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UNITED NATIONS
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NATIONS UNIES
U N A T I O N S NEWYONK

ADRESSE POSTALE

UNITED N A T I O N S . N . Y . 10017

ADRESSE TELEGRAPHIQUE

Reference: C.N.707.1999.TREATIES-1 (Depositary Notification)

AMENDMENT TO THE AGREEMENT ESTABLISHING THE ASIA-PACIFIC INSTITUTE FOR BROADCASTING DEVELOPMENT ISLAMABAD, 21 JULY 1999

ADOPTION OF AMENDMENTS
The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following: On 21 July 1999, the Governing Council adopted unanimously, at its meeting at Islamabad, the 1 Amendments proposed by the Government of Iran to the above Agreement. The Council also determined under article 14 (2) that the amendments were of such a nature as to require implementation by all Contracting Parties. Reference is made to the amendment procedure provided under article 14 of the Agreement which reads, inter alia, as follows: " 1. ... Amendments as adopted by the Governing Council shall be communicated by the Director to the Secretary-General of the United Nations and shall be circulated by the latter among all Contracting Parties. Amendments shall, subject to paragraph 2 of this article, enter into force for all Contracting Parties three months after their acceptance by a two-thirds majority of the Contracting Parties."

6 August 1999

Refer to depositary notification C.N.503.1999.TREATIES-1 of 14 June 1999 (Proposal of Amendments: Iran).

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.

C.N.503.1999.TREATIES-1 (Annex/Annexe)

PROPOSAL OF AMENDMENTS TO THE AGREEMENT ESTABLISHING THE ASIA-PACIFIC INSTITUTE FOR BROADCASTING DEVELOPMENT

PROPOSITION D'AMENDEMENTS A L'ACCORD PORTANT CRATION DE L'INSTITUT POUR L'ASIE ET LE PACIFIQUE EN VUE DU DVELOPPEMENT DE LA RADIODIFFUSION

Proposed Amendments to the Agreement Establishing the Asia-Pacific Institute for Broadcasting Development

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PREAMBLE

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5,6
"both radio and television" after'....broadcasting*, and "the electronic media" "or region;" after '...people in a nation;'

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"training of broadcasters" after '....the systematic', and "development of human resources in the broadcasting industry" INTERPRETATION "INTERPRETATION", "DEFINITIONS" "Governing Council" "General Conference" 8,9,10 whole paragraph, "Executive Agency II " "Governing Council" means the Governing Council" before 'of the institute established under article 8;' and " "General Conference" means the General Conference" 13,14 15 : : : 18 "full" after whole paragraph, "Gross operational
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and

after '....appointed by the', and

Telecommunication Union,"

equipment and building

....be eligible for'

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19 "and shall retain a status equivalent to that in ESCAP;" after ' a party to tliis Agreement'

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"training of broadcasters/practitioners" after * institutes concerned with the', and "development of broadcasting" 25,26,27 whole paragraph, " "Project" means by the competent bodies;"

"Basic" 2 1

before * amendments means the amendments to....'

MEMBERSHIP Number "1." before ' AU Countries member of the Institute.../.

: : : : :

3,4

paragraph 1. "or its designated broadcasting authority," l after Any such country'. "full" after ' shall become a' .

5 New Para "2. The International Telecommunication Union (), the United Nations Development Programme (UNDP), and the United Nations Educational, Scientific and Cultural Organization (UNESCO) are founding organizations of the Institute and they are non-voting members of the General Conference. 3. The Asia-Pacific Broadcsting Union (ABU) is a founding organization of the Institute and is a non-voting member of the General Conference. 4. National centres and national institutes of broadcasting and organizations dealing in the main with electronic media, whether publicly or privately owned, may apply for affiliate memberslp of the Institute, subject to the approval of the General Conference. Affiliate members shall not have voting rights at the General Conference.

5. Any other broadcasting entity not falling under the above two categories, may apply for special membership of the Institute, subject to the approval of the General Conference. Special members, who shall be from states recognised by the United Nations, shall not have voting rights at the General Conference. 6. Organizations and/or individuals outside of broadcasting who shall be from states recognised by the United Nations, may apply to the Director for observer status dining the General Conference, on terms and conditions as established from time to time by the Director with the approval of the President of the General Conference." Article : 3 OBJECTIVES All its clauses, and "The Institute shall have the following as its set of objectives: a) to promote discourse and dialogue that help shape electronic media policy in the region; b) to promote closer regional cooperation among members in electronic media development and convergence; c) to promote a partnership between the public and the private sectors that encourages the most effective utilization of the resources allocated for electronic media development; d) to promote electronic media management continuous human resource development; e) to collaborate in electronic media research; that encourages

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f) to establish strong regional links for international cooperation and collaboration; and g) Page Article Line Insert : : : : 5 4 3 to supplement and complement the activities of ABU."

