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T.Doc.104-35 INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD ...


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104th Congress                                              Treaty Doc.
                              SENATE        
 2d Session                                                      104-34
_______________________________________________________________________


 
CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION

                               ----------                              

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION 
 UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND 
   AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON 
 OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE 
              UNITED STATES AS CONTAINED IN THE FINAL ACTS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


  September 13, 1996.--Constitution and Convention was read the first 
   time and, together with the accompanying papers, referred to the 
Committee on Foreign Relations and ordered to be printed for the use of 
                              the Senate.


CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION


104th Congress                                              Treaty Doc.
                              SENATE        
 2d Session                                                      104-34
_______________________________________________________________________


                  CONSTITUTION AND CONVENTION OF THE

                 INTERNATIONAL TELECOMMUNICATION UNION

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION 
 UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND 
   AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON 
 OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE 
              UNITED STATES AS CONTAINED IN THE FINAL ACTS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


  September 13, 1996.--Constitution and Convention was read the first 
   time and, together with the accompanying papers, referred to the 
Committee on Foreign Relations and ordered to be printed for the use of 
                              the Senate.


                         LETTER OF TRANSMITTAL

                              ----------                              

                               The White House, September 13, 1996.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Constitution 
and Convention of the International Telecommunication Union 
(ITU), with Annexes, signed at Geneva on December 22, 1992, and 
amendments to the Constitution and Convention, signed at Kyoto 
on October 14, 1994, together with declarations and 
reservations by the United States as contained in the Final 
Acts. I transmit also, for the information of the Senate, the 
report of the Department of State with respect to the 
Constitution and Convention and the amendments thereto.
    The 1992 Constitution and Convention replace the ITU 
Convention signed in Nairobi in 1982. Prior to the 1992 
Constitution and Convention, the ITU Convention had been 
routinely replaced at successive Plenipotentiary Conferences 
every 5 to 10 years. The 1992 Constitution and Convention 
represent the first basic instruments of the ITU intended to be 
permanent. Basic provisions on the organization and structure 
of the ITU and fundamental substantive rules governing 
international telecommunications matters are embodied in the 
Constitution. The ITU Convention is comprised of provisions on 
the functioning of the ITU and its constituent parts.
    The 1992 Constitution and Convention reflect the effort by 
ITU Member countries to restructure the ITU to make it more 
effective in responding to the changes taking place in 
telecommunications. The United States is pleased with the 
restructuring of the ITU. The changes adopted are expected to 
enable the ITU to meet challenges brought on by the dynamic 
telecommunications environment.
    The 1994 ITU Plenipotentiary Conference was convened less 
than 4 months after the entry into force of the Constitution 
and Convention to amend the 1992 Constitution and Convention. 
Recognizing that more time should be allowed to evaluate the 
extensive changes to the structure of the ITU, the Conference 
adopted only a few minor amendments, which were acceptable to 
the United States.
    In signing the 1992 Constitution and Convention and the 
1994 amendments, the United States made certain declarations 
and reservations. The specific declarations and reservations 
are discussed in the report of the Department of State.
    The 1992 Constitution and Convention entered into force 
July 1, 1994, for states which, by that date, had notified the 
Secretary General of the ITU of their approval thereof and, in 
the same manner, the amendments to the Constitution and 
Convention entered into force on January 1, 1996.
    Subject to the U.S. declarations and reservations mentioned 
above, I believe the United States should be a party to the ITU 
Constitution and Convention, as amended. They will improve the 
efficiency of management of the ITU and will allow it to be 
more responsive to the needs of the United States Government 
and private sector. It is my hope that the Senate will take 
early action on this matter and give its advice and consent to 
ratification.

                                                William J. Clinton.


