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RS 0.784.012 Instrument of Amendment of 24 November 2006 to the Constitution of the International Telecommunication Union as amended by the Conferences of Plenipotentiaries of Kyoto 1994, Minneapolis 1998 and Marrakech 2002 (with annex)

Original Language Title: RS 0.784.012 Instrument d’amendement du 24 novembre 2006 à la Constitution de l’Union internationale des télécommunications telle qu’amendée par les Conférences de plénipotentiaires de Kyoto 1994, de Minneapolis 1998 et de Marrakech 2002 (avec annexe)

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0.784.012

Original text

Instrument of amendment

The Constitution of the International Telecommunication Union 1 As amended by the Plenipotentiary Conferences of Kyoto 1994, Minneapolis 1998 and Marrakech 2002

Adopted in Antalya on 24 November 2006

Instrument of ratification deposited by Switzerland on 13 May 2008

Entered into force for Switzerland on 13 May 2008

(Status on 10 March 2016)

( Consolidated version ) 2

Preamble 1

1

By fully recognising the sovereign right of each State to regulate its telecommunications and taking into account the growing importance of telecommunications for the preservation of peace and the economic and social development of all States, The States Parties to this Constitution, a fundamental instrument of the International Telecommunication Union, and the International Telecommunication Union Convention 1 (hereinafter referred to as " the Convention) which supplements it, for the purpose of facilitating peaceful relations and international cooperation among peoples, as well as economic and social development through the proper functioning of telecommunications, shall be Agreed to the following:


Chapter I Basic provisions

Art. 1 Subject of the Union 19A PP-98

2

The purpose of the Union is to:

3 PP-98

(a)
To maintain and extend international cooperation among all its Member States for the improvement and rational use of telecommunications of all kinds;

3A PP-98

A Bis )
To encourage and broaden the participation of entities and organisations in the activities of the Union and to ensure fruitful cooperation and partnership between them and Member States in order to meet the general objectives set out in the The Union;

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(b)
Promote and provide technical assistance to developing countries in the field of telecommunications, and also promote the mobilization of the material, human and financial resources necessary for its implementation, as well as Access to information;

5

(c)
Encourage the development of technical means and their most effective use, with a view to increasing the performance of telecommunications services, increasing their usefulness and making their use more widely available to the public;

6

(d)
Strive to extend the benefits of new telecommunications technologies to all people on the planet;

7

(e)
Promote the use of telecommunications services in order to facilitate peaceful relations;

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(f)
To harmonise the efforts of Member States and to foster fruitful and constructive cooperation and partnership between Member States and Members of the sectors for these purposes;

9

(g)
To promote at the international level the adoption of a more general approach to telecommunications issues, in view of the globalisation of the economy and the information society, by working with other organisations Regional and international intergovernmental organizations, as well as non-governmental organizations involved in telecommunications.

10

2. In particular, the Union shall:

11 PP-98

(a)
Performs the assignment of frequency bands of the radio spectrum, the allotment of radio frequencies and the recording of frequency assignments and, for space services, any associated orbital position on the orbit Geostationary satellites or any associated features of satellites on other orbits in order to avoid harmful interference between radio stations in different countries;

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(b)
Coordinates efforts to eliminate harmful interference between radiocommunication stations in different countries and to improve the use of the radio frequency spectrum for radiocommunication services as well as The orbit of geostationary satellites and other orbits;

13

(c)
Facilitates the global standardization of telecommunications, with a satisfactory quality of service;

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(d)
Promotes international cooperation and solidarity with a view to providing technical assistance to developing countries as well as the creation, development and development of telecommunications facilities and networks in countries Development by all means at its disposal, including its participation in relevant United Nations programmes and the use of its own resources, as required;

15

(e)
Coordinates efforts to harmonize the development of telecommunications facilities, including those using space technology, in order to make the best possible use of the opportunities they provide;

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(f)
Promotes collaboration between Member States and Members of the Sectors with a view to establishing tariffs at as low a level as possible, compatible with good quality service and financial management of sound telecommunications and Independent;

17

(g)
Results in the adoption of measures to ensure the security of human life through the cooperation of telecommunications services;

18

(h)
Conducts studies, adopts regulations, adopts resolutions, formulates recommendations and wishes, collects and publishes information on telecommunications;

19

(i)
Works with international financing and development agencies to promote the establishment of preferential and favourable lines of credit for the development of social projects aimed at, inter alia, extending the services of Telecommunications to the most remote areas in the countries;

19A PP-98

(j)
Encourages the participation of the entities concerned in the activities of the Union and cooperation with regional or other organisations in order to respond to the Union's purpose.
Art. 2 Membership of the Union PP-98

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The International Telecommunication Union is an intergovernmental organization in which Member States and Members of the Sectors, which have well-defined rights and obligations, cooperate in order to respond to the object of the Union. In view of the principle of universality and the interest of universal participation in the Union, it consists of:

21 PP-98

(a)
Any State which is a Member State of the International Telecommunication Union as a party to any International Telecommunication Convention before the entry into force of this Constitution and the Convention;

22

(b)
Any other State, Member of the United Nations, which adheres to this Constitution and to the Convention in accordance with the provisions of Art. 53 of this Constitution;

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(c)
Any other State, not a Member of the United Nations, which seeks to become a Member State of the Union and which, after its application has been approved by two thirds of the Member States of the Union, shall accede to this Constitution and the Convention Pursuant to the provisions of s. 53 of this Constitution. If such a request for admission as a Member State is made during the period between two Conferences of Plenipotentiaries, the Secretary-General shall consult the Member States of the Union; a Member State shall be considered to have been He did not reply within four months from the date on which he was consulted.

PP-98

Art. 3 Rights and obligations of Member States and sectors 28C PP-98

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1. The Member States and the Members of the Sectors shall have the rights and shall be subject to the obligations laid down in this Constitution and the Convention.

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2. The rights of Member States, with regard to their participation in the conferences, meetings and consultations of the Union, are as follows:

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(a)
Any Member State has the right to participate in conferences, is eligible for the Council and has the right to nominate candidates for the election of elected officials of the Union or members of the Radio Regulations Committee;

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(b)
Any Member State shall, subject to the provisions of paragraphs 169 and 210 of this Constitution, also be entitled to one vote at all Conferences of Plenipotentiaries, at all world conferences and at all meetings of the Sectors And to all meetings of the Study Groups and, if it is a member of the Council, to all sessions of the Council. At regional conferences, only the Member States of the region concerned have the right to vote;

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(c)
Any Member State shall, subject to the provisions of paragraphs 169 and 210 of this Constitution, also be entitled to one vote in any consultation carried out by correspondence. In the case of consultations concerning regional conferences, only the Member States of the region concerned shall have the right to vote.

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3. With regard to their participation in the activities of the Union, Members of the Sectors shall be entitled to participate fully in the activities of the Sector of which they are members, subject to the relevant provisions of this Constitution and to the The Convention:

28B PP-98

(a)
They can provide Chairs and Vice-Chairs for the Sectors' meetings and meetings, as well as for the global telecommunications development conferences;

28C PP-98

(b)
They are authorized, subject to the relevant provisions of the Convention and the relevant decisions adopted in that regard by the Conference of Plenipotentiaries, to participate in the adoption of the Questions and Recommendations and the decisions Relating to the working methods and procedures of the Sector concerned.
Art. 4 Instruments of the Union 32

29

The Union's instruments are:

-
The present Constitution of the International Telecommunication Union;
-
The International Telecommunication Union Convention; and
-
The By-laws.

30

2. This Constitution, the provisions of which are supplemented by those of the Convention, is the fundamental instrument of the Union.

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3. The provisions of this Constitution and the Convention are further supplemented by those of the Administrative Regulations listed below, which regulate the use of telecommunications and bind all Member States:

-
The International Telecommunications Regulations;
-
The Radio Regulations.