FUNCTIONS New para as (a), (b) and (c) and re-arrange original paragraphs consecutively as follows :

"(a) serve as an Asia-Pacific regional platform for international cooperation in electronic media development; (b) provide an intra-regional forum for discussion and exchange of information on policy, human resource and teclinological development of the electronic media; (c) act as a clearing house, and interfacing and assisting the activities of the national broadcasting training institutions of member countries; (d) Organize training courses, seminars and workshops for broadcasting personnel of member countries, at regional, sub-regional and national levels, designed to develop their professional capability; (e) Produce curricula, materials and methodologies related to development-oriented broadcasting training; (0 Undertake research and comparative studies on broadcasting problems related to the social and economic development of member countries; (g) Produce prototype and model programmes directed towards education and development goals; (h) Organize the collection, analysis and dissemination of information on broadcasting and related topics; and (i) Provide advisory and consultancy services, on request, to member countries".
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THE GOVERNING COUNCIL The heading "THE GOVERNING COUNCIL" and all its clauses,
"THE GENERAL CONFERENCE"

and

"1. There shall be a General Conference for the Institute, comprising all of its members, which shall meet once a year in ordinary session. Only full members attending the General Conference shall have the right to vote. 2. The General Conference may meet in extraordinary session if so called upon by the President on the advice of the Executive Board.

3. The General Conference shall have a President and a Vice-Prsident both of whom shall be elected by majority vote every 2 years from among its full members only. Incumbents may be re-elected but can serve for only two consecutive 2-year tenus. However, they may be elected for subsequent terms but after an absence of at least one term. 4. The Director of the Institute shall be the Secretary of the General Conference and shall have no voting rights. 5. With the concurrence of the President, the Secretary of the General Conference may invite as observers, any number of representatives of donor governments, UN specialized agencies, sponsors or cooperating organizations in recognition of their contributions to the Institute. Invited observers shall have the right to participate but cannot vote. 6. The General Conference shall have the following powers: a) b) To elect the President and Vice-President; To elect an Executive Board of the Institute and, in its first session, decide on the number of Board Members, their terms of election and the functions of such Board. To appoint the Director of the Institute; To provide policy decisions and guidance to the Director regarding the operation and management of the Institute; To approve the budget and work program of the Institute; To approve the Institute's administrative, regulations; financial and staff

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To approve applications for non-full membership of the Institute. To approve amendments to this Agreement; and To perform, including by delegation, such other functions as are authorized by this Agreement."

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THE DIRECTOR AND STAFF "Governing Council" after'....who shall be appointed by t h e ' , and "General Conference"

d but Cail .

e-Presiden, years f roin *

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"Governing Council" after '....and directives of the', "General Conference"

and

.e term.

the Gnpi the Genera; sentativesof coopratif e Institute irmot vote.

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paragraph 3. and

"3. The Director shall make appointments to level 1 (one) posts on the
staff of the Institute subject to the approval of the Executive Board", 5,6 "all other" after '... have the power to make' " to all posts in the non-professional cadre of the Institute;" after '... the power to make appointments'.
FINANCE

"FINANCE", and "FINANCE AND ASSETS" paragraph 1, and "1. There shall be established a fund to be called the Common Fund into which shall be paid subscriptions of all full, associate and affiliate members of the Institute. The General Conference may determine from time to time, the value of the basic unit of the annual subscriptions as well as the quantum and modality of payment of such contributions". "financial" after '... Other .contributions by way of 'or" after '....received from governments,' "AIBDFund" after '....paid into the' "Common Fund" and

first session. ns of election

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i tute-,

and sts::

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:he Institute

functions a-

"(a). Contributions received from UNDP;" and "(a). Donations from founding members, governments, UN specialized agencies or cooperating organizations;" paragraph (b), and "(b). Fees paid to the Institute by non-member countries or organizations or individuals in respect of training/service s received, at rates to be determined by the Director; and"

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paragraph (c), and

"(c).

