ORGANIZACION DE LOS ESTADOS AMERICANOS
ORGANIZATION OF AMERICAN STATES
Comisión Interamericana de Telecomunicaciones
Inter-American Telecommunication Commission
X MEETING OF THE PERMANENT
EXECUTIVE COMMITTEE OF CITEL (COM/CITEL)
December 10 to 14, 2001
Salinas, Ecuador
OEA/Ser.L/XVII.5
COM/CITEL /doc. 656/01
12 December 2001
Original: Spanish
REQUESTS FROM THE IAF AND UPAEP TO SIGN
COOPERATION AGREEMENTS WITH CITEL
( Point on the Agenda: 7.1 )
( Document submitted by the CITEL Secretariat )
( DISTRIBUTE ONLY TO HEADS OF DELEGATIONS )
1. Purpose:
To inform COM/CITEL of requests submitted respectively by the
International Astronautical Federation (IAF) and by the Unión Postal de las
Américas, España y Portugal (UPAEP) to sign cooperation agreements with
CITEL.
2. Background:
Resolution COM/CITEL / RES.104 (IX-00) dictated a work methodology for
processing and approving requests for Cooperation Agreements with CITEL
that are received by the Secretariat as of the effective date of said resolution.
The Model Agreement to be adopted in these cases was approved by
Resolution COM/CITEL / RES.86 (VIII-99).
3. Recommendation:
We recommend that COM/CITEL make a pronouncement on the topic in
order to enable its Chairman, together with the Secretariat, to comply with
the sequence of procedures established in Resolution COM/CITEL / RES.104
(IX-00).
4. Implications:
Ref. doc.
COM/CITEL/RES.104(IX-00)
COM/CITEL/RES.86(VIII99)
STATUS REPORT
A)
COOPERATION AGREEMENT BETWEEN CITEL/OEA AND THE INTERNATIONAL
ASTRONAUTICAL FEDERATION (IAF).
In January, 2001, the International Astronautical Federation (IAF) Chairman the President of
COM/CITEL with a request expressing its interest in signing a Cooperation Agreement with
CITEL.
This is a not-for-profit non-governmental scientific organization with 161 members in 45
countries and its headquarters in Paris, France. Its main purpose is to promote the development
of astronautics to peaceful ends.
We enclose the draft Agreement negotiated between the CITEL Secretariat and the IAF for
consideration by the members of COM/CITEL.
All documents on the organization proposing the Agreement, as required by Resolution
COM/CITEL / Res.104 (IX-00), have already been sent to the CITEL Secretariat and shall be
processed by the latter to the OAS Department of Legal Services to be duly verified. The CITEL
Secretariat shall enter all these documents into the Electronic Forum together with the opinion of
the OAS Department of Legal Services as soon as possible.
B)
COOPERATION AGREEMENT BETWEEN CITEL/OEA AND THE UNION POSTAL
DE LAS AMERICAS, ESPAÑA Y PORTUGAL (UPAEP).
In February of 2001, the UPAEP sent the CITEL Secretariat a proposal formalizing its interest in
signing a Cooperation Agreement with CITEL.
The UPAEP is an inter-governmental agency with its headquarters in the city of Montevideo. It is
currently made up of 27 members from North, Central and South America, as well as the Dutch
Antilles and Aruba, and also Spain and Portugal, in Europe. The UPAEP’s purpose is to
coordinate activities supporting the development of postal services in its member countries. With
this objective, it carries out initiatives and projects in training, consulting, and equipment supply.
Supporting a process aimed to reform and transform postal services, the UPAEP is carrying out
programs and activities that incorporate information and communication technologies, including
tracking and locating systems, data transmission networks between customs and postal offices,
and e-business.
Recently the UPAEP celebrated its XVIII Congress in the city of Panama and, in correspondence
with an initiative of the National Communications Commission of Argentina, studied and
approved a resolution charging the organization’s Secretary General to initiate actions aimed at
developing a cooperation framework with CITEL.
The draft Agreement proposed by the UPAEP is enclosed.