32

4. In the event of a discrepancy between a provision of this Constitution and a provision of the Convention or of the By-laws, the Constitution shall prevail. In the event of a discrepancy between a provision of the Convention and a provision of the By-laws, the Convention shall prevail.

Art. 5 Definitions 36

33

Has less conflict with context:

34

(a)
The terms used in this Constitution and defined in its Annex, which is an integral part of this Constitution, have the meaning assigned to them in that Annex;

35

(b)
The terms-other than those defined in the Annex to this Constitution-used in the Convention and defined in the Annex to that Convention, which forms an integral part of the Convention, have the meaning assigned to them in that Annex;

36

(c)
The other terms defined in the By-laws have the meaning assigned to them in these Regulations.
Art. 6 Implementation of Union instruments 38 PP-98

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Member States shall be obliged to comply with the provisions of this Constitution, the Convention and the By-Laws in all offices and in all telecommunication stations established or operated by them and which Provide international services or that may cause harmful interference to radiocommunication services in other countries, except in respect of services that are beyond those obligations under the provisions of s. 48 of this Constitution.

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2. Member States are also required to take the necessary measures to impose compliance with the provisions of this Constitution, the Convention and the By-Laws on the farms authorized by them to establish and Operate telecommunications and provide international services or operate stations that may cause harmful interference to radiocommunication services in other countries.

Art. 7 Structure of the Union 46

39

The Union shall comprise:

40

(a)
The Conference of Plenipotentiaries, the supreme body of the Union;

41

(b)
The Council, acting as the representative of the Conference of Plenipotentiaries;

42

(c)
Global international telecommunications conferences;

43

(d)
The Radiocommunication Sector, including the world and regional radio communications conferences, the Radiocommunication Assemblies and the Radio Regulations Committee;

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(e)
The Telecommunication Standardization Sector, including the global telecommunications standards assemblies;

45

(f)
The Telecommunications Development Sector, including global and regional telecommunications development conferences;

46

(g)
The General Secretariat.
Art. 8 The Conference of Plenipotentiaries 59D PP-94 PP-98

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1. The Conference of Plenipotentiaries shall be composed of delegations representing Member States. It is convened every four years.

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2. On the basis of proposals by Member States and taking into account the reports of the Council, the Conference of Plenipotentiaries:

49

(a)
Determines the general principles for satisfying the object of the Union set out in Art. 1 of this Constitution;

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(b)
Examines the Council's reports on the activities of the Union since the previous Plenipotentiary Conference, as well as on the general policy and strategic planning of the Union;

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(c)
Taking into account the decisions taken on the basis of the reports referred to in paragraph 50 above, establish the strategic plan for the Union and the bases of the Union's budget and set the corresponding financial limits for the period up to The following Conference of Plenipotentiaries, having examined all relevant aspects of the activities of the Union during that period;

51A PP-98

C Bis )
Shall establish, in accordance with the procedures set out in 161D to 161G of this Constitution, the total number of contributory units for the period up to the next Conference of Plenipotentiaries, on the basis of the contribution classes Announced by Member States;

52

(d)
Formulates all general directives concerning the Union's workforce and establishes, as appropriate, basic salaries, salary ranges and the system of allowances and pensions of all EU officials;

53

(e)
Examines the Union's accounts and approves them definitively where appropriate;

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(f)
Elects the Member States to call the Council

55

(g)
Elects the Secretary-General, the Deputy Secretary-General and the Directors of the Sectors in their capacity as elected officials of the Union;

56

(h)
Elects the members of the Radio Regulations Committee;

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(i)
Shall examine and adopt, where appropriate, the proposals for amendments to this Constitution and to the Convention, formulated by the Member States, in accordance with the provisions of Art. 55 of this Constitution and the relevant provisions of the Convention;

58

(j)
Shall conclude or revise, where appropriate, the agreements between the Union and other international organisations, examine any provisional agreement concluded by the Council on behalf of the Union with such organisations and give it the further action it deems appropriate;

58A PP-98 PP-02

J Bis )
Adopts and amends the General Rules governing the Conferences, Assemblies and Meetings of the Union;

59

(k)
Addresses all other telecommunications issues deemed necessary.

59A PP-94

3. Exceptionally, during the interval between two ordinary Conferences of Plenipotentiaries, an Extraordinary Plenipotentiary Conference may be convened with a limited agenda to deal with specific subjects:

59B PP-94

(a)
By decision of the previous Ordinary Plenipotentiary Conference;

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(b)
Upon request made individually by two-thirds of the Member States and addressed to the Secretary-General;

59D PP-94 PP-98

(c)
On a proposal from the Council, with the agreement of at least two thirds of the Member States.
Art. Election Principles and Related Issues 64 PP-02

60

1. In the elections referred to in paragraphs 54 to 56 of this Constitution, the Plenipotentiary Conference shall ensure that:

61 PP-02

(a)
Member States of the Council shall be elected with due regard to the need for a fair distribution of the seats of the Council between all regions of the world;

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(b)
The Secretary-General, the Deputy Secretary-General and the Directors of the Bureaux shall be elected from among the candidates proposed by the Member States as their nationals, whether they are nationals of different Member States and, at the time of Their election, taking due account of equitable geographical distribution among the regions of the world, and taking due account of the principles set out in paragraph 154 of this Constitution;

63 PP-94 PP-98 PP-02

(c)
The members of the Radio Regulations Committee shall be elected on an individual basis and selected from among the candidates proposed by the Member States as their nationals. Each Member State may propose only one candidate. Members of the Radio Regulations Committee shall not be nationals of the same Member State as the Director of the Radiocommunication Bureau; for their election, due consideration should be given to the principle of Equitable geographical distribution between the regions of the world and the principles set out in paragraph 93 of this Constitution.

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2. The provisions relating to entry into office, vacancy and reeligibility are set out in the Convention.

Art. 10 The Council 72

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1.
The Council shall be composed of Member States elected by the Conference of Plenipotentiaries in accordance with the provisions of paragraph 61 of this Constitution.

66 PP-02

2)
Each Member State of the Council appoints to sit on the Council a person who can be assisted by one or more assessors.

67 PP-02

Repealed

68

3. In the interval between the Conferences of Plenipotentiaries, the Council, in its capacity as the governing body of the Union, shall act as the representative of the Conference of Plenipotentiaries within the limits of the powers delegated by it.

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4. 1)
The Council shall be responsible for taking all measures to facilitate the implementation by Member States of the provisions of this Constitution, the Convention, the Administrative Regulations, the decisions of the Conference of Plenipotentiaries and, where appropriate, decisions of other conferences and meetings of the Union, as well as to carry out all other tasks assigned to it by the Conference of Plenipotentiaries.

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2)
The Council shall examine the major telecommunications policy issues in accordance with the general guidelines of the Conference of Plenipotentiaries, in order to ensure that the Union's policy guidelines and strategy are fully adapted to Developments in the telecommunications environment

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2 Bis )
The Council shall draw up a report on the policy and strategic planning recommended for the Union and on their financial implications, using the concrete data prepared by the Secretary-General pursuant to paragraph 74A Below.

71

3)
It ensures effective coordination of the Union's activities and exercises effective financial control over the Secretariat-General and the three Sectors.

72

4)
It shall contribute, in accordance with the object of the Union, to the development of telecommunications in developing countries by all means at its disposal, including through the participation of the Union in the appropriate programmes of the United Nations.
Art. 11 General Secretariat 77

73

1.
The Secretariat-General is headed by a Secretary-General assisted by a Deputy Secretary-General.

73 Bis PP-06

The Secretary-General shall act as the Union's legal representative.

