the Lesotho Government:

1. that it will not accept any consequences resulting from any reservation made by any country, and reserves the right to take any action it deems fit;

2. that it reserves the right to take such action as it may consider necessary to protect its interests, should any other country not observe the provisions of this Convention (Nairobi, 1982),or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication services.

37

For the Democratic Republic of Afghanistan, the People’s Democratic Republic of Algeria, the Kingdom of Saudi Arabia, the People’s Republic of Bangladesh, the Islamic Republic of Iran, the Republic of Iraq, the Hashemite Kingdom of Jordan, the State of Kuwait, Lebanon, the Socialist People’s Libyan Arab Jamahiriya, the Republic of Maldives, the Kingdom of Morocco, the Islamic Republic of Mauritania, the Sultanate of Oman, the Islamic Republic of Pakistan, the State of Qatar, the Syrian Arab Republic, the Somali Democratic Republic, the Democratic Republic of the Sudan, Tunisia, the Yemen Arab Republic, the People’s Democratic Republic of Yemen:

The above-mentioned Delegations to the Plenipotentiary Conference (Nairobi, 1982) declare that the signature and possible ratification by their respective Governments of the International Telecommunication Convention (Nairobi, 1982) are not valid with respect to the Zionist Entity appearing in Annex 1 of this Convention under the name of the so-called Israel and in no way whatsoever imply its recognition.

38

For the Republic of Singapore:

The Delegation of the Republic of Singapore reserves for its Government the right to take such action as it may consider necessary t
o safeguard its interests should any Member fail in any way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by any country jeopardize its telecommunication services or lead to an increase in its contributory share towards defraying the expenses of the Union.

39

For the Republic of Korea:

The Delegation of the Republic of Korea reserves the right of its Government to take such action as it considers necessary to safeguard its interests should any Member not share in defraying the expenses of the Union or should any Member fail to comply with the provisions of this Convention, or its Annexes or the Protocols or Regulations attached thereto, or should reservations by other countries jeopardize its telecommunication services.

40

For the Republic of Senegal:

In signing this Convention, the Delegation of the Republic of Senegal declares, on behalf of its Government, that it accepts no consequence of any reservations by other Governments which might lead to an increase in its contributory share in defraying the expenses of the Union.

Furthermore, the Republic of Senegal reserves the right to take any action it deems necessary to safeguard its interests should any Members fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or the Annexes and Protocols thereto, or should reservations by other countries tend to jeopardize the proper operation of its telecommunication services.

41

For the Republic of Burundi:

The Delegation of the Republic of Burundi reserves for its Government the right:

1. to take all necessary measures to safeguard its interests should any Members fail in any way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or the Annexes and Protocols thereto;

2. to accept or not to accept any measure which might lead to an increase in its contributory share.

42

For Ghana:

The Ghana Delegation reserves for its Government the right to take any measures it considers necessary to protect its interests should the non-compliance of and reservations to the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols thereto, by other Members jeopardize its telecommunication services.

43

For the Democratic Republic of Madagascar:

The Delegation of the Democratic Republic of Madagascar reserves for its Government the right to take any action it deems necessary to safeguard its interests should any Members of the Union in any fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or should reservations by other countries jeopardize the proper operation of its telecommunication services.

It also reserves for its Government the right not to accept any financial consequences of reservations by other governments taking part in this Conference.

44

For the Islamic Republic of Pakistan:

The Delegation of the Government of Pakistan to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves the right to accept or not to accept the implications of the failure by any other Member of the Union to observe the provisions of the Convention (1982) or of its related Regulations.

45

For the United Republic of Cameroon:

The Delegation of the United Republic of Cameroon to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) declares that its Government reserves the right to take all necessary measures to safeguard its interests should the reservations by other delegations or any failure to comply with this Convention tend to jeopardize the proper operation of its telecommunication services.

Furthermore, the Government of the United Republic of Cameroon accepts no consequence of any reservations by other delegations to this Conference which may lead to an increase in its contributory share in defraying the expenses of the Union.

46

For Turkey

The Delegation of the Government of Turkey to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves the right of its Government to take any action it may deem necessary to protect its interests if reservations made by other Members of the Union lead to an increase in its contributory share in defraying the expenses of the Union.

Furthermore, the Delegation reserves the right of its Government to effect a percentage reduction of Turkey’s share under any head or subhead of the budget, should any of the reservations made by other parties result in non-payment by those parties in respect of such head or subhead.

47

For the Syrian Arab Republic:

The Delegation of the Syrian Arab Republic declares that its Government reserves the right to take such action as it may consider necessary to protect its interests, should a Member fail in any way to observe the provisions of the International Telecommunication Convention (Nairobi, 1982), or should the reservations made by such Member jeopardize its telecommunication services or lead to an increase in Syria’s share in defraying the expenses of the Union.

48

For the Socialist Republic of Viet Nam:

The Delegation of the Socialist Republic of Viet Nam to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) declares on behalf of its Government as follows:

1. It confirms once again the standpoint of the Government of the Socialist Republic of Viet Nam as made in the statement dated 7 August 1979 of its Foreign Ministry that the Hoang Sa (Paracels) and Truong Sa (Spratly or Spratley) archipelagoes are inseparable parts of the territory of the Socialist Republic of Viet Nam. The Government of Viet Nam therefore does not accept the modifications of the frequency allocation and the delimitations of the sub-divisions of the zones 6D, 6F and 6G, as contained in the Final Acts (ADD 27/132A) of the World Administrative Radio Conference on the Aeronautical Mobile (R) Service (Geneva, 1978). These provisions jeopardize the aeronautical telecommunication services of Viet Nam and those of some other countries within the Region, and therefore they must be revised at the next WARC-R-Mobile Conferences.

2. It further reserves for its Government the right not to accept any other provisions of the Radio Regulations which may affect its telecommunication services, and the right to take any measure it may consider necessary to safeguard its interests and its telecommunication services.

49

For the Gabonese Republic:

The Delegation of the Gabonese Republic reser
ves for its Government the right:

1. to take the necessary measures to safeguard its interests should any Members fail in any way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or should reservations by other Members jeopardize its telecommunication services;

2. to accept or not to accept the possible financial consequences of such reservations.

50

For the Republic of the Ivory Coast:

The Delegation of the Ivory Coast declares that it reserves for its Government the right to accept or not to accept the consequences of any reservations made by other Governments to this Convention (Nairobi, 1982) which might lead to an increase in its contributory share in defraying the expenses of the Union or which might jeopardize its telecommunication services.