                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, July 15, 1996.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to transmission to the Senate for advice and consent to 
ratification, the Constitution and Convention of the 
International Telecommunication Union (ITU), with annexes, 
signed by the United States at a Plenipotentiary Conference at 
Geneva on December 22, 1992; Amendments to the Constitution and 
Convention, signed by the United States at Kyoto on October 14, 
1994; and U.S. declarations and reservations, as contained in 
the Declarations and Reservations made by participating Member 
countries at the end of the Geneva and Kyoto Conferences.
    The texts of the 1992 Constitution and Convention, with 
annexes and U.S. declarations and reservations, are contained 
in a bound volume, which also includes texts of the following 
documents that do not require ratification by the United 
States: (1) declarations and reservations of other governments; 
(2) an Optional Protocol to the Convention; (3) Resolutions; 
and (4) a Recommendation. The certified English language texts 
of the 1992 Constitution and Convention and other Acts are 
submitted herewith. Certified copies of the texts in Arabic, 
Chinese, French, Russian, and Spanish are also available.
    The texts of the 1994 Amendments to the Constitution and 
Convention, with U.S. declarations and reservations, also are 
contained in a bound volume which includes other documents that 
do not require ratification by the United States. The certified 
English language texts of the 1994 Final Acts are submitted 
herewith. Certified copies of the texts in Arabic, Chinese, 
French, Russian, and Spanish are also available.
    The ITU, with over 180 member States, is the United Nations 
specialized agency responsible for international 
telecommunications. The ITU is the principal global forum for 
telecommunication standardization activities, for management 
and use of the radio spectrum, and for promoting and offering 
technical assistance in the field of telecommunications to 
developing countries. At their 1989 Plenipotentiary Conference, 
ITU Members, while adopting a Constitution and Convention, 
decided to create a High-Level Committee (HLC) to examine the 
structure and functioning of the ITU and to make 
recommendations on changing the ITU to ensure that it could 
effectively deal with the rapidly changing telecommunications 
environment, including the introduction of new technologies and 
services. The United States was one of the 21 ITU Members on 
the HLC. The HLC issued a report entitled ``Tomorrow's ITU: The 
Challenges of Change'' that recognized the rapid changes in 
telecommunication technologies and services and made numerous 
recommendations aimed at restructuring the ITU so that the ITU 
would continue to play its leading role in world 
telecommunications. The United States generally supported the 
recommendations of the HLC and their implementation.
    The 1992 Geneva Conference was convened to consider 
proposals by ITU Member countries concerning the restructuring 
of the ITU. Proposals were based on the recommendations of the 
HLC as well as the views of Member countries. The 1992 
Conference decided to recommend that ITU Members not bring the 
1989 ITU Constitution and Convention into force, but that they 
instead adopt full texts of a Constitution and a Convention 
that could be amended as necessary, by future Plenipotentiary 
Conferences.
    The basic principles regarding the organization and 
structure of the ITU and fundamental substantive rules 
governing international telecommunications are embodied in the 
1992 Constitution. The 1992 Convention, which is comprised of 
provisions on the functioning of the ITU, is intended to be 
more easily modified and thus more flexible.
    The 1992 Constitution and Convention restructure the ITU by 
establishing three sectors--Radiocommunication, 
Telecommunication Standardization and Telecommunication 
Development--that replace the previous permanent organs. Each 
sector is headed by a Director who is elected by the Members at 
Plenipotentiary Conferences. The division of work among the 
three sectors is similar to the division under the 1982 Nairobi 
Convention and interim resolutions. New procedures have been 
added to permit more rapid consideration and adoption of 
recommended standards. Some issues that were previously 
considered radiocommunication issues are now being addressed 
with similar issues under the purview of the Telecommunication 
Standardization Sector. The restructuring is intended to enable 
the ITU to respond more effectively to the changing 
telecommunications environment and to meet the needs of Member 
governments and telecommunication entities that participate in 
the work of the Union.
    The meetings and conferences of the ITU are renamed and, in 
most cases, there are changes in their mandate. The ITU 
Administrative Council, which was the governing body of the ITU 
in the interval between plenipotentiary conferences, is now 
called the ITU Council. (See Constitution, Article 10.) The 
Council has more responsibility than did the Administrative 
Council to consider broad telecommunication policy issues, 
including the strategic plan of the ITU.
    Chapter II of the Constitution (Articles 12-16) sets forth 
the provisions concerning the Radiocommunication Sector. World 
Administrative Radio Conferences, which were convened as 
necessary to consider changes to the Radio Regulations 
concerning specific communication services (mobile, 
broadcasting, or space services) or the Radio Regulations in 
general, are replaced by World Radiocommunication Conferences 
which are held every two years to consider any subject within 
their competence and on the agenda. (See Article 13.) World 
Radiocommunication Conferences amend the Radio Regulations, 
which contain provisions regulating the use of the radio 
spectrum and geostationary orbital positions vital for the 
continuing operation of existing systems and for the early 
introduction of new and innovative radio technologies. For U.S. 
companies that are leading the world in the development and 
introduction of new services, the two-year cycle will allow 
proposals for the allocation of radio spectrum for these 
services to be introduced and considered more rapidly.
    Plenary Assemblies of the International Radio Consultative 
Committee, which were held every four years to approve 
recommendations, i.e., standards for radiocommunication 
services, are now called Radiocommunication Assemblies. They 
are to be held every two years in association with World 
Radiocommunication Conferences. (See Article 13.)
    The five-member, full-time elected International Frequency 
Registration Board, which was responsible for the examination 
and registration of radio frequency assignments, is replaced by 
an elected nine-member, part-time Radio Regulations Board 
within the Radiocommunication Sector. (See Article 14.) The 
Radio Regulations Board approves the Rules of Procedure used by 
the director and the bureau in applying the Radio Regulations 
to register frequency assignments made by Members and considers 
certain matters that cannot be resolved through application of 
the Rules of Procedure.
    The Telecommunication Standardization Sector is addressed 
in Chapter III (Articles 17-20) of the Constitution. The 
Plenary Assemblies of the International Telegraph and Telephone 
Consultative Committee, which met every four years to approve 
recommendations for technical, operational and tariff questions 
related to telecommunication services, are replaced by World 
Telecommunication Standardization Conferences (Article 18), 
which also will meet every four years. The change in title of 
these conferences reflects the fact that the sector now deals 
with a broad range of rapidly evolving telecommunications 
services over both the public switched network and private 
lines, as well as such issues as numbering plans and 
international settlement of accounts. Provision was also made 
for convening World Conferences on International 
Telecommunications (Article 25) at infrequent intervals to 
consider basic issues pertaining to the provision of 
telecommunications services, including those covered by the 
binding International Telecommunication Regulations.
    Chapter VI of the Constitution (Articles 21-24) covers the 
Telecommunications Development Sector. This sector replaces the 
Telecommunication Development Bureau, which was established by 
resolution at the 1989 Nice Plenipotentiary Conference to 
facilitate and enhance telecommunications development. World 
and regional Telecommunication Development Conferences, 
established by resolution in Nice, will continue to be 
convened. The world conferences are held approximately every 
four years; the frequency of regional conferences is to depend 
on availability of resources and need.
    The entities and organizations authorized to participate in 
the work of the sectors of the ITU were expanded by Article 19 
of the Convention to include, inter alia, scientific and 

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