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2)
The functions of the Secretary-General are set out in the Convention. In addition, the Secretary-General:

74 PP-98

(a)
Coordinates the activities of the Union with the assistance of the Coordination Committee;

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(b)
Prepares, with the assistance of the Coordination Committee, and provides Member States and Members of the Sectors with any concrete data necessary for the preparation of a report on the policy and strategic plan of the Union; Coordinates the implementation of the plan; the report shall be communicated to the Member States and Members of the Sectors for consideration during the last two regular sessions of the Council preceding the Conference of Plenipotentiaries;

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(c)
Takes all the measures required to ensure that the Union's resources are used with economy and is responsible to the Council for all the administrative and financial aspects of the Union's activities;

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Repealed

76A PP-98

3)
The Secretary-General may act as depositary of special arrangements established in accordance with art. 42 of this Constitution.

77

2. The Deputy Secretary-General shall be accountable to the Secretary-General; he shall assist the Secretary-General in the performance of his duties and shall undertake the special tasks entrusted to him by the Secretary-General. It shall exercise the functions of the Secretary-General in the absence of the Secretary-General.

Chapter II Radiocommunication Sector

Art. 12 Functions and Structure 88 PP-98

78 PP-98

1.
The functions of the Radiocommunication Sector, bearing in mind the particular concerns of developing countries, are to respond to the subject matter of the Union concerning radiocommunications, as set out in Art. 1 of this Constitution,
-
By ensuring the rational, equitable, efficient and economical use of the radio frequency spectrum by all radiocommunication services, including those using the geostationary orbit or other orbits, Subject to the provisions of s. 44 of this Constitution, and
-
Conducting studies without limiting the frequency range and adopting radio communications recommendations.

79

2)
The specific responsibilities of the Radiocommunication Sector and the Telecommunication Standardization Sector should be reviewed on an ongoing basis, in close collaboration, with respect to issues of concern to both Sectors, In accordance with the relevant provisions of the Convention. Close coordination must be ensured between the radiocommunications sectors, the standardisation of telecommunications, and the development of telecommunications.

80

2. The operation of the Radiocommunication Sector is ensured by:

81

(a)
Global and regional radio communications conferences;

82

(b)
The Radio Regulations Committee;

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(c)
Radiocommunication Assemblies;

84

(d)
Boards of study;

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D Bis )
The Radiocommunication Advisory Group;

85

(e)
The Radiocommunications Bureau headed by an elected director.

86

3. The Radiocommunication Sector has the following members:

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(a)
Law, the administrations of all Member States;

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(b)
Any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.
Art. 13 Radiocommunication Conferences and Radiocommunication Assemblies 92 PP-98

89

1. A World Radiocommunication Conference may conduct a partial or, exceptionally, total revision of the Radio Regulations and deal with any other matter of a global nature falling within its jurisdiction and Relating to its agenda. The other functions of this conference are set out in the Convention.

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2. World Radiocommunication Conferences shall normally be convened every three years to four years; however, in accordance with the relevant provisions of the Convention, such a conference may not be convened or a conference Additional may be called.

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3. The Radiocommunication Assemblies shall normally be convened every three years to four years and may be associated in place and dates at the World Radiocommunication Conferences to improve efficiency and effectiveness. Productivity of the Radiocommunication Sector. The Radiocommunication Assemblies shall establish the necessary technical bases for the work of the World Radiocommunication Conferences and shall follow up all the requests of such conferences; their functions shall be set out in the Convention.

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The decisions of the World Radiocommunication Conferences, the Radiocommunication Assemblies and the Regional Radiocommunication Conferences shall, in all cases, be in accordance with the provisions of this Constitution and The Convention. Decisions of the Radiocommunication Assemblies or Regional Radiocommunication Conferences shall also, in all cases, be in accordance with the provisions of the Radio Regulations. When adopting resolutions or decisions, conferences must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions likely to result in the limits being exceeded Financial fixed by the Conference of Plenipotentiaries.

Art. 14 Radio Regulations Committee PP-98

93

1. The Radio Regulations Committee shall consist of elected members who are fully qualified in the field of radiocommunications and have practical experience in the assignment and use of frequencies. Each member must be aware of the geographic, economic and demographic conditions of a particular region of the world. Members shall serve in the service of the Union independently and on a part-time basis.

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1 Bis The Radio Regulations Committee shall consist of no more than 12 members or a number of members corresponding to 6 % of the total number of Member States, whichever is the greater.

94

2. The functions of the Radio Regulations Committee consist of:

95 PP-98 PP-02

(a)
Approval of procedural rules, which include technical criteria, in accordance with the Radio Regulations and the decisions of the relevant radio communications conferences. These rules of procedure shall be used by the Director and the Bureau in the application of the Radio Regulations to record frequency assignments made by Member States. These rules are developed in a transparent manner and can be the subject of comments by administrations and, in the event of persistent disagreement, the matter is referred to the next World Radiocommunication Conference;

96

(b)
To examine any other problems which cannot be solved by the application of the aforementioned procedural rules;

97 PP-98

(c)
Perform all additional tasks relating to the assignment and use of frequencies, as described in paragraph 78 of this Constitution, in accordance with the procedures set out in the Radio Regulations, as prescribed by A competent conference or by the Council with the consent of the majority of the Member States for the preparation of such a conference or in accordance with its decisions.

98

3. 1)
The members of the Radio Regulations Committee, in carrying out their functions within the Committee, do not represent their Member States or regions, but are entrusted with an international public office. In particular, each member of the Committee shall refrain from participating in decisions relating directly to his or her administration.

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2)
No member of the Committee shall, in respect of the performance of his or her duties in the service of the Union, request or receive instructions from any Government or from any member of any government or from any organization or public person Or private. The members of the Committee shall refrain from taking any action or associated with any decision which may be incompatible with their status as defined in paragraph 98 above.

100 PP-98

3)
Member States and Members of the Sectors shall respect the exclusively international character of the functions of the members of the Committee and shall refrain from seeking to influence them in the performance of their functions within the Committee.

101

4. The working methods of the Radio Regulations Committee are defined in the Convention.

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Art. 15 Study Boards and Radiocommunication Advisory Group 102 PP-98

102 PP-98

The respective functions of the Study Commissions and the Radiocommunication Advisory Group are set out in the Convention.

Art. 16 Radiocommunication Bureau 103

103

The functions of the Director of the Radio Communications Office are set out in the Convention.

Chapter III Telecommunication Standardization Sector

Art. 17 Features and Structure PP-98

104 PP-98

1.
The functions of the Telecommunication Standardization Sector are, bearing in mind the particular concerns of developing countries, to respond to the Union's objective concerning the standardization of telecommunications, as it does Is set out in s. 1 of this Constitution, by conducting studies on technical, operational and pricing issues and by adopting recommendations on them for the standardization of telecommunications worldwide.

105

2)
The specific responsibilities of the Telecommunication Standardization Sector and the Radiocommunication Sector should be reviewed on an ongoing basis, in close collaboration, with respect to issues of interest to both Sectors, In accordance with the relevant provisions of the Convention. Close coordination must be ensured between the radiocommunications sectors, the standardisation of telecommunications and the development of telecommunications.

106

2. The operation of the Telecommunication Standardization Sector shall be ensured by:

107 PP-98

(a)
Global telecommunications standardization assemblies;

108

(b)
Telecommunications Standardisation Study Commissions;

108A PP-98

B Bis )
The Telecommunication Standardization Advisory Group;

109

(c)
The Bureau of Telecommunication Standardization, headed by an elected director.

110

3. The Telecommunication Standardization Sector has the following members:

111 PP-98

(a)
Law, the administrations of all Member States;

112 PP-98

(b)
Any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.

PP-98

Art. 18 Global Telecommunication Standardization Assemblies PP-98

113 PP-98

The role of the World Telecommunication Standardization Assemblies is defined in the Convention.

114 PP-98

2. The World Telecommunication Standardization Assemblies shall be convened every four years; however, an additional meeting may be convened in accordance with the relevant provisions of the Convention.

