martes, diciembre 24, 2024

International Telecommunications Union Convention (1982) (with additional protocols, resolutions, recommendations and opinions)

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;

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;

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.

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 assis­

tance 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 programmes 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 estab­

lishment 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) 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 programme 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  I) 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:

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

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

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

53

54

55

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 on 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 programmes 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 Plenipotentiary 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 assign­

ments 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 Members requiring assistance, the specific needs of developing countries, as well as the special geographical situation of particular countries;

80  d) to perform any additional duties, concerned with the assignment

and utilization of frequencies and with the equitable utilization 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 th
e 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 those 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 Secretary-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 of 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                       4 unit class

35 unit class                       3 unit class

30 unit class                       2 unit class

25 unit class                       y2unit class

20 unit class                       1 unit class

18 unit class                      1/2 unit class

15 unit class                      1/4 unit class

13 unit class                      1/8 unit class for the least developed countries 10 unit class as listed by the United Nations and other 8 unit class countries determined by the Administrative 5 unit class Council.

112      3. In addition to the classes of contribution listed in No. Ill, 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 an 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 recognized 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, French, 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 programme 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 the 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 days’ 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 C
oncerning 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 previously 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 suph 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 trfe 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 above- mentioned 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. 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.

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 Secretary-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).

ARTICLE 49 Relations with Non-Contracting States

187 Each Member reserves to itself and to the recognized 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

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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 esta- ‘ blished 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             flj bya 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 a 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 Members 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 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 reponsible 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 perma­

nent 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 numbers 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 programmes 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 prep­

ared 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 catego­

ries to accord with changes in the rates applied by the United Nations and the specialized agencies at the seat of the Union;

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;

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

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;

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;

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

I) offer to the Plenipotentiary Conference of the Union any recom­mendations deemed useful;

m) review and coordinate the work programmes 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 and curtailing expendi­ture for conferences and meetings;

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;

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 Interna­

tional 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 secreta­

riats 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 Council 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 regula­

tions 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 confer­

ences of the Union;

285      j) prepare recommendations for the first meeting of the Heads of

delegations referred to in No. 45Q, 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       I) 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 utilization 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      rj 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 internationa
l programmes under the auspices of the United Nations;

297      sj 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 to 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 rationalization;

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 Administra­

tive 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

321

322

323

324

325

326

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

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;

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

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;

d)   a specialized secretariat, which assists the Director;

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

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 XIII

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

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

7. The following shall be admitted to Plenipotentiary Conferences:

a)  delegations as defined in Annex 2;

b)  observers of the United Nations;

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

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 Con
ferences When There is an Inviting Government

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

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

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.

(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.

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

admitted.
3.The following shall be admitted to administrative conferences:
a)delegations as defined in Annex 2;
b)observers of the United Nations;
c)observers of regional telecommunication organizations mentioned
in Article 32;
d)observers of the specialized agencies and of the International
Atomic Agency in conformity with No. 338;
■e)observers of international organizations admitted in accordance
with Nos. 349 to 351;

358      f) representatives of recognized private operating agencies, duly auth­

orized 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 Members 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 XIII

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 Committee 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

The Plenary Assembly shall:

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

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;

403

404

405

406       c) approve the programme 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 programme 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, international 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.

ARTICLE 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 make 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 Assembl
y 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 that 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 empowered 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 sub­committees. 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 meieting, 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 organization 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.

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.

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.

478

479

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 sub­committee 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 authorized 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

505

506

507

508

509

510

511

512

513

514

515

516

517

518

12.3      Motions of order and points of order

(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.

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

12.4      Priority of motions of order and points of order

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

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

b)   suspension of a meeting;

c)   adjournment of a meeting;

d)   postponement of debate on the matter under discussion;

e)   closure of debate on the matter under discussion;

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.

12.5      Motion for suspension or adjournment of a meeting

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.

12.6      Motion for postponement of debate

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       12JO 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 summarized or 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 dr
awn 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. Otherwise, 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 XIII

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

organizations shall
share in idefraying 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. Ill 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

organizations 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 recognized

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 recognized 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 tw
o 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 shallbear 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

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

—  Telegraph Regulations,

—  Telephone Regulations,

—  Radio Regulations.

IN WITNESS WHEREOF the respective 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.

POUR LA REPUBLIQUE DEMOCRATIQUE D’AFGHANISTAN:

MOHAMMAD ASLAM WATANJAR MOHAMMAD ZAREEN KARIMI KHOWAJA AQA SHARAR AZIZULLAH BURHANI

POUR LA RfiPUBLIQUE ALGfiRIENNE DEMOCRATIQUE ET POPULAIRE:

N. BOUHIRED M. ALI BELHADJ A. HAMZA

V

AU NOM DE LA REPUBLIQUE FEDERALE D’ALLEMAGNE:

H. VENHAUS J. VON VACANO

POUR LA REPUBLIQUE POPULAIRE D’ANGOLA:

MARIA EDITH PINTO ALVES JOSE ANTONIO SMITH

POUR LE ROYAUME D’ARABIE SAOUDITE:

rf

RABEASADIK DAHLAN TAHER JAMEL AABED SAMY S. AL-BASHEER OBAIDULLA H. MOHAMED

POUR LA REPUBLIQUE ARGENTINE:

NICOLAS JOAQUIN MAZZARO GRACIELA BRfGIDA MEALLA MARCELO OTERO MOSTEIRIN ANTONIO ERMETE CRISTIANI

POUR L’AUSTRALIE:

M. R. RAMSAY E. F. SANDBACH

POUR L’AUTRICHE:

i/C^u-cLrtwe^

DR. HEINRICH UBLEIS DR. HEINRICH GARTNER DR. WALTER KUDRNA DR. KURT HENSELY

POUR LA REPUBLIQUE POPULAIRE DU BANGLADESH:

A. B. M. TAHER

A. M. RASHED CHOWDHURY

POUR LA BARBADE:

NIGEL A. BARROW C. M. THOMPSON EUGENE V. FINGALL

POUR LA BELGIQUE:

VICOMTE GEORGES VILAIN XIIII JOZEF DE PROFT MICHEL GONY

POUR LE BELIZE:

_ J, F. /£-. /Wet-rtfe’O-

J. F. R. MARTIN

POUR LA REPUBLIQUE POPULAIRE DU BENIN:

^UAM^———————

FRANCOIS DOSSOU TAOFIQUI BOURAIMA ALPHONSE D’OLIVEIRA FIDELIA AZODOGBEHOU PATRICE HOUNGAVOU DESIRE ADADJA NASSIROU MACHIOUDI

POUR LA RfiPUBLIQUE SOCIALISTE SOVlfiTIQUE DE BlfiLORUSSIE:

POUR LA RfiPUBLIQUE DU BOTSWANA:

POUR LA RfiPUBLIQUE FEDERATIVE DU BRfiSIL:

POUR LA RfiPUBLIQUE POPULAIRE DE BULGARIE:

POUR LA REPUBLIQUE DU BURUNDI:

PIERRE CLAVER GAHUNGU ZACHARIE BANYIYEZAKO THARCISSE NYAMWANA

POUR LA RfiPUBLIQUE-UNIE DU CAMEROUN:

P. KAMGA NJIKE J. JIPGUEP H. DJOUAKA V. VEGA

POUR LE CANADA:

jlL a 2+Ui*

,1 ALAIN GOURD JOHN A. GILBERT

POUR LA RfiPUBLIQUE DU CAP-VERT:

MARIA EDITH PINTO ALVES

POUR LA RfiPUBLIQUE CENTRAFRICAINE:

COMMANDANT EMMANUEL MOKALO JEAN-CYRILLE KOUNKOU DOMINIQUE VIDAKOUA JOSEPH KONDAOULE JOSUE YONGORO SIMON KOSSIGNON

POUR LE CHILI:

JULIO SERGIO POLLONI PEREZ MIGUEL L. PIZARRO ARAGONES SERGIO A. ANGELLOTTI CADIZ JORGE OSSA ARANGUA

POUR LA RfiPUBLIQUE POPULAIRE DE CHINE:

POUR LA REPUBLIQUE DE CHYPRE:

ANDREAS G. SKARPARIS

POUR L’fiTAT DE LA CITfi DU VATICAN:

rt/fansut ^/ftc^aovU^u

MONSEIGNEUR P. PHAM VAN THUONG ANTONIO STEFANIZZI

POUR LA RfiPUBLIQUE DE COLOMBIE:

HECTOR CHARRY SAMPER ORLANDO GALLO SUAREZ

POUR LA REPUBLIQUE POPULAIRE DU CONGO:

BERNARD BALOUNDA ISIDORE N’DONGABEKA FLORENTIN BOUCKACKA JULIEN BOUKAMBOU MIAKAMIOUE

POUR LA REPUBLIQUE DE COREE:

SUK JAE KANG

POUR LE COSTA RICA:

MIGUEL LEON SOLER MARCO T. DELGADO MORA

POUR LA RfiPUBLIQUE DE COTE D’lVOIRE:

KOUASSI APETE YAPO SAMSON BROU LEON AKA BONNY KOUASSI BLE JULIENNE KOFFI OUMAR DICOH

POUR CUBA:

POUR LE DANEMARK:

HANS JESPERSEN J. F. PEDERSEN J0RN JENSBY

POUR LA REPUBLIQUE ARABE D’EGYPTE:

3GYPTE: I

kJLxdJL-

MOHAMED WAGDI ABDEL HAMID IBRAHIM FATHI HASSAN KHATTAB OLFAT ABDELHAI ABDEL HAMID SHAW
KAT

POUR LA REPUBLIQUE D’EL SALVADOR:

MIGUEL LEON SOLER MARCO T. DELGADO MORA

POUR L’EQUATEUR:

NELSON F. RUIZ CORAL GABRIEL BERNAL GOMEZ

POUR L’ESPAGNE:

F. MOLINA NEGRO

J. M. NOVILLO-FERTRELL Y PAREDES

POUR LES ETATS-UNIS D’AMERIQUE:

MICHAEL R. GARDNER FRANCIS S. URBANY KALMANN SCHAEFER

POUR L’ETHIOPIE:

INGIDAYEHU GIRMAW GABRECHRISTO SEYOUM ABEBE GOSHU ALEMSEGED DEGEFA

POUR FIDJI:

G. H. RAILTON

POUR LA FINLANDE:

PEKKA TARJANNE JORMA NIKKILA

POUR LA FRANCE:

OvuoA*

YVES PLATTARD MICHEL TOUTAN MARIE HUET

POUR LA REPUBLIQUE GABONAISE:

DOMINIQUE HELLA-ONDO NESTOR TCHIMINA AARON NGUEMA-ALLOGO JULES LEGNONGO FABIEN MBENG EKOGHA

POUR LA REPUBLIQUE DE GAMBIE: fe&jfc^            —

— I                            ASSANE NDIAYE

POUR LE GHANA:

POUR LA GRfiCE:

ALEXANDRE G. AFENDOULIS VASSILI G. CASSAPOGLOU

POUR LA REPUBLIQUE DU GUATEMALA:

RAFAEL A. LEMUS M.

POUR LA REPUBLIQUE POPULAIRE REVOLUTIONNAIRE DE GUINEE:

ALAFE KOUROUMA MAMADOU SALIOU DIALLO KADIO KOLON FOFANA M. FALILOU BAH

POUR LA REPUBLIQUE DE GUINEE EQUATORIALE:

DEMETRIO ELO NDONG NSEFUMU EMILIO MANGUE OYONO MEYE CRISTOBAL NDONG MBA AYANG

POUR LE GUYANA:

KENNETH R. SHORTT RONALD CASE

POUR LA REPUBLIQUE DE HAUTE-VOLTA:

GABRIEL SEMPORE GASTON ZONGO AUGUSTINE BALIMA

POUR LA RfiPUBLIQUE POPULAIRE HONGROISE:

iyUOU^s

FERENC VALTER

POUR LA REPUBLIQUE DE L’INDE:

JL

T. V. SRIRANGAN M. K. RAO P. K. GARG V. S. SESHADRI

POUR LA RfiPUBLIQUE D’INDONESIE:

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R. SOEPANGAT R. WIKANTO

ARNOLD PH. DJIWATAMPU S. SOEGIHARTO NAZARUDDIN NASUTION P. SARTONO

MUNTOYO HADISUWARNO S. A. JASIN

POUR LA RfiPUBLIQUE ISLAMIQUE D’IRAN:

^O^ju/ IfUrf^b

SAYED MOSTAFA SAFAVI

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

ALI M. ABDULAH SHABAN JAWAD ABDUL AMIN KHAKI DR. AMER JOMARD

POUR L’IRLANDE:

U

H. E. MICHAEL C. GREENE F. G. McGOVERN P. M. 6 CIONNAITH

POUR L’ISLANDE:

j6n a. skulason

POUR L’ETAT D’ISRAEL:

M. SHAKKED URI M. GORDON G. ROSENHEIMER

POUR L’lTALIE:

/W

MARCELLO SERAFINI

POUR LA JAMAlQUE:

P. D. CROSS

POUR LE JAPON:

if I3 xy^

it $ J: jJJ*J*=>

TERUO KOSUGI MORIYA KOYAMA MITSUO KOJIMA TOSHIRO TAKAHASHI

POUR LE ROYAUME HACHEMITE DE JORDANIE:

DajUi^—^

ENG. M. DABBAS

POUR LA REPUBLIQUE DU KENYA:

POUR L’ETAT DU KOWEIT:

n

ABDULLA M. AL SABEJ SALMAN Y. AL ROOMI AHEMAD R. AL HUMAIDA ADEL A. AL EBRAHIM

POUR LE ROYAUME DU LESOTHO:

M. MATHIBELI F. M. RAMAKOAE

POUR LE LIBAN:

MAURICE-HABIB GHAZAL

POUR LA JAMAHIRIYA ARABE LIBYENNE POPULAIRE ET SOCIALISTE:

i

ZAKARIA AHMED FAHMI EL HAMMALI ALI MOHAMMED SALEM ENAYLI MOHAMED SALEH ALSABEY MOHAMED ABULGASSEM GHAWI

POUR LA PRINCIPAUTfi DE LIECHTENSTEIN:

M.APOTHELOZ J. MANZ

POUR LE LUXEMBOURG:

CHARLES DONDELINGER

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

PASCAL RATOVONDRAHONA BERNARD RABENORO

POUR LA MALAISIE:

MOHAMED BIN DARUS CHAN YAN CHOONG

POUR LE MALAWI:

JASPER ANTOINE MBEKEANI JAMES CHIDAMBO KAMFOSE EWEN SANGSTER HIWA

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

POUR LA RfiPUBLIQUE DU MALI:

POUR LE ROYAUME DU MAROC:

MOHAMED MOUHCINE MOHAMED MEZIATI HASSAN LEBBADI AHMED KHAOUJA

POUR LA REPUBLIQUE ISLAMIQUE DE MAURITANIE:

OUSMANE SAlDOU SOW

POUR LE MEXIQUE:

POUR MONACO:

ETIENNE FRANZI

POUR LA REPUBLIQUE POPULAIRE DE MONGOLIE:

D. GARAM-OCHIR L. BALGANSHOSH L. NATSAGDORJ

POUR LA RfiPUBLIQUE POPULAIRE DU MOZAMBIQUE:

SMART EDWARD KATAWALA

POUR LE NEPAL:

aw

~ZL SOT”

RAM PRASAD SHARMA

POUR LE NICARAGUA:

DR. NORMAN LACAYO RENER ING. AUGUSTO GOMEZ ROMERO

POUR LA RfiPUBLIQUE DU NIGER:

MOUNKAILA MOUSSA HAMANI KINDO HASSANE

POUR LA REPUBLIQUE FEDERALE DU NIGERIA:

NUHU MOHAMMED STEPHEN JERRY OKAFOR MBANEFO IDRIS OLA LEDIJU SHEHU ADEBAYO NASIRU KEHINDE AYOOLA FADAHUNSI JOHN ADEBAYO LATEJU ALBERT ADEBAYO BEECROFT

POUR LA NORVEGE:

KJELL HOLLER IVAR M0KLEBUST PER MORTENSEN ARNE B0E

POUR LA NOUVELLE-ZELANDE:

ft .

D. C. ROSE A. TURPIE C. W. SINGLETON W. J. GRAY

H. E. KARIM AHMED AL HAREMI

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

H
on. ARENA P’OJOK S. ELIPHAZ K. MBABAALI BARNABAS L. KATO

POUR LA RfiPUBLIQUE ISLAMIQUE DU PAKISTAN:

ABDULLAH KHAN

POUR LA PAPOUASIE-NOUVELLE-GUINEE:

G H

D. P. KAMARA K. MAITAVA G. H. RAILTON

POUR LA RfiPUBLIQUE DU PARAGUAY:

RAUL FERNANDEZ GAGLIARDONE JALEI GARCIA

POUR LE ROYAUME DES PAYS-BAS:

* r*

PHILIPPUS LEENMAN

POUR LE PfeROU:

CARLOS A. ROMERO SANJINES ROBERTO KANNA UESU

POUR LA REPUBLIQUE DES PHILIPPINES:

CEFERINO S. CARREON

LEON KOtATKOWSKI

POUR LE PORTUGAL:

———————————– -f”

AFONSO DE CASTRO

JOSE ANTONIO DA SILVA GOMES

JOAO VERSTEEG

POUR L’ETAT DU QATAR:

FUAD ABBAS

IBRAHIM A. AL MAHMOOD

POUR LA REPUBLIQUE ARABE SYRIENNE:

V ^ ^ V ^ ^ **

ENG. M. R. AL KURDI ENG. M. OBEID ENG. A. M. NAFFAKH

POUR LA REPUBLIQUE DEMOCRATIQUE ALLEMANDE:

POUR LA REPUBLIQUE SOCIALISTE SOVlfiTIQUE D’UKRAINE:

VLADIMIR DELIKATNYI

POUR LA REPUBLIQUE SOCIALISTE DE ROUMANIE:

I. TANASE

POUR LE ROYAUME-UNI DE GRANDE-BRETAGNE ET D’IRLANDE DU NORD:

J. H. M. SOLOMON A. MARSHALL J. F. R. MARTIN

POUR LA RfiPUBLIQUE RWANDAISE:

JEAN KAJYIBWAMI ASSUMANI BIZIMANA

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

POUR LA REPUBLIQUE DU SENEGAL:

ASSANE NDIAYE MAHMOUDOU SAMOURA MARIE-JEANNE NDIAYE LEON DIA ASSANE GUEYE SOULEYMANE MBAYE ALIOUNE BADARA KEBE GUILA THIAM MAMADOU NDIAYE

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

LIM CHOON SAI

POUR LA REPUBLIQUE DEMOCRATIQUE SOMALIE:

H. E. ABDUKAHMAN HUSSEIN MOHAMOUD ABDULKADIR MOHAMOUD WALAYO

POUR LA RfiPUBLIQUE DEMOCRATIQUE DU SOUDAN:

T

ABDALLA SIRAG ELDIN HASSAN BABIKER MOHAMED AWAD BABIKER ABDELGADIR MAHMOUD TAMIM

POUR LA REPUBLIQUE SOCIALISTE DEMOCRATIQUE DE SRI LANKA:

AMBALAVARNAR SHANMUGARAJAH

POUR LA SUfiDE:

TONY HAGSTROM T. LARSSON ARNE RABERG

POUR LA CONFEDERATION SUISSE:

M. APOTHfiLOZ G. DUPUIS J. MANZ

TH. MOECKLI-PELET P. L. GALLI

v. t——————————-

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

JOHAN RICARDO NEEDE

POUR LE ROYAUME DU SWAZILAND:

—–

tfs.

VICTOR SYDNEY LEIBBRANDT JOHN SELBY SIKHONDZE BASILIO FANUKWENTE MANANA JAMES PENZIE MBAYIYANE MHLANGA

POUR LA REPUBLIQUE-UNIE DE TANZANIE:

ji^ij vA—It^CjU/^v—I

J. A. MSAMBICHAKA CHARLES KAZUKA ABDULLA H. KHAMIS W. J. G. MALLYA

POUR LA REPUBLIQUE SOCIALISTE TCHECOSLOVAQUE:

MICHAL ONDREJKA

POUR LA THAILANDE:

c ®

ori^’*’ )

^^^^——————————————————————

SUCHART P. SAKORN KANES SCHMARAKKUL MANOTE MITRSOMWANG WIDHYA BHOOLSUWAN

POUR LA REPUBLIQUE TOGOLAISE:

A. DO AITHNARD KOUMA SETHI NENONENE KOSSIVI AYIKOE K. HINVI EDJOSSAN MAHAMA BOUKARI

POUR LE ROYAUME DES TONGA:

VC

D. C. ROSE A. TURPIE C. W. SINGLETON W. J. GRAY

POUR LA TUNISIE:

BRAHIM KHOUADJA BECHIR GUEBLAOUI RAOUF CHKIR MOHAMED EZZEDINE CHEDLY HELAL

POUR LA TURQUIE:

AHMET AKYAMA? A. MUNIR gA6AVI ENVER IBEK

POUR L’UNION DES REPUBLIQUES SOCIALISTES SOVIETIQUES:

Y. ZOUBAREV

POUR LA REPUBLIQUE ORIENTALE DE L’URUGUAY:

GILBERTO L. VERDIER LUIS M. MELIDE

POUR LA REPUBLIQUE DU VENEZUELA:

LUIS MANUEL LEANEZ LUGO HECTOR MIGUEL PALMA NUNEZ MARIA ELENA RODRIGUEZ C. ABRAHAM EDUARDO MIZRAHI R. CARLOS JULIO MARTINEZ G. CARLOS A. SANCHEZ MIGUEL LEON CASTRO

POUR LA REPUBLIQUE SOCIALISTE DU VIET NAM:

“7X.