51

(This number has not been used.)

52

For the People’s Republic of Bulgaria:

In signing the International Telecommunication Convention, the People’s Republic of Bulgaria declares that it reserves the right to take any measures to safeguard its interests, should other States fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982) or in the event of any other actions that might encroach upon its sovereignty.

53

For Portugal:

The Portuguese Delegation declares on behalf of its Government that it will not accept any consequences resulting from any reservations by other governments which might lead to an increase in its contributory share in defraying Union expenditure.

It further reserves for its Government the right to take any action it may deem necessary to safeguard its interests, should any Members not share in defraying Union expenditure or fail in any other way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize the operations of its telecommunication services.

54

For the Federative Republic of Brazil:

In signing these Final Acts, subject to approval by its National Congress, the Delegation of Brazil reserves for its Government the right to take all necessary measures to safeguard its interests should other Members fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), its Annexes or the Protocols attached thereto, or should reservations by other Members either lead to an increase in its contributory share in defraying Union expenditure or jeopardize the operation of its telecommunication services.

55

For the Somali Democratic Republic:

The Delegation of Somalia declares that the Government of the Somali Democratic Republic cannot accept any financial consequences that might arise as a result of reservations made by other governments taking part in the Plenipotentiary Conference (Nairobi, 1982).

It also reserves for its Government the right to take any action it deems necessary to safeguard its interests should Members in any way fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982) or should reservations by other countries jeopardize its telecommunication services.

56

In the name of the Federal Republic of Germany:

The Delegation of the Federal Republic of Germany formally declares with regard to Article 83 of the International Telecommunication Convention (Nairobi, 1982) that it maintains the reservations made on behalf of the Federal Republic of Germany when signing the Regulations mentioned in Article 83.

57

In the name of the Federal Republic of Germany:

The Delegation of the Federal Republic of Germany reserves for its Government the right to take such action as it may deem necessary to safeguard its interests, should certain Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the provisions of this Convention, or its Annexes or the Protocols attached thereto, or should reservations by other countries be likely to increase its share in defraying the expenses of the Union or jeopardize its telecommunication services. Moreover, the Delegation of the Federal Republic of Germany stipulates as a precaution a reservation concerning a modification of Article 4 of the International Telecommunication Convention, whereby technical cooperation would be incorporated in the Convention as a purpose of the Union; it also reserves for its Government the right to take any measures required should the regular budget of the Union be burdened for such purposes.

58

For the Czechoslovak Socialist Republic:

The Delegation of the Czechoslovak Socialist Republic declares on behalf of its Government that, in signing the International Telecommunication Convention (Nairobi, 1982), it leaves open the question of the acceptance of the Radio Regulations (Geneva, 1979).

59

For Chile:

The Delegation of Chile expressly states that, whenever the International Telecommunication Convention, its Annexes and Regulations, or documents of any kind refer to “Antarctic Territories” as dependencies of any State, the said references do not, and cannot, apply to the Chilean Antarctic Sector, comprised between 53 and 90 longitude west, which is an integral part of the national territory of the Republic of Chile, over which that Republic holds inalienable rights and exercises sovereignty.

In the light of the aforegoing, the Government of Chile reserves the right, should other States encroach in any way on all or part of the territory described above, to take all necessary measures to safeguard its interests by invoking the provisions of this Convention and its Annexes, Protocols and/or Regulations.

60

For Chile:

The Delegation of Chile to the Plenipotentiary Conference reserves the right, on behalf of its Government, to make all necessary reservations to any texts included in the International Telecommunication Convention (Nairobi, 1982) and its Annexes, Protocols and Regulations, which may directly or indirectly affect the operation of its telecommunication services or its sovereignty.

Moveover, it reserves the right to safeguard its interests should reservations by other Governments lead to an increase in its contributory share in defraying the expenses of the Union.

61

For the Republic of the Niger:

The Delegation of the Republic of the Niger to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves for its Government the right:

1. to take such action as it may consider necessary to safeguard its interests, should any Members of the Union fail in any way to comply with the
provisions of the Convention or the Regulations, or should reservations by such Members jeopardize the operation of its telecommunication services;

2. to accept or not to accept the consequences of reservations likely to lead to an increase in its contributory share in defraying Union expenditure.

62

For Greece:

In signing the International Telecommunication Convention of Nairobi (1982), the Delegation of the Republic of Greece to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) formally declares that it reserves for its Government the right to take any action consistent with the Constitution, legislation and international commitments of the Republic of Greece as it may consider or deem necessary or appropriate to protect and safeguard its national rights and interests, should any Member States of the Union fail in any way to observe or comply with the provisions of the present Convention, or its Annexes or the Protocols and Regulations attached thereto, or should they not share in defraying Union expenditure.

It further reserves for its Government the right not to accept any consequences of any reservations by other contracting parties likely, inter alia, to lead to an increase in its contributory share in defraying Union expenditure, or should such reservations jeopardize the proper and efficient operation of the telecommunication services of the Republic of Greece.

63

For Papua New Guinea:

The Delegation of Papua New Guinea reserves for its Government the right to take such action as it may consider necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize the telecommunication services of Papua New Guinea.

64

For the United Republic of Tanzania:

The Delegation of the United Republic of Tanzania reserves the right of its Government to take any action it deems necessary to safeguard its interests in the event of Members failing in any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or should reservations by other countries jeopardize its telecommunication services or lead to an increase in its contributory share in defraying the expenses of the Union.

65

For Guyana:

The Delegation of Guyana reserves the right of its Government to take any action it deems necessary to safeguard its interests in the event of Members failing any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or should reservations or other actions by other countries jeopardize its telecommunication services or lead to an increase in its contributory share in defraying the expenses of the Union.

66

For the Republic of the Upper Volta:

The Delegation of the Republic of the Upper Volta to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) reserves for its Government the right:

1. not to accept any financial measures likely to increase its contributory share in defraying Union expenditure;

2. to take any action it deems necessary to safeguard its interests, should any Members fail to comply with the provisions of the International Telecommunications Convention (Nairobi, 1982), or its Annexes or the Regulations and Protocols thereto, or should reservations by other Member States jeopardize the operation of its telecommunication services.