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(3) Decisions of the World Telecommunication Standardization Assemblies shall, in all cases, be in accordance with the provisions of this Constitution, the Convention and the By-Laws. When adopting resolutions or decisions, the Assemblies must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions likely to result in the exceeding of the limits Financial fixed by the Conference of Plenipotentiaries.

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Art. 19 Study Commissions and Telecommunication Standardization Advisory Group 116 PP-98

116 PP-98

The respective functions of the Study Commissions and the Telecommunication Standardization Advisory Group are set out in the Convention.

Art. Bureau of Telecommunication Standardization 117

117

The functions of the Director of the Bureau of Standardization of Telecommunications are set out in the Convention.

Chapter IV Telecommunications Development Sector

Art. Functions and Structure 136 PP-98

118

1.
The functions of the Telecommunications Development Sector are to respond to the object of the Union as set out in s. 1 of this Constitution and to fulfil, within the limits of its sphere of specific competence, the dual responsibility of the Union as a specialized agency of the United Nations and enforcement agent for the implementation of the Projects within the framework of the United Nations development system or other financing arrangements, in order to facilitate and improve the development of telecommunications by providing, organizing and coordinating the activities of Technical cooperation and assistance.

119

2)
The activities of the Radiocommunications, Telecommunication Standardization and Telecommunication Development Sectors are the subject of close cooperation with respect to development issues in accordance with the Relevant provisions of this Constitution.

120

2. In the above framework, the specific functions of the Telecommunications Development Sector are:

121

(a)
Increase policy-makers' awareness of the important role of telecommunications in national economic and social development programs, and provide information and advice on policy options General and structure;

122 PP-98

(b)
Encourage, in particular through the partnership, the development, expansion and exploitation of telecommunications networks and services, particularly in developing countries, taking into account the activities of the other bodies concerned, Strengthening resources for human resources development, planning, management, resource mobilization and research and development;

123

(c)
Stimulate the growth of telecommunications through cooperation with regional telecommunications organisations and with the global and regional development finance institutions, following the progress of the projects selected In its development programme, in order to ensure their proper implementation;

124

(d)
Promote the mobilization of resources to provide assistance to developing countries in the field of telecommunications, by encouraging the establishment of preferential and favourable lines of credit and by cooperating with agencies International and regional financing and development;

125

(e)
Promote and coordinate programmes to accelerate the transfer of appropriate technologies to developing countries, taking into account developments and changes in the networks of developed countries;

126

(f)
Encourage industry participation in the development of telecommunications in developing countries, and provide advice on the choice and transfer of appropriate technologies;

127

(g)
Provide advice, conduct or sponsor studies, where appropriate, on technical, economic, financial, management, regulatory and policy issues, including studies on specific projects in the Telecommunications domain;

128

(h)
To work with other sectors, the General Secretariat and other relevant bodies to develop a comprehensive plan for international and regional telecommunications networks, in order to facilitate the coordination of their development by The provision of telecommunications services;

129

(i)
Special attention should be paid to the needs of the least developed countries in the performance of the above functions.

130

3. The operation of the Telecommunications Development Sector is ensured by:

131

(a)
Global and regional telecommunications development conferences;

132

(b)
Telecommunications development study commissions;

132A PP-98

B Bis )
The Telecommunications Development Advisory Group;

133

(c)
The Communications Development Office, led by an elected director.

134

4. The Telecommunications Development Sector has the following members:

135 PP-98

(a)
Law, the administrations of all Member States;

136 PP-98

(b)
Any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.
Art. Telecommunications Development Conferences PP-98

137

1. The telecommunications development conferences provide a framework for discussion of issues, projects and programmes relevant to the development of telecommunications and where guidance is provided to the Bureau of Development of telecommunications.

138

2. Telecommunications development conferences include:

139

(a)
Global telecommunications development conferences;

140

(b)
Regional telecommunications development conferences.

141

3. It is held between two Conferences of Plenipotentiaries, a global conference on the development of telecommunications and, according to resources and priorities, regional conferences on the development of telecommunications.

142 PP-98

4. Telecommunication development conferences do not develop Final Acts. Their conclusions take the form of resolutions, decisions, recommendations or reports. Such conclusions shall, in all cases, be in accordance with the provisions of this Constitution, the Convention and the By-Laws. When adopting resolutions or decisions, conferences must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions likely to result in the limits being exceeded Financial fixed by the Conference of Plenipotentiaries.

143

5. The role of telecommunications development conferences is defined in the Convention.

PP-98

Art. Telecommunications Development Studies Boards and Telecommunications Development Advisory Group 144 PP-98

144 PP-98

The respective functions of the Telecommunication Development Study Commissions and the Telecommunication Development Advisory Group are set out in the Convention.

Art. 24 Telecommunications Development Bureau PP-02

145

The functions of the Director of the Communications Development Office are set out in the Convention.

PP-02

Chapter IVA Working methods of the sectors

Chapter V Other provisions relating to the functioning of the Union

Art. 25 Global International Telecommunications Conferences 147 PP-98

146

1. A global conference on international telecommunications may conduct a partial, or exceptionally complete, review of the International Telecommunications Regulations and deal with any other matter of a global nature falling within the scope of Its competence or relating to its agenda.

147 PP-98

2. Decisions of world international telecommunications conferences shall, in all cases, be consistent with the provisions of this Constitution and the Convention. In the adoption of resolutions or decisions, conferences must take into account foreseeable financial implications and should avoid adopting resolutions or decisions likely to result in the exceeding of the limits Financial fixed by the Conference of Plenipotentiaries.

Art. 26 Coordination Committee 149

148

The Coordination Committee shall consist of the Secretary-General, the Deputy Secretary-General and the Directors of the three Bureaux. It is chaired by the Secretary-General and, in his absence, by the Deputy Secretary-General.

149

2. The Coordination Committee shall assume the functions of an internal management team that advises the Secretary-General and provides practical assistance to the Secretary-General on all matters relating to administration, finance, information systems and Technical cooperation which is not exclusively within the competence of a given sector or of the Secretariat-General, as well as in the fields of external relations and public information. In considering these issues, the Committee takes full account of the provisions of this Constitution, the Convention, the decisions of the Council and the interests of the Union as a whole.

Art. 27 Elected officials and Union staff 154

150

1.
In the performance of their duties, the elected officials and the staff of the Union shall not seek or accept instructions from any government or from any authority outside the Union. They must refrain from any action incompatible with their position as international civil servants.

151 PP-98

2)
The Member States and the Members of the Sectors must respect the exclusively international character of the functions of these elected officials and of the staff of the Union, and refrain from seeking to influence them in the performance of their tasks.

152

3)
In addition to their duties, the elected officials and the staff of the Union shall not have any financial interest or interest whatsoever in any undertaking concerned with telecommunications. However, the term "financial interest" should not be construed as an opposition to the continuation of pension payments due to previous employment or services.

153 PP-98

4)
In order to ensure the effective functioning of the Union, any Member State of which a national has been elected Secretary-General, Deputy Secretary-General or Director of a Bureau shall, to the extent possible, refrain from recalling that national between two Plenipotentiary Conferences.

154

2. The dominant consideration in the recruitment and establishment of the conditions of employment of staff must be the need to provide the Union with the services of people with the highest standards of efficiency, competence and integrity. The importance of recruitment carried out on as wide a geographical basis as possible must be duly taken into account.

Art. 28 Union finance 170 PP-98

155

1. The expenses of the Union shall include the costs of:

156

(a)
The Council;

157

(b)
The General Secretariat and the Sectors of the Union;

158

(c)
To the Plenipotentiary Conferences and to the world conferences on international telecommunications.

159 PP-98

2. Union expenditure shall be covered by:

159A-98

(a)
The contributions of its Member States and Members of the Sectors;

159B PP-98

(b)
Other income specified in the Convention or the Financial Regulations.

159C PP-98

2 Bis Each Member State and each Member of Sector shall pay an amount equivalent to the number of units corresponding to the class of contribution chosen by them, in accordance with paragraphs 160 to 161I below.