TRUONG VAN THOAN

POUR LA RfiPUBLIQUE ARABE DU YEMEN:

ABDULLA ALI AL-KHOURABI

POUR LA REPUBLIQUE DfiMOCRATIQUE POPULAIRE DU YfiMEN:

KAMAL ABDULRAHIM

POUR LA REPUBLIQUE SOCIALISTE FEDERATIVE DE YOUGOSLAVIE:

r

vuCic Cagorovic

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

h. e. musonda justin chimba thomas nelson chinyonga

POUR LA REPUBLIQUE DEMOCRATIQUE DE MADAGASCAR:

(U>cn

dr. naomi nhiwatiwa raymond mutambirwa abniel whendero chemist siziba davis dauramanzi

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PAGE INTENTIONALLY LEFT BLANK

ANNEX 1

(see No. 3)

Afghanistan (Democratic Republic of)

Albania (Socialist People’s

Republic of) Algeria (People’s Democratic

Republic of) Germany (Federal Republic of) Angola (People’s Republic of) Saudi Arabia (Kingdom 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) Byelorussian Soviet Socialist

Republic Burma (Socialist Republic of th
e

Union of) Bolivia (Republic of) Botswana (Republic of) Brazil (Federative Republic of) Bulgaria (People’s Republic of) Burundi (Republic of) Cameroon (United Republic of) Canada

Cape Verde (Republic of) Central African Republic Chile

China (People’s Republic of) Cyprus (Republic of) Vatican City State Colombia (Republic of) Comoros (Islamic Federal

Republic of the) Congo (People’s Republic of the) Korea (Republic of) Costa Rica

Ivory Coast (Republic of the)

Cuba

Denmark

Djibouti (Republic of) Dominican Republic Egypt (Arab Republic of) El Salvador (Republic of) United Arab Emirates Ecuador Spain

United States of America

Ethiopia

Fiji

Finland France

Gabonese Republic

Gambia (Republic of the)

Ghana

Greece

Grenada

Guatemala (Republic of) Guinea (Revolutionary People’s

Republic of) Guinea-Bissau (Republic of) Equatorial Guinea (Republic of) Guyana

Haiti (Republic of)

Upper Yolta (Republic of the)

Honduras (Republic of)

Hungarian People’s Republic

India (Republic of)

Indonesia (Republic of)

Iran (Islamic Republic of)

Iraq (Republic of)

Ireland

Iceland

Israel (State of) Italy Jamaica Japan

Jordan (Hashemite Kingdom of) Democratic Kampuchea Kenya (Republic of) Kuwait (State of)

Lao People’s Democratic Republic Lesotho (Kingdom of) Lebanon

Liberia (Republic of)

Libya (Socialist People’s Libyan

Arab Jamahiriya) Liechtenstein (Principality of) Luxembourg

Madagascar (Democratic Republic

of) Malaysia Malawi

Maldives (Republic of) Mali (Republic of) Malta (Republic of) Morocco (Kingdom of) Mauritius

Mauritania (Islamic Republic of)

Mexico

Monaco

Mongolian People’s Republic Mozambique (People’s Republic

of) Namibia

Nauru (Republic of)

Nepal

Nicaragua

Niger (Republic of the) Nigeria (Federal Republic of) Norway New Zealand Oman (Sultanate of) Uganda (Republic of) Pakistan (Islamic Republic of) Panama (Republic of) Papua New Guinea Paraguay (Republic of) Netherlands (Kingdom of the) Peru

Philippines (Republic of the) Poland (People’s Republic of) Portugal Qatar (State of) Syrian Arab Republic

German Democratic Republic

Democratic People’s Republic of Korea

Ukrainian Soviet Socialist Republic

Romania (Socialist Republic of)

United Kingdom of Great Britain and Northern Ireland

Rwandese Republic

San Marino (Republic of)

Sao Tome and Principe (Democratic Republic of)

Senegal (Republic of)

Sierra Leone

Singapore (Republic of)

Somali Democratic Republic

Sudan (Democratic Republic of the)

Sri Lanka (Democratic Socialist Republic of)

South Africa (Republic of)

Sweden

Switzerland (Confederation of) Suriname (Republic of) Swaziland (Kingdom of) Tanzania (United Republic of) Chad (Republic of) Czechoslovak Socialist Republic Thailand

Togolese Republic Tonga (Kingdom of) Trinidad and Tobago Tunisia Turkey

Union of Soviet Socialist

Republics Uruguay (Eastern Republic of) 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)

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ANNEX 1

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      H
armful 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, attaches, 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 attaches, 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 Agency 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 3 000 GHz, propagated in space without artificial guide.

Note 2: For the requirements of No. 83 of the Convention the term “radio- communication” also includes telecommunications using electroma­gnetic waves of frequencies above 3 000 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 telecommunication primarily intended for the exchange of information in the form of speech.

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ANNEX 1

(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 cal
led “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 discussion 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 purpose of facilitating such co-ordination and to furnish such information as may be required for the carrying out of this purpose.

ARTICLE V Exchange 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 utilization of statistical informa­tion and to minimize 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 Union 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.

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PAGE INTENTIONALLY LEFT BLANK

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 P
eople’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.

(*) Note by the General Secretariat: The texts of the Final Protocol are shown in the chronological order of their deposit.

In the Table of Contents these texts are grouped in the alphabetical order of country names.

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 Democratic 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 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 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 safeguard 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.

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. reserves 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 necessar
y 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 Governmemt 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 telecommuni­cation 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 the 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 jeopardize 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 Republ
ic 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 to 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 way 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 no
t 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 reserves 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 Republic 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 operation 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.

Moreover, 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 in 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 Telecommuni­cation 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 of 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 destabilizing 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 States 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 politicization 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 reservation 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 jeopard
ize 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 if 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 U.S.S.R.

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 the 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:

1

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 b,e 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 A ustralia:

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 I, 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 coooperation 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 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 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 destabilization 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 o
f 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 Convention, 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 committe:es 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, 198
2) 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 imply 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 ratifying 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.

Ill

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 Byelorussia^ 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 c
ountries 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

The signatures following the Final Protocol are the same as those which follow the Convention.

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ADDITIONAL PROTOCOLS

ADDITIONAL PROTOCOL I Expenses of the Union for the Period 1983 to 1989

1.1  The Administrative Council is authorized to draw up the annual budget of the Union in such a way that the annual expenses of

—    the Administrative Council,

—    the General Secretariat,

—    the International Frequency Registration Board,

—    the secretariats 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 budgets 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 thfe Space Services Utilizing 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” authorized 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 authorize 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 programme 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. Ill 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 of 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 th
e International Telecommunica­tion 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 (Mont- reux, 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

The signatures following the Additional Protocols are the same as those which follow the Convention.

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OPTIONAL ADDITIONAL PROTOCOL

TO THE INTERNATIONAL TELECOMMUNICATION CONVENTION NAIROBI, 1982

COMPULSORY SETTLEMENT OF DISPUTES

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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 thereof 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.

ARTICLE 3

This Protocol shall come into force on the same day as the Conven­tion, or on the thirtieth day after the day 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.

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 plenip
otentiaries 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

Note by the Secretary General:

This Optional Additional Protocol has been signed by the following delegations:

Democratic Republic of Afghanistan, Kingdom of Saudi Arabia, Argentine Republic, Australia, Austria, People’s Republic of Bangladesh, Barbados, Belgium, Belize, People’s Republic of Benin, Republic of Botswana, Federative Republic of Brazil, Republic of Burundi, United Republic of Cameroon, Canada, Central African Republic, Chile, Republic of Cyprus, Republic of Colombia, People’s Republic of the Congo, Republic of Korea, Costa Rica, Republic of the Ivory Coast, Cuba, Denmark, Arab Republic of Egypt, Republic of El Salvador, Ecuador, Fiji, Finland, Gabonese Republic, Republic of the Gambia, Ghana, Greece, Grenada, Republic of Guatemala, Revolutionary People’s Republic of Guinea, Republic of Equatorial Guinea, Guyana, Republic of the Upper Volta, Iceland, Italy, Jamaica, Japan, Hashemite Kingdom of Jordan, State of Kuwait, Lebanon, Socialist People’s Libyan Arab Jamahiriya of Libya, Principality of Liechtenstein, Luxembourg, Democratic Republic of Madagascar, Malawi, Republic of Maldives, Republic of Mali, Kingdom of Morocco, Islamic Republic of Mauritania, Mexico, Nepal, Nicaragua, Republic of the Niger, Federal Repub­lic of Nigeria, Norway, New Zealand, Sultanate of Oman, Republic of Uganda, Papua New Guinea, Republic of Paraguay, Kingdom of the Netherlands, Repub­lic of the Philippines, State of Qatar, Syrian Arab Republic, United Kingdom of Great Britain and Northern Ireland, Rwandese Republic, Republic of San Marino, Republic of the Senegal, Democratic Republic of the Sudan, Democratic Socialist Republic of Sri Lanka, Sweden, Confederation of Switzerland, Republic of Suriname, Kingdom of Swaziland, United Republic of Tanzania, Thailand, Togolese Republic, Tunisia, Eastern Republic of Uruguay, Yemen Arab Republic, People’s Democratic Republic of Yemen, Republic of Zaire, Republic of Zambia, Republic of Zimbabwe.

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RESOLUTIONS RECOMMENDATION OPINIONS

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RESOLUTION No. 1 Future Conferences of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having considered

a)  paragraph 3.4 of the Report of the Administrative Council to the Plenipotentiary Conference relating to planned administrative conferences;

b)   the proposals submitted by several Members of the Union;

c)   the necessary preparatory work to be carried out both by the permanent organs of the Union and by the Administrations before each session of a conference;

decides

1. that the schedule of future administrative conferences shall be as follows:

1.1 World Administrative Radio Conference for Mobile Services (Geneva, 28 February-18 March 1983);

1.2 Regional Administrative Radio Conference for the Planning of the Broadcasting-Satellite Service in Region 2 (Geneva, 13 June-15 July 1983);

1.3 First Session of the World Administrative Radio. Conference for the Planning of HF Bands Allocated to the Broadcasting Service (January 1984, for 5 weeks);

1.4 Second Session of the Regional Administrative Conference for FM Sound Broadcasting in the VHF Band (Region 1 and certain countries concerned in Region 3) (end of October 1984 for 6 weeks);

1.5 First Session of the World Administrative Radio Conference on the Use of the Geostationary-Satellite Orbit and the Planning of the Space Services Utilizing It (end of June to mid-August 1985, for 6 weeks);

1.6 First Session of the Regional Administrative Planning Conference for the Broadcasting Service in the Band 1 605 – 1 705 kHz in Region 2 (first half of 1986, for 3 weeks);

1.7 Second Session of the World Administrative Radio Confer­ence for the Planning of HF Bands Allocated to the Broadcasting Service (October-November 1986, for 7 weeks);

1.8 First Session of the Regional Administrative Conference to Review and Revise the Provisions of the Final Acts of the African VHF/UHF Broadcasting Conference (Geneva, 1963) (first half of 1987, for 3 weeks);

1.9 World Administrative Radio Conference for Mobile Services (mid-August to end of September 1987, for 6 weeks);

1.10    Regional Administrative Conference to Establish Criteria for the Shared Use of the VHF and UHF Bands Allocated to Fixed, Broadcasting and Mobile Services in Region 3 (end of November 1987, for 4 weeks);

1.11    Second Session of the World Administrative Radio Confer­ence on the Use of the Geostationary-Satellite Orbit and on the Planning of Space Services Utilizing It (end of June- beginning of August 1988, for 6 weeks);

1.12    Second Session of the Regional Administrative Planning Conference for the Broadcasting Service in the Band 1 605 –

1 705 kHz in Region 2 (third quarter of 1988, for 4 weeks);

1.13    World Administrative Telegraph and Telephone Conference (beginning of December 1988, for 2 weeks) (see Resolution No. 10);

1.14     Plenipotentiary Conference (beginning of 1989, for 6 weeks);

1.15     Second Session of the Regional Administrative Conference to Review and Revise the Provisions of the Final Acts of the African VHF/UHF Broadcasting Conference (Geneva, 1963) (September 1989, for 4 weeks);

2. regarding the agendas of the Conferences, that:

2.1 the agendas of the World Administrative Radio Conference for Mobile Telecommunications, the Regional Administrative Conference for the Planning of the Broadcasting-Satellite Service in Region 2 and the First Session of the World Administrative Radio Conference for the Planning of HF Bands Allocated to the Broadcasting Service, already esta­blished by the Administrative Council, shall remain unchanged;

2.2 the Administrative Council, having been requested by Resolu­tion No. 6 to consider the best way of dealing with the problem of the compatibility between the aeronautical radio- navigation service in the band 108 – 117.975 MHz and the broadcasting service in the band 87.5 – 108 MHz, may however, if appropriate, add this question to the agenda of any conference which it shall deem competent to consider this matter;

2.3 the Administrative Council, at its 1983 session, when estab­lishing the agenda for the First Session of the World Admin­istrative Radio Conference on the Use of the Geostationary- Satellite Orbit and the Planning of Space Services Utilizing It, shall be guided by the relevant Resolutions of the 1979 World Administrative Radio Conference and
by Resolution No. 8; the agenda of this First Session should also contain the formal adoption, for inclusion in the Radio Regulations, of the relevant decisions of the 1983 Regional Administrative Conference for the planning of the Broadcasting-Satellite Service in Region 2;

3. that the conferences shall be held within the periods indicated in paragraph 1 above, the precise dates being set by the Administrative Council after consulting the Members of the Union, and leaving sufficient time between the various conferences; however, in cases where precise dates are indicated for the sessions of conferences, they shall not be changed. The durations indicated in paragraph 1 above for conferences for which the agendas have already been established shall not be changed; the precise duration of the other conferences shall be decided by the Adminis­trative Council after their agendas have been established, within the duration limits indicated in paragraph 1.

RESOLUTION No. 2 Convening of the Plenipotentiary Conference

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

No. 34 of the Convention;

considering

the extreme importance of convening the Plenipotentiary Conference regularly to provide for the various activities of the Union, in particular its administrative and financial activities, and to ensure the efficient operation of its permanent organs;

considering further

that it has decided that the next Plenipotentiary Conference should be held during the first four months of 1989;

instructs the Administrative Council

in close collaboration with the inviting Government, to take all necessary measures to ensure that the Plenipotentiary Conference is held during the first four months of 1989;

requests the Members of the Union

to assist and cooperate with the Administrative Council and the General Secretariat in organizing work to prepare and hold the next Plenipotentiary Conference and to ensure it is convened on the date fixed by the Council.

RESOLUTION No. 3

Invitations to Hold Conferences or Meetings Away From Geneva

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that expenditure on conferences and meetings of the Union is distinctly lower when they are held in Geneva;

considering, however

that there are advantages in holding certain conferences and meetings in countries other than the Headquarters country;

bearing in mind

that the General Assembly of the United Nations, in Resolution 1202 (XII), decided that meetings of organs of the United Nations should, as a general rule, be held at the headquarters of the organ concerned, but that a meeting could be held away from headquarters if an inviting government agreed to defray the additional expenditure involved;

recommends

that world conferences of the Union and Plenary Assemblies of the International Consultative Committees should normally be held at the seat of the Union;

resolves

1,   that invitations to hold conferences of the Union away from Geneva should not be accepted unless the host government agrees to defray the additional expenditure involved;

2.   that invitations to hold meetings of the study groups of the International Consultative Committees away from Geneva should not be accepted unless the host government provides at least adequate premises and the necessary furniture and equipment free of charge, except that in the case of developing countries equipment need not necessarily be provided free of charge by the host government, if the government so requests.

RESOLUTION No. 4

Attendance of Liberation Organizations Recognized by the United Nations as Observers at Meetings of the International Telecommunication Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   Article 6 of the International Telecommunication Convention (Malaga-Torremolinos, 1973) vesting full powers in the Plenipotentiary Conferences;

b)   Article 39 of that Convention defining the relations of the Union with the United Nations;

c)   Article 40 of that Convention defining the relations of the Union with the other international organizations;

having regard to

Resolutions 2395, 2396, 2426 and 2465 of the General Assembly of the United Nations dealing with the problem of liberation movements;

resolves

that the liberation organizations recognized by the United Nations may attend at any time meetings of the International Telecommunication Union as observers;

instructs the Administrative Council

to take the necessary action to implement this Resolution.

RESOLUTION No. 5

Procedure for the Election of Chairman and Vice-Chairmen of the Committees of the Conferences and Meetings

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that there are no provisions in Article 77 of the Convention specifying the procedure for election of Chairmen and Vice-Chairmen of the commit­tees, sub-committees and working groups of the Conferences, but taking into consideration the procedures established by No. 285;

resolves

that all Member countries should have an opportunity to consider in advance the lists of countries and delegates proposed for election to the posts of Chairmen and Vice-Chairmen as well as any related useful information and that any comments they make must be taken into consid­eration at the meeting of the Heads of delegations and by the conference;

instructs the Administrative Council

to establish a procedure for election of Chairmen and Vice-Chairmen of the committees, sub-committees and working groups which do not depend on committees of all ITU conferences and meetings, in conformity with this Resolution;

instructs the Secretary-General

1.   to ask all Member countries to communicate their opinions on the establishment of this procedure;

2.   to prepare a draft procedure for the election of Chairmen and Vice-Chairmen on the basis of competence and equitable geographical distribution for consideration by the next meeting of the Administrative Council, any opinions or comments made by Member countries being taken into account;

3.   to provide the Administrative Council as a guideline with all useful information relevant to the elections of Chairmen an
d Vice- Chairmen in the past;

invites the Member countries

to communicate to the Secretary-General their opinions relating to the implementation of this Resolution.

RESOLUTION No. 6

Compatibility Between the Aeronautical Radionavigation Service in the Band 108 – 117.975 MHz and the Broadcasting Service in the Band 87.5 -108 MHz

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that the aeronautical radionavigation service is a safety service and that steps must be taken to prevent stations in this service from being subject to interference which might jeopardize human life;

b)   that the work of the First Session of the Regional Administrative Conference for FM Sound Broadcasting in the VHF Band (Region 1 and certain countries concerned in Region 3) (Geneva, 1982) has shown that harmful interference is liable to be caused to stations in the aeronautical radionavigation service in the band 108 – 117.975 MHz;

c)   that the absence of precise data on compatibility between these two services imposes constraints on planning at the Second Session of the Regional Broadcasting Conference;

d)   that the CCIR has been asked by the First Session of the Confer­ence to continue its work on this subject;

e)   that cooperation with the International Civil Aviation Organiza­tion will help the CCIR obtain positive results;

f)    that compatibility criteria between the two services concerned may have to be applied on a world-wide basis;

instructs the Administrative Council

1.   to consider the best way of dealing with the problem of compati­bility criteria between the aeronautical radionavigation service in the band 108 – 117.975 MHz and the broadcasting service in the band 87.5­108 MHz in time to permit planning of the broadcasting service at the Second Session of the Regional Conference;

2.   to take the necessary action to ensure that the decision it takes in this connection is brought to the notice of the International Civil Aviation Organization.

RESOLUTION No. 7

Planning of the Maritime Mobile Service and of Maritime Radiobeacons

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a) that in Resolution No. 38 the World Administrative Radio Confer­ence (Geneva, 1979) (WARC-79) invited the general mobile administrative radio conference, then foreseen for not later than 1982, to give priority to the adoption of a new assignment plan for the maritime mobile service in Region 1 in the band 1 606.5 – 2 850 kHz;

b)   that in Recommendation No. 300 the WARC-79 considered that in respect of the maritime mobile service using frequencies in the band 435 – 526.5 kHz in Region 1, some of the technical standards upon which the Assignment Plan for European countries contained in the Final Acts of the European Maritime Conference, Copenhagen, 1948, are based were out of date, and recommended that the Administrative Council ensure that the conference for mobile services is competent to take decisions on the planning and use of frequencies in this band in Region 1;

c)   that in Recommendation No. 602 the WARC-79 invited the Admi­nistrative Council to take the necessary steps to arrange for questions relating to maritime radiobeacori stations to be included, in the agenda of the next WARC for Mobile Services and considered that it was desirable tq convene a specialized conference under Article 32 of the Convention to revise the Paris Arrangement, 1951;

recognizing

that, although the agenda of the WARC for Mobile Services to be held in 1983 includes consideration of the above Resolution and Recommenda­tions, because of its limited duration it will probably be able to do no more than provide the basis for the planning tasks mentioned above;

recognizing also

the importance of the radio services concerned with safety of life and the need to expedite the implementation of the Radio Regulations, as revised by the WARC-79, which in the bands 435 – 526.5 kHz and 1 606.5 – 3 280 kHz is dependent upon the adoption of new plans for the maritime mobile service and maritime radiobeacons in Region 1;

taking into account

the different views expressed during the Plenipotentiary Conference concerning the desirability of convening an appropriate administrative radio conference in the first half of 1985 or of putting the problem on the agenda of the World Administrative Radio Conference for the Mobile Services, 1987;

instructs the Administrative Council

1.   to re-examine the matter at its 1983 session, in the light of the decisions, resolutions and recommendations of the WARC for Mobile Services planned for 1983, to make proposals on the nature and timing of a conference to deal with this problem and to develop an agenda if necessary;

2.   to provide the IFRB with appropriate guidelines relating to the tasks to be carried out in order to permit the conference to prepare plans;

3.   to specify the countries other than those in the European Maritime Area which have an interest in planning;

invites

1.   the Parties of the Copenhagen Convention, 1948, to consider during the conference the appropriate instruments for the abrogation of this Convention;

2.    administrations to send their comments to the Secretary-General;

instructs the Secretary-General

following the 1983 WARC for Mobile Services to consult administra­tions on their possible participation in the planning for the maritime mobile service and maritime radiobeacons and to submit a report on this matter to the Administrative Council.

RESOLUTION No. 8

Feeder Links to Space Stations in the Broadcasting-Satellite Service Operating in the Bands 11.7 -12.5 GHz (Region 1) and 11.7 – 12.2 GHz (Region 3)

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a) that the World Administrative Radio Conference (Geneva, 1977) adopted a plan for the assignment of frequencies and orbital positions to broadcasting-satellite stations operating in the bands 11.7-12.5 GHz (Region 1) and 11.7 – 12.2 GHz (Region 3);

b)  that by its Resolution No. 101 the World Administrative Radio Conference (Geneva, 1979) decided that, in the fixed-satellite service bands reserved exclusively for feeder links to broadcasting satellites operating in Regions 1 and 3 in the above-mentioned bands, these links shall be organ­ized and operated in accordance with agreements and associated plans;

c)   that by its Resolution No. 102 the same Conference adopted a pre-coordination procedure designed to harmonize requirements in feeder links without prejud
ging the decisions of the administrative radio confer­ence scheduled to plan them;

d)   that several administrations of countries in Regions 1 and 3 have already applied or are in the process of applying the procedures in Articles 11 and 13 of the Radio Regulations for the feeder links to their broadcasting-satellite space stations and that, for this reason, the planning of feeder links for Regions 1 and 3 is becoming urgent;

instructs the Administrative Council

1.   to consider the question of feeder links with a view to including in the agenda of the First Session of the World Administrative Space Radio Conference scheduled for 1985, the planning of the bands allocated to the Fixed-satellite service and reserved exclusively for feeder links for the broadcasting-satellite service *;

2.   to provide the IFRB with appropriate guidelines relating to the tasks to be performed in order to enable the Conference to carry out the planning of the bands.

* The fixed-satellite service bands which in Regions 1 and 3 are reserved exclusively for feeder links to broadcasting-satellites are as follows:

-for Region 1: 10.7-11.7 GHz

14.5 – 14.8 GHz (for countries outside Europe and for Malta)

17.3 -18.1 GHz

– for Region 3: 14.5 – 14.8 GHz 17.3-18.1 GHz

RESOLUTION No. 9

Use by the Broadcasting Service of the Bands Additionally Allocated to This Service by WARC-79

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that the bands 9 775 – 9 900 kHz, 11 650 – 11 700 kHz, 11 975 – 12 050 kHz, 13 600 – 13 800 kHz, 15 450 – 15 600 kHz, 17 550 – 17 700 kHz and 21 750 – 21 850 kHz are allocated to the fixed service on a primary basis subject to the procedure described in Resolution No. 8 of the World Administrative Radio Conference, Geneva, 1979;

b)   that the use of these bands by the broadcasting service shall be subject to provisions to be established by the World Administrative Radio Conference for the planning of HF bands allocated to this service;

c)   that within these bands broadcasting stations shall not be brought into service before the date of completion of satisfactory transfer, according to the procedures described in Resolution No. 8 of the World Administrative Radio Conference (1979), of all assignments to the stations in the fixed service operating in accordance with the Table of Frequency Allocations and other provisions of the Radio Regulations, which are recorded in the Master Register and which may be affected by broadcasting operations;

resolves

1.   that administrations shall comply strictly with the provisions of No. 531 of the Radio Regulations;

2.   that broadcasting stations in the bands referred to above shall not be operated until planning is completed and the conditions stipulated in No. 531 of the Radio Regulations are fulfilled;

instructs the International Frequency Registration Board

1.   to draw the attention of all administrations to this Resolution;

2.   to collaborate with all administrations in carrying out monitoring of these bands with a view to detecting any emissions from stations in the broadcasting service operating in violation of No. 531;

3.   to publish the monitoring data thus collected and take appropriate follow-up action.

RESOLUTION No. 10 World Administrative Telegraph and Telephone Conference

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

noting

a)   that, as a result of the recent development of technology, new telecommunication services have been and will continue to be introduced;

b)   that the Telephone Regulations (Geneva, 1973) deal only with the international telephone service;

c)   that the Telegraph Regulations (Geneva, 1973) deal mainly with the international telegram service;

considering

a)   that it is advisable to establish, to the extent necessary, a broad international regulatory framework for all existing and foreseen new telecommunication services;

b)   that the introduction and utilization of the new telecommunication services have given rise to a series of new problems relating to telecommu­nications;

considering further

that the International Telecommunication Union, as the sole special­ized agency responsible for telecommunications, should take the necessary action to deal with these problems;

resolves

that a World Administrative Telegraph and Telephone Conference shall be convened immediately after the CCITT Plenary Assembly in 1988 to consider proposals for a new regulatory framework to cater for the new situation in the field of new telecommunication services;

instructs the International Telegraph and Telephone Committee

to prepare proposals for this purpose and to submit them to the CCITT Plenary Assembly in 1988 for subsequent consideration by the above-mentioned Conference;

instructs the Administrative Council

to establish the agenda of this World Administrative Conference and to make preparations for convening it.

RESOLUTION No. 11 Updating of Definitions (Annex 2 to the Convention)

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that Annex 2 to the Convention contains definitions of certain terms used in the Convention and in the Administrative Regulations;

b)   that as a result of technical progress and the development of operating methods, it might be desirable to revise some of these defini­tions;

having noted

that the CCIR and the CCITT have instructed the CCIR-CCITT Joint Study Group on Vocabulary to examine possible changes which it might be desirable to make in the definitions contained in the Regulations and in the Convention;

instructs the Administrative Council

in preparing the agenda for an administrative conference, to provide that any changes to definitions within the competence of the conference which are also in Annex 2 to the Convention shall be submitted to the Administrative Council for onward transmission to the Plenipotentiary Conference for any action the latter may deem appropriate.

RESOLUTION No. 12

Meetings Dealing With the Development of National Frequency Management

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

a)   that in Resolutio
n No. 7, the WARC-79 resolved that meetings shall be organized between representatives of the IFRB, the CCIR and the personnel involved in frequency management matters from administrations of developing and developed countries;

b)   that such meetings shall be aimed at designing standard structures suitable for administrations of developing countries and include discussions concerning the establishment and operation of radio frequency manage­ment units;

c)   that such meetings should also identify the particular needs of developing countries in establishing such units, and means required to meet those needs;

d)   the measures outlined in Administrative Council Document No. 5788/CA37 by the IFRB and the Director of the CCIR including arrangements for a first meeting to be held in Geneva following the IFRB Seminar in 1983;

considering

that the first meeting in 1983 should not only consider the priority elements of standard structures for national frequency management units but that it can also provide guidelines as to the needs for the further meetings pursuant to Resolution No. 7;

recognizing

that the time available did not permit a detailed study of the alterna­tives suggested by the IFRB and the Director of the CCIR;

resolves

1.   that efforts should be increased to achieve the objectives of WARC-79 Resolution No. 7 as outlined above;

2.   that a more detailed programme shall be developed jointly by the IFRB and the Director of the CCIR, using the suggestions made at this Conference as a guideline, to be submitted to the 1983 session of the Administrative Council;

instructs the Administrative Council

having considered the joint report by the IFRB and the Director of the CCIR, to make funds available for the further meetings necessary for the successful completion of the programme;

invites administrations

to respond favourably to any requests for assistance in carrying out this important programme.

RESOLUTION No. 13

Issues Concerning the Vote During the Plenipotentiary Conference of the International Telecommunication Union (Nairobi, 1982)

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that the Islamic Republic of Mauritania, being in arrears in its payments to the Union with a total amount of 389,062.45 Swiss francs, informed the Union by cable dated 1 October 1982 that the Central Bank of Mauritania has received order to pay to the Union, as part of Maurita­nia’s contributions due to the Union, the equivalent of 4,500,000. — Ouguiya; at the receipt of the equivalent amount in Swiss francs by the Union the Islamic Republic of Mauritania will regain its right to vote;

considering further

that the Central African Republic, having been in arrears in its payments to the Union with a total amount of 629,909.95 Swiss francs, has, despite the difficulties encountered and described in Document No. 126 of the present Conference, made a financial effort by paying on the afore-mentioned total amount the amount of 135,045.75 Swiss francs, representing its contribution for 1980 and partially 1981, which have been received at the seat of the Union;

resolves

1.   that, without prejudice to the applicability of the other relevant provisions of the Convention in force, the Islamic Republic of Mauritania and the Central African Republic may vote at the present Conference;

2.   that the present Resolution shall under no circumstances be taken as a precedent in future conferences, meetings and consultations of the Union.

RESOLUTION No. 14

Exclusion of the Government of the Republic of South Africa From the Plenipotentiary Conference and From all Other Conferences and Meetings of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

a)   the Charter of the United Nations and the Universal Declaration of Human Rights;

b)   Resolution No. 45 of the Plenipotentiary Conference of the Inter­national Telecommunication Union (Montreux, 1965) relating to the exclu­sion of the Government of the Republic of South Africa from the Plenipotentiary Conference;

c)   Resolution 2145(XXI), 27 October 1966, of the United Nations General Assembly on the question of Namibia;

d)   Resolution 2396(XXIII), 2 December 1968, of the United Nations General Assembly on the apartheid policy of the Government of the Republic of South Africa;

e)   Resolution 2426(XXIII), 18 December 1968, of the United Nations General Assembly calling on all specialized agencies and all international institutions to take the necessary steps to cease all financial, economic, technical or other assistance to the Government of the Republic of South Africa until it renounces its policy of racial discrimination;

f)    Resolution No. 6 of the World Administrative Telegraph and Telephone Conference (Geneva, 1973) concerning the participating of the Government of South Africa in ITU Conferences and meetings;

g)   Resolution 36/121, 10 December 1981, of the United Nations General Assembly relating to “action by intergovernment and non-govern­ment organizations with respect to Namibia”;

h)   the provisions of Resolution No. 619 of the Administrative Council of the International Telecommunication Union declaring that the Government of the Republic of South Africa no longer has the right to represent Namibia within the Union;

i)    Resolution No. 31 of the Plenipotentiary Conference of the Inter­national Telecommunication Union (Malaga-Torremolinos, 1973) relating to the exclusion of the Government of the Republic of South Africa from the Plenipotentiary Conference and from all other conferences and meet­ings of the Union;

resolves

that the Government of the Republic of South Africa shall continue to be excluded from the Plenipotentiary Conference and from all other conferences and meetings of the International Telecommunication Union.

RESOLUTION No. 15

Approval of the Agreement Between the Government of Kenya and the Secretary-General of the Union Concerning the Plenipotentiary Conference (Nairobi, 1982)

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that, by virtue of Administrative Council Resolution No. 83 (amended), an Agreement was concluded between the Government of Kenya and the Secretary-General of the Union relating to the arrange­ments to be made for the organization and financing of the Nairobi Plenipotentiary Conference;

b)   that the Administrative Council has taken note of the Agreement;

c)
   that the Budget Control Committee of the Conference has examined the Agreement;

resolves

to approve the Agreement concluded between the Government of Kenya and the Secretary-General.

RESOLUTION No. 16

Participation of the Union in the United Nations Development Programme (UNDP) and in Other Programmes of the United Nations System

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

section 5.2 of the Report of the Administrative Council (Document No. 65), the separate report on the implementation of resolutions, etc. relating to the technical cooperation activities of the Union (Document No. 46) and the separate Report on the Future of ITU Technical Coopera­tion Activities (Document No. 47);

having endorsed

the action taken by the Administrative Council in application of Resolution No. 16 of the Plenipotentiary Conference (Malaga-Torremo- linos, 1973) as regards participation. of the Union in the United Nations Development Programme (UNDP);

having expressed

its appreciation of the consideration given by the UNDP to the development of telecommunications;

resolves

1. that the Union shall continue its full participation in the UNDP, within the framework of the Convention and under the conditions estab­lished by the UNDP Governing Council or by other competent bodies of the United Nations system;

2.   that the administrative and operational service costs resulting from the Union’s participation in the UNDP shall be included in a separate part of the budget of the Union, on the understanding that the support cost payments from, the UNDP shall be included as income in that part of the budget;

3.   that the support cost payments received from the UNDP shall not be taken into consideration in fixing the limits of the Union’s ordinary budget;

4.   that the Union’s auditors shall check all the expenditures and income relative to participation of the Union in the UNDP;

5.   that the Administrative Council shall also examine these expendi­tures and take whatever steps it deems appropriate to ensure that the funds thus assigned by the UNDP are used exclusively for administrative arid operational services costs;

instructs the Secretary-General

1.   to present each year to the Administrative Council a detailed report on the participation of the Union in the UNDP;

2.   to submit to the Administrative Council such recommendations as he may deem necessary to improve the efficiency of this participation;

instructs the Administrative Council

1.   to take all necessary measures to ensure the maximum efficiency of the Union’s participation in the UNDP;

2.   to take into account the decisions of the Governing Council of the UNDP with regard to support cost payments for the executing agencies, when establishing the credits required to cover the total administrative and service costs to be incurred as a result of the Union’s participation in the UNDP.

RESOLUTION No. 17

Inter-Country Projects Financed by the United Nations Development Programme (UNDP) in the Field of Telecommunications

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

emphasizing

that, to a large extent, telecommunication services are of an inter- country nature needing the same degree of sophistication in regard to technical facilities and to staff training in all countries to achieve successful operation of international circuits and for the management of the radio frequency spectrum;

recognizing

that in many of the developing countries the national resources in respect of equipment, operational arrangements and national staff are not yet of a sufficiently high standard to ensure telecommunication services of an acceptable quality and at reasonable rates;

expressing the opinion

a)   that a certain amount of well-functioning telecommunication installations for domestic and international services is a basic requirement for any country, irrespective of its stage of technical and economic advancement; and

b)   that the UNDP and particularly its inter-country programme is a valuable means of assisting the developing countries to improve their telecommunication services;

expressing its appreciation

of the consideration given to this matter in certain regions by the UNDP in making available to the ITU allocations for inter-country projects of technical cooperation to developing countries;

resolves to invite the UNDP

with a view to increasing the technical cooperation in the telecommu­nication sector and thereby contributing significantly to an accelerated pace of integration and development, to consider favourably an increase of the allocations to inter-country projects of assistance and to sectoral support activities in this sector;

invites Member administrations

to inform the governmental authority responsible for coordinating external aid to their countries of the contents of this Resolution and to stress the importance the Conference attaches to it;

invites those Members of the Union which are also Members of the

Governing Council of the UNDP

to take account of this Resolution in that Council.

RESOLUTION No. 18

Budgetary and Organizational Aspects of Technical Cooperation and Assistance of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

taking account

of the provisions of the Convention concerning the technical coopera­tion and assistance function to be performed by the Union for the benefit of the developing countries;

considering

a) the importance of telecommunications for the economic and social development of mankind;

b)   that the Member countries, whether developing or developed, recognize the need to cooperate for the purpose of establishing a world­wide telecommunication network serving the general interest;

c)   that the imbalance between the level of development of the developing and developed countries is constantly increasing;

d)   that the Union is the most appropriate international forum for the study of all kinds of problems connected with telecommunications, and in particular for coordinating most of the resources assigned to technical cooperation and assistance in the field of telecommunications;

e)   that one of the main purposes of the Union is to promote internatio
nal cooperation among Members in the field of telecommunica­tions and emphasize the particular importance of assistance to developing countries;

f)    that some of the objectives for the Union in technical cooperation and assistance should be:

i)    to seek greater appreciation of the role of telecommunication in a balanced programme of economic development;

ii)   to promote training in all activities connected with the deve­lopment of telecommunications;

Hi) to take all such action as necessary within the ambit of the Union to help countries become self-reliant;

iv)  to encourage cooperation among developing countries in order that they could set up a lasting programme of mutual assistance;

v)   to promote the transfer of resources and technology for the benefit of all Members, in particular to the developing coun­tries;

vi)  to provide assistance for the development of telecommunica­tions in rural areas;

decides

1. to continue Union participation in the programmes of the United Nations system and other programmes;

2. to reinforce the operational capacity of the Union to provide technical cooperation and assistance for the benefit of the developing countries;

3. to agree the list of technical cooperation and assistance activities which could possibly be taken into consideration for funding from the ITU’s own resources, as follows:

—  Services of the Group of Engineers

—  Services of the Training Division, including the CODEVTEL activity (Training Standards)

—  Short-term missions — specialists and Group of Engineers

—  Logistic support for seminars

—  Fellowship programme to participate in ITU seminars (e.g. IFRB seminars) and in CCI Study Group meetings

—  Regional presence

—  Services of the Head of the Technical Cooperation Department and his office

—  Logistic support for the voluntary programme of technical cooper­ation

—  Special assistance for the Least Developed Countries

—  Provision of common services for technical cooperation activities

—  Identification of benefits of telecommunications for development

—  Follow-up action on the recommendations and decisions taken by conferences and meetings of the Union for the benefit of deve­loping countries

—  ITU publications

—  World Communications Year

—  Review of ITU technical cooperation and assistance activities

—  Resources to promote technical cooperation among developing countries

—  Any other activities that the Administrative Council considers appropriate;

4. that increases in demands upon the regular budget of the Union that will occur from expansion of technical cooperation and assistance activities should be found, whenever possible, by effecting economies elsewhere within the budget;

instructs the Secretary-General

1.   to review the existing technical cooperation and assistance activi­ties of the Union;

2.   to review the organization and structure of the Technical Coopera­tion Department and submit proposals for the improvement of its manage­rial capability so as to enable the Union to contribute to the development process in the most effective and economic manner practicable, in confor­mity with the decision of the Plenipotentiary Conference;

3.   to submit to the Administrative Council as soon as possible a detailed report on the immediate changes required to attain the objectives in 2 above;

4.   to submit each year to the Administrative Council the draft technical cooperation and assistance programme for the following year together with a detailed report on the implementation of the previous year’s programme, accompanied by qualitative and quantitative assess­ments of the difficulties encountered;

5.   to submit to the 1983 Administrative Council a detailed draft programme for the technical cooperation and assistance activities decided upon by the Plenipotentiary Conference. In particular, each activity listed under decides above should be described in such a way as to enable the Council to assess the effectiveness, degree of priority and costs of its implementation;

instructs the Administrative Council

1. to establish an advisory committee of the Administrative Council without additional expense to the Union, for the purpose of considering how the priorities of the Union for technical cooperation and assistance can be achieved within available resources;

2.   to study in detail the organization and management of the Union technical cooperation and assistance activities so as to:

2.1 identify the functions arising from Union participation in the programmes of the United Nations System and other programmes;

2.2 define the functions of the permanent organs of the Union in connection with technical assistance to the developing coun­tries;

3.   to reorganize, in the light of the foregoing, the Technical Coopera­tion Department and define the role assigned under the Convention to the Secretary-General with a view to the effective and economical performance of the tasks referred to above;

4.   to provide funding within the regular budget for technical assis­tance activities of the permanent organs of the ITU, consistent with the purposes of the Union;

5.   to prepare for the information of all administrations an annual report on the progress of the Union’s technical cooperation and assistance activities.

RESOLUTION No. 19 Special Voluntary Programme for Technical Cooperation

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

a)   the central role of improved telecommunications in the achieve­ment of balanced economic and social development;

b)   the interest of all telecommunication administrations and operating agencies in fostering the most rapid possible expansion of world-wide networks based on well-developed national telecommunication networks;

and in particular

c) the requirement for specific technical assistance in many countries in order to improve the capacity and efficiency of their telecommunication equipment and networks, and thereby narrow the large gap between the developing and developed countries;

considering

that the funds within the regular budget for technical cooperation and assistance activities of the permanent organs of the ITU are not sufficient to cover the needs of the developing countries to improve thei
r national networks;

considering also

that the Union can play a very useful catalytic role in identifying development projects and bringing them to the attention of bilateral and multilateral programme managers with a view to a better matching of resources to needs;

resolves

to set up a special voluntary programme for technical cooperation based on contributions in currency, training services, or in any other form to meet as much of the telecommunication needs of developing countries as possible;

urges Member countries, their recognized private operating agencies,

scientific or industrial organizations and other entities and organizations

in close collaboration with the Union, to make technical cooperation available in whatever form is required to meet the telecommunications needs of the developing countries more effectively;

instructs the Secretary-General

1. to take immediate steps to ascertain the specific types of technical cooperation and assistance required by developing countries and suited to this special voluntary programme;

2.   actively to seek wide support for the programme and regularly to publish the results for the information of all the Members of the Union;

3.   within the existing resources of the Technical Cooperation Depart­ment, to establish the necessary regulations, management structure, frame­work and procedures to administer and coordinate the programme;

4.   to take the necessary steps to ensure proper integration of this programme with other technical cooperation and assistance activities;

5.   to submit to the Administrative Council an annual report on the development and management of the programme;

instructs the Administrative Council

to review the results achieved by the programme and take all steps necessary to promote its continued success.

