Approved

by the Board of the RCC CAs Heads

Decision 2/1 of 23-24 .01.92

CHARTER

         of the Regional Commonwealth in the field of Communications (RCC)

1. General provisions

1.1.  Pursuant to the Agreement on the Establishment of the Regional Commonwealth in the field of Communications (December 17,1991), Communications Administrations of the states establish the Regional Commonwealth in the field of Communications (RCC), the main purpose of which is to ensure wide cooperation and concerted efforts of the States in the field of telecommunications* and postal services.

1.2.  Each Party shall endorse the principle of voluntary participation. The Parties to the Regional Commonwealth in the field of Communications shall be Communications Administrations of the following states:

Azerbaijan Republic

Republic of Armenia

Republic of Belarus

Republic of Kazakhstan

Republic of Kyrgyzstan

Republic of Moldova

Russian Federation

Republic of Tajikistan

Turkmenistan

Republic of Uzbekistan

Ukraine

1.3.  The Regional Commonwealth in the field of Communications shall be open for accession to any Communications Administrations of other States. They may accede to the RCC upon their formal request thereon. They shall be regarded Parties to the RCC, if their request thereon receives the support of all the members of the RCC.

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1.4.  Any Party may withdraw voluntary from the Regional Commonwealth, to this end  a Party shall give a notice. The decision of a Party to withdraw shall be notified to all the Parties to the RCC. The withdrawal shall become effective six months after the date of receipt of the notice to this effect and upon settlement of all obligations and liabilities incurred by the Party in terms of its membership.

1.5.  Parties to the RCC may enjoy the status of full and associated members.

Any other Communications Administration may participate as an observer in the activities carried out by the Regional Commonwealth.

The Board of the Heads of the Communications Administrations shall determine the status and powers granted to the associated members and observers.

1.6.  Each Party to the Regional Commonwealth may accede to other unions, associations, corporations and, if it deems appropriate, may directly enter into other agreements.

1.7.  The Regional Commonwealth in the field of Communications shall have legal personality. It shall have assets, maintain a separate settlement account and other  bank accounts. It shall have its own seal and be a noncommercial entity.

1.8.  Within the scope of its activities the RCC shall be governed by the current domestic legislation of the states Parties to the RCC, by the decisions adopted by the Board of the Heads, by Acts of the International Telecommunication Union and the Universal Postal Union and by the provisions set forth in this Charter.

1.9.  The RCC may establish commissions and working groups, which shall be entrusted with considerations of particular matters and, if it deems appropriate, it may create enterprises and organizations to exercise the functions coming within the purview of the Regional Commonwealth.

1.10.  In exercising its activities the RCC shall act under the provisions of the documents of two types: one shall be of a recommendatory nature, it shall cover all the matters of telecommunications and postal services and the other shall have an obligatory character, it shall stipulate functioning of the Regional Commonwealth and its Executive Committee.

1.11.  The RCC may conduct correspondence with any international organizations. The RCC shall establish its relations with the International Telecommunication Union, the Universal Postal Union and with any other international   organizations as a regional organ.

1.12.  The RCC shall bear no responsibilities to the customers of telecommunications services as regards, in particular, compensation for damages.

1.13.  The seat of the Executive Committee of the Regional Commonwealth shall be in Moscow.

       

2.      Aims.

2.1.  Expansion of mutually beneficial relations between Communications Administrations Parties to the RCC; harmonization of communications development.

2.2.  Joint considerations of proposals to be submitted to conferences and congresses and also to the working groups held by international communications organizations; drawing up of recommendations which are primarily of common interests to all the Parties to the Regional Commonwealth.

2.3.  Coordination of policy making in scientific and technical domain of communications.

2.4.  Coordination of methodology, design, construction and operation of communication facilities.

2.5.  Coordination of general tariff policy.

2.6.  Coordination of personnel training and functioning of educational electrotechnical institutions in connection with the foregoing activities.

2.7.  Formation of recommendations on mutual settlements as regards communications services between Communications Administrations Parties to the Regional Commonwealth, as well as with other States.

2.8.  Coordination of activities in electromagnetic compatibility, efficient utilization of frequency spectrum and satellite geostationary orbit carried forward by Communications Administrations Parties to the RCC.

2.9.   Joint issue  of postal stamps.

2.10. Drawing up of methodological documents, regulations, recommendations, including  information, reference and analytical materials which are of mutual   interest.

2.11. Implementation of any other tasks, which are of mutual interest to the Parties to the Regional Commonwealth.

3.      Structure and authority of the Executive Organs.

3.1.  The Supreme organ of the RCC shall be the Board of the Heads of the Communications Administrations Parties to the RCC. 

3.2.  Chairmanship at the Board shall be rotated among the Heads of the Communications        Administrations Parties to the RCC. The Chairman’s term of office shall be one   year.