159D PP-98 PP-02

2 Ter The expenses of the regional conferences referred to in paragraph 43 of this Constitution shall be borne by:

159TH PP-02

(a)
All the Member States of the region concerned, according to their class of contribution;

159F PP-02

(b)
Member States from other regions who have participated in such conferences, according to their class of contribution;

159G PP-02

(c)
Members of Sectors and other authorized organizations that have participated in such conferences, in accordance with the provisions of the Convention.

160 PP-98

3. 1)
Member States and Members of the Sectors shall freely choose the class of contributions according to which they intend to participate in the Union's expenditure.

161 PP-98

2)
Member States shall make their choice during a Conference of Plenipotentiaries in accordance with the scale of the contribution classes and the conditions set out in the Convention and the procedures set out below.

161A PP-98

3)
The Members of the Sectors shall make their choice in accordance with the scale of the contribution classes and the conditions set out in the Convention and the procedures set out below.

161B PP-98

3 Bis . 1)
The Council, at its session preceding the Conference of Plenipotentiaries, shall determine the provisional amount of the contribution unit on the basis of the draft financial plan for the relevant period and the total number of contributory units.

161C PP-98 PP-06

2)
The Secretary-General shall inform the Member States and the Members of the Sectors of the provisional amount of the contribution unit, as determined under paragraph 161B above, and shall invite Member States to notify it, no later than four weeks before the date Fixed for the beginning of the Conference of Plenipotentiaries, the class of contribution which they tentatively choose.

161D PP-98

3)
The Conference of Plenipotentiaries shall determine, during its first week, the provisional upper limit of the contribution unit resulting from the measures taken by the Secretary-General pursuant to paragraphs 161B and 161C above, Account of possible changes in contribution classes notified by Member States to the Secretary-General and of the contribution classes which remain unchanged.

161ST PP-98 PP-02 PP-06

4)
In view of the draft financial plan as revised, the Conference of Plenipotentiaries shall determine, as soon as possible, the final upper limit of the amount of the contribution unit and shall fix the date, which shall be no later than Monday of last Week of the Conference of Plenipotentiaries, to which Member States, at the invitation of the Secretary-General, must have announced the class of contribution they have definitively chosen.

161F PP-98

5)
Member States which have not notified the Secretary-General of their decision on the date fixed by the Conference of Plenipotentiaries shall keep the class of contribution they had previously chosen.

161G PP-98

6)
The Conference of Plenipotentiaries shall then approve the final financial plan on the basis of the total number of contributing units corresponding to the final contribution classes selected by the Member States and the contribution classes of the Members of Sectors on the date of approval of the financial plan.

161H PP-98

3 Ter . 1)
The Secretary-General shall inform the Members of the sectors of the final upper limit of the amount of the contribution unit and shall invite them to notify him, within three months after the closing date of the Conference of Plenipotentiaries, of the class Of the contribution they have chosen.

161I PP-98

2)
Members of the Sectors who have not notified the Secretary-General of their decision within that three-month period shall retain the class of contribution they had previously chosen.

162 PP-98

3)
Amendments to the scale of the contribution classes, adopted by a Conference of Plenipotentiaries, shall apply to the choice of the class of contribution during the next Conference of Plenipotentiaries.

163 PP-94 PP-98

4)
The contribution class chosen by a Member State or a Sector Member shall be applicable from the first biennial budget following a Conference of Plenipotentiaries.

164 PP-98

Repealed

165 PP-98

5. When selecting its contribution class, a Member State shall not reduce it by more than two contribution classes, and the Council shall indicate to it the modalities for the gradual implementation of this reduction in the interval between the Plenipotentiary Conferences. However, in exceptional circumstances, such as natural disasters requiring the launching of international aid programmes, the Plenipotentiary Conference may permit a greater reduction in the number of units Contribution where a Member State requests it and provides evidence that it can no longer maintain its contribution in the class initially chosen.

165A PP-98

5 Bis . In exceptional circumstances, such as natural disasters requiring the launching of international aid programmes, the Council may authorise a reduction in the number of contributory units where a Member State makes such a reduction. Request and provide evidence that he/she can no longer maintain his/her contribution in the class initially selected.

165B PP-98

5 Ter Member States and Members of the Sectors may at any time choose a higher contribution class than they had previously adopted.

166 and 167 PP-98

Repealed

168 PP-98

The Member States and the Members of the Sectors shall pay their annual contributory share in advance, calculated on the basis of the biennial budget approved by the Council and taking into account any adjustments adopted by the Council.

169 PP-98

9. A Member State in arrears in its payments to the Union shall lose its right to vote as defined in paragraphs 27 and 28 of this Constitution until the amount of its arrears equals or exceeds the amount of the contributions due for the two years Previous.

170 PP-98

10. The specific provisions governing the financial contributions of Members of the Sectors and other international organizations are contained in the Convention.

Art. Languages 174

171 PP-06

1.
The official languages of the Union are: English, Arabic, Chinese, Spanish, French and Russian.

172

2)
These languages shall be used, in accordance with the relevant decisions of the Conference of Plenipotentiaries, for the establishment and publication of documents and texts of the Union, in versions equivalent to their form and content, as well as For mutual interpretation during conferences and meetings of the Union.

173

3)
In the event of any disagreement or disagreement, the French text shall be authentic.

174

2. When all participants in a conference or meeting agree to this procedure, the debates may take place in a number of languages lower than that mentioned above.

Art. United Nations Headquarters 175

175

The Union is based in Geneva.

Art. Legal Capacity of the Union PP-02

176 PP-98

The Union shall enjoy within the territory of each of its Member States the legal capacity necessary for the Union to carry out its functions and achieve its objectives.

PP-02

Art. 32 General rules governing conferences, meetings and meetings of the Union 178 PP-98 PP-02

177 PP-98 PP-02

1. The General Rules Governing Conferences, Assemblies and Meetings of the Union adopted by the Conference of Plenipotentiaries shall apply to the preparation of conferences and meetings, to the organization of the work and to the conduct of the discussions of the Conferences, meetings and meetings of the Union, as well as the election of the States Members of the Council, the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux of the Sectors and the members of the Radio Regulations Committee.

178 PP-98 PP-02

2. Conferences, Assemblies and the Council may adopt such rules as they deem necessary in addition to those of Chapter II of the General Rules Governing Conferences, Assemblies and Meetings of the Union. However, these complementary rules shall be compatible with the provisions of this Constitution, the Convention and Chapter II mentioned above; if they are supplementary rules adopted by conferences or assemblies, they shall Are published as documents of the latter.

Chapter VI General provisions relating to telecommunications

PP-98

Art. 33 The right of the public to use the international telecommunication service 179 PP-98

179 PP-98

Member States shall recognise the right of the public to correspond by means of the international service of public correspondence. The services, taxes and guarantees are the same for all users, in each category of correspondence, without any priority or preference.

Art. 34 Telecommunications shutdown 181 PP-98

180 PP-98

Member States reserve the right to stop, in accordance with their national legislation, the transmission of any private telegram which would appear to be dangerous for the safety of the State or contrary to its laws, public order or morality, to Shall immediately notify the office of origin of the total stop of the telegram or any part thereof, except where such notification may seem dangerous to the security of the State.

181 PP-98

2. Member States also reserve the right to interrupt, in accordance with their national law, any other private telecommunications which may appear dangerous for the security of the State or contrary to its laws, public order or good Mores.

Art. 35 Suspension of service 182 PP-98

182 PP-98

Each Member State reserves the right to suspend the international telecommunication service, either in general or only for certain relations or for certain types of departure, arrival or transit connections, to Responsible for notifying each of the other Member States immediately through the Secretary-General.

Art. 36 Responsibility 183 PP-98

183 PP-98

Member States shall not accept any liability for users of international telecommunications services, in particular as regards claims for damages.