67

For the Republic of India:

1. In signing the Final Acts of the International Telecommunication Plenipotentiary Conference (Nairobi, 1982), the Delegation of the Republic of India does not accept any final implications for its Government resulting from any reservations that might be made by any Member on matters concerning the finances of the Union.

2. The Delegation on the Republic of India further reserves the right of its Government to take appropriate steps, if necessary, to ensure proper functioning of the Union and its permanent organs and the implementation of the Basic Provisions, General Regulations and Administrative Regulations of the Convention, should any country make reservations and/or not accept the provisions of the Convention.

68

For Jamaica:

The Delegation of Jamaica reserves for its Government the right to take any action it may deem necessary to safeguard its interests should Members in any way fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize the telecommunication services of Jamaica, or lead to an increase in its share towards defraying the expenses of the Union.

69

For Cuba:

In signing the Final Acts of this Plenipotentiary Conference, the Administration of the Republic of Cuba wishes to make it clear that, in the light of the statements which have been made by the United States Government, announcing its intention to direct radio broadcasts at our country for subversive and destabilising purposes, and which contravene the provisions of the Convention of the International Telecommunication Union, it reserves the right to use, whenever it considers it necessary, all means at its disposal and to take all appropriate measures to achieve the greatest degree of effectiveness for its broadcasting services.

70

For the United Sates of America:

The United States of America, deeply troubled by developments at the 1982 ITU Plenipotentiary Conference, reserves the right to make appropriate specific reservations and statements prior to ratification of the ITU Convention. The general concern of the United States of America is based on the Union’s regrettable and pervasive lack of realistic fiscal planning, the politicisation of the Union, and a requirement that the Union provide technical cooperation and assistance which should be appropriately provided through the United Nations Development Programme and the private sector. This reservation is necessarily general in nature due to the Conference’s inability to complete its substantive work by the time required for submission of reservations.

71

For New Zealand:

The Delegation of New Zealand reserves for its Government the right to take such action as it may consider necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize the telecommunication services of New Zealand.

72

For the Kingdom of Tonga:

The Delegation of New Zealand, on behalf of the Government of the Kingdom of Tonga, reserves for this Government the right to take such action as it may consider necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize the telecommunication services of the Kingdom of Tonga.

73

For the People’s Republic of Bulgaria, the Hungarian People’s Republic, the Mongolian People’s Republic, the People’s Republic of Poland, the German Democratic Republic and the Czechoslovak Socialist Republic:

The Delegations of the above-mentioned countries reserve for their Governments the right not to accept any financial measure liable to lead to an unjustified increase in their contributory shares in defraying the expenses of the Union, and the right to take such action as they may deem necessary to safeguard their interests.

Furthermore, they also reserve the right to make any statement or reservations when ratifying the International Telecommunication Convention (Nairobi, 1982).

74

For the Republic of Kenya:

The Delegation of the Republic of Kenya herewith declares on behalf of the Government and in accordance with powers conferred on it:

1. that it reserves the right of its Government to take any action it may consider necessary to safeguard and protect its interests should any Member fail to comply as required with the provisions of the International Telecommunication Convention (Nairobi, 1982);

2. that the Government of the Republic of Kenya does not accept responsibility for consequences arising out of reservations made by Members of the Union.

75

(This number has not been used.)

76

For Mexico:

The Delegation of Mexico declares that its Government reserves the right to take any measures it considers necessary to safeguard its interests if other Members should fail in any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or if the reservations formulated by them should jeopardize its telecommunication services or lead to an increase in the Mexican contribution to defraying the expenses of the Union

77

For Nicaragua:

In signing the International Telecommunication Convention (Nairobi, 1982), the Delegation of the Republic of Nicaragua reserves for its Government the right to take any measures it considers necessary to safeguard its interests if the reservations made by other Governments should lead to an increase in its contribution to defraying the expenses of the Union or jeopardize its telecommunication services.

78

For the Republic of Colombia:

The Delegation of the Republic of Colombia reserves for its Government the right to take any action it may deem necessary consistent with its national laws and with international law to safeguard its national interests, should reservations by representatives of other States jeopardize its telecommunication services or its full sovereign rights, or should the application or interpretation of any provision of the Convention so necessitate.

79

For the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics:

In signing the International Telecommunication Convention, the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics declare that they reserve the right to take any action to safeguard their interests, should other States fail to comply with the provisions of the International Telecommunication Convention, or in the event of any other action liable to encroach upon the sovereignty of the USSR.

The Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics consider unlawful and do not recognize the signing of the International Telecommunication Convention (Nairobi, 1982) by the Delegation of Chile.

The Delegations of Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics reserve for their Governments the right not to accept any financial decision which would lead to an unjustified increase in their annual contributions and, in particular, which may result from the amendments made to No. 107, Article 15, of the International Telecommunication Convention (Nairobi, 1982) by the Plenipotentiary Conference.

80

For Ecuador:

The Delegation of Ecuador declares on behalf of its Government that it will strive as far as possible to observe the provisions of the Convention approved at this Conference (Nairobi, 1982). However, it reserves for its Government the right:

(a) to take any necessary action to safeguard its natural resources, telecommunication services and other interests, should they be jeopardized by any failure to comply with the provisions of the Convention and its Annexes, or by reservations made by other countries Members of the Union; and

(b) to take any other decision consistent with its national laws and with international law to protect its sovereign rights.

81

For Spain:

The Delegation of Spain declares on behalf of its Government that, so far as it is concerned, the word “country” used in the Preamble, Articles 1 and 2 and other provisions of the International Telecommunication Convention (Nairobi, 1982), with reference to the Members and their rights and obligations, is synonymous with “sovereign State” and has the same value, scope, legal and political content.

82

For Spain:

The Delegation of Spain declares, on behalf of its Government, that it does not accept any reservations made by other Governments which imply an increase in its financial obligations towards the Union.

83

For Nicaragua:

The Government of the Republic of Nicaragua reserves the right to make any declaration or reservation until such time as it ratifies the International Telecommunication Convention (Nairobi, 1982).

84

For the United Kingdom of Great Britain and Northern Ireland:

I

The Delegation of the United Kingdom of Great Britain and Northern Ireland reserve for their Government the right to take such action as they may consider necessary to safeguard their interests should certain Members not share in defraying the expenses of the Union, or should
any Members fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize their telecommunication services.

II

The United Kingdom notes that although this Conference has adopted a 10% reduction in some of the financial ceilings proposed in the draft of Additional Protocol I for 1984 onwards, this reduction has not fully responded to the repeated warnings from many delegations that the Union must match its future expenditures to the financial resources of all Members of the Union. This failure reinforces the need for the Administrative Council to take very seriously its task of effecting every possible economy in the annual budgets of the Union. For its part the United Kingdom reserves its position concerning any proposal involving expenditures that would exceed the total figure established in the budget of the Union for 1983.

III

The United Kingdom has supported the technical assistance activities of the permanent organs of the Union and the possible role of the Union in stimulating technical cooperation through the Special Voluntary Programme adopted by this Conference and through the United Nations Development Programme. However, in the absence of clear guidance from this Conference as to the financial implications of introducing “technical assistance” into the purposes of the Union, the United Kingdom must express concern over the extent by which expenditures on these activities may affect the ability of the Union to discharge its normal technical functions. In future discussions of budgets of the Union the United Kingdom therefore reserves its right to insist that these normal technical functions shall be the first charge upon the funds of the Union.

85

For Canada:

The Delegation of Canada, noting the magnitude of the increases in the financial ceilings in Additional Protocol I for the years 1983 onwards, reserves the position of its Government with respect to the acceptance of financial obligations under Additional Protocol I, Expenses of the Union for the period 1983 to 1989.

The Delegation of Canada further reserves the right of its Government in accordance with Article 77, Section 16, paragraph 2, of the International Telecommunication Convention to make such additional reservations as may be necessary up to and including the time of ratification by Canada of the International Telecommunication Convention (Nairobi, 1982).

86

For Peru:

The Delegation of Peru reserves for its Government the right:

1. to take such action as it may consider necessary to protect its interests, should other Members of the Union fail in any way to comply with the provisions of the Convention or its Regulations, or should the reservations made by them jeopardize its telecommunication services;

2. to accept or not to accept the consequences of any reservations which might lead to an increase in its share in defraying the expenses of the Union;

3. to make any other declaration or reservation until such time as the present Convention is ratified.

87

For the Islamic Republic of Iran:

1. Upon signing the Final Acts of the International Telecommunication Union Plenipotentiary Conference (Nairobi, 1982), the Delegation of the Islamic Republic of Iran reserves the right of its Government to take such action as may be necessary to safeguard its interests should certain Members not share in defraying the expenses of the Union, or should any Member fail in any other way to comply with the provisions of the Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication services.

2. The Delegation of the Islamic Republic of Iran further reserves the right of its Government to take appropriate steps if necessary to ensure proper functioning of the Union and its permanent organs.

88

For Australia:

The Delegation of Australia, on behalf of its Government, noting that the debate at the Nairobi Plenipotentiary Conference on Article 4, Nos. 14 and 20, Article 15, No. 110, and Additional Protocol 1, No. 1.1. leaves doubts regarding the effects of implementing the new provisions of Article 4 upon the financial resources of the Union, declares that it accepts the new provisions of Article 4 with the understanding that:

1. technical cooperation and technical assistance funded from the regular budget excludes project activity like the provision of hardware for systems, and

2. provision of technical cooperation and technical assistance by use of the Union’s own resources will not involve a fundamental and major change in the finances of the International Telecommunication Union.

89

For Denmark, Finland, Iceland, Norway and Sweden:

1. The Delegations of the above-mentioned countries formally declare with regard to Articles 42 and 83 of the International Telecommunication Convention (Nairobi, 1982) that they maintain reservations made on behalf of their Administrations when signing the Regulations mentioned in Article 83.

2. The Delegations of the above-mentioned countries declare on behalf of their respective Governments that they accept no consequences of any reservations which would lead to an increase in the shares they contribute to defraying the expenses of the Union.

3. The Delegations of the above-mentioned countries reserve for their Governments the right to take such action as they may consider necessary to safeguard their interests should certain Members of the Union not share in defraying the expenses of the Union, or should any Members fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize their telecommunication services.

90

For the Republic of Colombia, the People’s Republic of the Congo, Ecuador, the Gabonese Republic, the Republic of Indonesia, the Republic of Kenya, the Republic of Uganda, and the Somali Democratic Republic:

The Delegations of these countries reaffirm, in their essence and in the light of the new provisions introduced into the International Telecommunication Convention (Nairobi, 1982), reservations Nos. 40, 42 and 79 made at the World Administrative Radio Conference (Geneva, 1979), in connection with all matters related to the Resolutions, Recommendations, Protocols and Final Acts of the ITU Plenipotentiary Conference (Nairobi, 1982).

91

For Austria, Belgium, Luxembourg and the Kingdom of the Netherlands:

The Delegations of the above-mentioned countries reserve for their Governments the right to take any action which they may consider necessary to safeguard their interests should certain Members not share in defraying the expenses of the Union or should they fail in any other w
ay to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should reservations by other countries be liable to cause an increase in their contributory shares in defraying Union expenses, or, finally, should reservations by other countries jeopardize their telecommunication services.

92

For Austria, Belgium, Luxembourg and the Kingdom of the Netherlands:

The Delegations of the above-mentioned countries formally declare with regard to Article 83 of the International Telecommunication Convention (Nairobi, 1982), that they maintain the reservations made on behalf of their Administrations when signing the Regulations mentioned in Article 83.

93

For the Republic of Zimbabwe:

In signing this Convention, and the subsequent ratification thereof, the Government of the Republic of Zimbabwe makes the following reservations:

1. that in no way does its signature condone the aggressive actions of Israel against its neighbours;

2. that in no way does it recognize the apartheid policies of South Africa, its aggressive actions in Namibia and its destabilisation activities against the Southern African Region;

3. the delegation of the Republic of Zimbabwe reserves for its Government the right to take such action as it considers necessary to protect its interests should the actions of certain other Members of the Union fail to defray the expenses of the Union or in any other way fail to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should the reservations of other countries jeopardize its telecommunication services.

94

For the Republic of Cyprus:

A

The Delegation of the Republic of Cyprus to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982), states that it reserves for its Government the right not to accept any financial consequences that might arise as a result of reservations made by any other State party to the International Telecommunication Convention (Nairobi, 1982).

It also reserves for its Government the right to take any action it deems necessary or useful to protect or safeguard its national interests or rights should Member States of the Union in any way fail to comply with the requirements of the above-mentioned Convention, its Annexes, Protocols and Regulations, or should reservations by other Member States jeopardize its telecommunication services.