All documents sent by the UPAEP will be available on the Electronic Forum of CITEL, in
accordance with the provisions contained in Resolution COM/CITEL / RES.104 / (IX-00), which
concludes with work done on this topic with the OAS Department of Legal Services.
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COOPERATION AGREEMENT BETWEEN
THE GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES
FOR THE INTER-AMERICAN TELECOMMUNICATION COMMISSION
AND THE INTERNATIONAL ASTRONAUTICAL FEDERATION
The Parties to the present Agreement: the General Secretariat of the Organization of
American States (“GS/OAS”), through and for the Inter-American Telecommunication
Commission (“CITEL”) , represented by Mr. Clovis Baptista, the CITEL Executive Secretary,
and the International Astronautical Federation (“IAF”), represented by Mr. Marcio Nogueira
Barbosa, IAF President:
Considering that CITEL is an entity of the OAS, established by the OAS General
Assembly to facilitate and promote the continuing development of telecommunications in the
hemisphere;
Taking into account that in accordance with article 3 of its Statute, one of CITEL’s
functions is to maintain continuous contact with the various organizations in the field of
communications;
Further Taking into account that article 95 of the CITEL Regulations provides that CITEL
shall collaborate through such agreements, as it deems necessary, with technical governmental, nongovernmental and intergovernmental agencies engaged in activities consistent with CITEL’s
objectives and functions, for the purpose of maximizing cooperation and coordination in its
activities and work;
Bearing in mind that OAS General Assembly Resolution AG/RES. 57 (I-0/71) establishes
the mechanism by which the organs of the OAS may establish cooperative relations with other
national and international institutions cooperative agreements signed by the Secretary General on
his duly designated representative;
Taking into account that “IAF”, is (describe the legal nature and objectives of the IAF) an
non-governmental scientific non-profit organization, encourages the advancement of knowledge
about space and the development and application of space assets for the benefit of humanity.
Recognizing that “IAF” is authorized to enter into cooperative relations with CITEL,
Recognizing that collaboration between CITEL and “IAF ” will make the best use of
available resources, avoid duplication, and increase the effectiveness of their efforts to contribute to
the harmonious development of telecommunications in the hemisphere;
Have agreed to the following terms:
ARTICLE I
Cooperation
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1.1
The Parties shall cooperate with each other on matters of common interest within the
scope of their general objectives.
1.2
Specifically, the Parties shall coordinate and cooperate with each other in carrying
activities included by both Parties in their annual work program, with the purpose of
avoiding duplication of efforts and expenditures.
1.3
Activities that the Parties may agree to cooperate on include, but are not limited to,
organization of seminars, meetings and round tables on matters of common interest;
collaboration on joint projects; training; joint publications.
1.4
The work areas of cooperation between the Parties, appear in Annex of this Agreement,
which is an integral part of this Agreement.
ARTICLE II
Exchange of Information
2.1
The Parties shall keep each other regularly informed concerning programs and activities of
mutual interest in the areas set out in Annex.
2.2
The Parties shall send to each other their documents and publications relating to programs
and activities set out in Annex, except for those that are subject to special restrictions.
2.3
Within the agreed work areas in Annex, each Party shall make available to the other copies
of working documents and drafts on request and free of royalties. Each Party shall strictly
limit the dissemination of documents it receives from the other to its participants and solely
for the purpose of technical activities relating to each Party's work program. All copyright
and other intellectual and industrial rights in those documents and any copies thereof shall
remain with the Originating Party.
2.4
The Originating Party shall not be held liable for further amendments introduced in its
deliverables by the other Party.
2.5
The Parties undertake to make every endeavor to use electronic document handling
mechanisms in their exchange of documents.
ARTICLE III
Reciprocal Representation
3.1
To the extent permitted under their respective applicable rules and regulations, the
Parties shall invite each other to send an observer to their respective meetings, where
matters of potential interest in the agreed work areas in Annex are to be discussed.
3.2
The extent of the observer’s participation shall be governed by the rules and regulations of
the Party whose meeting is being observed.