Art. Telecommunication Secret 185

184 PP-98

Member States undertake to take all possible measures, compatible with the telecommunications system employed, in order to ensure the secrecy of international correspondence.

185

2. However, they reserve the right to communicate such correspondence to the competent authorities, in order to ensure the application of their national legislation or the implementation of the international conventions to which they are parties.

Art. 38 Establishment, Operation and Safeguarding of Telecommunications Routes and Facilities 189A PP-98

186 PP-98

Member States shall take appropriate measures to establish, under the best technical conditions, the routes and facilities necessary to ensure the rapid and uninterrupted exchange of international telecommunications.

187

2. Wherever possible, these routes and facilities shall be operated in accordance with the methods and procedures that the practical experience of the operation has proven to be the best, maintained in good condition and maintained at the level of progress Scientific and technical.

188 PP-98

3. Member States shall ensure that these routes and installations are safeguarded within the limits of their jurisdiction.

189 PP-98

4. Except for specific arrangements setting out other conditions, all Member States shall take appropriate measures to ensure the maintenance of those sections of international telecommunications circuits which are within the limits of Their control.

189A PP-98

5. The Member States recognise the need to take practical measures to prevent the operation of all kinds of electrical equipment and installations from disrupting the operation of telecommunications installations Within the limits of the jurisdiction of other Member States.

Art. 39 Notification of Contraventions 190 PP-98

190 PP-98

In order to facilitate the application of the provisions of Art. 6 of this Constitution, the Member States undertake to inform each other and, where appropriate, to assist each other in relation to the provisions of this Constitution, the Convention and the Administrative Regulations.

Art. 40 Telecommunications priority relating to the safety of human life 191

191

International telecommunications services must give absolute priority to all telecommunications relating to the safety of human life at sea, on land, in the air and in outer space, as well as to Emergency Epidemiological Telecommunications of the World Health Organization.

Art. Priority of state telecommunications 192

192

Subject to the provisions of Art. 40 and 46 of this Constitution, state telecommunications (see Annex to this Constitution, number 1014) shall enjoy a right of priority over other telecommunications, wherever possible, where the request is made Specifically by the person concerned.

Art. Special arrangements 193 PP-98

193 PP-98

Member States shall reserve, for themselves, for holdings recognised by them and for other holdings duly authorised to that effect, the right to enter into special arrangements on telecommunications matters which Is not of interest to all Member States. However, such arrangements shall not be contrary to the provisions of this Constitution, the Convention or the By-Laws, with regard to harmful interference that their implementation would be Liable to cause to the radiocommunication services of other Member States, and in general as regards the technical damage which this application may cause to the operation of other telecommunication services of other States Members.

Art. 43 Regional conferences, regional arrangements, regional organizations 194 PP-98

194 PP-98

Member States reserve the right to hold regional conferences, to conclude regional arrangements and to establish regional organizations, with a view to resolving telecommunications issues that may be dealt with in a plan Regional. Regional arrangements shall not conflict with this Constitution or the Convention.

Chapter VII Special Provisions on Radiocommunications

PP-98

Art. 44 Use of the radio frequency spectrum as well as the geostationary orbit and other orbits 196 PP-98

195 PP-02

Member States shall endeavour to limit the number of frequencies and the extent of the spectrum used to the minimum necessary to ensure the satisfactory operation of the necessary services. To this end, they shall endeavour to apply the latest developments in the field of technology as soon as possible.

196 PP-98

2. In the use of frequency bands for radiocommunication services, Member States must take into account the fact that radio frequencies and associated orbits, including the geostationary orbit, are Limited natural resources that are to be used in a rational, efficient and cost-effective manner, in accordance with the provisions of the Radio Regulations, in order to allow for equitable access by individual countries, or groups of countries To these orbits and frequencies, taking into account the special needs of countries in The development and geographical situation of certain countries.

Art. 45 Harmful interference 199 PP-98

197 PP-98

1. All stations, irrespective of their purpose, shall be established and operated so as not to cause interference to the radio communications or services of other Member States, recognised holdings and Other operations duly authorized to provide a radiocommunication service, and which operate in accordance with the provisions of the Radio Regulations.

198 PP-98

(2) Each Member State undertakes to require the operations recognised by it and other holdings duly authorised to that effect to comply with the requirements of paragraph 197 above.

199 PP-98

In addition, Member States recognise the need to take practically possible measures to prevent the operation of electrical appliances and appliances of all kinds from causing harmful interference to the Communications or radio services referred to in 197 above.

Art. Distress calls and messages 200

200

Radiocommunication stations are obliged to accept, as a matter of priority, distress calls and messages, regardless of where they come from, to respond to these messages and to immediately follow them up as required.

Art. Distress, emergency, security or false or misleading identification 201 PP-98

201 PP-98

Member States undertake to take appropriate measures to suppress the transmission or circulation of distress, urgency, security or false or misleading identification signals, and to cooperate with a view to locating and identifying Stations under their jurisdiction that emit such signals.

Art. 48 National Defence Services Facilities 204

202 PP-98

1. The Member States shall retain their full freedom in respect of military radio installations.

203

2. However, such installations shall, as far as possible, observe the regulations concerning relief to be provided in the event of distress and the measures to be taken to prevent harmful interference, as well as the requirements of Administrative regulations for the types of programs and frequencies to be used, depending on the nature of the service they provide.

204

In addition, where such facilities participate in the service of public correspondence or other services governed by the By-laws, they shall, in general, comply with the regulatory requirements applicable to such services.

Chapter VIII Relations with the United Nations, other international organizations and non-member States

Art. Relations with the United Nations 205

205

The relationship between the United Nations and the International Telecommunication Union is defined in the Agreement between the two organizations.

Art. 50 Relations with other international organizations 206 PP-02

206 PP-02

In order to assist in the achievement of full international coordination in the field of telecommunications, the Union should work with international organisations with interests and related activities.

Art. Relations with non-Member States 207 PP-98

207 PP-98

All Member States, for themselves and for recognised holdings, reserve the right to lay down the conditions under which they allow telecommunications to be exchanged with a State which is not a Member State of the Union. If a telecommunication originating in such a State is accepted by a Member State, it shall be transmitted and, insofar as it borrows the telecommunications channels of a Member State, the mandatory provisions of this Constitution, of the The Convention and the Administrative Regulations and the normal fees are applied to it.

Chapter IX Final provisions

Art. Ratification, acceptance or approval 211

208 PP-98

1. This Constitution and the Convention shall be ratified, accepted or approved simultaneously by any signatory Member State, in accordance with its constitutional rules, in the form of a single instrument. This instrument shall be deposited, as soon as possible, with the Secretary-General. The Secretary-General shall inform the Member States of the deposit of each instrument.

209 PP-98

2. 1)
For a period of two years from the date of entry into force of this Constitution and the Convention, any signatory Member State shall enjoy the rights conferred on the Member States of the Union in paragraphs 25 to 28 of this Constitution, Even if it has not deposited an instrument of ratification, acceptance or approval under paragraph 208 above.

210 PP-98

2)
At the expiration of a period of two years from the date of entry into force of this Constitution and the Convention, a Member State signatory which has not deposited an instrument of ratification, acceptance or approval under the Number 208 above shall no longer be entitled to vote at any conference of the Union, at any session of the Council, at any meeting of the sectors of the Union, or in any consultation by correspondence carried out in accordance with the provisions of this Constitution and the Convention, as long as the said instrument has not been deposited. The rights of this Member State, other than voting rights, are not affected.

211

3. After the entry into force of this Constitution and the Convention in accordance with Art. 58 of this Constitution, an instrument of ratification, acceptance or approval shall take effect on the date of filing with the Secretary-General.

Art. Accession 214

212 PP-98

1. A Member State which has not signed this Constitution and the Convention or, subject to the provisions of Art. 2 of this Constitution, any other State referred to in that Article, may accede at any time to this Constitution and the Convention. This accession takes place simultaneously in the form of a single instrument covering both the Constitution and the Convention.

