SECTORAL AGREEMENTS ON SERVICES
IN THE WESTERN HEMISPHERE
25 February 1998
B. Bilateral Sectoral Agreements
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1. Agreement Concerning the Transmission and Reception of Signals from Satellites for the Provision of Satellite Services to Users in the USA and Mexico
(Agreement between the Government of the United States of America and the Government of the United Mexican States Concerning the Transmission and Reception of Signals from Satellites for the Provision of Satellite Services to Users in the United States of America and the United Mexican
DATE: April 28,
MEMBERS: United States and Mexico
Summary of Provisions
Article I: To facilitate the provision of services to, from and within the United States and Mexico via commercial satellites that each Party licenses and coordinates pursuant to ITU Radio Regulations, and to establish the conditions relating to the use in both countries of satellites licensed in the United States and Mexico.
Article II: “Space Station”, “Satellite”, “Satellite Service”, “Satellite Service Provider”, “Earth Station”, “License”, “Blanket License”, “Protocol”, “Administration”.
“Satellite Service” means any radio communications service involving the use of one or more
“Satellite Service Provider” means an individual or legal entity licensed by a Party or its Administration, as appropriate, to provide Satellite Services within the territory, territorial waters or national airspace of a
Article III: The entities responsible for implementing this Agreement, herein referred as the authorities, shall be, for the United States, the Department of State, and for Mexico, the
Secretaria de Comunicaciones y Transportes.
The entities responsible for implementing each of the Protocols included in the Annex to this Agreement, herein referred to as the Administrations, shall be as designated by the Authorities in each of the Protocols.
Conditions of Use:
- Mexican Satellites will be permitted to provide service to, from and within the U.S., in conformance with applicable provisions of U.S. law, to the extent that these services enhance rather than distort competition in the U.S. market for Satellite Services, and to the extent that these services enhance public interest
- United States Satellites will be permitted to provide service to, from and within Mexico, in conformance with applicable provisions of Mexican law, to the extent that these services enhance rather than distort competition in the Mexican market for Satellite Services, and to the extent that these services enhance public interest objectives, and reciprocity is afforded to Mexican Satellite operators in the United
The conditions for the transmission and reception of signal from Satellites licensed by each Party or Administration shall comply with national laws and
For the purpose of this Agreement, the Parties agree that the United States or Mexican entities that operate commercial Satellites and Earth Stations may be established with either public or private participation in conformity with the legal and regulatory provisions of each country.
A Party shall not require a Satellite licensed by the other Party to obtain an additional license for the operation of the Satellite in order to provide the Satellite Services described in the attached Protocols. Licenses for Earth Stations and Satellite Services must comply with national laws and
Article V: The ITU Radio Regulations are the basis for the technical coordination of Satellites. The Parties agree that the technical coordination procedures shall be carried out for purposes of effectuating the most efficient use of satellite orbits and the associated frequencies for satellite use, and agree to cooperate in the technical coordination of new satellites to accommodate the growing national and international communications needs of the satellite industry of each
Article VI: Foreign ownership restrictions on Earth Stations and on Satellite Service Providers operating within the territory of a Party are defined by laws and regulations of each Party. For the United States, foreign ownership rules at present are contained in Title 47 of the United State Code (in particular, 47 U.S.C. Section 310), and other U.S. regulations and case law. For Mexico, foreign ownership restrictions are at present contained in Article 12 of the Federal
Telecommunications Law published in 1995, and the Foreign Investment Law published in 1993.
Essential Security Exception:
Article VII: This Agreement and its Protocols shall not preclude the application by either Party of actions that it considers necessary for the protection of its essential security interests or to the fulfillment of its obligations under the Charter of the United Nations with respect to the maintenance or restoration of international peace or
Article VIII: The Parties shall cooperate in seeking to ensure respect for the laws and regulations of the other Party relating to the services that are encompassed by this Agreement and the annexed
Amendment of the Agreement and Protocols:
Article XIX: This Agreement may be amended by agreement of the Parties. The annexed Protocols may be amended and additional Protocols may be concluded by written agreement of the
Entry into Force and Duration:
Article X: This Agreement shall enter into force on the date on which both Parties have notified each other by exchange of diplomatic notes that they have complied with the requirements of their respective national legislation for entry into
The Agreement shall remain in force until it is replaced by a new agreement or until it is terminated by either Party in accordance with Article XI of this
Termination of the Agreement and Protocols:
Article XI: This Agreement may be terminated by mutual agreement of the Parties, or by either Party by written notice to the other Party through diplomatic channels. Such notice of termination shall enter into effect six months after the receipt of the notice.
