Please refer to your Circular-letter with ref. SPU/EA/KB/ml dated Geneva, 13 November 1996.
We have reviewed the draft MoU by involving other authorities like those responsible for customs and would like to comment as follows:
1) The following phrase should be incorporated in the MoU.
"A terminal carried into a visited country but not to be used in that country should be deposited at the port of entry and carried out on exit".
2) Article 4
The article as it is enables individuals to move with personal GMPCS terminals meant exclusively for personal use from one country to another without having to pay import duty and other taxes. We would therefore advise the corresponding recommendation to be made very clear in respect to the following categories of equipment/investments:
i) personal GMPCS units intended exclusively for personal use;
ii) GMPCS units imported in large quantities (i.e. more than one) intended for use other than personal e.g. for resale to the general public or distribution to employees, etc.;
iii) equipment and other investments needed to facilitate the use of GMPCS service in the country.
In view of the above, we propose the Article 4 (Customs Arrangements) to read:
"The Parties shall develop recommendations to their competent authorities proposing exemption of approved terminals (intended exclusively for personal use) from customs restrictions when visiting or transiting countries except when the terminals are carried or imported for the purpose of resale/distribution in which case a mechanism should be made to meet the customs requirements of the individual country. Also an arrangement should be made such that an individual/visitor who qualifies for customs exception must leave the country with his/her terminal, unless it was declared for resale/distribution right from the beginning."
3) Article 6
On reviewing this article, we reached a consensus amendments that the issuance for the requested data must be mentioned as 30 man-days and the words "prohibit and" be inserted between the words "to" and "identify" in the last line.
By incorporating the above proposals Article 6 (Access to Traffic Data) will read as follows:
"The Parties shall develop arrangements for GMPCS operators to provide, on a confidential basis, within thirty man-days 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 prohibit and identify unauthorized traffic flows therein."
That is all from our side.