RESOLUTION No. 20

Establishment of the Independent International Commission for World-Wide Telecommunications Development

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

the fundamental importance of communications infrastructures as an essential element in the economic and social development of all countries as recalled by United Nations General Assembly Resolution 36/40;

convinced

that the proclamation of 1983 as “World Communications Year: Development of Communications Infrastructures” provides the opportunity for all countries to undertake a comprehensive review and analysis of their policies on communications development and stimulate the development of telecommunications infrastructures;

recalling

the significant contribution made by the Independent Brandt Commis­sion on International Development Questions to the dialogue on world economic issues;

, noting

the broad consensus of the International Commission for the Study of Communication Problems (the McBride Commission) on the common interest in accelerated development of telecommunications infrastructures;

noting with concern

that notwithstanding the importance of communications and informa­tion transfer dependent on telecommunications infrastructure for social, economic and cultural development, a relatively low level of resources has so far been allocated to telecommunications development by international aid and investment organizations;

resolves

1.   that an International Commission for World-Wide Telecommuni­cations Development shall be established;

2.   that this Commission shall be completely independent and consti­tuted of members of the highest international reputation serving on a voluntary basis;

3.   that the expenses of the Commission. shall be financed from independent non-commercial sources;

instructs the Secretary-General

1.   after prior consultation and in cooperation with Member govern­ments to propose a list of 15 to 20 representatives of the highest decision­makers from administrations, operating agencies, and industry in the developing and developed countries as well as the major financial institu­tions (including the development banks and the UNDP) and other appro­priate entities, also seeking as good a representation of all the regions of the world as possible;

2.   to report on the action taken to the 1983 session of the Adminis­trative Council;

instructs the Administrative Council

1.   to consider the report of the Secretary-General and to take action to constitute the Commission as well as any steps it considers necessary to enable the Commission to discharge its functions;

2.   to transmit to the Commission the following mandate:

2.1 to examine the totality of existing and possible future rela­tionships between countries in the field of telecommunica­tions involving technical cooperation and a transfer of resources in order to identify the most successful methods of such transfer;

2.2 to recommend a range of methods including novel ones for stimulating telecommunication development in the developing world using appropriate and proven technologies in ways which:

a)   serve the mutual interest of governments, operating companies, the public and specialized user groups in the developing world and of the public and private sectors in the developed countries; and

b)   lead to progressive achievement of self-reliance in the developing world and the narrowing of the gap between the developing and developed countries;

2.3 to consider the most cost-effective way in which the Union could stimulate and support the range of activities that might be necessary to achieve a more balanced expansion of tele­communication networks;

2.4 to complete its work in about a year’s time;

2.5 to submit its report to the ITU Secretary-General.

resolves further

that the Administrative Council review the report and, as far as matters necessitating action by the Union are concerned, initiate any action that it considers appropriate.

RESOLUTION No. 21

Review of the Overall Management and Operation of Technical Cooperation and Assistance Activities

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   the need to maximize the use of resources devoted to technical cooperation and assistance;

b)   the increasing needs of the developing countries for technical cooperation and assistance;

c)   the recent
changes in the structure of assistance from the United Nations Development Programme;

d)   the need to achieve an integrated work programme for the various technical cooperation and assistance activities;

e)   the recommendations of the Administrative Council in its separate report on the Future of ITU Technical Cooperation Activities (Document No. 47);

f)    the Secretary-General’s Report on the Organization and Methods of the Technical Cooperation Department (Document No. 5816/CA37 of the Administrative Council);

keeping in mind

a)   that it adopted several resolutions describing various activities and objectives in the field of technical cooperation and assistance;

b)   that the most integrated possible expansion of national telecommu­nication networks in developing countries is necessary;

c)   that technical cooperation and assistance should enhance the implementation of appropriate technology in developing countries;

d)   that transfer of technology and knowledge should promote self- reliance in planning, operations and maintenance, including the production of telecommunication equipment;

e)   that the application of new technologies, if implemented at the right development stage, may be beneficial to developing countries, provided that due consideration is given to its effective technical and economic integration with the existing system;

recognizing and appreciating

a)   the valuable service rendered to Members of the Union by the Technical Cooperation Department;

b)   the efforts of the Secretary-General to implement many of the recommendations contained in his Report;

decides

1.   to undertake a review of the overall management and operation of Union activities in the field of technical cooperation and assistance;

2.   to adapt the management and operations of the Union’s perma­nent organs so as to carry out the technical cooperation and assistance programmes using available resources in the most efficient and cost-effec­tive possible way;

instructs the Administrative Council

1.   to establish, at minimum feasible cost, an independent study team to conduct such a review;

2.   to direct the team to submit its final report and recommendations to the 1985 session of the Council;

3.   to direct the team to consider all aspects of the Union’s activities which promote technical cooperation and assistance to developing coun­tries, particularly those not reviewed in the Secretary-General’s report;

4.   to direct the team to recommend any changes in the staffing and operation of these activities which would increase their effectiveness;

5.   to consider the final report and recommendations of the team and to forward these to Members, together with its own conclusions;

6.   to take such action on the recommendations as it considers appropriate;

7.   to report on this subject to the next Plenipotentiary Conference;

invites Members of the Union

to cooperate fully in the activities of the study team and assist the Administrative Council in conducting this review, and in particular, to make available to the Council and the study team qualified experts in management and other relevant fields to assist in the review at no cost to the Union;

instructs the permanent organs

to afford the study team all assistance required for the successful completion of the review.

RESOLUTION No. 22

Improvement of Union Facilities for Rendering Technical Assistance to Developing Countries

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having taken note

of the separate reports of the Administrative Council on the imple­mentation of resolutions, etc., relating to the Technical Cooperation Activi­ties of the Union (Document No. 46) and on The Future of ITU Technical Cooperation Activities (Document No. 47);

appreciative of

the technical assistance rendered to developing countries in pursuance of Resolution No. 17 of the Plenipotentiary Conference (Malaga-Torremo- linos, 1973);

considering

a)   that the volume of the Union’s technical assistance needs to be further increased and the quality improved;

b)   that in many cases the developing countries, and in particular the newly independent countries, need advice of a highly specialized nature and that such advice must often be obtained at short notice;

c)   that technical knowledge and experience of great value to the developing countries is obtainable from or through the International Consultative Committees and from the International Frequency Registra­tion Board (IFRB);

resolves

1. that duties of the Group of Engineers of the Technical Coopera­tion Department shall be expanded to cover specialities such as switching, network planning, microwave and satellite communication, transmission, radio broadcasting, television and telecommunication power plants;

The duties of the Group of Engineers will be:

1.1 to work with the specialized secretariats of the International Consultative Committees and the IFRB in providing informa­tion and advice on subjects of importance to developing countries for the planning, organization and development of their telecommunication systems;

1.2 to give prompt and constructive advice, either by correspon­dence or by mission, in response to practical questions addressed to it by developing countries, Members of the Union;

1.3 to provide an opportunity for expert and high-level consulta­tion for senior personnel from developing countries visiting the seat of the Union;

1.4 to participate in seminars organized at the seat of the Union or elsewhere on specialized aspects of telecommunication problems;

2. that highly qualified specialists shall be recruited, as needed, for periods not normally exceeding one month at a time in order to comple­ment the expertise provided by the Group of Engineers;

instructs the Secretary-General

1.   to make a study of the volume and nature of requirements by developing countries for urgent advice of a highly specialized character;

2.   to submit a report to the Administrative Council:

2.1 indicating the specialities required for the Group of Engineers mentioned in resolves 1;

2.2 giving his appraisal of the volume and quality of the tech­nical assistance provided and mentioning any difficulties encountered in meeting the requests made by developing countries;

instructs
the Administrative Council

1.   to consider the Secretary-General’s report and to take all necessary measures;

2.   to include in the annual budget of the Union the credits necessary for the proper functioning of the Group of Engineers and a global amount to cover the estimated costs of the services of the short-term specialists mentioned in resolves 2;

3.   to follow closely the development of the volume and quality of the technical assistance provided by the Union in application of this Resolu­tion.

RESOLUTION No. 23

Recruitment of Experts for Technical Cooperation Projects

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   the importance of recruiting highly qualified experts for the successful conduct of the Union’s technical cooperation activities;

b)   the difficulties encountered in such recruitment;

having noted

a)   that in many countries which are the main sources of candidates for expert posts, the age of retirement is being steadily lowered while the health of the population improves;

b)   that the Union’s needs for well qualified experts and the condi­tions of their recruitment are not adequately known in the countries which are in a position to make available such experts;

c)   the separate report by the Administrative Council (Document No. 46) in application of Resolution No. 22 of the Plenipotentiary Confer­ence (Malaga-Torremolinos, 1973);

considering further

the great importance of strengthening technical cooperation among developing countries;

wishes to express

its gratitude to the administrations which have provided experts for technical cooperation projects;

invites the Members of the Union

1.   to make every possible effort to explore all sources of candidates for expert posts among the staffs of administrations, industry and training institutions, by giving the widest possible publicity to the information concerning vacancies;

2.   to facilitate to the maximum the secondment of the candidates chosen and their reintegration at the end of their mission so that their period of absence does not prove a handicap in their careers;

3.   to continue to offer, free of charge, lecturers and the necessary services for seminars organized by the Union;

invites the developing countries Members of the Union

to take particular account of candidates presented by other developing countries provided they meet the requirements;

instructs the Secretary-General

1.   to pay the greatest possible attention to the qualifications and aptitudes of candidates for vacant posts when drawing up lists of experts for submission to beneficiary countries;

2.   not to impose age limits on candidacies for expert posts but to make sure that candidates who have passed the retirement age fixed in the United Nations Common System are fit enough to perform the tasks listed in the vacancy notice;

3.   to establish, keep up to date and distribute a list of expert posts in the different specialities which it is foreseen will have to be filled during the next few years to come, accompanied by information on conditions of service;

4.   to establish and keep up to date a register of potential candidates for expert posts with due emphasis on specialists for short-term missions; this register will be sent to all Members on request;

5. to submit each year to the Administrative Council a report on the measures adopted in pursuance of this Resolution and on the evolution of the expert recruitment problem in general;

invites the Administrative Council

to follow with the greatest attention the question of expert recruitment and to adopt the measures it deems necessary to obtain the largest possible number of candidates for expert posts advertised by the Union for tech­nical cooperation projects on behalf of the developing countries.

RESOLUTION No. 24 Telecommunication Infrastructure and Socio-Economic Development

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

that the social and economic underdevelopment of a large part of the world is one of the most serious problems affecting not only the countries concerned but also the international community as a whole;

considering

a)   that telecommunication facilities and services are not only the outcome of economic growth, but a precondition of overall development;

b)   that the development of telecommunication infrastructure is an essential part of the national and international development process;

c)   that the spectacular technological progress achieved during the past decade has made communications faster and more reliable and has reduced operational costs and maintenance requirements;

stresses

the important supporting role played by telecommunications in the development of agriculture, health, education, transport, industry, human settlement, trade, transfer of information for social welfare and in the general economic and social progress of developing countries;

concerned

that the uneven penetration in the world of the two most familiar telecommunication services — telephony and radiobroadcasting — is one of the real obstacles to development in many countries and regions and a barrier to effective communication between the developed and developing world;

recalling

a)   that the “International Development Strategy for the Third Deve­lopment Decade” stipulates, inter alia, the tasks relevant to the ITU in promoting international development and specifies that “special attention should be given to overcome the bottlenecks and constraints of transport and communication facing the developing countries, particularly with a view to strengthening intra-regional and inter-regional links”;

b)   the decisions made by the United Nations General Assembly at its Seventh Special Session, as well as at its regular annual sessions, relating to the need for international strategies to accelerate progress in social and economic advancement in rural areas and Resolution 34/14 adopted in 1979 inviting the UN specialized agencies to strengthen their participa­tion in the achievement of the above objective;

c)   the decision by the United Nations in 1981 to proclaim 1983 as World Communications Year in order to stress the importance of telecom­munications infrastructure as both a precondition for and an integral part of economic and social development;

noting

a)   that although it is w
idely recognized that a well developed tele­communication system is a basic requirement of any modern economy, attempts in many developing countries to achieve a higher investment priority for this sector have not, in general, been successful;

b)   that one of the main obstacles to the development of telecommuni­cation infrastructure is under-investment in this sector — a situation for which the reasons are manifold but which is in particular due to insuffi­cient research, inadequate dissemination of information, and a lack of understanding within national planning ministries about the relationship between telecommunications and economic and social development;

c)   that research carried out so far on the benefits to be derived from telecommunications has generally revolved around analysis of input-output tables and correlation of GNP, telephone density and other variables without, however, explaining the causation;

appreciative

of the Union’s initiative in undertaking, in collaboration with the Organisation for Economic Cooperation and Development (OECD), studies on the contribution of telecommunications to economic and social development, with special emphasis on the problems of integrated rural development, and of the additional voluntary financing for the conduct of such studies;

recognizing

the necessity of providing governments, administrations, decision­makers, economists, financial and other institutions and organizations concerned with development work with the results of comprehensive studies on the direct and indirect benefits of investment in telecommunica­tion infrastructure and the relationship between the growth of telecommu­nication services and socio-economic development in general, so as to enable developing countries to better assess their own development priori­ties and give the necessary priority to telecommunications;

decides

that the Union should continue to organize and carry out such studies, closely integrating this effort with the overall programme for technical cooperation and assistance activities;

invites

the administrations and governments of Member States, agencies and organizations of the United Nations system, non-governmental and inter­governmental organizations, financial institutions and providers of tele­communication equipment and services to extend their support for the satisfactory implementation of this Resolution;

urges

the UNDP, including its secretariat and field representatives as well as both donor and recipient Member States, to give greater appreciation to the importance of telecpmmunications in the development process, with a view to ensuring that an appropriate share of UNDP resources is made available for the telecommunications sector;

requests the Secretary-General

1.   to bring this Resolution to the attention of the United Nations General Assembly and to provide the Assembly with regular reports on the progress and results of the research on this matter;

2.   to bring this Resolution also to the attention of all other interested parties, in particular the UNDP, the International Bank for Reconstruction and Development (IBRD), regional development banks, and national deve­lopment funds for cooperation;

3.   to report annually to the Administrative Council on the progress made in the implementation of this Resolution;

requests the Administrative Council

1.   to review the Secretary-General’s reports and take appropriate measures to permit the implementation of this Resolution;

2.   to report on the matter to the next Plenipotentiary Conference.

RESOLUTION No. 25

Application of Science and Telecommunication Technology in the Interest of Developing Countries

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

the provisions of various resolutions adopted by the Economic and Social Council and by the General Assembly of the United Nations for the purpose of expediting the application of science and technology in the interest of developing countries;

considering

that the International Telecommunication Union should, in its own field, associate itself in every way possible with efforts being thus under­taken by the organizations of the United Nations family;

having noted

the separate report of the Administrative Council (Document No. 46) on the action taken in application of Resolution No. 18 of the Plenipoten­tiary Conference (Malaga-Torremolinos, 1973);

instructs the Administrative Council

to take the necessary measures, within the limit of the available resources, to ensure that the Union:

1.   cooperates to the greatest extent possible with the appropriate organs of the United Nations;

2.   contributes to the greatest extent possible to expediting the transfer to, and assimilation in, the developing countries of the scientific knowledge and technological experience in telecommunication, which are available in technically more advanced countries, by the publication of appropriate handbooks and other documents;

3.   bears this Resolution in mind in its technical cooperation activities in general.

RESOLUTION No. 26

ITU Regional Presence

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

a)   the important role the ITU plays in the promotion and develop­ment of telecommunications networks and services in all Member coun­tries;

b)   the contribution which the activities of the Union in the area of technical cooperation and assistance make towards the achievement of this objective in developing countries;

c)   the need for close and continuing contacts between the Union and all countries in the various geographical regions and the interactive benefits thereof;

d)   the necessity of responding adequately to the growing require­ments of individual countries, sub-regions and regions in regard to infor­mation, advice and assistance in the realm of telecommunications;

e)  that in carrying out these activities, all the permanent organs would have to play their appropriate role;

f)    that the Union’s role as executing agency of the United Nations Development Programme is an essential component in the achievement of these objectives;

g)   that these objectives are already being furthered by regional advisers and experts on behalf of the Union;

h)   that the pace of development of telecommunication services of the developing countries in various regions needs to be accelerated in future years;

considering

a) that the separat
e report of the Administrative Council on the “Future of ITU Technical Cooperation Activities” (Document No. 47) has highlighted the importance of adopting measures to ensure a strengthened and more effective regional presence;

b) the need for the Union to comply with United Nations guidelines concerning the regional presence of specialized agencies of the United Nations;

resolves

as a principle, that a stronger presence of the Union is required in the regions to increase the efficacy of its assistance to Member countries and especially the developing ones;

instructs the Secretary-General

1.   to carry out the necessary cost/benefit and organizational studies, including studies of the Technical Cooperation Department of the Union with the objective of achieving a strengthened regional presence which will be as economical as possible and at the same time improve the effective­ness of the Union’s activities;

2.   to submit a report including recommendations to the 1983 session of the Administrative Council as early as possible, and not later than 1 March 1983;

instructs the Administrative Council

1.   to consider the report of the Secretary-General;

2.   to consult Member administrations about its provisional conclu­sions;

3.   on the basis of these consultations, to take appropriate steps to implement the recommendations with due regard to the Union’s budgetary constraints while taking into account the United Nations guidelines concerning the regional presence of specialized agencies;

4.   to evaluate continually the efficiency of the gradually increasing regional presence as part of its ongoing management of the Union’s activities.

5.   to submit a report to the next Plenipotentiary Conference on the results achieved and difficulties encountered in the implementation of this Resolution.

RESOLUTION No. 27 Special Measures for the Least Developed Countries

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

the United Nations General Assembly Resolution 36/194 of 17 December 1981, which adopted the “Substantial New Programme of Action for the 1980s for the Least Developed Countries” established by the United Nations Conference on the Least Developed Countries (Paris, September 1981) and the separate report (Document No. 48) by the Admi­nistrative Council in application of Resolution No. 19 of the Plenipoten­tiary Conference (Malaga-Torremolinos, 1973);

recognizing

the importance of telecommunications in the development of the countries concerned;

instructs the Secretary-General

1.   to continue to review the state of telecommunication services in the least developed countries identified by the United Nations and needing special measures for telecommunication development;

2.   to report his findings to the Administrative Council;

3.   to propose concrete measures calculated to bring about genuine improvements and provide effective assistance to these least developed countries from the Special Voluntary Programme for Technical Coopera­tion, the Union’s own resources and other sources;

4. to report annually on the matter to the Administrative Council;

instructs the Administrative Council

1.   to consider the above-mentioned reports and take appropriate action so that the Union may continue to display its active interest and cooperation in the development of telecommunication services in these countries;

2.   to make appropriations for the purpose from the Special Volun­tary Programme for Technical Cooperation, the Union’s own resources and other sources;

3.   to keep the situation under constant review and to report on the matter to the next Plenipotentiary Conference.

RESOLUTION No. 28 Seminars

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

a)   that for the staff of telecommunication administrations, particu­larly in the new or developing countries, seminars are a very valuable means of acquiring knowledge of the latest developments in telecommuni­cation techniques and of comparing experience;

b)   that this ITU activity should be continued and expanded;

having noted

the separate report of the Administrative Council (Document No. 46) on the action taken in application of Resolution No. 25 of the Plenipoten­tiary Conference (Malaga-Torremolinos, 1973);

thanks administrations

which have already organized or which intend to organize seminars and which provide at their own expense qualified lecturers or discussion leaders for this purpose;

urges administrations

to continue and intensify their eforts in this direction in coordination with the Secretary-General;

instructs the Secretary-General

1.   to coordinate the efforts of the Members of the Union which plan to organize seminars with a view to avoiding duplication and overlapping, paying particular attention to the languages used;

2.   to ascertain and provide information on the subjects which should be dealt with by seminars;

3.   to promote or to organize seminars within the limits of available funds;

4.   constantly to improve the effectiveness of these seminars in the light of experience;

5.   to make inter alia the following arrangements:

5.1 publish the preliminary and final documents of seminars and forward them in good time to the administrations and partici­pants concerned by the most appropriate means;

5.2 take appropriate action following these seminars;

6.   to submit an annual report to the Administrative Council and to make proposals to it with a view to ensuring the effective attainment of the objectives referred to above, bearing in mind the opinions expressed by the Conference and the available credits;

requests the Administrative Council

to take account of the recommendations of the Secretary-General and to ensure that appropriate credits are included in the annual budgets of the Union to permit the accomplishment of the tasks envisaged in this Resolu­tion.