2. Acuerdo Complementario al Convenio Básico de Cooperación Técnica para el Desarrollo de las Telecomunicaciones
(Complementary Agreement to the Basic Pact
for Technical Cooperation between Brazil and Venezuela for Telecommunications
DATE: July 4,
MEMBERS: Brazil and Venezuela
Summary of Provisions
Article I: The Parties, through the mechanisms available to their respective Administrations, will encourage cooperation among agencies, institutions and enterprises of both countries, dedicated to scientific, technological and industrial development and the provision of services in the area of telecommunications, with the purpose of promoting the exchange of experience, the provision of technical and
telecommunications services and the development of projects of mutual interest, within the legal framework of each country.
Article II: The Government of the Republic of Venezuela designates the Ministry of Transport and Communications (MTC), through the National Telecommunications Commission (CONATEL), and the Government of the Federative Republic of Brazil designates the Ministry of Communications, as the technical agencies in charge of implementing the provisions stipulated in this Complementary
Article III: The Ministry of Transport and Communications of Venezuela (MTC), through the National Telecommunications Commission (CONATEL), and Brazil’s Ministry of Communications may work through institutions and technical enterprises which are related to the Telecommunications sector to provide the cooperation specified in the current Complementary Agreement.
Article VIII: The technical agencies shall establish mechanisms of confidentiality to be employed by the institutions and technical enterprises mentioned in Article III as a result of the application of this Complementary
Article X: The technical agencies will promote and stimulate the participation of telecommunications institutions or enterprises which are legally established in each country, in the projects originating with this Agreement.
Areas of Cooperation:
Article IV: The Parties agree to make efforts to:
i) harmonize joint operative agreements in order to strengthen the telecommunications development in both countries, given the Parties’ approval according to each State’s legislation, specially in the areas of technical cooperation; investigation and development; industrial cooperation; formation and training of human
ii) assist enterprises which provide telecommunications and radio diffusion services in initiatives to extend or improve the provision of telecommunications services between both
iii) adopt common positions for the strengthening of the Inter-American Telecommunications Commission (CITEL), and before specialized international agencies, particularly the International Telecommunications Union
Article V: The cooperation which will result because of this Agreement may cover the following topics and
i) Exchange of information on national standards regulating the
telecommunications sector in both countries;
ii) Exchange of scientific and technological information and the carrying out of joint projects between institutes for research and development that are related to
iii) Exchange of personnel specialized in telecommunications to offer training courses and to act as
iv) Organization of seminars, conferences and exhibits for the diffusion of new knowledge and
v) Encourage the creation of telecommunication systems which may be used in the national circuit and particularly in the cross-border areas of both countries, as well for the regional integration
vi) Encourage the reciprocal efficient use of telecommunications systems, of both countries, by enterprises which are providers of services of telecommunications and radio
vii) Organization of meetings between telecommunications institutions and enterprises of both countries to promote, among others, investments, implementation of new services and extension of existing
viii) Any other forms of cooperation in the area of telecommunications.
The Parties commit to meet at least once a year to evaluate the progress of technical and operational projects and discuss new topics to be incorporated.
Article VII: In sixty days the technical agencies will prepare a detailed Work Program, which shall include the Preliminary List of projects described in the Annex, and the characteristics and modalities of cooperation, the conditions and terms of reference of the projects, and an Operative Plan establishing the responsibilities for execution
Consultations and Settlement of Disputes:
Article IX: Both Parties agree to establish mechanisms of consultation which would lead to reciprocal acceptance of the certificates of approval of goods to be provided by Venezuelan and Brazilian enterprises for restructuring or extending their systems of telecommunications and radio
Article XIII: The disputes which may emerge among the Parties concerning the interpretation or execution of this Complementary Agreement will be solved upon direct negotiations through diplomatic
Article XV: This Complementary Agreement is of indefinite duration unless one of the Parties notifies the other of its intention to terminate it, through a diplomatic channel, upon a twelve (12) months written notice.