B

The Delegation of the Republic of Cyprus to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982), in signing the International Telecommunication Convention of Nairobi (1982), formally and firmly declares that the Government of the Republic of Cyprus denies, rejects, and does not accept any dispute that has been or may be raised at any time by any Member State of the Union, party to the above-mentioned Convention, concerning the territorial integrity and national sovereignty of the Republic of Cyprus over its national territory as a whole.

It also declares that the illegally and temporarily occupied areas of the national territory of the Republic are, and remain, an integral and inseparable part of that territory, for the international relations of which the Government of the Republic of Cyprus is legally competent and responsible.

By virtue of the above, the Government of the Republic of Cyprus has the sole, full, absolute, and sovereign right to represent internationally the Republic of Cyprus as a whole, as is recognized not only by the international law, but also by all States, the United Nations and its specialized agencies, as well as all other international and intergovernmental organizations.

95

For the Republic of El Salvador:

The Government of the Republic of El Salvador reserves the right not to accept any financial measure which might involve an increase in its contribution. It also reserves the right to make any reservations it considers advisable in connection with any texts in the International Telecommunication Convention (Nairobi, 1982) which may directly or indirectly affect its sovereignty.

It also reserves the right to take any steps it considers advisable to protect its telecommunication services if Member countries do not comply with the provisions of the International Telecommunication Convention (Nairobi, 1982).

96

For Grenada:

With regard to the statement of the Delegation of the Republic of Venezuela (No. 13) in respect of the policy of its Government in international affairs not to accept arbitration as a means of settling disputes, the Delegation of Grenada reserves for its Government the right to take such action as it may consider necessary to safeguard its interests should any Member fail to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), or its Annexes or the Protocols attached thereto, or should the reservations by other Members jeopardize the telecommunication services of Grenada.

97

For the State of Israel:

The declarations made by certain delegations in Nos. 6, 37, 93(1) of the Final Protocol, being in flagrant contradiction with the principles and purposes of the International Telecommunication Union and, therefore, devoid of any legal validity, the Government of Israel wishes to put on record that it rejects these declarations outright and will proceed on the assumption that they can have no validity with respect to the rights and duties of any Member State of the International Telecommunication Union.

In any case, the Government of Israel will avail itself of its rights to safeguard its interests should the Governments of those delegations in any way violate any of the provisions of the Convention, or the Annexes, Protocols or Regulations attached thereto.

98

For the Kingdom of Swaziland:

The Delegation of the Kingdom of Swaziland reserves the right of its Government to take any action it deems necessary to safeguard its interests in the event of Members failing in any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or the Annexes and Regulations annexed thereto, or should reservations by other countries jeopardize its telecommunication services.

99

For the Republic of Uganda:

In signing this Convention the Delegation of the Republic of Uganda hereby declares that its Government reserves the right to take any action which it considers appropriate to safeguard its interests should certain Members not fulfil their obligations towards the Union in defraying the Union’s expenses or should they fail in any other way to comply with the requirements of the International Telecommunication Convention (Nairobi, 1982), its Annexes, or the Protocols attached thereto, or should the reservations by other countries
in any way endanger the telecommunication services of the Republic of Uganda.

100

For the Republic of Mali:

The Delegation of the Republic of Mali declares that it cannot accept any increase in its contributory share in the budget of the Union as a result of the failure of any country to pay its contributions and other related expenditure or to comply with the present Conventions, or as a result of reservations made by other countries.

It also reserves for its Government the right to take any action which may be necessary to safeguard its interests in the field of telecommunications should any Member country of the Union fail to comply with the Nairobi Convention, 1982.

101

For the United Kingdom of Great Britain and Northern Ireland:

The Delegation of the United Kingdom of Great Britain and Northern Ireland notes statement No. 59 of the Delegation of Chile with regard to Antarctic Territories. Insofar as this may be intended to refer to the British Antarctic Territory, Her Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland have no doubt as to their sovereignty over the British Antarctic Territory. In connection with the aforementioned statement the Delegation of the United Kingdom draws attention to the provisions of the Antarctic Treaty and particularly Article IV thereof.

102

For the United Kingdom of Great Britain and Northern Ireland:

The Delegation of the United Kingdom of Great Britain and Northern Ireland declares that it does not accept the statement (No. 10) of the Argentine Delegation contained in its declaration insofar as this statement disputes the sovereignty of Her Majesty’s Government in the United Kingdom over the Falkland Islands and the Falkland Islands Dependencies and the British Antarctic Territory and it wishes formally to reserve the rights of Her Majesty’s Government on this question. The Falkland Islands and the Falkland Islands Dependencies and the British Antarctic Territory are and remain an integral part of the territories for the international relations of which the Government of the United Kingdom of Great Britain and Northern Ireland are responsible.

The United Kingdom Delegation also cannot accept the view expressed by the Argentine Delegation that the denomination “Falkland Island Dependencies” is erroneous or, insofar as that view refers to the denomination “Falkland Islands” that that denomination is erroneous. The United Kingdom Delegation moreover cannot accept the view expressed by the Argentine Delegation that the term “(Malvinas)” should be used in association with the name of the Falkland Islands and the Falkland Island Dependencies. The decision of the United Nations General Assembly and its committees and of the Security Council to add “(Malvinas)” after this name relates solely to the documents of these institutions and their committees and has not been adopted by the United Nations for all United Nations documents. It therefore in no way affects the International Telecommunication Convention (Nairobi, 1982) or its Annexes or any other documents published by the International Telecommunication Union.

With regard to Resolutions 2065(XX), 3160(XXVIII) and 31/49 of the General Assembly of the United Nations, the United Kingdom Delegation does not accept the reason given by the Argentine Delegation for these Resolutions.

The United Kingdom abstained on the first two and voted against the third of these Resolutions. The United Kingdom Delegation also points out that earlier this year Argentina without warning or provocation broke off negotiations aimed at settling this dispute in order to invade the Falkland Islands.

The United Kingdom Delegation notes the reference by the Argentine Delegation to Article IV of the Antarctic Treaty signed in Washington on 1 December 1959 but wishes to state that this Article in no way supports or bears out the dominion or sovereignty of any particular Power over any antarctic territory: Her Majesty’s Government are in no doubt as to the United Kingdom’s sovereignty over the British Antarctic Territory.

103

For Turkey:

With reference to reservation 94(B) entered for Cyprus, it is the view of the Turkish Government that the present Greek Cypriot Administration represents only the Southern part of the island of Cyprus.