RESOLUTION No. 29

Training Standards for Telecommunication Staff

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having examined

the question of the development of human resources for telecommuni­cations and the training of telecommunication staff on the
basis of the information provided in the relevant sections of the Report of the Admi­nistrative Council to the Plenipotentiary Conference (Document No. 65) and the following separate reports: Implementation of Resolutions, etc. relating to the Technical Cooperation Activities of the Union (Document No. 46), The Future of ITU Technical Cooperation Activities (Document No. 47) and Review of the State of Telecommunications in the Least Developed Countries and Concrete Measures for Telecommunication Deve­lopment (Document No. 48) as well as the UNDP/ITU CODEVTEL project (Document No. 175);

expresses its satisfaction

with the results so far achieved in the realization of the objectives set out in Resolution No. 23 of the Plenipotentiary Conference (Malaga-Torre- molinos, 1973);

notes with appreciation

the support extended to the Union in the implementation of the above Resolution by its Members and by the United Nations Development Programme;

considering

that the rapid and effective establishment of a connection and the maintenance of circuits require:

a) compatible equipment at both ends and at transit offices;

b) equivalent technical training and appropriate linguistic fluency of technical and operational personnel;

considering also the importance of

a)   further improving the quality of training of telecommunication personnel;

b)   establishing and disseminating training standards for the different categories of personnel involved in the construction, operation and mainte­nance of telecommunication equipment;

c)   the efficient coordination of training activities and course develop­ment at the national, regional and inter-regional levels in the light of the experience gained from the CODEVTEL project;

instructs the Secretary-General

for the purpose of attaining the objectives listed under the consider-

ings:

1. to continue to develop training standards, in particular:

1.1 by participating in research relating to training conducted by United Nations specialized agencies and by other organiza­tions;

1.2 by investigating the possibilities of utilizing modern training and telecommunication technology, especially in solving the training problems of developing countries;

1.3 by holding further meetings of the working group on training standards;

1.4 by continuing to organize meetings of manufacturers and users of telecommunication equipment and to elaborate the guidelines for training provided by manufacturers;

1.5 by updating and improving the Training Development Guide­lines, the ITU Reference Manual for Telecommunication

Training Centres and the Sharing System Manual, taking into account the experience gained through their application;

2.   to promote task-oriented training, to advise administrations, on request, on the most suitable training methods and to assist them in applying the recommended training methods;

3.   to contribute further to the training of staff responsible for tele­communication training (instructors, course developers and training managers) and to instruct ITU training experts in the use of current ITU training standards;

4.   to assist in the inter-regional coordination of telecommunication training activities, in particular:

4.1 by cooperating with regional telecommunication organiza­tions and with associated training organizations;

4.2 by promoting the creation of regional or sub-regional training and resource centres and the use in these centres of training methods and standards recommended by the ITU;

4.3 by facilitating the interchange of information and experience of personnel management and the management of training institutions;

5.   to develop and maintain an international system for the exchange of telecommunication training material and relevant information;

6.   to facilitate, within the framework of technical cooperation activi­ties, the exchange of instructors, trainees, technicians, training material and personnel between administrations;

7.   to maintain up-to-date information on the results achieved by the exchange system;

8.   to propose to the Administrative Council the organizational and staffing arrangements needed to attain the objectives specified in this Resolution;

instructs the Administrative Council

1.   to consider the recommendations submitted to it by the Secretary- General with a view to providing adequate means and credits to attain the objectives specified in this Resolution;

2.   to review at its annual sessions the arrangements and their deve­lopment and progress, and to take the necessary steps to ensure the attainment of the objectives of this Resolution;

convinced

of the importance of the development of human resources for telecom­munications and of the need for technical training to enable developing countries to accelerate the introduction and application of appropriate technology;

invites

all Members of the Union to participate and assist in the implementa­tion of this Resolution to the greatest possible extent.

RESOLUTION No. 30 ITU Training Fellowship Programme

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

that a similar level of technical competence throughout the world is important for successful global communications;

considering

a)   the importance to technical cooperation activities of providing highly applicable programmes to’ recipients of ITU Fellowships;

b)   the difficulties encountered in ensuring such applicability;

having noted that

a)   fellowship requirements delineated in nomination forms may vary from country to country for similar fields of training;

b)   the cost of specialized programmes is frequently high and, consequently, prohibitive to recipient countries having limited UNDP funds;

c)   candidates sometimes have insufficient knowledge of an appro­priate language to derive maximum benefit from a training programme;

wishes to express

its gratitude to the administrations which have provided fellowship programmes for technical cooperation projects;

urges donor countries

1.   to make every possible effort to identify sources of training for ITU Fellows in their administrations, industry and training institutions, by giving the widest possible publicity to information concerning the needs of reci
pient countries;

2.   to make every effort to provide programmes that address the needs of recipient countries and to keep the Secretary-General apprised of programmes that are available to meet these needs;

3. to continue to offer, at no cost or as little cost as possible to the Union, the most applicable training to fellowship holders;

urges the recipient countries

1.   to ensure that candidates have a working knowledge of the language in which the programme will be conducted, it being understood that in some cases special arrangements could be made with the host country;

2.   to ensure that candidates are briefed on the duration and content of their fellowship programmes as conveyed by the host country to the ITU;

3.   to ensure that candidates have familiarized themselves with the “Administrative Guide for ITU Fellows”;

4.   to utilize the Fellow upon return in the most appropriate manner so as to derive the maximum benefit from the training received;

instructs the Secretary-General

1.   to pay the greatest possible attention to consolidating similar needs when siibriiitting requests for fellowship programmes to host coun­tries;

2.   to develop and publish information describing a set of standar­dized training requirements at appropriate skill levels that will meet the typical needs of developing countries;

3.   to establish in accordance with specific technical cooperation projects a catalogue of associated fellowship requirements, based on esti­mates from recipient countries, which it is foreseen will have to be accommodated in the year to come; this catalogue will be available to all Members on request;

4.   to establish and keep up to date a catalogue of fellowship oppor­tunities that are available in host countries in the year to come; this catalogue will be available to Members on request;

5.   to submit requests for fellowship programmes to host countries as far as possible in advance of the time frame required for the programme;

invites the Administrative Council

to follow with great attention the question of providing the most applicable training to ITU Fellows in the most cost-effective manner.

RESOLUTION No. 31

Training of Refugees

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

a)   United Nations General Assembly Resolution 36/68 on the imple­mentation of the declaration on the granting of independence to colonial countries and peoples and other resolutions relevant to assistance to refugees;

b)   Administrative Council Resolutions No. 659 and No. 708;

c)   the separate report of the Administrative Council on Implementa­tion of Resolutions, etc. relating to the Technical Cooperation Activities of the Union (Document No. 46);

considering

the action taken to implement Resolution No. 24 of the’ Plenipoten­tiary Conference (Malaga-Torremolinos, 1973);

requests the Secretary-General

1.   to continue his efforts with a view to the application of the United Nations Resolution;

2.   to collaborate fully with the organizations concerned with the training of refugees, both within and outside the United Nations system;

invites administrations of Member countries

to do even more to receive certain selected refugees and to arrange for their training in telecommunications in professional centres or schools.

RESOLUTION No. 32 Assistance to the People of Chad

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

the provisions of Articles 2 and 4 of the Convention enunciating the desirability of participation by all States and identifying the need for international cooperation as one of the main purposes of the Union;

further considering

the provisions of Resolution No. 19   of the Malaga-Torremolinos Convention (1973) on special measures for the least developed countries which include the Republic of Chad;

taking note

of the specific situation of Chad, whose telecommunication Adminis­tration and infrastructures have suffered severe damage;

instructs the Secretary-General

1.   to identify the most appropriate ways and means of and take the necessary measures With a view to mobilizing multilateral and bilateral resources for the benefit of Chad in order to:

1.1 assist in the rehabilitation of its telecommunications network;

1.2 provide technical assistance for the reorganization of its Administration and training of its staff;

2.   to collaborate with all organizations concerned in the implementa­tion of the assistance programme for Chad;

3.   to submit regular reports to the Administrative Council on the action taken to implement this Resolution;

requests the Administrative Council

to study the reports of the Secretary-General and take all appropriate measures.

RESOLUTION No. 33

The Arthur C. Clarke Communication, Energy and Space Technology Training Centre

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   the information document submitted by the delegation of Sri Lanka on the Arthur C. Clarke Communication, Energy and Space Tech­nology Training Centre (Document No. 292);

b)   the decision of the United Nations Conference on the Exploration and the Peaceful Uses of Outer Space, concerning the promotion of greater cooperation in space, science and technology, through the organizations of the United Nations system, with particular emphasis on training activities, and the provision of technical advisory services;

recognizing

the difficulties experienced by the developing countries in closing the gap existing between developing countries in the development and applica­tion of telecommunications technology;

conscious of

the need to aid the developing countries in their endeavour to build up an indigenous capacity to profit from technological development in the field of science and telecommunications technology ;

aware of

the requirements for a greater effort in the training of scientific and technical personnel in the developing countries as an essential measure towards this end;

resolves

t
o commend the initiative of Sri Lanka in establishing the Arthur C. Clarke Communication, Energy and Space Technology Training Centre which, while recognizing the pioneering foresight of a remarkable man, will make available training and research facilities to technical personnel from developing countries;

requests all Members of the Union

to give favourable consideration to the request of Sri Lanka for assistance in the development of this Centre, either bilaterally or through the technical cooperation programme of the Union;

instructs the Secretary-General

to provide all possible assistance to the authorities of Sri Lanka within the limits of resources which may be made available for this purpose and to report on the activity undertaken to the Administrative Council;

instructs the Administrative Council

to consider the report submitted by the Secretary-General and to follow closely the progress in the development of the Arthur C. Clarke Communication, Energy and Space Technology Training Centre.

RESOLUTION No. 34

The Role of the International Telecommunication Union in the Development of World Telecommunications

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   the provisions of the International Telecommunication Convention (Nairobi, 1982) together with those of the Telephone Regulations, the Telegraph Regulations and the Radio Regulations annexed thereto;

b)   the recommendations of the CCIR and of the CCITT;

considering also

c)   that together these instruments are essential to provide the tech­nical foundations for the planning and provision of telecommunication services throughout the world;

d)   that the pace of technical development necessitates the continuing cooperation of all administrations and private operating agencies to ensure the world-wide compatibility of telecommunications;

e)   that the availability of modern telecommunications is vital to the economic, social and cultural progress of all countries;

recognizing

the interests of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Civil Aviation Organi­zation (ICAO), the International Maritime Organization (IMO), the Inter­national Organization for Standardization (ISO), the International Electro- technical Commission (IEC) and other specialized agencies in certain aspects of telecommunications;

accordingly resolves that the International Telecommunication Union should

1.   continue to work for the harmonization, development and enhancement of telecommunications throughout the world;

2.   ensure that all its work reflects the position of the ITU as the authority responsible within the United Nations family for establishing in a timely manner technical and operational standards for all forms of tele­communication and for effecting the rational use of the radio frequency spectrum and of the geostationary-satellite orbit;

3.   encourage and promote technical cooperation in the field of telecommunications among Members to the maximum possible extent.

RESOLUTION No. 35 International Programme for the Development of Communication

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

a)   the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on 10 December 1948;

b)   Resolutions 31/139 and 33/115 adopted by the United Nations General Assembly on 16 December 1976 and on 18 December 1978, respectively;

c)   the recommendations of the Intergovernmental Conference for Cooperation Activities, Needs and Programmes for Communication Deve­lopment (Paris, April 1980), and in particular Recommendation viii) of part III of the report of this Conference;

d)   Resolution No. 4.21 of the 21st Session of the United Nations Educational, Scientific and Cultural Organization (UNESCO) General Conference (Belgrade, 1980), establishing the International Programme for the Development of Communication (IPDC);

having noted

the report submitted by the Secretary-General (Document No. 54) at the request of the Administrative Council for consideration by the Plenipo­tentiary Conference with a view to establishing appropriate policy guide­lines for the Union’s participation in the activities in the International Programme for the Development of Communication (IPDC);

recognizing

a)   the importance of the cooperation between the Union and UNESCO for the effective development of the IPDC activities;

b)   the importance of providing adequate telecommunication infras­tructure to meet the objectives of such a programme;

c)   the necessity of maintaining continuous liaison between the Union and the various UNESCO units involved in the work of the IPDC;

reaffirming

the primordial role played in the field of telecommunications within the United Nations system by the Union, which is the main international forum for the consideration and promotion of international cooperation for the improvement and rational use of telecommunications of all kinds;

approves

the measures taken by the Administrative Council for the enhancement of the cooperation between the Union and UNESCO;

resolves

that the Administrative Council and the Secretary-General shall take appropriate measures for maintaining and supporting the Union’s partici­pation in the IPDC, including its Intergovernmental Council, this partici­pation also being directly related to the Union’s activities in rendering technical assistance to developing countries;

instructs the Secretary-General

1.   to report to the Administrative Council on the development of these activities;

2.    to bring this Resolution to the attention of the United Nations General Assembly, to the Intergovernmental Council of the IPDC and to the Director General of UNESCO;

instructs the Administrative Council

to study the reports submitted by the Secretary-General and to take appropriate action to assure technical support by ITU to the work of the IPDC by including in the annual budget of the Union appropriate credits for maintaining liaison with the Intergovernmental Council, the Secretariat of IPDC and the UNESCO units involved in the work of IPDC.

RESOLUTION No. 36

Collaboration with International Organizations Interested in Space Radiocommunications

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

mindful

of the numerous possibilities for the use of outer space for peaceful purposes in the international field;

considering

the increasing importance of the role that telecommunications, and in consequence the Union, are necessarily playing in this sphere;

recalling

the relevant articles of the Treaty on Principles Governing the Activi­ties of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies as well as the resolutions adopted by the United Nations General Assembly on international collaboration in the peaceful uses of outer space;

notes with satisfaction

a) the measures taken by the various organs of the Union with a view to ensuring the most effective possible use of all space radiocommuni­cation services;

,b) the progress made in the technology and use of space radiocom­munication;

calls upon the Administrative Council and the Secretary-General

to take the necessary steps to:

1.   continue to keep the United Nations and the specialized agencies concerned informed of progress in space radiocommunication;

2.   promote the continuance and development of collaboration between the Union and the specialized agencies of the United Nations and the international organizations interested in the use of space radiocommu­nication.

RESOLUTION No. 37

Participation of Organizations of an International Nature in the Activities of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

the proposal relating to the interpretation of the concept of an “international organization” (Document No. 64);

considering

that it did not have time to give adequate consideration to the problem of international organizations;

instructs the Secretary-General

1.   to review the status of the international organizations which participate in the activities of the Union;

2.   to submit to the 1983 session of the Administrative Council a proposal on the revision of the list of organizations of an international nature, apart from the United Nations, the organizations in the United Nations system and the regional telecommunication organizations, which should be considered as being covered by Article 40 and other related Articles of the Convention;

instructs the Administrative Council

1.   taking into account the discussions at the present Conference, to establish the level of participation in the activities of the Union of the organizations in the list referred to in the previous paragraph and of the other organizations of an international nature not included in that list;

2.   to decide in each case which organizations of an international nature may be exempted in accordance with the provisions of Article 79 of the Convention;

3.   to provide the Secretary-General with guidelines to be followed in dealing with a request for recognition as an “international organization” with a view to arranging for the consultation provided for under Article 68 of the Convention ;

further instructs the Administrative Council

1.   with the assistance of the Secretary-General, to study international legal practice, particularly as applied in the United Nations and organiza­tions in the United Nations system;

2.   to submit to the next Plenipotentiary Conference a report on the participation of organizations of an international nature in the activities of the Union, giving its conclusions on the matter.

RESOLUTION No. 38

Joint Inspection Unit

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

Resolution No. 33 of the Plenipotentiary Conference (Malaga-Torre­molinos, 1973);

having noted

a)   the separate report of the Administrative Council relating to the Joint Inspection Unit (Document No. 37);

b)   the United Nations General Assembly Resolution 31/192 of 22 December 1976;

considering

that it is appropriate that the International Telecommunication Union continue to benefit from the useful role played by the Joint Inspection Unit as an independent inspection and evaluation unit of the United Nations system;

resolves

to accept the Statute of the Joint Inspection Unit (JIU) as contained in the Annex to General Assembly Resolution 31/192 on the following under­standing:

1. since the basic instrument of the Union, the International Tele­communication Convention, does not provide any mechanism for the JIU to become a subsidiary organ of the legislative organs of the Union as specified in paragraph 2 of Article 1 of the JIU Statute, the JIU shall continue to be recognized by the Union as the competent body of the United Nations system in its particular field of activity and responsibility as specified in the substantive provisions of the JIU Statute and shall continue to report, through the Secretary-General of the Union, to the Administrative Council;

2.   notwithstanding the provisions contained in Articles 5 and 6 of the JIU Statute, the technical activities of the Union concerning specifically telecommunication matters of a highly specialized nature – including studies, findings, opinions, decisions, resolutions, reports and instruc­tions — carried out by the permanent organs of the Union in performing their functions by virtue of the relevant provisions of the Convention, the Regulations annexed thereto, and related recommendations, resolutions and decisions adopted by the legislative organs of the Union, shall be excluded from the functions, powers and responsibilities of the JIU which, however, shall be fully empowered to deal with all general administrative and financial matters, including general management issues concerning the permanent organs of the Union;

3.   with regard to the provisions contained in paragraph 4 of Article 11 of the JIU Statute, the Union agrees, as far as the time periods stipulated therein for transmission and consideration of JIU reports are concerned, to observe the spirit of those provisions rather than the actual time periods stipulated therein, so as to ensure the most appropriate handling of such reports by the Union in as expeditious a manner as feasible, and decides as far as distribution of JIU reports is concerned, that JIU reports not distributed by the United Nations to Members of the Union shall be transmitted by the Secretary-General of the Union only to Members of the Administrative Council of the Union;

instructs the Secretary-General

1.   to notify, in accordance with paragraph 3 of Article 1 of the JIU Statute, the Secretary-General of the United Nations of the a
cceptance of the JIU Statute by the Union and in so doing also to transmit the text of the present Resolution on which this acceptance is based;

2.   to continue to cooperate with the JIU and to submit to the Administrative Council JIU reports having a bearing on the Union together with comments he considers appropriate;

instructs the Administrative Council

to consider the JIU reports submitted by the Secretary-General, and to take action thereon as it deems fit.

RESOLUTION No. 39

Use of the United Nations Telecommunication Network for the Telecommunication Traffic of the Specialized Agencies

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   Resolution No. 26 of the Plenipotentiary Conference of the Inter­national Telecommunication Union (Buenos Aires, 1952) based on a request by the United Nations that the International Telecommunication Union should sanction the carriage of the traffic of the specialized agencies over the United Nations point-to-point telecommunication network at a charge equal to the pro rata proportion of the cost of operating, according to the volume of traffic carried;

b)   the separate report by the Administrative Council to the Plenipo­tentiary Conference on the updating of Resolution No. 35 (Malaga-Torre­molinos, 1973) (Document No. 35);

noting

a)   that as from 1 January 1954, the Secretary-General of the United Nations withdrew the offer he had formerly made to the specialized agencies to carry their traffic over the United Nations network;

b)   that the Joint Inspection Unit has prepared a report on “Commu­nications in the United Nations system”;

reaffirms

the views enunciated in the above-mentioned Resolution No. 26, namely:

1. that, in normal circumstances, the United Nations point-to-point telecommunication network should not be used to carry the traffic of the specialized agencies in competition with existing commercial telecommuni­cation networks;

2.   that the Union does not favour any departure from the provisions of Article XVI of the Agreement between the United Nations and the International Telecommunication Union;

3.   that the Union would nevertheless have no objection if, in cases of emergency, the traffic of the specialized agencies were carried over the United Nations point-to-point telecommunication network at a tariff which takes due account of the relevant CCITT Recommendations on tariffs, or free of charge;

instructs the Secretary-General

to continue to cooperate with appropriate bodies of the United Nations system including the Joint Inspection Unit in the study of matters relating to communications in the United Nations system and to submit the reports of such bodies to the Administrative Council together with his comments and proposals concerning follow-up action by the ITU;

instructs the Administrative Council

to study the reports, comments and proposals submitted by the Secretary-General and to take any necessary action.

RESOLUTION No. 40

Possible Revision of Article IV, Section 11, of the Convention on the Privileges and Immunities of the Specialized Agencies

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

Resolution No. 28 of the Plenipotentiary Conference (Buenos Aires, 1952), Resolution No. 31 of the Plenipotentiary Conference (Geneva, 1959), Resolution No. 23 of the Plenipotentiary Conference (Mont- reux, 1965), and Resolution No. 34 of the Plenipotentiary Conference (Malaga-Torremolinos, 1973);

bearing in mind

Resolution No. 36 of the Plenipotentiary Conference (Malaga-Torre­molinos, 1973);

considering

a)   the apparent conflict between the definition of Government Tele­grams and Government Telephone Calls contained in Annex 2 of the International Telecommunication Convention and the provisions of Article IV, Section 11, of the Convention on the Privileges and Immunities of the Specialized Agencies;

b)   that the Convention on the Privileges and Immunities of the Specialized Agencies has not been amended in the manner requested by the Plenipotentiary Conferences of Buenos Aires (1952), Geneva (1959), Mont- reux (1965), and Malaga-Torremolinos (1973);

resolves

to confirm the decisions of the Plenipotentiary Conferences of Buenos Aires (1952), Geneva (1959), Montreux (1965) and Malaga-Torremolinos (1973), not to include the Heads of the specialized agencies among the authorities listed in Annex 2 to the Convention as entitled to send Govern­ment Telegrams or to request Government Telephone Calls;

expresses the hope

that the United Nations will agree to reconsider the matter and, bearing in mind the above decision, will make the necessary amendment to Article IV, Section 11, of the Convention on the Privileges and Immunities of the Specialized Agencies;

instructs the Administrative Council

to take the necessary steps with the appropriate organs of the United Nations with a view to reaching a satisfactory solution.