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ARTICLE IV
Implementation of the Agreement
4.1
The Parties shall enter into supplementary arrangements through "memoranda of
understanding" for implementing specific joint projects and activities within the framework
of this Agreement. In those memoranda, the parties shall specify the appropriate dispute
resolution mechanism.
ARTICLE V
Financing and Budgetary Limitations
5.1
Unless otherwise provided in writing for a specific project under Article 4.1 above with
the previous approval of the competent organs, each Party is responsible only for its
own expenses and cost in complying with this Agreement.
5.2
Any financial obligations incurred by each Party as a result of this Agreement are subject to
approval by its respective governing body. Nothing in this Agreement shall limit the
authority of the governing bodies of either Party to adopt, modify, or amend that Party's
Program Budget in accordance with its financial realities and other priorities.
ARTICLE VI
Languages
6.1
Correspondence between the Parties shall be conducted in English or Spanish (depending on
the case).
ARTICLE VII
Institutional Coordination and Notice
7.1.
The office within CITEL responsible for carrying out and coordinating its obligations under
this Agreement is the Secretariat of CITEL. All notice for CITEL in relation to this
Agreement should be sent to:
Executive Secretary of CITEL
General Secretariat of the Organization of American States
1889 F Street, N.W.
Washington, D.C. 20006
Tel: 202 458-3004
Fax: 202 458-6854
7.2.
The office within “IAF” responsible for carrying out and coordinating its obligations under
this Agreement is the Executive Secretariat. All notice for “IAF” in relation to this
Agreement should be sent to:
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___________________Executive Director
___________________International Astronautical Federation (IAF)
___________________3 – 5 rue Mario Nikis
___________________75015 - PARIS - FRANCE
Tel.: 33 (0) 1 45 67 42 60
Fax: 33 (0) 1 42 73 21 20
7.3.
Either Party may change the office and the person designated to receive notice hereunder
by so notifying the other in advance by writing.
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ARTICLE VIII
Privileges and Immunities
8.1.
Nothing expressly stated or implied in this Agreement is to operate as a waiver of the
privileges and immunities of the OAS, and its organs (including CITEL and the OAS
General Secretariat), and their personnel, under the relevant agreements on privileges and
immunities and under international law.
ARTICLE IX
Relationship of the Parties
9.1
The relationship between the CITEL and “IAF” shall be that of independent entities, and
nothing in this Agreement shall be construed to constitute either Party as an employee,
partner, agent or member of the other.
9.2
In consequence with the foregoing, neither Party shall have authority to act for or to bind the
other Party in any way, to make representations or warranties or to execute agreements on
behalf of the other Party, or to represent that it is in any way responsible for the acts or
omissions of the other Party.
ARTICLE X
Term, Modification and Termination
10.1.
This Agreement shall enter into force on the date it is signed by both Parties.
10.2.
The Parties may amend this Agreement by a written agreement, dated and signed by their
duly authorized Representatives, and attached hereto.
10.3.
This Agreement shall remain in force indefinitely, but it may be terminated by mutual
consent or by either Party by giving advanced written notice to the other.
10.4.
Upon the termination of this Agreement, all the rights granted pursuant to this Agreement
shall cease immediately and the Parties shall cease from distributing any information
received pursuant to this Agreement. Notwithstanding the foregoing, the provisions of this
Agreement related to ownership of rights shall survive any termination or expiration of this
Agreement.
In Witness Whereof, the duly authorized Representatives of the Parties hereby subscribe to this
Agreement, in duplicate originals, in …………, on this ____ day of …….
FOR THE_____________________
INTERNATIONAL ASTRONAUTICAL
FEDERATION (IAF)
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FOR THE OAS GENERAL SECRETARIAT
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_______________________________
Marcio Nogueira Barbosa
IAF President
_________________________________
Clovis Baptista
CITEL Executive Secretary
ANNEX
AREAS OF COOPERATION
BETWEEN THE PARTIES
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Exchange of information upon the use of radio spectrum and satellite orbits.
2
Participation in the development of publications of common interest.
