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
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,
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.
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
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.
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.
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.
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.
and programme of work for the forum will be agreed by the Partners.
will be made by Partners to secure funding that will enable delegates
from LDC's to attend the forum.
OF THE MOU
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.
concur that they will each use their own funds or funding sources to their
respective responsibilities under this MoU.
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.
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.
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
e) A Partner withdrawing from the partnership or terminating this MoU
should meet its own responsibilities up to the effective date of withdrawal
f) This MoU may be terminated by any Partner on account of force majeure.
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.
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
AFRICAN TELECOMMUNICATIONS UNION REGIONAL AFRICAN SATELLITE COMMUNICATIONS
By: Jan MUTAI
By: Gounde ADADJA