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Volume 2167, A-19609

No. 19609. Multilateral

No. 19609. Multilateral

AGREEMENT ESTABLISHING THE
FOR
INSTITUTE
ASIA-PACIFIC
BROADCASTING DEVELOPMENT.
KUALA LUMPUR, 12 AUGUST 19771

ACCORD PORTANT CREATION DE
L'INSTITUT POUR L'ASIE ET LE
PACIFIQUE EN VUE DU DEVELOPPEMENT DE LA RADIODIFFUSION. KUALA LUMPUR, 12 AOUT
1977'

AMENDMENTS TO THE AGREEMENT ESTABLISHING THE ASIA-PACIFIC INSTITUTE
FOR BROADCASTING DEVELOPMENT. IS-


AMENDEMENTS A L'ACCORD PORTANT
CREATION DE L'INSTITUT DE DEVELOPPEMENT DE LA RADIODIFFUSION POUR
L'ASIE ET LE PACIFIQUE. ISLAMABAD, 21

LAMABAD, 21 JULY 1999

Entry into force : 14 December 2001, in
accordance with article 14 (1) (see
following page)
Authentic texts : Chinese, English, French
and Russian
Registration with the Secretariat of the
14
officio,
United Nations : ex
December 2001

JUILLET 1999

Entree en vigueur : 14 d~cembre 2001,

conform~ment au paragraphe 1 de
'article 14 (voir la page suivante)
anglais,
Textes authentiques : chinois,
frangais et russe
Enregistrement aupres du Secretariat
14
des Nations Unies : d'office,
d6cembre 2001

1. United Nations, Treaty Series Vol. 1216,1-19609 - Nations Unies, Recueil des Traitds Vol. 1216,
1-19609

Volume 2167, A-19609

Participant'

Acceptance

Afghanistan


23

Dec 1999

A

Bangladesh

21

Jun 2000

A

Bhutan

12

Oct 2000 A


Brunei Darussalam

5

Jul

2000

A

10

Jul

2001

A

10


Apr 2000

A

Fiji

11

Feb 2000

A

Indonesia

23

Apr 2001

A


Iran (Islamic Republic of)

30

Nov 1999

A

Micronesia (Federated States of)

22

Jun 2001

A

Myanmar

3


Apr 2000

A

Pakistan

17

Aug 2001

A

Republic of Korea

14

Sep 2001

A


Samoa

25

Nov 1999

A

Singapore

10

Jan 2000

A

Sri Lanka

20


Aug 1999

A

Thailand

2

Jul

2001

A

Viet Nam

27

Jan 2000


A

Participant'

Acceptation

Afghanistan

23

ddc

1999

A

Bangladesh

21


juin 2000

A

Bhoutan

12

oct

2000

A

Brun6i Darussalam

5

juil 2000

A

Cambodge

10

juil 2001

A

Chine avec d6claration

10

avr

2000

A

Fidji

11

fdvr 2000

A

Cambodia
China with declaration

1

1. For the text of the declaration made upon acceptance, see p. 472 of this volume -- Pour le texte de
la d6claration faite lors de l'acceptation, voir p. 472 du prdsent volume.
423

Volume 2167, A-19609

ParticipantI

Acceptation

Indondsie

23

avr

Iran (Rdpublique islamique d')

30

nov 1999

Microndsie (Etats fdd~rds de)

22

juin 2001

2001

Myanmar

3

avr

Pakistan

17

aofit 2001

Rdpublique de Cor6e

14

sept 2001

Samoa

25

nov 1999

Singapour

10

janv 2000

Sri Lanka

20

aofit 1999

Thaflande

2

juil 2001

Viet Nam

27

janv 2000

2000

Volume 2167, A-19609
[ENGLISH TEXT -

TEXTE ANGLAIS]

Proposed Amendments to the Agreement Establishing
the Asia-Pacific Institute for Broadcasting Development
Endorsed by the General Assembly of All Member Countries of the
Asia-Pacific Institute for Broadcasting Development on 12 February 1999

2
5,6

Page
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"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"

Paye
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3

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7

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8,9,10

Line

INTERPRETATION
"INTERPRETATION-,
"DEFINITIONS"

"G.overning Council"

and

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

"General Conference"
Telecommunication Union;"
whole paragraph, "Executive Agency..........
11

""Governing Council" means the Governing Council"
before 'of the institute established under article 8;' and
""General Conference" means the General Conference"

Delete
Insert
Line

PREAMBLE

13,14
15

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equipment and building".
whole paragraph, "Gross operational ..........

Line
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"full" after '....be eligible for'

Volume 2167, A-19609

Line
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"and shall retain a status equivalent to that in ESCAP;"
party to this Agreement'
after '.......a

Line

"training of broadcasters/practitioners"
after '......institutes concerned with the', and
"development of broadcasting"

Delete
Insert

Line
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25,26,27

Page
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4
3

whole paragraph, ""Project"

"Basic"

Number "1."
member of the Institute....
before ' All Countries..............
3,4

Line
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Insert

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

MEMBERSHIP

Article
Line
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means.......
by the competent bodies;"

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

New

Par

after

'.....shall

become a' .

