Agreement on the establishment of the Regional Commonwealth in the field of Communications

RCC Charter

AGREEMENT

On the establishment of the Regional Commonwealth in the field of Communications

The communications administrations of the Member-States of this Agreement, fully recognizing the sovereign right to regulate activities in the field of electric communications* and postal communications (hereinafter referred to as communications), as well as the need for coordinated actions in the field of communications, have agreed on the following:

Article 1. Create a Regional Commonwealth in the field of Communications (RCC) with an Association Status.

Article 2. The members of the Regional Commonwealth in the field of Communications are the communications administrations of the states that have signed this Agreement. Communications administrations of other states that are not members of the Regional Commonwealth in the field of Communications may be accepted as members of the Commonwealth upon their official appeal. They are considered acceptable as members of the Regional Commonwealth in the field of Communications if their appeals are supported by all members of the Commonwealth.
Any member of the Regional Commonwealth in the field of Communications may terminate the concluded Agreement by sending a corresponding notice. Upon receipt of such notice, all members of the Agreement are immediately informed. The decision to terminate the Agreement shall enter into force six months after receipt of the said notification in the settlement of relations on all obligations related to participation in the Regional Commonwealth in the field of Communications.

Article 3. Members of the Regional Commonwealth in the field of Communications may have the status of a full and associate member.
Communications administrations of other states as observers may participate in the work of the Regional Commonwealth in the field of Communications.

Article 4. Joining the Regional Commonwealth in the field of Communications is not an obstacle to joining other unions, communities, associations, or joining other agreements.

Article 5. The supreme body of the Regional Commonwealth in the field of Communications is the Board of Communications Administrations Heads of the members of the Commonwealth.

The functions of the Chairman of the Board are carried out alternately by each head of the communications administration during the year.

The working order of the Board is determined by its regulations. Decisions of the Board are made with the general consent (consensus) of the members of the Board.

Article 6. The Permanent Executive Body of the Regional Commonwealth in the field of Communications is the Executive Committee consisting of up to 35 staff units, headed by the General Director.

Article 7. The Board may create commissions and other subsidiary bodies necessary for the exercise of its functions.

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*Electrical communications include networks and facilities providing telephone, telegraphic communications, data and other types of documentary communications, as well as television, sound and other types of radio and wire broadcasting.

Article 8. The cost estimates of the Regional Commonwealth in the field of Communications are approved by the Board annually.

The payment of employees of the Executive Committee is established on the terms of payment approved for employees of the central apparatus of the ministries of the RSFSR.

Article 9. Communications administrations of the Azerbaijan Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Republic of Tajikistan, Turkmenistan, and the Republic of Uzbekistan temporarily assign the communications administration of the RSFSR, instead of the communications administration of the former USSR, to represent their interests in the International Telecommunication Union, the Universal Postal Union and other international organizations until they join these organizations.

Article 10. The regional commonwealth in the field of communications is building its relationship with the International Telecommunication Union and the Universal Postal Union as a regional authority.

Article 11. Location of the Regional Commonwealth in the field of Communications - Moscow.

Article 12. The official and working language of the Regional Commonwealth in the field of Communications is the Russian Language.

Article 13. The budget of the Regional Commonwealth in the field of Communications is formed by the contributions of its members. The size and method of contributions shall be determined by the Board.

Article 14. This Agreement shall enter into force upon signature.

CHARTER

of the Regional Commonwealth in the field of Communications

1.General Regulations

The Regional Commonwealth in the Field of Communications (RCC) was created by the state communications administrations in accordance with the "Agreement on the Establishment of the Regional Commonwealth in the Field of Communications" dated December 17, 1991 with the aim of broad cooperation and coordinated actions of these states in the field of electric* and postal communications.

RCC members on a voluntary basis are the communications administrations of the following states:

Republic of Azerbaijan
Republic of Armenia
The Republic of Belarus
Republic of Kazakhstan
Republic of Kyrgyzstan
Republic of Moldova
Russian Federation
Republic of Tajikistan
Turkmenistan
Republic of Uzbekistan

RCC is open to the entry of communications administrations of other states. They can be accepted as members of the commonwealth on their official appeal and are considered accepted if all members of the commonwealth support their appeal.

Any RCC member can terminate the concluded Agreement by sending a corresponding notice. All members of the community are immediately informed of the receipt of such notification. The decision to terminate the Agreement shall enter into force six months after receipt of the said notification when settling relations for all obligations related to participation in the Regional Commonwealth in the field of Communications.

RCC members can have the status of both a full and associate member.

Communications administrations of other states as observers may take part in the work of the RCC.

The status and powers of associate members and observers are determined by the Board of Communications Administrations Heads.

Membership in the RCC is not an obstacle to joining other unions, communities, associations, or joining other agreements.

RCC is a legal entity on an independent balance sheet, has settlement and other accounts in bank institutions, a seal with its name and is not a commercial organization.

*Electrical communications include networks and facilities that provide telephone, telegraph, data and other types of documentary messages, as well as television, sound and other types of radio and wire broadcasting.

The RCC in its activities is guided by the current legislation of the states whose communications administrations are members of the RCC, decisions of the RCC Board of the Communications Administrations Heads, acts of the International Telecommunication Union, the Universal Postal Union and this Charter.

RCC has the right to create commissions and working groups, which may be entrusted with the study of certain issues and, if necessary, enterprises and organizations whose activities are necessary to fulfill the tasks of the RCC.

The RCC accepts two types of documents: a recommendatory one on all issues of telecommunications and mail, and mandatory on the functioning of the community and its executive committee.

RCC has the right to correspond with international organizations. RCC builds its relations with the International Telecommunication Union, the Universal Postal Union and other international organizations as a regional body.

RCC is not responsible for the users of communication services and for damages.

The location of the RCC Executive Committee is in Moscow.

2.Aims

Expansion of mutually beneficial relations between the members of the RCC Communications Administrations; harmonization of communications development.

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

Coordination of policymaking in the scientific and technical domain of communications.

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

Coordination of general tariff policy.

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

Formation of recommendations on mutual settlements as regards communications services between the members of the RCC Communications Administrations, as well as with other States.

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

Joint issue of postal stamps.

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

Implementation of any other tasks, which are of mutual interest to the RCC Members.

3.Structure and authority of the Executive Organs

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

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

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.

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

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

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.

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

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

The General-Director 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.

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

4. Property and Finances.

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.

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.

The RCC shall dispose of 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.

The budget of the RCC shall be drawn up by the RCC members and thereafter shall be subject to the approval by the RCC Board of Communications Administrations Heads 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 members, which shall be made in fixed amounts. The Board shall determine the amount and the way contributions shall be made.

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

5. Liquidation and Reorganization.

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

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

The 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 notice to this effect.