Comment on first preambular paragraph:
Include a fourth level of free circulation, that is "permission to carry terminals and seek necessary authorization for use in country".
The first preambular paragraph would then read:
"Convinced of the need to reach regional, and preferably global arrangements on issues related to the four 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 terminal into visited country and seek necessary authorization in country;
- 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 ... or be implemented by reference."
Article 4 Customs Arrangements
The Parties shall develop recommendations to their competent authorities proposing exemption of approved terminals from customs restrictions when visiting or transiting countries.
Qualify the word "exemption" with "appropriate" or "level of".
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 the scope of this GMPCSMoU.
"periodically" in line 1 of Article 5 may be too vague. It may be helpful to define the time of a period.
Determine the mechanisms to be used in modifying and updating as indicated in Article 5 and who will bear the costs for review activities in general.
The contents of Article 5 should be placed last i.e. become Article 6 and vice versa.
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.
The contents of Article 6 should be placed under Article 5 and vice versa.
Information on traffic data is very important to developing
countries, and the Caribbean region, Trinidad and Tobago, included.
Generally, GMPCS operators, service providers or manufacturers
do not come from these countries and there is concern on potential
loss of revenues.