Any other voluntary and non-conditional financial assistance

received by the Institute "3. Contributions from sponsors shall be paid into a separate fund to be called the International Programme Support Fund - hereinafter referred to as the IPS Fund - the purpose of which shall specifically be f 0r implementing the extra-budgetary activities of the Institute". Re-number the original para (3) as new para (4). "on" after '...incurred by the Institute', and "for"

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"and if necessary, in facilitation of the continuous and proper running of

its other activities," after*....execution of its functions'.

"AIBD Fund" after '....shall be met from the...', and "Common Fund". 16 All of para 4 and insert new para 5 as follows : "5. The Director of the Institute shall be responsible for the proper management of the Institute's finances and funds in accordance with tin budget and the financial regulations approved by the General Conference. and shall submit separate annual accounts of the income an: expenditure of the Common Fund and the IPS Fund to the Genera! Conference."

Delete

All of para 5

and insert new para 6 as follows :

"6. All withdrawals from the Common Fund shall be on the authority ci the approved budget or the specific authority of the Director or of an officer designated for this purpose by the Director, provided the expenditure is within a given limit." Add Page Article Line Delete Insert : : : : : : New para 9 11 2 "7. All contributions in kind to the Institute shall be treated as asset(s) c: the Institute." GENERAL PROVISIONS "Governing Council'' after '....with the approval of the', and "General Conference"

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"administrative," 12 6

after '...such regulations, including'.

FACILITIES, PRIVILEGES AND IMMUNITIES "as are reasonably necessary" after '...status, privileges and immunities', and "consistent with the Convention on the Privileges and Immunities of the United Nations (U.N.T.S. Vol. 1, p. 15 and U.N.T.S. Vol.90, p.327)" RELATIONS WITH OTHER NATIONAL AND REGIONAL INSTITUTIONS AND INTERNATIONAL ORGANIZATIONS "or arrangement" after '....conclude a suitable agreement'. "regional" after '...co-operation with any national/ .

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AMENDMENTS whole of paragraph 1, and

"1.

Any Contracting Party may propose amendments to this Agreement

through the Secretary of the General Conference. The text of the proposed amendments shall be communicated by the Secretary within one month of its receipt to the other Contracting Parries as well as to the Depositary". Delete Insert : : whole paragraph 2. and 3., and "2. The Secretary of the General Conference, with the concurrence of the President, shall then submit the proposed amendments for deliberation by the next immediate General Conference provided that the proposed amendments have been circulated to all members at least 3 full calendar months before this Conference". "3. Amendments so circulated shall be adopted by at least a 2/3 majority of all full members and shall be communicated by the Secretary of the General Conference to the Secretary-General of the United Nations and shall enter into force immediately upon deposit with the SecretaryGeneral of the United Nations". Insert : New para "4. The Depositary shall notify the Director of the Institute as well as all members of the Institute of such entry into force of the said amendments."

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RATIFICATION OR ACCEPTANCE BY SIGNATORIES OF, OR CONTRACTING PARTIES TO, THE ORIGINAL AGREEMENT "basic" after '....accepts the'. "this" after '...consitute acceptance of ', and "as amended" after '... acceptance of the Agreement'. after '....into force of this Agreement'

"for that country"

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"this" after '...ratifies or accepts' and "the" "as amended" after '
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ratifies or accepts the Agreement'

^asic"
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after '...constitute acceptance of the' .

ACCESSION BY OTHERS THAN SIGNATORIES OF THE ORIGINAL AGREEMENT "This Agreement" before 'shall be open for accession', "The Agreement as amended" and

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"this" after '...member does not accede to' , and

"the"

"as amended"
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after '...does not accede to the Agreement'. and

"this" after '....time of acceding to'....', "the"

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"this" after '... authority to enter into' "the" "as amended" after '....the Agreement'

and

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ENTRY INTO FORCE whole of paragraph 1 and 2, and "As of the date of entry into force of these amendments, the Agreement as amended shall supercede the original Agreement".

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RESERVATIONS "admitted or maintained" "permitted" after '....No reservations shall be' and

"Governing Council" after '....without the approval of the', and "General Conference" 19
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WITHDRAWAL "A member" before 'may withdraw from the Institute7 , and "A full member" "3. A non-full member may withdraw from the Institute by written notification to the Secretary of the General Conference who shall inform all other Contracting Parties as well as the Depositary. The withdrawal shall take effect upon the expiration of twelve months from the date of notification". 4. The withdrawing member shall be hable for all its financial obligations to the Institute including those incurred during the twelvemonth period.".

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