3
Participation in specialized forums and workshops.
4
Joint implementation of training and human resources development programs.
8
DRAFT COOPERATION AGREEMENT BETWEEN
THE INTER-AMERICAN TELECOMMUNICATION COMMISSION
OF THE ORGANIZATION OF AMERICAN STATES AND
THE POSTAL UNION OF THE AMERICAS, SPAIN AND PORTUGAL
The parties to this agreement: the Inter-American Telecommunication Commission
(CITEL) of the Organization of American States (OAS), through the OAS General Secretariat,
represented by …………..…………., and the Postal Union of the Americas, Spain and Portugal
(PUASP), represented by its Secretary General, Mario Felmer Klenner,
Considering that CITEL is an entity of the OAS, established by the OAS General
Assembly to facilitate and promote the continuing development of telecommunications in the
Hemisphere;
Taking into account that, in accordance with Article 3 of its Statute, one of CITEL’s
functions is to maintain continuous contact with the various organizations in the field of
telecommunications;
Further taking into account that Article 95 of the CITEL Regulations provides that CITEL
shall collaborate, through such agreements, as it deems necessary, with technical governmental,
nongovernmental, and intergovernmental agencies engaged in activities consistent with CITEL’s
objectives and functions, in order to maximize cooperation and coordination in its activities and
work;
Bearing in mind that OAS General Assembly resolution AG/RES. 57 (I-O/71) establishes
the mechanisms by which the organs of the OAS may establish cooperative relations with other
national and international institutions through cooperation agreements signed by the Secretary
General on his duly designated representative;
Taking into account that the PUASP is an intergovernmental organization whose mission is
to coordinate the regulation and guidance of postal activities in general among its member
countries, in order to ensure universal service and equal access, as a way of guaranteeing the quality
of services and safeguarding the rights of clients;
Recognizing that Article 116, paragraph 10.a, of the General Regulations of the PUASP
authorize the Consultative and Executive Council of the PUASP to maintain contact with
international organizations;
Recognizing also that Article 128 of the General Regulations of the PUASP provides that
the General Secretariat, in the person of the Secretary General, shall represent the Union in its
dealings with international organizations under cooperation agreements to promote the development
of postal services in the region;
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Emphasizing that collaboration between CITEL and the PUASP will make the best possible
use of available resources, prevent duplication, and increase the effectiveness of their efforts to
further the harmonious development of telecommunications and postal services in the Hemisphere;
Have agreed to the following terms:
ARTICLE I
Cooperation
1.1
The parties shall cooperate with each other on matters of common interest within the
scope of their general objectives.
1.2
Specifically, the parties shall coordinate and cooperate with each other in carrying out
activities included by both parties in their annual work program, so as to prevent the
duplication of efforts and expenditures.
1.3
Activities on which the parties may agree to cooperate include, but are not limited to,
organization of seminars, meetings, and roundtables on matters of common interest;
collaboration on joint projects; training; and joint publications.
1.4
The areas in which the parties would cooperate appear in Annex I to this agreement, which
is an integral part thereof.
ARTICLE II
Exchange of Information
2.1
The parties shall keep each other regularly informed concerning programs and activities of
common interest in the areas set out in Annex I.
2.2
The parties shall provide each other with their documents and publications relating to the
programs and activities set out in Annex I, except for those that are subject to special
restrictions.
2.3
In connection with the agreed work areas listed in Annex I, each party shall make available
to the other copies of working documents and preliminary drafts, at the request of the other
party and free of royalties. Each party shall disseminate documents it receives from the
other solely to its participants and exclusively for the purpose of technical activities relating
to each party's work program. All copyright and other intellectual and industrial property
rights pertaining to those documents and any copies thereof shall remain with the
originating party.
2.4
The originating party shall not be held liable for subsequent changes made to its documents
by the other party.
2.5
The parties shall make every effort to use electronic means for their exchange of
documents.
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ARTICLE III
Reciprocal Representation
3.1
To the extent permitted under their respective rules and regulations, each party shall
invite the other to send an observer to its meetings when matters of potential interest in
the agreed work areas listed in Annex I are to be discussed.