104

For the Federal Republic of Germany, Australia, Austria, Belgium, Canada, Denmark, the United States of America, Finland, France, Greece, Iceland, Italy, Japan, the Principality of Liechtenstein, Luxembourg, Monaco, Norway, New Zealand, Papua New Guinea, the Kingdom of the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and the Confederation of Switzerland:

The above-mentioned Delegations, referring to the reservation made by the Republic of Colombia, the People’s Republic of the Congo, Ecuador, the Gabonese Republic, the Republic of Indonesia, the Republic of Kenya, the Republic of Uganda and the Somali Democratic Republic in Statement No. 90, consider that, inasmuch as this statement refers to the Bogota Declaration of 3 December 1976 by equatorial countries and to the claims of those countries to exercise sovereign rights over segments of the geostationary-satellite orbit, the claims in question cannot be recognized by this Conference. Further, the above-mentioned Delegations wish to reaffirm the declaration made on behalf of their Administrations in this regard when signing the Final Acts of the World Administrative Radio Conference (Geneva, 1979).

The above-mentioned Delegations also wish to state that reference in Article 33 to the “geographical situation of particular countries” does not simply a recognition of claim to any preferential rights to the geostationary orbit.

105

For the Democratic Republic of Afghanistan, the Byelorussian Soviet Socialist Republic, the People’s Republic of Bulgaria, the Hungarian People’s Republic, the Mongolian People’s Republic, the People’s Republic of Poland, the German Democratic Republic, the Ukrainian Soviet Socialist Republic, the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics:

The Delegations of the above-mentioned countries do not recognize any claims for the extension of State sovereignty to sections of the geostationary orbit, since these are contrary to the generally accepted international status of outer space (statement No. 90).

106

For the Union of Soviet Socialist Republics:

As the Soviet Government has already frequently stated with regard to the question of territorial claims in Antarctica by certain States, the Union of Soviet Socialist Republics has never recognized and cannot recognize as lawful any separate solution of the question of sovereignty over Antarctica (statements Nos. 10 and 59).

107

For the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics:

The Delegations of the above-mentioned countries reserve for their Governments the right to make any declarations or reservations when ratifyi
ng the International Telecommunication Convention (Nairobi, 1982).

108

For the Argentine Republic:

With respect to statement No. 59 in the Final Protocol to the International Telecommunication Convention adopted by the Plenipotentiary Conference (Nairobi, 1982), the Argentine Republic does not accept the declaration contained therein by the State in question or by any other State which is liable to jeopardize its rights over the sector between meridians 25 and 74 West of Greenwich and south of parallel 60 South, territories over which the Argentine Republic exercises indefeasible and inalienable rights and sovereignty.

109

For the Argentine Republic:

The Delegation of the Argentine Republic reserves for its Government the right:

1. not to accept any financial measure which may entail an increase in its contribution;

2. to take such action as it may consider necessary to protect its telecommunication services should Member countries fail to observe the provisions of the International Telecommunication Convention (Nairobi, 1982);

3. to make any reservations it considers necessary in connection with texts in the International Telecommunication Convention (Nairobi, 1982) which may directly or indirectly affect its sovereignty.

110

For the Republic of Botswana:

The Delegation of the Republic of Botswana reserves the right of its Government to take any action it considers necessary to safeguard its interests, should any Member fail in any way to comply with the provisions of the International Telecommunication Convention (Nairobi, 1982), or its Regulations, Annexes or the Protocols attached thereto, or should reservations by other countries jeopardize its telecommunication services.

111

For the United States of America:

The United States of America, noting the statement (No. 69) entered by the Administration of Cuba, recalls its rights to broadcast to Cuba on appropriate frequencies free of jamming or other wrongful interference and reserves its rights with respect to existing interference and any future interference by Cuba with United States broadcasting.

112

For Chile:

The Delegation of Chile to the Plenipotentiary Conference objects to the substance and the form of the declaration made by the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics (No. 79) referring to the Delegation of Chile. It considers that these Delegations do not have the competence and even less the moral authority to set themselves up as a tribunal for the purpose of impugning the legality of delegations accredited to this Conference, in so doing bypassing the authority of the Credentials Committee, a legitimate body set up by the Conference, which, like the delegations of other Member countries of the Union, has recognized the legality and legitimacy of the Delegation of Chile.

Consequently, the Delegation of Chile energetically rejects the above-mentioned declaration which it considers illegal. It lacks any legal basis and is motivated by purely political reasons alien to the principles of the International Telecommunication Union and the terms of reference of this Conference and thus automatically falls outside the legal framework of the Conference.

113

For the Argentine Republic:

The Argentine Republic does not accept statement No. 102 concerning the Malvinas Islands, the South Georgia Islands and the South Sandwich Islands, which was formulated by the United Kingdom of Great Britain and Northern Ireland upon signing the Final Protocol with respect to its rights over the territories mentioned therein.

114

For the Islamic Republic of Iran:

In the name of God, the Compassionate, the Merciful,

the Delegation of the Islamic Republic of Iran to the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) strongly rejects the statements formulated in the Final Protocol tabled under Nos. 9, 28, 57, 70, 79, 84, 85, 88, 89, 90, 92.

It further declares that, due to insufficient time for the submission of counter-reservations, it reserves for its Government the right to make such additional reservations and counter-reservations as may be necessary up to and including the time of ratification of the International Telecommunication Convention (Nairobi, 1982) by the Government of the Islamic Republic of Iran.

115

For the People’s Republic of China:

In signing this Convention, the Delegation of the People’s Republic of China declares that:

1. any claim of sovereignty by any other country as may be contained in the Final Protocol of the ITU Convention (Nairobi, 1982) and in other documents over the Xisha and Nansha Islands, which are inseparable parts of the territory of the People’s Republic of China, shall be illegal and invalid and such unjustified claim shall in no way prejudice the absolute and unquestionable sovereign rights of the People’s Republic of China over the said Islands:

2. it reserves for its Government the right to take any action it may consider necessary to safeguard its interests should any Member fail to comply with the Convention (Nairobi, 1982) or should reservations of other countries affect its telecommunication services.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Final Protocol in each of the Chinese, English, French, Russian and Spanish languages, in a single copy, which shall remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatory countries.

DONE at Nairobi, 6 November 1982.

[Signatures not reproduced here.]

