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