GMPCS-MoU

Meeting of Signatories and intended Signatories
(Geneva, 3-4 April 1997)

Working Document 3(Rev.1)-E
3 April 1997
Original: English

DRAFT

ARRANGEMENT

concerning

CUSTOMS ARRANGEMENTS AND
ACCESS TO TRAFFIC DATA (GMPCS)

On the basis of relevant activities, including the Chairman's Report, the Opinions and Voluntary Principles of WTPF-96, signatories develop the arrangements on exemption of terminals from customs restrictions and access to traffic data for the purposes of facilitating free circulation of GMPCS terminals and achieving mutual benefits of introduction of GMPCS.

1 Customs arrangements

GMPCS terminals brought into a country under this arrangement for placing terminals on the market shall be subject to applicable customs duties, if any, and the technical and regulatory requirements of that country. Countries are encouraged to reduce duties on GMPCS terminals placed on the market, in particular by signing instruments such as the Information Technology Agreement.

Signatories shall develop recommendations to their component authorities proposing exemption of approved terminals from customs restrictions for travellers when visiting or transiting countries on a temporary basis.

Individual administrations, GMPCS operators, signatories, as well as the ITU Secretariat, if appropriate, should work with the World Customs Organization to ensure that GMPCS terminals are entitled to treatment as a travellers' personal effects for purposes of entry into a country on a temporary or transitory basis.

Administrations should undertake, within the framework of the government's national laws, regulations, and international obligations, to bring their legal and regulatory procedures in line with the provisions of the Istanbul Convention on Temporary Admission, and other relevant internationally recognized agreements.

Administrations should take all practicable measures to educate customs officials on the need to permit the temporary or transitory entry into their countries of GMPCS terminals without unnecessary or unduly burdensome restrictions.

Any dispute arising in connection with this arrangement shall be settled by the relevant national authorities.

2 Access to the traffic data

Consistent with applicable national legislation in the country where GMPCS service is being provided:

- GMPCS system operators or service providers will provide where possible, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, appropriate GMPCS traffic data-originating in or routed to its national territory;

- and will assist with any measures intended to identify unauthorized traffic flows.

Under this arrangement:

- all GMPCS systems will be structured to provide appropriate traffic data.

NOTE 1 - Relations between national authorities and national service providers are unaffected by this arrangement.

NOTE 2 - Traffic data does not mean confidential customer information.

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