ADDITIONAL PROTOCOL I

Expenses of the Union for the period 1983 to 1989

1.1 The Administrative Council is authorised to draw up the annual budget of the Union in such a way that the annual expense of

– the Administrative Council,

– the General Secretariat,

– the International Frequency Registration Board,

– the secretariat of the International Consultative Committees,

– the Union’s Laboratories and technical equipment,

– technical cooperation and assistance provided to the developing countries

do not exceed the following amounts for the years 1983 onwards until the next Plenipotentiary Conference of the Union:

66,950,000 Swiss francs for 1983

72,300,000 Swiss francs for 1984

72,850,000 Swiss francs for 1985

74,100,
000 Swiss francs for 1986

75,050,000 Swiss francs for 1987

75,400,000 Swiss francs for 1988

76,550,000 Swiss francs for 1989

1.2 For the years after 1989 the annual budget shall not exceed the sum specified for the preceding year.

1.3 The amounts specified above do not include the amounts for the conferences, meetings, seminars and special projects included in paragraphs 2 and 3.

2. Expenditure on conferences referred to in No. 109 of the Convention, expenditure on meetings of the International Consultative Committees and seminars may be authorized by the Administrative Council. The sum allocated to such action should include the expenses of pre-conference activities, intersessional work, the actual conference and immediate post-conference expenses including, where known, those immediate expenses expected to result from the decisions of the conferences or meetings.

2.1 During the years 1983 to 1989, the budget adopted by the Administrative Council for conferences, meetings and seminars, shall not exceed the following amounts:

(a) Conferences

1,950,000 Swiss francs for the World Administrative Radio Conference for Mobile Services, 1983

10,000,000 Swiss francs for the World Administrative Radio Conference for the Planning of HF Bands Allocated to the Broadcasting Service, 1984/1986 (Budgets 1983 to 1986)

11,100,000 Swiss francs for the World Administrative Radio Conference on the Use of the Geostationary-Satellite Orbit and Planning of the Space Services Utilising It, 1985/1988 (Budgets 1983 to 1988)

4,600,000 Swiss francs for the World Administrative Radio Conference for Mobile Services, 1987 (Budgets 1986 and 1987)

1,130,000 Swiss francs for the World Administrative Telegraph and Telephone Conference, 1988 (Budgets 1987 and 1988)

4,130,000 Swiss francs for the Plenipotentiary Conference, 1989

4,550,000 Swiss francs to be used for implementation of decisions of conferences only; if not used this amount cannot be transferred to other items of the budget. Expenditure subject to approval of the Administrative Council.

(b) CCIR Meetings

2,700,000 Swiss francs for 1983

2,200,000 Swiss francs for 1984

5,250,000 Swiss francs for 1985

1,100,000 Swiss francs for 1986

3,450,000 Swiss francs for 1987

3,500,000 Swiss francs for 1988

5,300,000 Swiss francs for 1989

(c) CCITT Meetings

4,800,000 Swiss francs for 1983

6,900,000 Swiss francs for 1984

6,100,000 Swiss francs for 1985

6,300,000 Swiss francs for 1986

6,500,000 Swiss francs for 1987

6,650,000 Swiss francs for 1988

7,000,000 Swiss francs for 1989

(d) Seminars

800,000 Swiss francs for 1983

200,000 Swiss francs for 1984

420,000 Swiss francs for 1985

200,000 Swiss francs for 1986

330,000 Swiss francs for 1987

200,000 Swiss francs for 1988

330,000 Swiss francs for 1989

2.2 If no Plenipotentiary Conference is held in 1989, all conferences referred to in No. 109, and an annual budget for the International Consultative Committee meetings beyond 1989 must be individually costed by the Administrative Council, with approval for their budgeted costs being sought in advance from the Members of the Union in accordance with the provisions of paragraph 7 of this Protocol. Such budgeted costs shall not be transferable.

2.3 The Administrative Council may authorize expenditure in excess of the limits for the meetings and seminars specified in each sub-paragraph 2.1(b), 2.1(c) and 2.1(d) above if the excess can be compensated by sums within the expenditure limits:

– accrued from previous years; or

– charged to the following year.

3. Expenditure on the project “Extended Use of the Computer by the IFRB” authorised by the Administrative Council may not exceed the following amounts:

3,976,000 Swiss francs for 1983

3,274,000 Swiss francs for 1984

3,274,000 Swiss francs for 1985

3,274,000 Swiss francs for 1986

3,274,000 Swiss francs for 1987

3,274,000 Swiss francs for 1988

3,274,000 Swiss francs for 1989

3.1 The Administrative Council may authorize expenditure in excess of the above limits if the excess can be compensated by sums within the expenditure limits:

– accrued from previous years: or

– charged to the following year.

4. The Council shall each year assess retrospectively what changes have taken place in the last two years, what changes seem likely to take place in the current year, and what changes, on the best based estimates, seem likely to take place in the coming years (the budget year and the one to follow), under the following items:

4.1 salary scales, pension contributions and allowances, including post adjustments established by the United Nations for application to their staff employed in Geneva;

4.2 the exchange rate between the Swiss franc and the US dollar insofar as this affects the staff costs of those on UN scales;

4.3 the purchasing power of the Swiss franc in relation to non-staff items of expenditure.

5. In the light of this information, the Council may authorise expenditure for the budget year (and provisionally authorize expenditure for the following year) up to but not beyond the amounts indicated in paragraphs 1, 2 and 3 above adjusted to take account of paragraph 4, giving weight to the desirability of achieving significant absorption of such increases through savings within the organization, while also recognizing that certain expenditures are not capable of being adjusted quickly in response to changes outside the Union’s control. However, the actual expenditure may not exceed the amount resulting from the actual changes under paragraph 4 above.

6. The Administrative Council shall be entrusted with the task of effecting every possible economy. To this end, it shall be the duty of the Administrative Council annually to establish the lowest possible authorized level of expenditure commensurate with the needs of the Union, within the limits established by paragraphs 1, 2 and 3 above, if necessary taking account of the provisions of paragraph 4.

7. If the credits which may be used by the Council by virtue of paragraphs 1 to 4 above cannot
meet the expenditures on activities which are not foreseen but are urgent, the Council may exceed the credits of the ceiling laid down by the Plenipotentiary Conference by less than 1%. If the proposed credits exceed the ceiling by 1% or more, the Council may authorize those credits only with the approval of a majority of the Members of the Union after they have been duly consulted. Whenever Members of the Union are consulted, they shall be presented with a full statement of the facts justifying the step.