RESOLUTION No. 41

Telegrams and Telephone Calls of the United Nations Specialized Agencies

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that the Heads of the specialized agencies are not mentioned in the definition of Government Telegrams and Government Telephone Calls, which appears in Annex 2 to the Convention;

b)   that there may be circumstances in which the urgency or impor­tance of the telecommunications of the specialized agencies warrants special treatment for their telegrams or telephone calls;

resolves

that if a specialized agency wishing to obtain special privileges for its telecommunications informs the Administrative Council, justifying the particular cases in which special treatment is necessary, the Administrative Council:

1.   shall inform Members of the Union of any request which, in its opinion, should be accepted;

2.   shall take a final decision on these requests, bearing in mind the opinion of the majority of Members;

instructs the Secretary-General

to notify Members of any decisions taken by the Council.

RESOLUTION No. 42 Electronic Mail/Message Service

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

the separate report of the Administrative Council to t
he Plenipoten­tiary Conference (Document No. 38);

having approved

a)   the measures taken since 1978 by the Secretary-General, with a view to establishing the bases for possible collaboration between the Universal Postal Union (UPU) and the International Telecommunication Union (ITU);

b)   the arrangements made by the CCITT early in 1982 to strengthen such collaboration in technical matters in order to meet the desire expressed by the UPU Consultative Council for Postal Studies (CCPS), at its October 1981 session;

considering

that it would be advisable to await the decisions arrived at by the competent organs of the UPU after the latter have been informed of the initial results of the studies undertaken jointly with the CCITT;

instructs the Secretary-General

1. to maintain and develop as required relations between the ITU and UPU secretariats and to make all necessary arrangements to meet the requests which might be made by the competent organs of the UPU;

2. to report any new developments to the Administrative Council;

instructs the CCITT

to continue to examine all contributions submitted to it by the competent organs of the UPU concerning the questions which have been or may be proposed for study in order to define and standardize a universal bureaufax service;

further instructs the CCITT

to recognize that its concern is with defining the service and not considering or deciding any question as to who operates it, which is a national matter;

instructs the Administrative Council

to study the reports submitted by the Secretary-General and take such action as may be deemed necessary.

RESOLUTION No. 43

Request to the International Court of Justice for Advisory Opinions

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

a)   Article VII of the Agreement between the United Nations and the International Telecommunication Union which provides that requests for advisory opinions may be addressed to the International Court of Justice by the Plenipotentiary Conference, or by the Administrative Council acting in pursuance of an authorization by the Plenipotentiary Conference;

b)   the decision of the Administrative Council “to affiliate the Union to the Administrative Tribunal of the International Labour Organisation”, and the declaration recognizing the jurisdiction of the Tribunal which was made by the Secretary-General pursuant to that decision;

c)   the provisions in the Annex to the Statute of the Administrative Tribunal of the International Labour Organisation under which that Statute applies in its entirety to any international governmental organiza­tion which has recognized the jurisdiction of the Tribunal in accordance with paragraph 5 of Article II of the Statute of the Tribunal;

d)   Article XII of the Statute of the Administrative Tribunal of the International Labour Organisation under which, in consequence of the above-mentioned declaration, the Administrative Council of the Interna­tional Telecommunication Union may submit to the International Court of Justice the question of the validity of a decision given by the Tribunal;

notes

that the Administrative Council is authorized to request advisory opinions from the International Court of Justice as provided under Article XII of the Statute of the Administrative Tribunal of the Interna­tional Labour Organisation.

RESOLUTION No. 44 Approval of the Accounts of the Union for the Years 1973 to 1981

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)  the provisions of No. 34 of the International Telecommunication Convention (Malaga-Torremolinos, 1973);

b)   sub-paragraph 2.2.7.3 of the Report by the Administrative Council to the Plenipotentiary Conference (Document No. 65), the separate Report relating to the financial management of the Union during the years 1973 to 1981 (Document No. 43) and the first report of the Finance Committee of the present Conference (Document No. 208);

c) the report by the external auditor of ITU accounts on the Union’s financial and accounting system (Annex 10 to Document No. 43);

resolves

to give its final approval of the accounts of the Union for the years 1973 to 1981.

RESOLUTION No. 45 Auditing of Union Accounts

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that the external auditor appointed by the Government of the Swiss Confederation audited the Union accounts for the years 1973 to 1981 most carefully, competently and accurately;

expresses

1.   its warmest thanks to the Government of the Swiss Confederation;

2.   the hope that the existing arrangements for the auditing of the Union accounts may be renewed;

instructs the Secretary-General

to bring this Resolution to the notice of the Government of the Swiss Confederation.

RESOLUTION No. 46

Assistance Given by the Government of the Swiss Confederation in Connection With the Finances of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that in the years 1974, 1975, 1976 and 1981, the Government of the Swiss Confederation placed funds at the disposal of the Union to improve its liquidity;

expresses

1.   its appreciation to the Government of the Swiss Confederation for its generous assistance in Financial matters;

2.   the hope that the arrangements in this field may be renewed;

instructs the Secretary-General

to bring this Resolution to the notice of the Government of the Swiss Confederation.

RESOLUTION No. 47 Budget Structure and Analytical Cost Accounting

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having examined

the separate report of the Administrative Council on budget structure and analytical cost accounting (Document No. 45);

taking into account

the provisions of No. 287 * of the International Telecommunication Convention (Malaga-Torremolinos, 1973);

instructs the Secretary-General, with the assistance of the Coordination Committee

1.   in future, to combine al
l the documents relating to the budget in one single document with a table of contents;

2.   to supplement the present budget presentation with a functional presentation;

3.   in future, to prepare budget forecasts for the second, and if possible, the third year;

4.   to continue with cost analysis, while endeavouring to improve it;

5.   to inform the Administrative Council of the financial implications, in particular for the contributory unit, of the decisions of conferences and plenary assemblies;

calls upon the Administrative Council

1.   to revise the Financial Regulations of the Union as appropriate;

2.   to inspect the management of the Union with the help of experts from the Administrative Council provided free of charge;

3.   to reconsider with the External Auditor of the Union the need to set up an internal audit department within the Union.

* No. 304 of the International Telecommunication Convention (Nairobi, 1982).

RESOLUTION No. 48

Impact on the Budget of the Union of Certain Decisions of Administrative Conferences and Plenary Assemblies of the International Consultative Committees

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

noting

a)   the need for effective financial management on the part of the Union and its Members, necessitating close control over all demands upon the annual budgets;

b)   that administrative conferences and Plenary Assemblies of the CCIs have taken decisions or adopted resolutions or recommendations with financial implications including additional and unforeseen demands upon the annual budgets of the Union;

c)   that the financial resources of the Union need therefore to be taken into account by all administrative conferences and by all Plenary Assemblies of the CCIs;

recognizing

that the decisions, resolutions or recommendations mentioned above may be crucial to the successful outcome of individual administrative conferences or Plenary Assemblies of the CCIs;

recognizing also

that the Administrative Council in reviewing and approving the annual budgets of the Union, is bound by the financial limitations of Additional Protocol I and may not of its own authority be able to satisfy all the demands made upon the budgets;

recognizing further

that the provisions of Articles 7, 69, 77 and 80 of the Convention reflect the importance of effective financial management;

resolves

1.   that before adopting resolutions or taking decisions which are likely to result in additional and unforeseen demands upon the budgets of the Union, future administrative conferences and Plenary Assemblies of the CCIs, having regard to the need for economy, shall:

1.1 prepare and take into account estimates of the additional demands made on the budgets of the Union;

1.2 where two or more proposals are involved, arrange them in an order of priority;

1.3 prepare and submit to the Administrative Council a statement of the estimated budgetary impact, together with a summary of the significance and benefit to the Union of financing the implementation of those decisions, and an indication of priorities where appropriate;

2.   that the Administrative Council shall take all such statements, estimates and priorities into account when reviewing, approving and deciding on the implementation of such resolutions and decisions within the limits of the budget of the Union.

RESOLUTION No. 49 Contributory Shares in Union Expenditure

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   that No. Ill of the Convention allows the least developed coun­tries as listed by the United Nations to contribute to Union expenditure in the 1/8 unit class;

b)   that this provision provides that the 1/8 unit class may also be chosen by other countries determined by the Administrative Council;

c)   that some countries with a small population and a low per capita gross national product * may encounter financial difficulties in contri­buting to Union expenditure in the 1/4 unit class;

d)   that it is in the interest of the Union that participation should be universal;

e)   that the small countries should be encouraged to become Members of the Union;

notes

the references which were made during the debates regarding the membership of small sovereign countries;

instructs the Administrative Council

at each session to review, on their request, the situation of small countries not included in the United Nations list of the least developed countries which may encounter financial difficulties in contributing in the 1 /4 unit class in order to decide which of them may be considered as being entitled to contribute to Union expenditure in the 1/8 unit class.

RESOLUTION No. 50

Transitional Arrangements to Permit Early Implementation of Resolution No. 49

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

that some countries with a small population and a low per capita gross national product may encounter financial difficulties in contributing to defraying Union expenditure under the provisions of the International Telecommunication Convention (Malaga-Torremolinos, 1973);

* For example, the following countries: Antigua and Barbuda, Belize, Domi­nica, Grenada, Kiribati, Nauru, St. Lucia, Sao Tome and Principe, St. Vincent and the Grenadines, Seychelles, Tonga, Tuvalu and Vanuatu.

noting

a)   that it is in the interest of the Union that participation should be universal;

b)   that the small countries should be encouraged to become Members;

taking account of

Resolution No. 49 which provides for a review of the situation of small countries by the Administrative Council in order to decide which of them may contribute in the minimum contributory class;

considers

that transitional arrangements may be necessary to give effect to Resolution No. 49 in 1983;

resolves

that for the purpose of Resolution No. 49 and for this purpose only, No. Ill of the Nairobi 1982 Convention shall be deemed to have entered into force on 1 January 1983, notwithstanding anything to the contrary in any other article.

RESOLUTION No. 51

Financial Conditions
for the Participation of International Organizations in the Conferences and Meetings of the ITU

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

the separate report of the Administrative Council on the financial conditions for the participation of international organizations in the conferences and meetings of the ITU (Document No. 30);

considering

that under No. 548 * of the International Telecommunication Conven­tion (Malaga-Torremolinos, 1973), international organizations shall 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 on condition of reciprocity;

instructs the Administrative Council

1.   to re-examine the list of international organizations currently exempted from all contributions in order to see which exemptions may be maintained under the provisions of No. 617 of the Convention;

2.   in future, when considering requests by international organizations for exemption from all contributions, to ascertain:

2.1 the status of those organizations;

2.2 the benefits to the Union of collaboration with those organi­zations ;

3.   to supply only such documentation free of charge to international organizations as concerns them directly.

RESOLUTION No. 52

Contributions of Recognized Private Operating Agencies, Scientific or Industrial Organizations and International Organizations

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

noting

a) the contribution towards the activities of the Union made by recognized private operating agencies, scientific or industrial organizations and international organizations;

* No. 617 of the International Telecommunication Convention (Nairobi, 1982).

b)   that the voluntary principle which applies to contributions from Member countries also applies to the contributions of recognized private operating agencies, scientific or industrial organizations and international organizations within the limits set in the Convention;

c)   that, under the International Telecommunication Convention (Malaga-Torremolinos, 1973), recognized private operating agencies, scientific or industrial organizations and international organizations have never chosen a class of contribution higher than 5 units;

d)   that No. 622 of the Convention fixes the amount of the contribu­tion per unit payable by recognized 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 at 1/5 of the contributory unit of Members of the Union;

e)   that recognized private operating agencies and international organ­izations share likewise in defraying the expenses of the administrative conferences in which they have agreed to participate;

recognizing

a)   that recognized private operating agencies, scientific or industrial organizations and international organizations make a significant technical contribution to the deliberations of the International Consultative Commit­tees;

b)   that recognized private operating agencies, scientific or industrial organizations and international organizations also derive significant bene­fits from the deliberations of the International Consultative Committees;

resolves

that recognized private operating agencies, scientific or industrial organizations and international organizations should be encouraged to choose the highest possible contributory class in the light of the benefits they derive;

instructs the Secretary-General

to inform all recognized private operating agencies, scientific or indus­trial organizations and international organizations of the terms of this Resolution.

RESOLUTION No. 53

Settlement of Accounts in Arrears

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

a)   the Report of the Administrative Council to the Plenipotentiary Conference and the documents provided by the Secretary-General;

b)   Resolution No. 10 annexed to the International Telecommunica­tion Convention (Malaga-Torremolinos, 1973);

notes with satisfaction

a)   that Chile, Peru, the Eastern Republic of Uruguay and the Yemen Arab Republic have settled their former debts in full;

b)   that the Republic of El Salvador and the Republic of Haiti are paying off their debts by instalments;

regrets

a)   that Bolivia, Costa Rica and the Dominican Republic have not submitted to the Secretary-General schedules for payment of their debts to the Union;

b)   that some countries are very much in arrears in the payment of their contributions;

considering

the requests submitted by some Members of the Union with substan­tial accounts in arrears;

further considering

that it is in the interests of all Members of the Union to maintain the finances of the Union on a sound footing;

resolves

1.  for the Central African Republic

1.1 that the Central African Republic’s contributions for 1974 (balance) to 1979 amounting to 310,570.15 Swiss francs shall be transferred to the special arrears account bearing no interest;

1.2 that the interest on the contributions in arrears for 1974 to 1979, i.e. 97,572.70 Swiss francs, due from the Central African Republic shall be transferred to the special interest account;

2.  for the Republic of Guatemala

2.1 that 50% of the Republic of Guatemala’s contributions, i.e. half a unit, for 1978 to 1982 amounting to 352,393.- Swiss francs shall be transferred to the special arrears account bearing no interest;

2.2 that 50% of the interest charged to the Republic of Guate­mala for its contributions in arrears for 1978 to 1981, i.e. 34,174.80 Swiss francs shall be transferred to the special interest account;

2.3 that the Republic of Guatemala shall share in defraying the expenses of the Union in 1983 in the 1/2 unit contributory class;

3.  for the Islamic Republic of Mauritania

3.1 that 50% of the amounts due from the Islamic Republic of Mauritania for its contributions for 1978 to 1982, i.e. 170,525.— Swiss francs, shall be transferred to the special arrears account bearing no interest;

3.2 that 50% of the amounts due from the Islamic Republic of Mauritania for interest on its contributions in arrears for 1977 to 1981, i.e. 24,006.25 Swiss francs, shall be transferred to the special interest account;

4.   for the Republic of Chad

4.1 that the amounts due from the Republic of Chad for its contributions for 1971 to 1982, i.e. 629,793.50 Swiss francs, shall be transferred to the special arrears account bearing no interest;

4.2 that the amounts due from the Republic of Chad for the interest on its contributions in arrears for 1971 to 1981, i.e. 178,640.25 Swiss francs, shall be transferred to the special interest account;

5.   that the transfer to the special arrears account shall not release the countries concerned from the obligation to settle their arrears;

6.   that the amounts due in the special arrears account shall not be taken into account when applying No. 117 of the Convention;

7.   that the amounts due for publications shall be paid by the countries; concerned;

8.   that this Resolution may not under any circumstances be invoked as a precedent;

instructs the Secretary-General

1.   to negotiate with the competent authorities of all the countries in arrears in the payment of their contributions, the terms for the staggered payment of their debts;

2.   to report annually to the Administrative Council on the progress made by these countries towards repaying their debts;

invites the Administrative Council

1.   to study ways of settling the special interest account;

2.   to adopt appropriate measures for the application of this Resolu­tion; N

3.   to report to the next Plenipotentiary Conference on the results obtained by the above-mentioned arrangements.

RESOLUTION No. 54

Rehabilitation of the Provident Fund of the Staff Superannuation and Benevolent Funds of the ITU

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

the situation of the Provident Fund in the light of the conclusions of the actuarial report as of 31 December 1981;

taking into account

the measures in support of the Provident Fund decided on by the Administrative Council at its 32nd (1977), 33rd (1978) and 35th (1980) sessions;

instructs the Administrative Council

to examine closely the results of the next actuarial evaluations of the Staff Superannuation and Benevolent Funds of the ITU and to take any measures it deems appropriate;

resolves

that the annual contribution of 350,000 Swiss francs from the ordinary budget to the Provident Fund shall be continued until such time as the Fund is able to meet its commitments.

RESOLUTION No. 55

Salaries and Representation Allowances of Elected Officials

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having regard to

Resolution No. 2 of the Plenipotentiary Conference of the Interna­tional Telecommunication Union (Malaga-Torremolinos, 1973);

recognizing

that the salaries of elected officials should be set at an adequate level above those paid to appointed staff in the United Nations Common System;

resolves

that, subject to the measures which could be proposed by the Adminis­trative Council to the Members of the Union in accordance with the instructions hereunder, the Secretary-General, the Deputy Secretary- General, the Directors of the International Consultative Committees and the members of the International Frequency Registration Board shall be paid with effect from 1 January 1983 salaries fixed in relation to the maximum salary paid to appointed staff on the basis of the following percentages:

Secretary-General……………………………………………… 134%

Deputy Secretary-General, Directors of the Consultative

Committees………………………………………… :……… 123%

IFRB members

113%

instructs the Administrative Council

1.   if a relevant adjustment is made in Common System salary scales, to approve the modification as necessary of salary amounts resulting from the application of the above-mentioned percentages ;

2.   in the event of overriding factors appearing to the Administrative Council to justify a change in the above-mentioned percentages, to propose for the approval of the majority of the Members of the Union, revised percentages with appropriate justifications;

further resolves

that costs incurred for representation will be reimbursed against vouchers within the following limits:

Swiss francs per year

Secretary-General……………………………………………… 20,000

Deputy Secretary-General, Directors of the Consultative

Committees…………………………………………………………….. 10,000

IFRB (for the Board as a whole at the discretion of the

Chairman)……………………………………………………………….. 10,000

further instructs the Administrative Council

in the event of a marked increase in the cost of living in Switzerland, to propose, for the approval of the majority of the Members of the Union, suitable adjustments to the above limits.

RESOLUTION No. 56 Election of Members of the IFRB

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a) that the members of the International Frequency Registration Board are elected by the Plenipotentiary Conferences in accordance with No. 43 of the Convention;

b)   that there is no limitation on the number of times a member of the Board may hold office;

c)   that a number of proposals have been made to the Conference to stipulate in the Convention that a member could be re-elected only once;

d)   the advisability of promoting rotation of members of the Board and, at the same time, of ensuring a degree of continuity of its functions;

e)   that the functions of the Board are highly specialized and respon­sible;

instructs the Administrative Council

1.   to study the methods that could be employed to achieve the objective indicated in
d) above and the possible amendments needed in the Convention for this purpose;

2.   to bring the conclusions of this study to the notice of all the Members of the Union at least one year before the commencement of the next Plenipotentiary Conference;

invites the administrations of Member countries

to make suitable proposals to the next Plenipotentiary Conference.

RESOLUTION No. 57 Grading Standards and Post Classification

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted and approved

the action described in the Report of the Administrative Council to the Plenipotentiary Conference (Document No. 65, paragraph 2.2.5.1) and taken by the Administrative Council in pursuance of Resolution No. 4 of the Plenipotentiary Conference (Malaga-Torremolinos, 1973);

considering

the introduction by the International Civil Service Commission (ICSC) of a new post-classification system, applicable to the whole family of the United Nations organizations;

instructs the Administrative Council

to take whatever steps it considers necessary, without incurring any net extra expense, to ensure that the new ICSC post-classification system should be applied within the Union at the earliest possible date and that detailed classifications be made for all positions. This will necessitate the implementation of new post-classification standards and procedures and a rationalization of all existing grades.