213 PP-98

2. The instrument of accession shall be deposited with the Secretary-General, who shall notify the Member States of the deposit as soon as he receives it and shall transmit an authenticated copy to each of them.

214

3. After the entry into force of this Constitution and the Convention in accordance with Art. 58 of this Constitution, an instrument of accession shall take effect on the date of filing with the Secretary-General, unless that instrument provides otherwise.

Art. Administrative Regulations 223 PP-98

215

1. The By-law, as specified in s. 4 of this Constitution, are binding international instruments and must be in conformity with the provisions of this Constitution and the Convention.

216

2. The ratification, acceptance or approval of this Constitution and of the Convention or accession to these instruments, in accordance with Art. 52 and 53 of this Constitution, also implies consent to be bound by the Administrative Regulations adopted by the relevant world conferences before the date of signature of this Constitution and the Convention. Such consent shall be understood in the light of any reservation made at the time of signature of the said Regulations or any revision thereof and to the extent that it is maintained at the time of deposit of the instrument of ratification, acceptance, Approval or accession.

216A PP-98

2 Bis The Administrative Regulations referred to in 216 above shall remain in force, subject to any revisions which may be adopted pursuant to paragraphs 89 and 146 of this Constitution and implemented. Any revision of the By-Laws, partial or total, shall enter into force on or after the date or dates referred to therein only for those Member States that have notified the Secretary-General, before that date or dates, of their Consent to be bound by such a review.

217 PP-98

Repealed

217A PP-98

3 Bis . The consent of a Member State to be bound by a partial or total revision of the By-laws shall be expressed by the deposit, with the Secretary-General, of an instrument of ratification, acceptance or approval of that revision, or Or by the notification to the Secretary-General of the consent of the Member State to be bound by the revision.

217B PP-98

3 Ter Any Member State may also notify the Secretary-General that ratification, acceptance, approval of amendments or accession to amendments to this Constitution or to the Convention in accordance with Art. 55 of the Constitution or 42 of the Convention, is valid for its consent to be bound by any revision, partial or total, of the Administrative Regulations adopted by a competent conference before the signature of the amendments in question to the present Constitution or the Convention.

217C PP-98

3 Cc The notification referred to in 217B above shall be effected at the time of the deposit by the Member State of its instrument of ratification, acceptance, approval of amendments or accession to the amendments to this Constitution or the Convention.

217D PP-98

3 Penter . Any revision of the Administrative Regulations shall apply provisionally from the date of entry into force of this revision in respect of any Member State which has signed this revision and has not notified the Secretary-General of its consent to be Connected pursuant to paragraphs 217A and 217B above. Such provisional application shall be effective only if the Member State in question is not opposed to it when the revision is signed.

218 PP-98

4. This provisional application shall continue for a Member State until such Member State notifies the Secretary-General of its decision concerning its consent to be bound by such revision.

219 to 221 PP-98

Repealed

221A PP-98

5 Bis . If a Member State does not notify the Secretary-General of its decision concerning its consent to be bound in accordance with paragraph 218 above within thirty-six months from the date or dates of entry into force of the revision, Member State is considered to have consented to be bound by this revision.

221B PP-98

5 Ter Any provisional application within the meaning of number 217D or any consent to be bound within the meaning of number 221A shall be understood in the light of any reservations which the Member State concerned may have made upon signature of the revision. Any consent to be bound within the meaning of numbers 216A, 217A, 217B and 218 above shall be understood in the light of any reservation which the Member State concerned may have made upon the signing of the By-Laws or any revision thereof Provided that this Member State maintains the reservation when it notifies the Secretary-General of its consent to be bound.

222 PP-98

Repealed

223 PP-98

The Secretary-General shall promptly inform the Member States of any notification received under this Article.

Art. Provisions to amend this Constitution 232

224 PP-98 PP-02

1. Any Member State may propose any amendment to this Constitution. Such a proposal must, in order to be transmitted to all Member States and be considered by them in good time, reach the Secretary-General no later than eight months before the date of the opening of the Conference of Plenipotentiaries. The Secretary-General shall publish such a proposal, as soon as possible and no later than six months before the latter date, to inform all Member States.

225 PP-98

2. Any proposal to amend an amendment proposed in accordance with paragraph 224 above may, however, be submitted at any time by a Member State or by its delegation to the Conference of Plenipotentiaries.

226

The quorum required at any plenary meeting of the Conference of Plenipotentiaries for the consideration of any proposal to amend this Constitution or of any amendment of such a proposal shall be constituted by more than half of the delegations Accredited to the Conference of Plenipotentiaries.

227

4. To be adopted, any proposal to amend a proposed amendment, as well as the proposed amendment in its entirety, as amended or not, must be approved at a plenary meeting by at least two-thirds of the delegations Accredited to the Conference of Plenipotentiaries and entitled to vote.

228 PP-98 PP-02

5. The General Rules Governing Conferences, Assemblies and Meetings of the Union shall apply, unless otherwise provided in the preceding paragraphs of this Article.

229 PP-98

6. All amendments to this Constitution adopted by a Conference of Plenipotentiaries shall enter into force on a date fixed by the Conference, in their entirety and in the form of a single amendment instrument, between Member States which Have deposited before that date their instrument of ratification, acceptance, approval or accession to this Constitution and the instrument of amendment. Ratification, acceptance, approval or accession to only part of this instrument of amendment is excluded.

230 PP-98

The Secretary-General shall notify all Member States of the deposit of each instrument of ratification, acceptance, approval or accession.

231

8. After the entry into force of any instrument of amendment, ratification, acceptance, approval or accession in accordance with Art. 52 and 53 of this Constitution shall apply to the amended Constitution.

232

9. After the entry into force of such an instrument of amendment, the Secretary-General shall register it with the Secretariat of the United Nations, in accordance with the provisions of art. 102 of the United Nations Charter 1 Article 241 of this Constitution shall also apply to any instrument of amendment.


Art. 56 Dispute Settlement 235 PP-98

233 PP-98

(1) Member States may settle their disputes on matters relating to the interpretation or application of this Constitution, the Convention or the By-Laws, through negotiation, through diplomatic channels, or by Procedures established by bilateral or multilateral treaties between them for the settlement of international disputes, or by any other method that may be agreed upon by them.

234 PP-98

2. In the event that none of these means of settlement are adopted, any Member State party to a dispute may resort to arbitration, in accordance with the procedure laid down in the Convention.

235 PP-98

(3) The Optional Protocol on the Mandatory Settlement of Disputes under this Constitution, the Convention and the Administrative Regulations shall be applicable between the Member States Parties to this Protocol.

Art. 57 Denunciation of this Constitution and of the Convention 237

236 PP-98

(1) Any Member State which has ratified, accepted or approved this Constitution and the Convention or acceded to it has the right to denounce it. In such a case, this Constitution and the Convention shall be denounced simultaneously in the form of a single instrument by a notification addressed to the Secretary-General. Upon receipt of such notification, the Secretary-General shall notify the other Member States accordingly.

237

(2) Such denunciation shall have effect at the expiration of a period of one year from the date on which the Secretary-General has received notification thereof.

Art. Entry into force and related matters 242

238 PP-02

1. This Constitution and the Convention, adopted by the Conference of Additional Plenipotentiaries (Geneva, 1992), shall enter into force on 1 Er July 1994 between Member States which have deposited their instruments of ratification, acceptance, approval or accession before that date.

239

2. On the date of entry into force specified in 238 above, this Constitution and the Convention shall repeal and replace, among the parties, the Nairobi International Telecommunication Convention (1982).

240

3. In accordance with the provisions of Art. 102 of the United Nations Charter 1 , the Secretary-General of the Union shall register this Constitution and the Convention with the Secretariat of the United Nations.