3. Memorandum of Understanding Regarding Scientific and Technical Cooperation
(Memorandum of Understanding Regarding Scientific and Technical Cooperation in Telecommunications Development between the Venezuelan Ministry of Transportation and Communications and the United States Federal Communications
November 12, 1992
Venezuela and the United States
Summary of Provisions
Article I: The objective of this Memorandum of Understanding is to establish a program for technical cooperation in the development of telecommunications.
Areas of Cooperation:
Article II: The areas of cooperation envisioned by this Memorandum of Understanding, which may be expanded by agreement of the Parties,
the development of systems of study for technical verification of radio frequency emissions and interference
homologation of technical characteristics of both monitoring and communications equipment
the exchange on a real-time basis, between Centralizing Offices of Venezuela and the United states, of radio spectrum monitoring data and direction finding bearings once monitoring systems are appropriately developed, in accordance with Article 20 of the Radio Regulations (Geneva 1979) relating to international
identification of improper radio transmitters operating in the COSPAS-SARSAT distress and safety band 406.0 - 406.1 MHZ, and prompt elimination of such transmissions that are identified and interfering with COSPAS-SARSAT distress and safety observations under the monitoring program organized by the International Telecommunication Union (ITU) International Frequency Registration
training visits to the Federal Communications Commission’s (FCC) Field Operations Bureau headquarters and monitoring facilities, as appropriate;
training visits to the Ministry of Transportation and Communications headquarters and monitoring facilities, as they are
the development of an automated information system for the issuance of permits in the various radio
radio frequency spectrum planning;
exchange of information on common carrier wire and radio tariff
exchange of information on broadcasting cable
The Parties will establish a Work Program which will define the specific areas of technical and scientific cooperation, as well as the availability of expert investigators, technicians and materials necessary to carry out this Program. This Work Program may be amended, as
The provisions of the 1990 Agreement for Scientific and Technological Cooperation regarding patents, designs, trade secrets, copyrights, confidentiality, and national security will apply to all activities undertaken pursuant to this Memorandum of Understanding.
Entry into Force and Duration:
Article V: This Memorandum of Understanding will enter into effect upon signature and will remain in effect for a period of five years. It may be terminated by mutual consent or upon six months written notice by either Party. It may be amended by agreement of the Parties.
Convenio Básico de Cooperación para el Desarrollo de las Telecomunicaciones
(Basic Cooperation Agreement for Telecommunications Development)
October 10, 1990
Venezuela and Chile
Summary of Provisions
Article I: The Parties, through the mechanisms available to their respective Administrations, or the recognized enterprises operating in their respective countries in this area, will seek to initiate the execution of, or continue to explore telephone, telegraph, telex and other telecommunications services, taking advantage of the technical advances available in this field.
Article II: Venezuela designates the Sectoral General Direction of the Ministry of Transport and Communications and Chile designates the Department of Telecommunications of the Ministry of Transport and Communication as the technical agencies, in charge of implementing the provisions stipulated in this Cooperation
The Parties agree that the agencies mentioned in Article II may sign Operative Agreements when necessary, seeking to materialize the provisions of Article III, keeping the Parties to this Agreement well
The recognized enterprises operating in the telecommunications area in both countries may also sign Operative Agreements. Such Agreements will be subject to approval by the respective National Administrations or Governments when necessary, according to the current internal legislation of each State.
Areas of Cooperation:
Article III: The Parties will make efforts to:
establish and maintain their respective telecommunications installations designed to provide different services, in perfect functioning and operating
provide telecommunications services, observing the current standards established by the International Telecommunications Union (ITU) and endorsed by both Parties, the recommendations approved by the Inter-American Telecommunications Commission (CITEL) or by the Regional Organization which may substitute it in the future, and respecting the existing legal standards in each of the
harmonize joint Operative Agreements in order to strengthen the telecommunications development in both countries, specially in the area of technical cooperation, investigation and development, industrial cooperation, formation and training of human
define common positions for participation in the international organizations on telecommunications, particularly the International Telecommunications Union (ITU) and CITEL or the organization that may substitute it in the future;
commit to support and strengthen the performance of the Inter-governmental Agency of the Organization of American States (OAS) or any other that may be created in the
carry out any other project of cooperation in the area of
This agreement is of indefinite duration, unless one of the Parties notifies the other of its intention to terminate it, upon a twelve (12) months notice.
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