RESOLUTION No. 58 Recruitment of Union Staff

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)  the relevant provisions of the International Telecommunication Convention (Nairobi, 1982);

b)   the need to pursue a rational and effective recruitment policy in conformity with the United Nations Common System;

c)   the need to improve the geographical distribution of posts in the secretariats of the permanent organs of the Union, both world-wide and for particular regions of the world;

d)   the constant advances made in the technology and operation of telecommunications and the corresponding need to recruit the most compe­tent specialists to work in the secretariats of the permanent organs of the ITU;

affirms

the need to increase the representation of the regions insufficiently represented in the staff of the Union, in accordance with the principle of equitable geographical distribution;

resolves

1.   that in order to improve the geographical distribution of appointed staff in the professional category and above (grades P.l and above):

1.1 in general, vacancies for these posts shall be advertised to the administrations of all the Members of the Union; however, reasonable promotion possibilities for the existing staff must also be ensured;

1.2 in filling these posts by international recruitment, preference should be given, other qualifications being equal, to candid­ates from regions of the world which are insufficiently repre­sented; in particular, special attention should be given to securing equitable geographical representation of the five regions of the Union when filling posts in grades P.4 and above;

2.   that as regards the general service category (grades G.l to G.7):

2.1 officials shall, so far as possible, be recruited from among persons resident in Switzerland, or in French territory within twenty-five kilometres of Geneva;

2.2 in exceptional cases, where the vacancies in grades G.5, G.6 and G.7 are of a technical nature, consideration shall be given in the first place to recruitment on an international basis;

2.3 where staff with the requisite qualifications cannot be recru­ited in accordance with paragraph 2.1 above, the Secretary- General should recruit them from as near a place to Geneva as possible. Where this is not possible, he should notify all administrations of the vacancy but should, in selecting the recruit, have regard to the financial implications;

2.4 staff recruited in grades G.l to G.7 shall be regarded as internationally recruited and entitled to the benefits of inter­national recruitment, as stipulated in the Staff Regulations, provided that they are not of Swiss nationality, and that they are recruited from outside the area referred to in para­graph 2.1 above;

instructs the Secretary-General

1.   to pursue an active staff recruitment policy with a view to increasing the representation of regions which are insufficiently repre­sented;

2.   to examine the question, including its budgetary aspects, of rede­ploying posts in order to create posts in grades P.l and P.2 which could be used for recruiting young specialists and report to the Administrative Council for decision;

3.   to ensure that posts in the P.4 category and above are filled at the appropriate time by highly qualified staff;

instructs the Administrative Council

1.   to examine and approve the list of professional posts which should be filled on fixed-term contracts;

2.   to decide on the redeployment of posts aimed at creating posts in grades P.l and P.2 on the basis of reports by the Secretary-General;

3.   to keep the matter under review in order to achieve wider and more representative geographical distribution;

requests the Members of the Union

to make provision for safeguarding the careers of specialists returning to their administrations on conclusion of their assignment with the Union and for the inclusion of their period of duty at the ITU in the uninter­rupted period of service which is required for entitlement to the benefits and privileges provided for in the staff regulations of administrations.

RESOLUTION No. 59

Updating of the Manning Table

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

noting with concern

that a considerable number of staff are employed on short-term or fixed-term contracts against posts which do not appear on the manning table, as indicated in the Report by the Administrative Council to the Plenipotentiary Conference;

noting further

a)   that the Administrative Council was not in a position to provide sufficient credits for the creation of posts in furtherance of its Resolution No. 753/CA30;

b)   that a growing number of unestablished posts in the general service category and some in the professional category, have been filled for protracted periods by holders of short-term or fixed-term contracts;

considering

a)   that a recurrence of this situation should be avoide
d not only for managerial-and budgetary reasons but also on humanitarian grounds;

b)   that a better assessment of the Union’s staffing needs will emerge from a more precise planning of work, especially as regards conferences and meetings;

instructs the Administrative Council

1. to study the creation in the professional category, and authorize the progressive Creation in the general service category, from 1 January 1983, of those posts required to regularize the present situation (see Document No. 42, Annex 1) through the allocation of appropriate credits in sections 2 and 3 of the ordinary budget;

2. to provide for the creation of established posts, taking into account No. 251 of the Convention as regards posts in the professional category and Resolution No. 58 by allocating each year the necessary credits corresponding to the growth in the needs of the Union within the limits set out in Additional Protocol I;

instructs the Secretary-General

1.   to refrain from filling unestablished posts with the same persons for protracted periods;

2.   to ensure, as regards posts in the general service category, that the balance between staff on permanent contracts and those on short-term contracts reflects the needs of the Union;

3.   to keep the matter under review, make optimum use of No. 283 of the Convention, and report every year to the Administrative Council on the action taken.

RESOLUTION No. 60 In-Service Training

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having noted

the section of sub-paragraph 2.2.5.1 of the Report of the Administra­tive Council dealing with the implementation of Resolution No. 7 of the Plenipotentiary Conference (Malaga-Torremolinos, 1973), as well as the separate report of the Administrative Council on the subject (Document No. 28);

having considered and endorsed

the suggestions made by the Administrative Council as regards the principles governing in-service training in ITU in the future;

instructs the Secretary-General

to apply the “Rules for In-Service Training of the ITU staff’ as amended by this Conference;

instructs the Administrative Council

to keep the subject under review and allocate appropriate credits for in-service training within the limit of 0.25% of the portion of the budget allocated to staff costs.

RESOLUTION No. 61 Adjustment of Pensions

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

Recommendation No. 3 adopted by the Plenipotentiary Conference of Malaga-Torremolinos (1973) in connection with the adjustment of pensions;

having considered

the report by the ITU Staff Pension Committee which notes that the measures adopted by the United Nations General Assembly have been in line with Recommendation No. 3;

concerned

by the uncertainties which weigh heavily on the level of pensions due to the flaws in the present system and possible subsequent changes to it, as well as the consequences of the future monetary fluctuations and inflation;

instructs the Administrative Council

to follow carefully the evolution of this issue, with a view to ensuring that the level of pensions is maintained and to take the appropriate action to achieve this end.

RESOLUTION No. 62

Basic Instrument of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that all the other specialized agencies of the United Nations have adopted basic instruments which provide stability and continuity;

recalling

Resolution No. 41 of the Plenipotentiary Conference (Malaga-Torre- molinos, 1973);

noting

that the Administrative Council has been unable to give proper consideration to this Resolution;

convinced

that the Union should also adopt a basic instrument enabling it to achieve its purposes in an appropriate manner and at the same time maintain the stability required for the organization;

resolves

1. that the provisions of the present Convention should be separated into two instruments:

1.1 a Constitution containing the provisions which are of a fundamental character, and

1.2 a Convention comprising the other provisions which by defi­nition might require revision at periodic intervals;

2. that each of these instruments should contain its own amendment procedure, it being stipulated that amendment of the Constitution shall require a special majority;

instructs the Administrative Council

1.   to study this matter and to have draft texts of the Constitution and of the Convention drawn up and considered, and to ensure that they are distributed to all Members of the Union at least one year before the opening of the next Plenipotentiary Conference;

2.   to establish, if possible at its 1983 session, with due respect to equitable geographical representation, a Group of Experts designated by the Members of the Union, on a voluntary basis, to assist it in the implementation of this Resolution with the following terms of reference:

2.1 to prepare a draft Constitution and Convention for the International Telecommunication Union by grouping the provisions of the International Telecommunication Conven­tion (Nairobi, 1982), by making such changes as are neces­sary with a view to complying with resolves 1 and 2 and by taking into account any comments submitted by Members of the Union;

2.2 to submit, sufficiently in advance, the draft Constitution and the Convention for the International Telecommunication Union to the Administrative Council;

3.   to ensure, in establishing a Group of Experts, that no costs are charged to the ordinary budget of the Union other than secretariat costs for the elaboration, publication and distribution to the Members of the Union of the draft texts referred to above;

instructs the Secretary-General

to provide all possible assistance to the Administrative Council and to the Group of Experts in the implementation of the present Resolution.

RESOLUTION No. 63

Premises at the Seat of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

that adequate premises are required at the seat of the Union to accommodate the staff, faciliti
es and equipment necessary for the smooth operation of all services;

having studied

the separate report and suggestions made by the Administrative Council to provide the Union with the necessary premises (Document No. 49);

instructs the Secretary-General

1.   to submit to the 1983 session of the Administrative Council an additional study which should also cover the financial aspects of extending the Union’s existing buildings in the light of:

1.1 the rate of growth of staff levels resulting from the decisions of the present Conference;

1.2 the priorities and constraints implicit in the nature of the various extensions;

2.   to approach the Swiss authorities to ensure the future availability of a plot of land for any subsequent additional building;

authorizes the Administrative Council

1.   as soon as it has considered the study to be submitted to it by the Secretary-General, to decide on the best course of action to meet require­ments as regards premises;

2.   to decide on the administrative and financial arrangements needed to implement its decision. The financial implications of this decision will have to be submitted for approval by the Members persuant to para­graph 7 of Additional Protocol I to the Convention.

RESOLUTION No. 64

Juridical Status

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

the agreement concluded on 22 July 1971 between the Swiss Federal Council and the International Telecommunication Union to define the legal status of this organization in Switzerland and the associated imple­menting arrangements;

having noted with satisfaction

the Administrative Council’s remarks in Section 2.2.9.1 of its Report to the Plenipotentiary Conference (Document No. 65) concerning Resolution No. 40 of the Plenipotentiary Conference (Malaga-Torremolinos, 1973);

instructs the Secretary-General

to keep the agreement and the manner of its application under review in order to ensure that the privileges and immunities accorded to the ITU are equivalent to those obtained by other organizations of the United Nations family with their headquarters in Switzerland and report to the Administrative Council as necessary;

requests the Administrative Council

to report as necessary on this subject to the next Plenipotentiary Conference.

RESOLUTION No. 65

Official Languages and Working Languages of the Union

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having regard

to Articles 16 and 78 of the Convention;

desirous

of assuring the most equitable and efficient system of official and working languages in the Union;

conscious

a)   of the desirability of an extended use of the official languages of the Union which would enable Member countries to participate more actively in the work of the Union;

b)   of the technical, staffing, administrative and financial implications of such an extended use;

recalling

the recommendations of the Joint Inspection Unit on the use of languages in the United Nations Organizations;

notwithstanding

the provisions of Nos. 126, 418, 432 and 607 of the present Conven­tion;

resolves

1. that the following documents, prepared by the Secretary-General in the course of his duties, shall be drawn up in the official languages of the Union:

— weekly circular of the IFRB (special section on space services only);

— major volumes of the International Consultative Committees (it is estimated that the volume of documentation involved will be approximately 50% of the total volume of the Interna­tional Consultative Committees’ output);

2. that the total costs involved will remain within the financial limit established in the Additional Protocol I;

instructs the Secretary-General

1.   in consultation with the countries or group of countries concerned to organize the preparation of such documents with a maximum of efficiency and economy;

2.   to report to the Administrative Council on the developments on this matter;

instructs the Administrative Council

1.   to consider the report made by the Secretary-General;

2.   to take the appropriate steps needed to ensure the general distribu­tion in the official languages of the Union of the above-mentioned documents within the financial limits established by this Conference.

RESOLUTION No. 66 Rationalization of Work

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a) that the workload of the headquarters of the Union has been increasing and that this contributes to the growth of the Union’s budget;

b) that accordingly optimum use needs to be made of human and financial resources and that the fullest possible application of modern technology would help to achieve this taking account of the human and financial constraints facing the Union;

recognizing

a)   that decisions have been taken on the application of modern technology to the activities of the IFRB;

b)   that the range of commercially available products incorporating advanced technology relevant to office applications is widening and that such products could have an increasing role in the activities of other organs of the Union, especially in the secretarial and information handling areas;

instructs the Secretary-General

to review the extent to which modern office technology is currently being applied within the headquarters of the Union and the future possibil­ities, taking account of the need to make the most effective use of manpower and financial resources, and to recommend a course of action to the Administrative Council;

instructs the Administrative Council

to consider the recommendation submitted by the Secretary-General and to take such action as the Council judges appropriate within the budgetary resources of the Union with a view to promoting the rationaliza­tion of work.

RESOLUTION No. 67 Improvement of the Union’s Document and Publications Processing

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a) the broad range of Union activities and the diverse requirements of the permanent organs of the Union;

b)   that the results of these various activities are disseminated and communicated through the written word to meet in an effective manner the needs of Members, especially the developing countries;

c)   that relevant provisions of the Convention require the publication of various documents and deliberations of the Union;

d)   that the preparation of documentation and processing of informa­tion leading to a finished product make significant demands on the Union’s resources;

taking account of

a)   the sustained efforts made by the General Secretariat to meet these publication needs and to automate the process;

b)   the heavy workload being placed on the Union;

c)   the nature of the Union’s document processing and text composi­tion software;

d)   the need to explore opportunities for meeting the document processing and publications workload in the most cost-effective manner possible;

recognizing

a)   the diverse needs of the Union’s various organs regarding docu­ment processing and publication as well as the autonomy inherent in the Union’s federal structure;

b)   that, because of these diverse needs, increased efficiency may be achieved through the development and introduction of standardized docu­ment preparation methods and formats;

c)   the differences between administrations in their automation capacity and needs given the inadequacy in certain developing countries of facilities for accessing information published by the most modern techni­ques; while these techniques might well offer the most economical method of publication and are suitable for those countries which have adopted them, their implementation may exceed the capacity of such developing countries over the next five years;

d)   that a considerable proportion of the documents and informal handled by the Union are currently processed by manual methods;

e)   that the document processing and text composition equipment commercially available and the associated software are continually being improved;

f)    that the continuing extension of automation into the document processing and text composition process might improve productivity, processing capacity and the ability to embrace increasingly complex subjects;

instructs the Administrative Council

to make an in-depth study of text composition and document processing requirements, to review current relevant operations, equipment and software, and, ensuring that this does not reduce the flow of informa­tion to any administration, promptly to implement, wholly or in part, the findings of such a study if this would minimize the cost of distributing publications and documents to all administrations.

RESOLUTION No. 68

A Review in the Light of Changing Circumstances of the Long-Term Future of the International Frequency Registration Board

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering                                                   ;

a)   the changes in circumstances since the founding of the IFRB by the Plenipotentiary Conference (Atlantic City, 1947);

b)   the nature, volume and duration of the additional tasks laid upon the IFRB by the decisions of recent administrative radio conferences;

c)   the futher changes that may flow from the project relating to extended computerization of the work of the IFRB which the Union has initiated;

recognizing and appreciating ;

the high service rendered to the Union by the Board since its founding;

recognizing also

the dynamic nature of telecommunication developments which result in significant changes in the patterns and volumes of radio frequency usage, and the special services required to be rendered to the developing countries by the IFRB;

resolves

that there shall be a thorough review in the light of changing circum­stances of the long-term future of the International Frequency Registration Board;

resolves further

1. to invite the Administrative Council:

1.1 to establish a Panel of Experts from administrations to conduct the above-mentioned review;

1.2 to request the Panel, of Experts to conduct the review and to submit a report with recommendations to the Council by 1 January 1985;

1.3 to invite the Panel of Experts to consider carefully whether an alternative mechanism could better serve the foreseen interests of the Union in the years ahead;

1.4 to invite the Panel of Experts to include in their report a balanced summary of the advantages and disadvantages of any alternative mechanism submitted for consideration;

1.5 to consider the report and recommendations of the Panel of Experts and to forward the report together with their own conclusions thereon to administrations by 1 July 1986;

1.6 to include this subject in the agenda for the subsequent Plenipotentiary Conference;

2.   to invite administrations to respond to the initiative to be taken by the Administrative Council by nominating appropriate specialists to join the Panel of Experts;

3.   to invite the Secretary-General, the Chairman and members of the IFRB, and the Directors of the CCIs to afford the Panel of Experts all necessary assistance required for the successful completion of the review;

4.   to invite the next Plenipotentiary Conference to consider the report and recommendations of the Panel of Experts, after approval by the Administrative Council and to take appropriate action.

RESOLUTION No. 69 Extended Use of the Computer by the IFRB

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

considering

a)   the continual growth in the volume and complexity of the work of the IFRB relating to frequency assignments and to the technical prepara­tions for, and follow-up to, administrative radio conferences;

b)   the urgent need for the Union to make a major investment in extending the use of the computer by the IFRB;

having accepted

the conclusions and recommendations in the Report of the Working Group established by this present Conference (Document No. 280);

resolves

to enhance the facilities available to the IFRB by continuing with the project “Extended Use of the Computer by the IFRB” in accordance with an incremental plan;

instructs the IFRB

to prepare and submit to the 1983 session of the Administrative Council a revised Incremental Plan, for implementation over a period of eight years starting in 1984;

instructs the Secretary-General

to transmit the Report of the Working Group (Document No. 280) to the Administrative Council;

instructs the Administrative Council

1.   to review, adjust as necessary and adopt the revised Incremental Plan as a flexible framework for further decisions by the Council;

2.   to proceed with implementation of the Plan starting in 1984, in accordance with the financial ceilings of Additional Protocol I;

3.   to establish a voluntary group of experts from administrations to advise and assist in the regular monitoring of the implementation of the Incremental Plan;

4.   to ensure that there is no increase in the staff engaged in the development of this project;

further instructs the Administrative Council

with the active participation of the permanent organs, to undertake a study and submit a report with recommendations, six months before the next Plenipotentiary Conference, on the problems that would arise from the provision of a facility giving administrations direct remote access for any purpose to the data bases of the IFRB or of the other permanent organs; in this study, the particular problems of ensuring equal access by and technical assistance for developing countries shall be taken into account;

instructs the permanent organs

to cooperate wherever necessary in the successful implementation of the Incremental Plan and in the study of direct access to the data bases of the Union;

instructs the Secretary-General and the IFRB

to submit to the Administrative Council, after approval by the Coordi­nation Committee, a joint annual report to be sent to Members of the Union on all major aspects of the Incremental Plan.

RESOLUTION No. 70

Rate of Conversion Between the Gold Franc and the Special Drawing Right (SDR)

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having adopted

the gold franc and the monetary unit of the International Monetary Fund (IMF) as monetary units used in the composition of the accounting rates of the international telecommunication services and in the establish­ment of the international accounts;

considering

a)  that the provisions for application are to be established in the Administrative Regulations;

b)   that the conference competent to revise these Regulations cannot be held until 1988;

c)   that, in the meantime, transitional provisions are required to apply Article 30 of the Convention;

d)  that the monetary unit of the IMF is currently the Special Drawing Right (SDR);

having taken note

of the Opinion expressed by the Vllth CCITT Plenary Assembly on the need for the Plenipotentiary Conference to determine a rate of conver­sion between the gold franc and any new monetary unit;

resolves

that pending the decisions of the conference competent to revise the Administrative Regulations, the parity rate between the gold franc and the SDR shall be that provided by the appropriate CCITT Recommendation. When there is a change in the rate of conversion, it shall be published in the Operational Bulletin of the Union.

RESOLUTION No. 71

Opinion No. 81 of the XVth Plenary Assembly of the CCIR, Geneva, 1982

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having considered

Opinion No. 81 of the XVth Plenary Assembly of the CCIR, Geneva, 1982, entitled “Systems for Television with Conditional Access”;

resolves

1.   that this subject is within the*competence of the Union;

2.   that the technical aspects of this question should be the subject of studies by the CCIR.

RESOLUTION No. 72

World Telecommunication Day

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

having seen

Section 2.2.9.1 of the Report of the Administrative Council to the Plenipotentiary Conference (Document No. 65);

considering

the interest shown by Members in celebrating World Telecommunica­tion Day;

bearing in mind

Resolution No. 46 of the Plenipotentiary Conference (Malaga-Torre- molinos, 1973), instituting a World Telecommunication Day celebrated annually on 17 May;

invites Administrations of Members

1.   to celebrate the day annually;

2.   to take advantage of the occasion to make the public aware of the importance of telecommunications for economic, social and cultural deve­lopment; to foster interest in telecommunications in universities and other educational establishments with a view to attracting new and young talents into the profession; and to disseminate information on a large scale concerning Union activities related to international cooperation;

instructs the Secretary-General

to provide telecommunication administrations with the information and assistance they need to coordinate preparations for holding World Telecommunication Day in Member countries of the Union;

invites the Administrative Council

to propose to Members a specific topic for each World Telecommuni­cation Day.

RESOLUTION No. 73

World Communications Year: Development of Communications Infrastructures

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

a)   United Nations General Assembly Resolution 32/160 of 19 December 1977 on the Transport and Communications Decade in Africa;

b)   ECOSOC Resolution No. 1980/69 on World Communications Year;

c)    United Nations General Assembly Resolution 36/40 (1981) proc­laiming 1983 “World Communications Year: Development of Communica­tions Infrastructures”, with the International Telecommunication Union as the lead agency having responsibility for coordinating the inter-organiza­tional aspects of the programmes and activities of other agencies;

d)   ITU Administrative Council Resolutions Nos. 820 (1978) and 872 (1982);

recognizing

that the basic objectives of the World C
ommunications Year laid down by the United Nations General Assembly are:

a) to provide the opportunity for all countries to undertake an in-depth review and analysis of their policies on communications develop­ment;

b) to facilitate the accelerated development of communications infras­tructures;

having noted

a)   the report of the Secretary-General on the preparation of the World Communications Year (Document No. 52);

b)   that a programme of infrastructure-oriented activities for the Year has been prepared by the Secretary-General in close cooperation with the Members of the Union, the United Nations and the specialized agencies;

requests the Secretary-General

to assure the fullest possible contribution to the programme for the Year in accordance with the requirements of the developing countries and in close cooperation with the organizations of the United Nations sys’tem;

urges

Members of the Union, post and telecommunication administrations, private telecommunication operating agencies, non-governmental organiza­tions, manufacturers, telecommunication users and broadcasting organiza­tions, universities and educational institutions, to cooperate with the Secre­tary-General in the implementation of the programme for the Year;

appeals

to governments, the private sector and the media to assist the Secre­tary-General in meeting the requirements of the developing countries as defined in the programme for the Year by donations of funds, equipments and services;

instructs the Secretary-General

1. in discharging his responsibilities as coordinator in the preparation of the Year, to take all necessary measures to support its programme within the limit of the resources made available to him for this purpose;

2. to submit for the approval of the Administrative Council the report which he is requested to prepare for the 38th Session of the General Assembly of the United Nations.