8. In determining the value of the contributory unit in any particular year, the Administrative Council will take into account the future program of conferences and meetings and the estimated related costs in order to avoid wide fluctuations from year to year.

ADDITIONAL PROTOCOL II

Procedure to be followed by Members in choosing their contributory class

1. Each Member shall inform the Secretary-General before 1 July 1983 of the class of contribution it has chosen from the table of classes of contributions shown in No. 111 of the International Telecommunication Convention (Nairobi, 1982).

2. Members who have failed to make known their decision before 1 July 1983 in accordance with the requirements to paragraph 1 above will be required to contribute the same number of units as they contributed under the Malaga-Torremolinos Convention (1973).

3. At the first meeting of the Administrative Council held after the entry into force of this Convention, a Member may, with the approval of the Administrative Council, reduce the level of the contributory unit it has chosen if its relative contributory position under the new Convention is substantially worse than its position under the old Convention.

ADDITIONAL PROTOCOL III

Measures to enable the United Nations to apply the Convention when carrying out any mandate under Article 75 of the Charter of the United Nations

The Plenipotentiary Conference of the International Telecommunications Union (Nairobi, 1982) has decided to adopt the following measures to enable the United Nations to continue to apply the International Telecommunication Convention, following the decision of the 1973 Malaga-Torremolinos Conference to abolish Associate Membership:

It is agreed that the possibility currently enjoyed by the United Nations in accordance with Article 75 of the Charter of the United Nations under the International Telecommunication Convention (Montreux, 1965), shall be continued under the International Telecommunication Convention (Nairobi, 1982) when it comes into force. Each case shall be considered by the Administrative Council of the Union.

ADDITIONAL PROTOCOL IV

Date on which the Secretary-General and the Deputy Secretary-General shall take office

The Secretary-General and the Deputy Secretary-General elected by the Plenipotentiary Conference (Nairobi, 1982) in the manner prescribed by it, shall take office on 1 January 1983.

ADDITIONAL PROTOCOL V

Date on which Members of the IFRB shall take office

The Members of the IFRB elected by the Plenipotentiary Conference (Nairobi, 1982) in the manner prescribed by it, shall take office on 1 May 1983.

ADDITIONAL PROTOCOL VI

Election of the Directors of the International Consultative Committees

The Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) has adopted provisions to the effect that the Directors of the International Consultative Committees shall be elected by the Plenipotentiary Conference. It has been decided to apply the following interim measures:

1. Until the next Plenipotentiary Conference the Directors of the International Consultative Committees shall be elected by their Plenary Assemblies in accordance with the procedure established by the International Telecommunication Convention (Malaga-Torremolinos, 1973).

2. The Directors of the CCIs, elected pursuant to the above paragraph 1, shall remain in office until the date on which their successors elected by the next Plenipotentiary Conference shall take up their duties in accordance with the decision of that Conference.

ADDITIONAL PROTOCOL VII

Temporary arrangements

The Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982) has agreed to the provisional application of the following arrangements until the entry into force of the International Telecommunication Convention (Nairobi, 1982):

1. The Administrative Council, which shall be composed of forty-one Members, elected by the Conference in the manner prescribed in that Convention, may meet immediately after its election and perform the duties assigned to it under the Convention.

2. The Chairman and Vice-Chairman to be elected by the Administrative Council during its first session shall remain in office until the election of their successors at the opening of the annual Administrative Council session of 1984.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed these Additional Protocols in each of the Chinese, English, French, Russian and Spanish languages, in a single copy, which shall remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatory countries.

DONE at Nairobi, 6 November 1982

[Signatures not reproduced here.]

OPTIONAL ADDITIONAL PROTOCOL

to the International Telecommunication Convention (Nairobi, 1982)

COMPULSORY SETTLEMENT OF DISPUTES

At the time of signing the International Telecommunication Convention (Nairobi, 1982), the undersigned plenipotentiaries have signed the following Optional Additional Protocol on the Compulsory Settlement of Disputes, which forms part of the Final Acts of the Plenipotentiary Conference (Nairobi, 1982).

The Members of the Union, parties to this Optional Protocol to the International Telecommunication Convention (Nairobi, 1982),

EXPRESSING the desire to resort to compulsory arbitration, so far as they are concerned, for the settlement of any disputes concerning the interpretation or application of the Convention or of the Regulations mentioned in Article 42 thereof,

HAVE AGREED upon the following provisions:

Article 1

Unless one of the methods of settlement listed in Article 50 of the Convention has been chosen by common agreement, disputes concerning the interpretation or application of the Convention or of the Regulations mentioned in Article 42 there
of shall, at the request of one of the parties to the dispute, be submitted for compulsory arbitration. The procedure to be followed is laid down in Article 82 of the Convention, paragraph 5 of which shall be amplified as follows:

“5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator. If one of the parties has not appointed an arbitrator within this time-limit, this appointment shall be made, at the request of the other party, by the Secretary-General who shall act in accordance with paragraphs 3 and 4 of Article 82 of the Convention.”

Article 2

This Protocol shall be open to signature by the Members which sign the Convention. It shall be ratified in accordance with the procedure laid down for the Convention and any countries which become Members of the Union may accede to it.[4]

Article 3

This Protocol shall come into force on the same day as the Convention, or on the thirtieth day after the date on which the second instrument of ratification or accession is deposited, but not earlier than the date upon which the Convention comes into force.

With respect to each Member which ratifies this Protocol or accedes to it after its entry into force, the Protocol shall come into force on the thirtieth day after the day on which the instrument of ratification or accession is deposited.[5]

Article 4

The Secretary-General shall notify all Members:

(a) of the signatures appended to this Protocol and of the deposit of instruments of ratification or accession;

(b) of the date on which this Protocol shall come into force.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Protocol in each of the Chinese, English, French, Russian and Spanish languages, in a single copy in which, in case of dispute, the French text shall prevail, and which shall remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatory countries.

DONE at Nairobi, 6 November 1982

[Signatures not reproduced here.]

[1] Instrument of ratification deposited for Australia 12 January 1984.

[2] The Convention entered into force for Australia 12 January 1984.

[3]ATS 1975 No. 24 UKTS 1975 No. 104 (Cmnd. 6219).

[4] Instrument of ratification deposited for Australia 25 March 1985.