I refer to my facsimile message of even number dated 11 December 1996 and your corresponding facsimile message No. EA/KB/ml dated 11 December 1996 and would like to inform you that we have reviewed further the draft MoU and believe that a number of small amendments could and should be introduced. These are shown in italics on the draft MoU attached.
I am at your disposal for any further information and/or clarification.
Convinced of the need to reach regional, and preferably global, arrangements on issues related to the three levels of free circulation of user terminals defined as follows:
- permission to carry a terminal into a visited country but not to use it;
- permission to carry a terminal into a visited country and to use it without the need for obtaining authorization in the visited country; and
- technical conditions for placing terminals on the market;
that such arrangements would necessarily include the conditions pursuant to which Administrations would grant mutual recognition of type approval of terminals, mutual recognition of terminal licensing, recognize the marking of terminals, and permit terminals to be placed on the market; and that such arrangements could form the basis of national regulations on these matters, or be implemented by reference;
the Parties to this Memorandum of Understanding hereby agree to cooperate, according to their respective roles and competencies and taking into account the voluntary principles for GMPCS adopted by WTPF-96 on the following issues.
Article 1 Type Approval of Terminals
The Parties shall develop arrangements and if necessary sign relevant agreements with respect to the essential requirements necessary for the type approval of terminals, and the means by which such approvals shall be mutually recognized. The Parties agree that the type approval standards should be based on the relevant ITU Recommendations, and should be impartial with respect to all GMPCS technologies, and without reference to performance or quality of service standards.
Article 2 Licensing of Terminals
The Parties shall develop arrangements and sign any relevant agreements to that effect, on the means by which licences should be granted based on general licences (e.g. class licences or blanket approvals). It is agreed that such arrangements and/or agreements shall be drawn up in such way as to include the means by which these general licences shall be mutually recognized.
Article 3 Marking of Terminals
The Parties shall develop arrangements on the marking of terminals which will permit their recognition and the implementation of the arrangements and/or agreements on mutual recognition of type approval and licensing.
Article 4 Customs Arrangements
The Parties shall develop recommendations and make relevant representation to their competent authorities proposing exemption of approved terminals from customs restrictions when visiting or transiting countries, to the extent that such exemption will be in accordance with the relevant laws of each country.
Article 5 Review
The Parties shall periodically review the results and consequences of their cooperation under this Memorandum of Understanding. When appropriate the Parties will consider the need for improvements in their cooperation and make suitable proposals for modifying and updating the arrangements and/or agreements and the scope of this GMPCS-MoU.
Article 6 Access to Traffic Data
The Parties shall develop arrangements for GMPCS operators to provide, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, the best available traffic data concerning traffic originating in or routed to its national territory, and to assist it with any measures intended to identify unauthorized traffic flows therein.
Done in Geneva: