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AG/RES. 1947 (XXXIII-O/03)

AMENDMENT TO THE INTER-AMERICAN CONVENTION ON AN INTERNATIONAL AMATEUR RADIO PERMIT 

(Resolution adopted at the fourth plenary session, held on June 10, 2003) 

            THE GENERAL ASSEMBLY, 

            HAVING SEEN the observations and recommendations of the Permanent Council on the annual reports of the organs, agencies, and entities of the Organization (AG/doc.4228/03), in particular as they pertain to the annual report of the Inter-American Telecommunication Commission (CITEL) (CP/doc.3695/03); 

            BEARING IN MIND resolution CITEL/RES. 32 (III-02), adopted at the third regular meeting of the Assembly of CITEL, held in Washington, D.C., United States, from August 12 to 16, 2002; 

CONSIDERING: 

That the Assembly of CITEL serves as an inter-American forum in which the highest telecommunications officials of the CITEL member states may share views and experiences and take appropriate decisions to direct their activities towards attaining the objectives and fulfilling the mandates of CITEL; and 

That the Permanent Executive Committee (COM/CITEL), as CITEL’s executive body, is authorized, in conjunction with CITEL’s Secretariat, to prepare drafts of inter-American conventions and treaties relating to telecommunications in the Americas; 

            RECOGNIZING that CITEL’s objective is to facilitate and promote, by all means available to it, the ongoing development of telecommunications in the American states; and 

            CONVINCED that the Protocol to the Inter-American Convention on an International Amateur Radio Permit (IARP) will promote and facilitate, through multilateral licensing mechanisms, a valuable exchange of ideas and technology among amateur radio operations in Europe and the Americas, 

RESOLVES: 

            To adopt the following Protocol to the Inter-American Convention on an International Amateur Radio Permit.

Appendix 

PROTOCOL OF AMENDMENT TO THE INTER-AMERICAN CONVENTION ON AN INTERNATIONAL AMATEUR RADIO PERMIT 

            The member states of the Organization of American States, 

            CONSIDERING that the European Conference of Postal and Telecommunications Administrations (CEPT) permits holders of the CEPT Radio Amateur License from any CEPT Member States that has implemented CEPT’s Recommendation T/R 61-01 to operate temporarily in all other CEPT member states that have implemented that Recommendation without having to obtain a license from those other states; 

            TAKING INTO ACCOUNT that the CEPT Radio Amateur License is similar in scope and purpose to the International Amateur Radio Permit (IARP) issued and recognized by the State Parties to the Inter-American Convention on an International Amateur Radio Permit (IARP Convention); 

            BEARING IN MIND that substantial benefits in reduced administrative and logistical costs can be realized by allowing amateur radio operators with either the CEPT Radio Amateur License or the IARP to operate temporarily in both CEPT member states and IARP State Parties without having to obtain additional licenses and without having to pay additional duties, taxes, and fees; and 

            CONSIDERING that CEPT is authorized to obligate its member states to provide amateur radio operators from non-CEPT states the same exemption from licensing and other related requirements enjoyed by holders of the CEPT Radio Amateur License and has expressed its interest in doing so for IARP licensees from State Parties to the IARP Convention who sign an agreement with CEPT for that purpose, 

            HAVE AGREED UPON THE FOLLOWING: 

ARTICLE I 

            Articles 5-12 of the IARP Convention shall be renumbered Articles 6-13, respectively. 

ARTICLE II 

            The new Article 5 of the IARP Convention shall state as follows: 

           Reciprocity with Member States of the European Conference of Postal and Telecommunications Administration 

Article 5 

            Radio amateurs holding an amateur radio license from a Member State of the European Conference of Postal and Telecommunications Administration (CEPT Radio Amateur License) which has implemented Recommendation T/R 61-01 of the Conference of Postal and Telecommunications Administration (CEPT) shall be entitled to the same rights and privileges enjoyed by holders of the IARP, provided, however, that CEPT accords all holders of the IARP the same rights and privileges enjoyed by holders of the CEPT Radio Amateur License in CEPT Member States that have implemented Recommendation T/R 61-01.  Such rights and privileges granted under this Article shall be subject to the corresponding conditions established in the IARP Convention and T/R 61-01 respectively. 

ARTICLE III 

            For purposes of applying the new Article 5 of the IARP Convention set out in Article II of this Protocol above, the term “holders of the IARP” means only those holders of the IARP from State Parties to this Protocol. 

ARTICLE IV 

            State Parties to the IARP Convention may become State Parties to this Protocol by: 

            a.         Signature not subject to ratification, acceptance, or approval; 

b.         Signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or 

            c.         Accession. 

            Ratification, acceptance, approval, or accession shall be effected by deposit of the appropriate instrument with the General Secretariat of the Organization of American States in its capacity as a depository. 

ARTICLE V 

            Each State may make reservations to this Protocol at the time of signature, ratification, acceptance, approval, or accession, provided that each reservation concerns at least one specific provision and is not incompatible with the objectives and purposes of the Convention. 

ARTICLE VI 

            This Protocol shall enter into force on the thirtieth day following the date on which two States have become Parties to it.  For the remaining States, this Protocol shall enter into force on the thirtieth day after their compliance with the procedures established in Article IV. 

ARTICLE VII 

            This Protocol shall remain in force indefinitely, but may be terminated by agreement of the State Parties.  Any of the State Parties to this Protocol may denounce it.  The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States.  After one year from the date of deposit of the instrument of denunciation, the Protocol shall no longer be in effect for the denouncing State Party, but shall remain in effect for the other State Parties. 

ARTICLE VIII 

            The original instrument of this Protocol, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward a certified copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter, and to the General Secretariat of the International Telecommunication Union. 

            The General Secretariat of the Organization of American States shall notify the State Parties when it receives:  the signatures, deposits of instruments of ratification, acceptance, approval, accession and denunciation, and any reservations. 

            DONE IN ______________, the _____________ day of _________, two thousand and three.

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