3.3.  Within the scope of its activities the Board shall be governed by the provisions set forth in the Regulations. The decisions of the Board shall be adopted by unanimous approval (consensus) by all members of the Board.

3.4.  The permanent executive organ of the RCC shall be Executive Committee. The Board shall supervise the activities performed by the Executive Committee.

3.5.  The Executive Committee shall carry out its activities and exercise its powers in         accordance with the Provisions, which shall be adopted by the Board.

3.6.  The Board shall approve the composition of the Executive Committee. The Board shall approve the estimate of costs of the Regional Commonwealth   on a year to year basis. The payment for the employees of the Executive Committee shall be fixed equal  to the payment approved for the staff of the Ministries of the Russian Federation.

3.7.  The Executive Committee shall be headed by the Director General. The Director         General shall be appointed and removed from office by the Board. The structure of the  executive organ shall be adopted by the Director General. Deputy Directors shall be designated and released from the duties by the Director General in consultations with the Board.

3.8.  The Director General and Deputy Directors shall exercise their authorities and meet their obligations under the contracts. Their financial security shall be fully consistent with their contract.

3.9.  The Director General and Deputy Directors may be removed from office before the expiration of the contracts on the grounds provided for in the contracts or in   the applicable domestic legislation.

3.10.  All disputes arising in connection with the rights  and obligations under this Agreement shall be submitted to arbitration by the Board of Heads of Communications Administrations.  

4.     Property and Finance.

4.1.  The property of the RCC shall consist of fixed assets and circulating assets including other valuables with their cost fixed in an independent balance sheet.

4.2.  The sources of the formation of the property shall be monetary and material contributions of the founders, revenues earned as a result of operation or services provided as well as other sources, which shall be under the effective domestic legislation.

4.3.  The RCC shall dispose both of the revenues earned through its activities and the          property acquired by the revenues as it may deem appropriate. The Regional          Commonwealth shall be the owner of the foregoing property and revenues. Assets available to the RCC shall be allocated to serve the aims arising out of the Charter and therefore shall not be subject to redistribution among the Parties to  the Agreement.

4.4.  The budget of the RCC shall be drawn up by the Parties to the RCC and thereafter         shall be subject to the approval by the Board of Heads of Communications Administrations not later than December of each year, preceding the next fiscal year. The budget shall be used to cover common expenditures including costs of the maintenance of the Board and the Executive organ of the Regional Commonwealth. Any other special fund may be established within the framework of the budget.  The budget of the Regional Commonwealth shall be drawn up by the contributions of the Parties, which shall be made in fixed amounts. The Board shall determine the amount and the manner in which contributions shall be made.

4.5.  Financial activities performed by the Executive organ shall be under supervision of the Inspection Committee appointed by the Board.

5.  Liquidation and Reorganization.

5.1.  The procedure for the reorganization of the RCC (merging, integration, division, separation, transformation) shall be determined subject to the decision by the Board.

5.2.  The activities of the RCC may be terminated by decision of the Board.

5.3.  Dissolution of the RCC shall be executed by the Liquidation Commission, which shall be appointed by the Board. The Liquidation Commission shall, to this aim, issue an announcement of the impending liquidation of the Regional Commonwealth in accordance with the rules of the procedure. Upon approval of the Liquidation Commission it shall assume all the responsibilities for the management of the RCC. The Liquidation Commission shall evaluate the property available, reveal creditors and perform settlement of the accounts, pay outstanding debts of the Regional Commonwealth. Upon deduction of the contributions made by the Parties the   property shall otherwise be directed to the budget of Moscow. The Liquidation Commission shall draw up a liquidation balance and shall submit it to the approval by the Board. Liquidation shall be considered completed and the Regional Commonwealth shall be regarded dissolved upon entry into the register of the State registration a notice to this effect. 

From the Communications Administrations:

Azerbaijan Republic - Head of the Department, Plenipotentiary representative I.N. Efendiev

Republic of Armenia - Deputy Minister, Plenipotentiary representative R.A. Arutiunyan

Republic of Belarus - Minister  I.M. Gritsuk

Republic of Kazakhstan - First Deputy Minister, Plenipotentiary representative A.M. Tungoushbaev

Republic of Kyrgyzstan - Minister  E.E. Bektenov

Republic of Moldova - Minister T.I. Andros

Russian Federation - Minister  V.B. Boulgak

Republic of Tajikistan - First Deputy Minister, Plenipotentiary representative  A.A. Avnoukov

Turkmenistan -  Minister Sh.O. Mouradov

Republic of Uzbekistan -  First Deputy Minister, Plenipotentiary representative T.G. Rakhimov

Ukraine - Vice-Chairman of the State Committee for Posts and Telecommunications, Plenipotentiary representative N.M. Starodoub