MEMORANDUM OF UNDERSTANDING BETWEEN THE AFRICAN TELECOMMUNICATIONS UNION AND THE REGIONAL AFRICAN SATELLITE COMMUNICATIONS ORGANISATION FOR JOINTLY ORGANIZING AFRICAN COMMUNICATIONS REGULATORY FORUM ON THE EFFICIENT USE OF THE RASCOM SATELLITE FACILITIES.

The African Telecommunications Union ("ATU") an intergovernmental organization and specialized agency of the Organization of African Unity having its temporary headquarters in Nairobi, the Republic of Kenya at the 11th floor, Posta Sacco Plaza, Monrovia street,

and

The Regional African Satellite Communications Organization ("RASCOM") a regional organization established for the purpose of installing and operating regional African space satellite communications segment capable of providing satellite-borne communications services having its headquarters at 2, Avenue Thomasset, B.P 3626 Abidjan 01, Republic of Cote d'Ivoire.

CONSIDERATIONS

1. Considering that the mission of ATU is to promote the rapid development of info-communications in Africa in order to achieve universal service and access, in addition to full inter-country connectivity, in the most effective manner,
2. Considering that most of the intra-African traffic is routed through transit switching centres outside the African continent, costing African countries hundreds of millions of American dollars annually in transit fees,
3. Considering that the predecessor of ATU working in partnership with the African countries, the ITU and other international organizations conceived the RASCOM for the purposes of providing the satellite solution to the communications problems in Africa, especially providing services to rural areas where the cost of conventional landline technologies are prohibitive and 70% of the African population live,
4. Considering that the RASCOM project will be ready for service in 2002 and hence the need to start now implementing related projects that will ensure that the RASCOM facilities are adequately deployed from day one of its operation.

ARTICLES:

1. OBJECTIVES

The ATU and RASCOM ( hereinafter referred to collectively as the "Partners") intend to cooperate in a partnership in organizing African Communication Regulators Forum. The objective of the joint cooperation between the Partners under this partnership is to organize the African Communications Regulators Forum with each partner playing specific roles and responsibilities defined in this MoU so that the African Communications Regulators could agree to harmonize the regulatory framework applicable in their respective countries in favour of using the RASCOM and other satellite-based network facilities effectively and efficiently.

2. RESPONSIBILITIES OF ATU

· ATU will invite African Communications Regulators to attend the forum.

· ATU will provide local transport at the venue of the forum for the delegations to the forum.

· ATU will provide secretarial services at the venue of the forum.

3. RESPONSIBILITIES OF RASCOM

· RASCOM will prepare necessary documents for the forum and present them during the forum.

· RASCOM will meet cost of interpretation and translation of documents together with interpretation and presentation equipment.

· RASCOM will meet cost of refreshments during tea/coffee breaks.

· RASCOM will host one dinner for the forum.

4. JOINT EFFORT

The agenda and programme of work for the forum will be agreed by the Partners.

Joint efforts will be made by Partners to secure funding that will enable delegates from LDC's to attend the forum.

5. IMPLEMENTATION OF THE MOU

In order to ensure efficient implementation of the assignments under this MoU, the following actions will be undertaken by the Partners:

a) Both Partners will arrange to meet physically or electronically as soon as possible to review action plan for the forum.
b) Partners will appoint Forum Leader and points of contacts
c) Partners will meet from time to time to assess the progress of implementation of the action plan.

6. FINANCIAL ARRANGEMENTS

The Partners concur that they will each use their own funds or funding sources to their respective responsibilities under this MoU.

7. OTHER PARTNERS

Partners shall establish, when necessary, rules by which non-partners are permitted to become Partners in this MoU. Notwithstanding the foregoing, the agreement of each Partner will be required prior to conducting discussions with the potential partner.

8. SETTLEMENT OF DISPUTES

Any dispute regarding the interpretation or implementation of this MoU will be resolved by consultation among the Partners and will not be referred to a third party for settlement.

9. DURATION AMENDMENTS, WITHDRAWAL AND TERMINATION

a) This MoU will come into effect upon signature by the Chief Executive Officers of the Partners and will remain in effect until the effective date any Partner notifies the other in writing that it wishes to terminate it.

b) This MoU may be amended only with mutual written consent of the Partners.
c) If a Participant finds it necessary to withdraw wholly or partly from the partnership, then the Partners' leader(s) will discuss the consequences of such withdrawal.
d) Either Partner may terminate this MoU at any time by providing advance written notice to the other Partner not less than thirty (30) days in advance.
e) A Partner withdrawing from the partnership or terminating this MoU should meet its own responsibilities up to the effective date of withdrawal or termination.
f) This MoU may be terminated by any Partner on account of force majeure.

10. MISCELLANEOUS

a) The Partners concur that this MoU, the understandings by and between the Partners set forth herein are non-contractual and non-legally binding arrangements and they will cooperate in the partnership only. This MoU places no legal obligations on the Partners and creates no rights for them.

b) Resolution of any claims including property damage or personal injury, arising under or related to this MoU will be handled by the Participant responsible for any such claim.

IN WITNESS HEREOF,the Partners have, as their free acts and deeds caused this Memorandum of Understanding to be executed by their respective duly authorized representative.

AFRICAN TELECOMMUNICATIONS UNION REGIONAL AFRICAN SATELLITE COMMUNICATIONS

("ATU") ORGANIZATION ("RASCOM")

By: Jan MUTAI
By: Gounde ADADJA