241 PP-98

4. The original of this Constitution and of the Convention established in the Arabic, Chinese, English, French and Russian languages shall remain deposited in the archives of the Union. The Secretary-General shall send, in the requested languages, a certified copy to each of the signatory Member States.

242

5. In the event of any discrepancy between the texts of this Constitution and the Convention in the different languages, the French text shall be authentic.


Annex

Definition of certain terms used in this Constitution, in the Convention and in the Administrative Regulations of the International Telecommunication Union

1001

For the purposes of the instruments of the Union mentioned above, the following terms have the meaning given by the definitions accompanying them.

1001A PP-98

Me State M Number: A State which is considered to be a Member of the International Telecommunication Union pursuant to the provisions of Art. 2 of this Constitution.

1001B PP-98

Sector Member: An acceptable entity or organization, in accordance with the provisions of Art. 19 of the Convention, to participate in the activities of a Sector.

1002

Administration: Any service or governmental department responsible for the implementation of the obligations of the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and the By-laws.

1003

Harmful Interference: Interference that compromises the operation of a radionavigation service or other safety services or that seriously degrades, repeatedly interrupts or prevents the operation of a radiocommunication service used in accordance with the Radio Regulations.

1004

Public Correspondence: Any telecommunication that offices and stations, by virtue of their making available to the public, must accept for transmission.

1005 PP-98

Delegation: All delegates and, possibly, representatives, advisers, attachments or interpreters sent by the same Member State.

Each Member State shall be free to compose its delegation at its convenience. In particular, it may include, inter alia, as delegates, advisers or attachés, persons belonging to any entity or organization approved in accordance with the relevant provisions of the Convention.

1006 PP-98

Delegate: A person sent by the government of a Member State to a Conference of Plenipotentiaries, or person representing the Government or the administration of a Member State to another Conference or to a meeting of the Union.

1007

Exploitation: An individual, corporation, business or government institution that carries on a telecommunications facility intended to provide an international telecommunications service or that is likely to cause harmful interference to a telecommunications service Such service.

1008 PP-98

Recognized operation: Any operation that meets the above definition, which operates a public correspondence or broadcasting service and to which the obligations under s. 6 of this Constitution shall be imposed by the Member State in whose territory the head office of that holding is installed or by the Member State which has authorised such exploitation to establish and operate a telecommunication service on Its territory.

1009

Radiocommunication: Radio-wave communication.

1010

Broadcasting service: A radiocommunication service whose broadcasts are intended to be received directly by the general public. This service may include audio programs, television programs, or other types of programs.

1011

International Telecommunication Service: Provision of telecommunications between offices or telecommunication stations of any kind, located in different countries or belonging to different countries.

1012

Telecommunication: Any transmission, transmission or reception of signs, signals, writings, images, sounds or information of any kind, by wire, radio, optical or other electromagnetic systems.

1013

Telegram: Written for transmission by telegraphy for delivery to the addressee. This term also includes the radiotelegram, unless otherwise specified.

1014

State Telecommunications: Telecommunications from:

-
Head of Etat;
-
A head of government or a government;
-
Commander-in-Chief of the military, land, naval or air forces;
-
Diplomatic or consular officials;
-
Secretary-General of the United Nations; heads of principal organs of the United Nations;
-
International Court of Justice,

Or responses to the above-mentioned State telecommunications.

1015

Private telegrams: Telegrams other than state or service telegrams.

1016

Telegraphy: Form of telecommunication in which the information transmitted is intended to be recorded on arrival in the form of a graphic document; this information may in some cases be presented in another form or recorded for A later use.

Note: A graphical document is an information medium on which a written or printed text or a fixed image is permanently recorded, and which is likely to be classified and consulted.

1017

Telephony: A form of telecommunication essentially for the exchange of information in the form of a word.


Status on March 10, 2016

Scope of application on 10 March 2016 3

States Parties

Ratification

Accession (A)

Entry into force

South Africa

18 June

2014

18 June

2014

Germany

22 September

2010

22 September

2010

Saudi Arabia *

August 5

2009

August 5

2009

Argentina *

6 October

2010

6 October

2010

Australia

April 17

2008

April 17

2008

Austria * **

7 May

2010

7 May

2010

Bahrain *

7 May

2009

7 May

2009

Belarus *

28 June

2007

1 Er January

2008

Bulgaria *

7 July

2008

7 July

2008

Canada * **

August 12

2010

August 12

2010

Cyprus * **

26 September

2012

26 September

2012

Vatican City *

July 22

2009

July 22

2009

Congo, Kinshasa

25 March

2009 A

25 March

2009

Korea (South)

April 30

2010

April 30

2010

Cuba *

25 January

2012

25 January

2012

Denmark * **

5 November

2008

5 November

2008

Ecuador *

27 September

2012

27 September

2012

Spain *

5 May

2009

5 May

2009

Estonia

April 23

2009

April 23

2009

United States *

16 January

2009

16 January

2009

Finland * **

14 December

2010

14 December

2010

France * **

10 October

2008

10 October

2008

Grenada

11 October

2010

11 October

2010

Hungary *

28 September

2011

28 September

2011

Indonesia

18 May

2010

18 May

2010

Italy *

10 July

2012

10 July

2012

Japan

24 June

2008

24 June

2008

Kuwait *

4 October

2007

1 Er January

2008

Latvia *

23 September

2010

23 September

2010

Lebanon *

3 March

2009

3 March

2009

Liberia

8 October

2008

8 October

2008

Liechtenstein * **

20 November

2009

20 November

2009

Lithuania

27 September

2010

27 September

2010

Malta * **

August 4

2009

August 4

2009

Mexico *

9 January

2012

9 January

2012

Moldova

February 15

2010

February 15

2010

Monaco *

11 May

2011

11 May

2011

Montenegro *

26 July

2010

26 July

2010

Myanmar *

25 March

2009

25 March

2009

New Zealand * **

August 17

2009

August 17

2009

Oman

3 July

2009

3 July

2009

Uzbekistan

9 January

2012

9 January

2012

Netherlands * **

26 May

2010

26 May

2010

Aruba

26 May

2010

26 May

2010

Curaçao

26 May

2010

26 May

2010

Caribbean (Bonaire, Sint Eustatius and Saba)

26 May

2010

26 May

2010

Sint Maarten

26 May

2010

26 May

2010

Qatar

4 October

2007

1 Er January

2008

Czech Republic * **

13 March

2013

13 March

2013

Romania * **

17 July

2008

17 July

2008

Russia

July 6

2010

July 6

2010

Rwanda

1 Er October

2010

1 Er October

2010

San Marino *

2 November

2010

2 November

2010

Serbia

1 Er September

2010

1 Er September

2010

Sierra Leone

26 November

2010 A

26 November

2010

Slovakia

March 11

2008

March 11

2008

Slovenia *

26 August

2009

26 August

2009

South Sudan

3 October

2011 A

3 October

2011

Switzerland *

13 May

2008

13 May

2008

Timor-Leste

August 24

2010 A

August 24

2010

Togo *

July 9

2014

July 9

2014

Vietnam *

August 16

2007

1 Er January

2008

*
Reservations and declarations.
**
Objections.

The reservations, declarations and objections made at the end of the Conference of Additional Plenipotentiaries of the International Telecommunication Union form part of the Final Acts of the Conference. They are not published in the RO. Texts in French, German and English can be obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 2008 3327


1 RS 0.784.01 . Amended by the Instrument of Amendment adopted on 22 October. 2010, in force for Switzerland since 29 August 2012 (RS 0.784.013 ).
2 Note by the General Secretariat: In accordance with Resolution 70 (Rev. Marrakesh, 2002) of the Plenipotentiary Conference on the integration of the principle of equality between women and men in the ITU, the fundamental instruments of the Union (Cst. And Conv.) must be Considered to be in neutral language.
3 This publication supplements those contained in the RO 2008 3327 , 2009 3927, 2010 2153 3533, 2012 4081, 2016 1023. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 10, 2016