3.2
The extent of the observer’s participation shall be governed by the rules and regulations of
the party whose meeting is being observed.
ARTICLE IV
Implementation of the Agreement
4.1
The parties shall enter into supplementary written agreements through "memoranda of
understanding" for implementing specific joint projects and activities within the framework
of this agreement. In those memoranda, the parties shall specify the appropriate dispute
settlement mechanisms.
ARTICLE V
Financial and Budgetary Limitations
5.1
Unless otherwise provided in writing for a specific project carried out under Article IV
above, with prior approval by the competent bodies, each party is responsible only for its
own expenses in the fulfillment of this agreement.
5.2
Any financial obligations incurred by each party as a result of this agreement are subject to
approval by its governing body. Nothing in this agreement shall limit the authority of the
governing bodies of either party to adopt, modify, or amend that party's program-budget in
accordance with its financial circumstances and other priorities.
ARTICLE VI
Languages
6.1
Correspondence between the parties shall be conducted in English or Spanish (depending on
the case).
ARTICLE VII
Institutional Coordination and Notifications
7.1.
The office within CITEL responsible for carrying out and coordinating its obligations under
this agreement is the Secretariat of CITEL. All notifications to CITEL in relation to this
agreement should be sent to:
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Executive Secretary of CITEL
General Secretariat of the Organization of American States
1889 F Street, N.W.
Washington, D.C. 20006
Phone: 202-458-3004
Fax: 202-458-6854
7.2.
The office within the PUASP responsible for carrying out and coordinating its obligations
under this agreement is the General Secretariat of the PUASP. All notifications to the
PUASP in relation to this agreement should be sent to:
General Secretariat of the PUASP
Cebollatí 1470
Montevideo, Uruguay
Phone: (+598 2) 400 00 70 / 400 01 14 / 400 01 72
Fax: (+598 2) 400 50 46
Mario Felmer Klenner
Secretary General
E-mail: felmer@upaep.com.uy
Edwin Viscarra Olazábal
Heads of Projects
E.mail: viscarra@upaep.com.uy
7.3.
Either party may change the office and the person designated to receive notifications
hereunder by so notifying the other in advance by writing.
ARTICLE VIII
Privileges and Immunities
8.1.
Nothing expressly stated or implied in this agreement is to operate as a waiver of the
privileges and immunities of the OAS, of its organs (including CITEL and the OAS
General Secretariat), and its staff, under applicable agreements on privileges and
immunities and under international law.
ARTICLE IX
Relationship of the Parties
9.1
The relationship between CITEL and PUASP shall be that of independent entities, and
nothing in this agreement shall be construed as establishing either party as an employee,
partner, agent, or member of the other.
9.2
In keeping with the foregoing paragraph, neither party shall have authority to act for or to
bind the other party in any way, to make representations or warranties or to execute
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agreements on behalf of the other party, or to represent that it is in any way responsible for
the acts or omissions of the other party.
ARTICLE X
Term, Amendment, and Termination
10.1.
This agreement shall enter into force on the date of its signature by both parties.
10.2.
The parties may amend this agreement by a written agreement, dated and signed by their
duly authorized representatives and attached hereto.
10.3.
This agreement shall remain in force indefinitely, but it may be terminated by mutual
consent, or by either party by advanced written notice to the other, effective upon the
receipt of said notice.
10.4.
Upon the termination of this agreement, all the rights granted pursuant to this agreement
shall cease immediately and the parties shall cease from distributing any information
received pursuant to this agreement. Notwithstanding the foregoing, the provisions of this
agreement relating to property rights and indemnification shall survive any termination or
expiration of this agreement.
In witness whereof, the duly authorized representatives of the parties hereby sign this agreement, in
duplicate originals, on this ____ day of …….
FOR THE_____________________
FOR THE OAS GENERAL SECRETARIAT
FOR THE__________
FOR THE GENERAL SECRETARIAT OF THE
PUASP
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