RESOLUTION No. 74

Resolution Adopted by the Plenipotentiary Conference Regarding Israel and Assistance to Lebanon

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recalling

the Charter of the United Nations and the Universal Declaration of Human Rights;

considering

that the fundamental principles of the International Telecommunica­tion Convention are designed to strengthen peace and security in the world by developing international cooperation and better understanding among peoples;

bearing in mind

Resolution No. 48 of the International Telecommunication Conven­tion (Malaga-Torremolinos, 1973);

noting

that Israel has refused to accept and carry out the numerous relevant resolutions of the Security Council and the United Nations General Assembly;

alarmed by

the grave situation in the Middle East resulting from Israel’s invasion of Lebanon ;

concerned at

the destruction of telecommunications in Lebanon;

condemns without appeal

the continuing violation by Israel of international law;

further condemns

the massacres of Palestinian and Lebanese civilians;

directs the Secretary-General of ITU

to study and report to the Administrative Council at its next session on measures to assist Lebanon in re-establishing those telecommunication facilities destroyed during Israel’s invasion of Lebanon;

requests the Chairman of the Plenipotentiary Conference

to bring this Resolution immediately to the attention of the Secretary- General of the United Nations.

RESOLUTION No. 75

Abbreviated Title and Presentation of the ITU Convention, 1982

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

noting

a) that to facilitate reference, an abbreviated title for, and distinctive presentation of the 1982 Convention will be needed;

b) that the Members attending the Conference are most grateful to the Government of the Republic of Kenya for having hosted this Confer­ence and for providing excellent facilities for the work of this Conference;

resolves

1.   that the 1982 International Telecommunication Convention may be referred to as “The Nairobi Convention”;

2.   that the cover design of the printed version of the Nairobi Convention when published should, subject to the consent of the Govern­ment of the Republic of Kenya, include horizontal bands in the national colours of the Republic of Kenya.

RECOMMENDATION No. 1

Unrestricted Transmission of News

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

a)   the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on 10 December 1948;

b)   the Preamble and Articles 4, 18, 19 and 20 of the International Telecommunication Convention (Nairobi, 1982);

c)   the provision of the Constitution of the United Nations Educa­tional, Scientific and Cultural Organization (UNESCO) concerning the free flow of ideas by words and images and the declaration on the basic principles, adopted by the XXth session of the UNESCO General Confer­ence, concerning the contribution of the mass media to strengthening peace and international understanding, to the promotion of human rights and to countering racialism, apartheid and incitement to war and the relevant resolutions of the XXIst session of the UNESCO General Conference;

conscious of

the noble principle that news should be freely transmitted;

conscious also of

the importance of the fact that this noble principle will promote the dissemination of news, thus strengthening peace, cooperation, mutual

understanding between peoples and the spiritual enrichment of the human personality, as well as dissemination of culture and education among all people irrespective of their race, sex, language or religion;

recommends

that Members of the Union facilitate the unrestricted transmission of news by telecommunication services.

OPINION No. 1 Imposition of Fiscal Taxes

Members of the Union recognize the desirability of avoiding the imposition of fiscal taxes on any international telecommunications.

OPINION No. 2 Favourable Treatment for Developing Countries

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

in view of

a)   the purpose of the Union, which is to maintain and extend international cooperation for the improvement ahd rational use of telecom­munications of all kinds;

b)   the ever-widening gap between the economic growth and techno­logical progress of the developed and the developing countries;

c)   the fact that the economic power of developed countries is founded on, or linked with, the high level of their technology, which is reflected in extensive and growing international markets, whereas the economies of developing countries are relatively weak and often in deficit because they are in the process of assimilating or acquiring technology;

is of the opinion

that developed countries should take into account the requests for favourable treatment made by developing countries in service, commercial or other relations in telecommunications, thus helping to achieve the desired economic equilibrium conducive to a relaxation of present world tensions.

The classification of countries in one or the other of these economic categories can be based on the criteria of per capita income, gross national income, national telephone development or any other mutually agreed parameters selected from those internationally recognized by the special­ized information sources of the United Nations.

OPINION No. 3 Telecommunication Exhibitions

The Plenipotentiary Conference of the International Telecommunica­tion Union (Nairobi, 1982),

recognizing

that the telecommunication exhibitions are of considerable assistance in keeping the Members of the Union informed of the latest advances in telecommunication techniques and in publicizing the possibilities of applying telecommunication science and technology for the benefit of the developing countries;

is of the opinion

that the World Telecommunication Exhibition should be organized under the auspices of the International Telecommunication Union, prefer­ably in the city of its seat, in close collaboration with its Members, provided that this involves no charge on the budget of the Union and no commercial interest;

is also of the opinion

that consideration might be given by administrations to the organiza­tion, in cooperation with the Union, of appropriate specialized telecommu­nication exhibitions in Member countries, with particular emphasis on the needs of telecommunication infrastructures of each region, when hosting World or Regional Plan Committee meetings or other regional telecommu­nications meetings and activities;

is further of the opinion

that a significant part of any excess income over expenditure derived from such exhibitions could be paid into the Union’s Technical Coopera­tion Fund.

PAGE LAISSEE EN BLANC INTENTIONNELLEMENT

PAGE INTENTIONALLY LEFT BLANK

ANALYTICAL TABLE of subjects dealt with in the Final Acts of the Plenipotentiary Conference (Nairobi, 1982)

The following symbols are used:

An = Annex

AP = Additional Protocol

OAP = Optional Additional Protocol concerning compulsory settlement of disputes

Opn = Opinion

R = Resolution

Rc = Recommendation

Numbers 1 to 194 refer to the first part of the Convention (Basic Provisions); numbers 201 to 643 to the second part (General Regulations).

If several consecutive numbers deal with the same subject, only the first of these numbers is normally given.

A

Administrative Council (continued)

Members allowances 245 election 41 eligibility 9

participation in the meetings of the permanent organs 244

qualifications 236

re-election      57

vacancies 232

participation in discussions, Secre­tary-General, etc. 241

provisional agreements concluded on behalf of the Union 46

questions not covered by the Con­vention 271

report to the Plenipotentiary Confer­ence 37, 272

reports from budget control commit­tees of administrative conferences

479

rules of procedure 59 secretary 242 sessions 238

subsistence allowance, etc.          245

summary records 273

Abrogation of the earlier Convention

186

Accession to the Convention        182

Accounts

analytical cost accounting 254, 301, 304, R47

approval 40

approval for the years 1973-1981

R44

arrears R53

audit 255, R45

international, rendering and settle­ment 149, 629

reserve account 626

Administrative Council  28, 57,

231

advisers 58 Chairman and Vice-Chairman

237

decisions by correspondence

243

decisions taken by the Secretary-Gen­eral without support by the Coordi­nation Committee 331

duties 246

financial implementation of decisions of conferences, etc. 51, 248,

411, 627

mandate 60, AP VII

Administrative Regulations 170,

174, 643

Aeronautical radionavigation service/ broadcasting service, compatibility

R6

Agenda, date and place of administrative conferences

51, 207, 215, 221

change          222

Plenipotentiary Conferences

35, 202

Agreements, arrangements

between the ITU and the United Na­tions 166, An 3

between the Union and other interna­tional organizations 46

provisional, concluded by the Coun­cil 46

regional      152, 289

special 151

with the Government of Kenya con­cerning
the Plenipotentiary Confer­ence (1982) R15

Allowance, subsistence allowance for representatives on the Council

245

Amounts due, interest 614

Arbitration 189, 631

compulsory settlement of disputes

OAP

Arrears 117

Auditing of Union accounts (see Ac­counts)

B

Basic instrument of the Union

R62

Basic Provisions 1, 169

Broadcasting-satellite service, feeder links to space stations R8

Broadcasting service, use of addition­ally allocated bands R9

Budgets 38

conferences 477

cost analyses 254, 301, 304,

R47

expenses AP I financial needs by the CCIs

410, 439

preparation by the Secretary-General

301

review by the Council         254

structure R47

Buildings of the Union R63

c

CCIR 32, 83

conference preparatory meetings

230

{see also International Consultative Committees)

CCITT 33, 84

(see also International Consultative Committees)

Channels (see Telecommunication channels)

Charges (rates) 22, 148 Choice of class of contribution

113

Commission, Independent International World-wide — for Telecommunications Development R20

Committees (see Conferences and meet­ings)

Composition of the Union 2

Computer, extended use of — by IFRB

AP I, R69

Conferences and meetings

administrative 27, 48, 207, 347

admission to 342, 352

agenda 35, 51, 56, 207, 222

agreement with the Government of the Swiss Confederation 372

amendments to proposals 488,

566

budget 477

chairmen, etc. 450, 460, 485,

R5

committees 464, 578

budget control 475

composition 480, 483

constitution 458, 464

credentials 470

editorial 472

Plan Committee (see International Consultative Committees)

steering 467

sub-committees 464, 578

competence 529

Conferences and meetings (continued)

consultations concerning agenda, etc.

207, 215, 221, 225, 227, 229

convening 201, 210, 263, 361,

372, R2

credentials 380

date and place 202, 215, 221 changes 373

decisions with financial repercussions

248, R48

election of chairmen, etc.   R5

exclusion, South Africa (Rep. of)

R14

final acts final approval 598 languages  122

signature 599

franking privileges 601

future         Rl, R10

heads of delegations, meeting

285, 450

implementation of financial decisions 248, R48

inauguration 450 interpretation, languages       127

invitations 335, 347, R3 languages, Plenary Assemblies

417

limitation of speeches 522

Conferences and meetings (continued)

list of speakers 526

minutes, summary records, reports 583, 588, 592

motions for closure 520 for postponement of debate

518

for suspension     516

of order, points of order 505 priority of 508 withdrawal and resubmission

531

numbering of texts 596

order of debates 501 seating 449

organization of work    105

participation

observers of Members 360

organizations

international 349

liberation            R4

regional 345, 355

permanent organs 341, 359

Secretary-General or Deputy Secre­tary-General          309

United Nations 344, 354

Conferences and meetings (continued)

Plenary Assembly 90, 321, 403, 413, 417, 436

Plenipotentiary Conference 26, 34, 201, 264, 334, R2, R15

preparation, directives to permanent organs 266

preparatory sessions and meetings

226, 230

press notices 600

procedure for convening (requests from Members, proposal from Coun­cil) 361, 371

proposals or amendments 487,

488

conditions required for discussion

496

coordination by Secretary-General

379

passed over or postponed

498

presentation 377

submitted by Plenary Assemblies

442

time-limits for presentation

376, 487, 488

quorum        500

regional 56,115,360,371

reports of preparatory sessions

228

reservations 581 (see also Table of Contents)

Conferences and meetings (continued) rights of Members to
participate

8

rules for debates 499

Rules of Procedure 449

secretariat 284, 286, 459

signature of final texts 599

study groups (see International Con­sultative Committees)

summons to meetings 486

vice-chairmen 457

vote

at conferences 532, 534 at Plenary Assemblies 419 (see also Vote)

working groups 464

Consultations

admission of Members 5

participation in the work of the CCIs

399

relating to expenditure of Union

AP I

relating to work of conferences (agenda, etc.) 207, 215, 221, 225,229,368,371

right of Members to participate in

11, 179

Contributions arrears 117

Contributions (continued)

by international organizations, pri­vate operating agencies and scientific or industrial organizations 615,

R52

classes 111, AP II

classification of countries   113,

608, R49, R50

denunciation 613 determination of amount 254 interest on amounts due 614 new Members 612 payment                      116

reduction in a unit classification

114

sanctions in case of non-payment

117

Convention

abbreviated title R75

abrogation of previous Convention

186

accession     182

application by the UN (Art. 75 of the Charter) AP III

basic instrument of the Union

R62

basic provisions 169 denunciation          184

effective date 193 execution         175

Convention (continued)

General Regulations 169, 201

inconsistency between the Conven­tion and Administrative Regulations

173

infringements   142

questions not covered by 271

ratification      177

registration     194

Regulations supplementing the Con­vention      170

revision 45

Convention on Privileges and Immuni­ties of the Specialized Agencies

R40

Cooperation, international cooperation in the field of telecommunications

14

(see also International organizations and United Nations)

Coordination Committee 96, 276,

328

Coordination of the activities of the permanent organs 96, 275, 328

Cost analyses 254, 301, 304

Council (see Administrative Council)

Credentials (see Conferences)

Data, national and international, re­garding telecommunication 295

Date of entry into force of the Conven­tion 193

Definitions 190, An 2, Rll

Deputy Secretary-General (see Secre­tary-General, Deputy Secretary-Gen­eral)

Developing countries

favourable treatment Opn 2

installations and networks 20

(see also Technical cooperation and assistance)

Directors of the International Consulta­tive Committees

election’ 92, 323, AP VI

functions 431

interim filling of vacancies 268

nationality 103

participation in the deliberations of the Council 241

vacancies    268

Disputes, arbitration 188, 631 compulsory settlement OAP

Distress calls and messages 161 false or deceptive signals 162

Documents and publications data to be published 287, 293 improvement of processing

R67

languages    122

sales price 625

E

Elected officials (see Staff) Electronic mail/message service

R42

Entry into force of the Convention

193

Expenses

financial implications of decisions taken by conferences, etc. 51, 248,411,627

laboratories and technical installa­tions 624

of the Union 107, AP I

regional administrative conferences

115

Experts (see Technical cooperation and assistance)

Extended use of the computer by the IFRB AP 1(3), R69

F

Final acts (see Conferences and meet­ings)

Final Protocol, declarations and reser­vations (see Table of Contents)

Finances of the Union 107, 608,

AP I

assistance given by the Swiss Gov­ernment R46

financing of technical assistance ac­tivities 110, API, R18

reserve account 626

(see also Accounts, Budgets, Contri­butions and Expenses)

Fiscal taxes, imposition      Opn 1

Free services 148, 601

Frequencies allocation       18

national management R12 rational use of the spectrum

153, 297

registration of assignments 18,

77

G

General Plan for the international tele­communication network 93

General Secretariat 30, 65, 275

Geostationary satellite orbit 78

Gold franc 150, R70

Government telegrams and telephone calls, priority 144

H

Headquarters (seat) of the Union

12

administrative functions, supervision of 253

conferences held at Headquarters without inviting government

372

premises R63

rationalization of work        R66,

R67

work plans 265, 302

IFRB (see International Frequency Registration Board)

Information, free flow of Rc 1

Infringements, notification  142

Intercommunication, radiocommunica- tion in the mobile service 155

Interest on amounts due 614

Interference, harmful measures to avoid 19

obligation not to cause 158

International Atomic Energy Agency

338, 356

International Consultative Committees 32, 33, 320, 395

activities in the field of technical cooperation 85, 441

calendar of meetings, review by the Council 265

chairmen and vice-chairmen of study groups 423

conditions for participation 395

dates of Plenary Assemblies when followed by administrative conferen­ces 321

402

denunciation of participation

Directors 92,323,431,448 election AP VI

duties 83

financial needs 410

functioning. 89

international and regional organiza­tions, participation 398

laboratories and technical installa­tions 325, 624

members 86, 395

Plan Committees 93, 412

Plenary Assembly 90, 321, 403, 413, 417, 436

proposals for conferences 442

International Consultative Committees (continued)

questions 326, 405

relations with international organiza­tions 447

relations with the other CCI

445

reports by the Director 409,

437

Rules of Procedure, Plenary Assem­blies 105

scientific or industrial organizations, participation 400

specialized secretariat 278, 324,

431

study groups 91, 322, 407, 421,

424, 445

working arrangements 95, 424 International Court of Justice

R43

International Frequency Registration Board 31, 73, 310

Chairman, Vice-Chairman 317

Chairman’s   and Vice-Chairman’s

participation  in deliberations of the

Council     241

Chairman’s   participation in CCI meetings 448

composition 73

essential duties 76

instructions regarding activities

209, 316

international character 75, 319

International Frequency Registration Board (continued)

long term future of R68

members 73, 75

Chairman, Vice-Chairman; desig­nation 317

custodians of an international pu­blic trust 75

election 43, 73, 312, R56

nationality 103

qualifications 310

separation from service 315

taking up of duties 74, 314,

AP V

vacancies 269, 315 specialized secretariat 278, 318 technical standards 290 working arrangements 316

International Monetary Fund 150

International organizations (see also United Nations)

agreements concluded by the Council

46

coordination with 247, 329

exemption from conference expenses

617

review of situation R37, R51 notification about conferences

349

participation in conference expenses

617

International organizations (continued)

participation in the work of the CCIs

398, 421

relations with    168

space radiocommunications, collabo­ration with R36

International Radio Consultative Com­mittee (CCIR) 83

(see also International Consultative Committees)

International Telecommunication Un­ion (ITU)

administrative functions, supervision

253

composition    2

Headquarters 12

legal capacity   130

participation of organizations of an international nature in the work of

R37

purposes     13

seat        12

International Telegraph and Telephone Consultative Committee (CCITT)

84

(see also International Consultative Committees)

Interpretation, languages   127

Israel R74

J

Joint Inspection Unit of the United Nations R38

Juridical status  R64

K

Kenya, agreement concerning the 1982 Plenipotentiary Conference          R15

L

Laboratories of the Union 325,

624

Languages 119,602

final documents of conferences, etc.

122

French text to prevail          121

interpretation 127 official 119, R65 official service documents          124

other than official 603 proposals and contributions

125

secret language 145

used in Plenary Assem
blies 417

working 120, R65

Lebanon, re-establishing of facilities

R74

Legal capacity of the Union           130

Liberation organizations recognized by the United Nations R4

M

Maintenance of telecommunication channels 138

Majority

for admission of Members 542 voting in conferences 534

Maritime mobile service/maritime radiobeacons, planning     R7

Meetings (see Conferences and meet­ings)

National frequency management

News, unrestricted transmission of

R12

Rc 1

Non-contracting states, relations with

187

o

Obligations of Members 7, 131

Opinion No. 81 of the CCIR R71

Orbit (see Outer space)

Members of the Union definition 2

exclusion from conferences and meetings

South Africa (Rep. of) R14 list of An 1

loss of right to vote

members of the CCIs requests for admission responsibility towards users rights and obligations

Monetary unit     150

N

National defence service, installations

163

117, 179, R13

135

7, 151, 152, 178

Outer space

collaboration with international or­ganizations R36

geostationary satellites

orbit, natural resource 154

orderly recording of positions

78

Pensions adjustments

R61

Union Staff Superannuation and Benevolent Funds 262, R54

United Nations Joint Staff Pension Fund 261

Permanent organs of the Union

coordination 96, 275, 328

29

Permanent organs of the Union (conti­nued)

organizational changes 249 representation at conferences

341, 359

supervision   282

Plan, General Plan for the international telecommunication network 93

Plans (work programmes) for Head­quarters activities 265, 302

Plenary Assemblies (see International Consultative Committees)

Plenipotentiary Conference (see Confer­ences and meetings)

Priority of telecommunications

epidemiological (WHO) 143

government telegrams and telephone calls       144

relating to safety of life 143 specialized agencies        R39

Private operating agencies

invitation to conferences 348,

358

observation of the provisions of the Convention           159, 176

participating in the work of the CCIs

396, 421

Privileges and immunities of the spe­cialized agencies, Convention on

R40

Proposals (see Conferences and meet­ings)

Public, right of the public to use the international telecommunication net­work       131

Publications (see Documents and publi­cations)

Purposes of the Union        14, 36

Q

Quorum 499 R

Radiocommunications

distress calls and messages         161

harmful interference            158

intercommunication 155

space (see Outer space) special provisions      153

Rates 22, 148

Ratification of the Convention

177

Recognized private operating agency (see Private operating agency)

Regional conferences (see Conferences)

Regional organizations 152, 355

participation in the work of the CCIs

398, 421

Regulations

acceptance and approval  171

Administrative 53, 170, 174,

643

validity 174

execution 175

Financial 626

General 169, 201

infringements 142

necessary for administrative and fi­nancial activities 252, 280

rules of procedure CCIs 105 conferences 105, 449 Council 59

Reports

Financial Operating            305

of

Administrative Council to the Ple­nipotentiary Conference 37,

272

Directors of CCIs to Plenary As­sembly and to Council 437

permanent organs 288

preparatory session 228

on activities of the Union 306

Representation allowances R55

Reservations (see Conferences and meetings and Final Protocol)

Responsibility towards users 135

Rights of Members 7

Right of public to use international ser­vice 131

Rules of Procedure CCI 105 conferences 105 Council           59

S

Safety of human life 23, 143

Salaries and allowances 257

adjustment 39, 279

fixation       257

of elected officials R55

representation allowance R55

United Nations Common System

• 252, 279, 282

Sanctions in, cases of non-payment of contributions 

Ver también

Nicolas Boeglin

Israel / Palestina: Asamblea General de Naciones Unidas adopta nueva solicitud de opinión consultiva a la Corte Internacional de Justicia (CIJ)

Nicolas Boeglin, Profesor de Derecho Internacional Público, Facultad de Derecho, Universidad de Costa Rica (UCR). …