"2. The International Telecommunication Union

(flU), 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 membersltip
of the Institute, subject to the approval of the General
Conference. Affiliate members shall not have voting rights at the
General Conference.

Volume 2167, A-19609

5. Any other broadcasting entity not falling under the above two
categories, may apply for special membership of the Institute, subject to
approval of the General Conference. Special members, who shall be
tile
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 during 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."
3
I

Article
Line
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Insert

OBJECTIVS
All its clauses, and
'Mlie 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;

that encourages

e)

to collaborate in electronic media research;

f)

to establish strong regional links for international cooperation and

collaboration; and
S)
Page
Article
Line
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:
:
:
:

5
4
3

to supplement and complement the activities of ABUY

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

Volume 2167, A-19609

"(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
infonnation on policy,
human
resource
and
technological
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
development-oriented broadcasting training;

related

to

(f) Undertake research and comparative studies on broadcasting
problems related to the social and economic development of member
countries;
(g)
Produce prototype and model programmes
education and development goals;

directed towards

(hi) 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".
Page
Article
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Insert

6
8
:THE

THE GOVERNING COUNCIL
The heading "THE GOVERNING COUNCIL" and all its clauses,
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.

Volume 2167, A-19609

3. The General Conference shall have a President and a Vice-President
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 terms. 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)

To elect the President and Vice-President-,

b)

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.

c)

To appoint the Director of the Institute;

d)

To provide policy decisions and guidance to the Director
regarding the operation and management of the Institute;

e)

To approve the budget and work program of the Institute;

t)

To approve the Institute's administrative, financial
regulations;

g)

To approve applications for non-full membership of the Institute.

h)

To approve amendments to this Agreement; and

i)

To perform, including by delegation, such other functions as
are authorized by this Agreement."

and staff

7
9
2

THE DIRECTOR AND STAFF
"Governing Council" after '....who shall be appointed by the',
"General Conference"

and

Volume 2167, A-19609

Line
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Iusert

4

Page
Line
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8
I

Line
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5,6

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

paragraph 3. and
"3. The Director shall make appointments to level I (one) posts on the
staff of the Institute subject to the approval of the Executive Board".

"all other"

'...

have the power to make'

"to all posts in the non-professional cadre of the Institute;"
after '... the power to make appointments'.

Delete
Article
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Insert

10

Line
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Insert

I

Line
Insert
Insert

after

FINANCE
"FINANCE", and
"FINANCE AND ASSE'S"
paragraph I, 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".

:

6
"financial" after '... Other .contributions by way of
"or" after '....received from governments,'

Line
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Insert

8
:"AIBD

Line
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Insert

9

Line
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Insert

10

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

Volume 2167, A-19609

Line
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Insert

paragraph (c), and
Any other voluntary and non-conditional financial assistance
"(C).
received by the Institute"

Line

:

Insert

: New

14
para

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Insert

S
:

Insert

:

Line
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Insert

:
:

Line
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:

14

"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 for
implementing the extra-budgetary activities of the Institute".
Re-number the original pam (3) as new para (4).
"on" after '...incurred by the Institute', and
"for"
"and if necessary, in facilitation of the continuous and proper running of
its other activities," after '....execution of its functions'.

15
"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 the
budget and the financial regulations approved by the General Conference,
and shall submit separate annual accounts of the income and
expenditure of the Common Fund and the IPS Fund to the General
Conference."
All of para 5 and insert new para 6 as follows:

Delete

"6. All withdrawals from the Common Fund shall be on the authority of
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."
New
para

Add

:

Page
Article
Line
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: 9
: 11
: 2

"7. All contributions in kind to the Institute shall be treated as asset(s) of
the Institute."
GENERAL PROVISIONS
"Governing Council" after '....with the approval of the', and
"General Conference"

Volume 2167, A-19609

"administrative," after '...such regulations, including'.

Insert
12
6

Article
Line
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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)"

Insert
Page
Article

10
13

Line
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Insert

2

RELATIONSWITH OTHER NATIONAL AND REGIONAL INSTITUTIONS
AND INTERNATIONAL ORGANIZATIONS
"or arrangement" after '....conclude a suitable agreement'.
"regional" after '...co-operation with any national,'.

14

Article
Line
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:"1.

Delete
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:"2.

AMENDMENTS

:1
whole of paragraph 1, and
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 Parties as well as to the
Depositary".
whole paragraph 2. and 3., and
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."

Volume 2167, A-19609

Pane

:

1

Article

15

Line
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2

Line
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3

"basic" after '....accepts the'.
"tlhi" after '...consitute acceptance of', and
"the"
"as amended"

Insert
Line
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5

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6
"this" after '...ratifies or accepts' and
"the"
"as antended" after

Line
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7

Page
Article

11
16

Line
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I

Line
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7

'.....ratifies

or accepts the Agreement'

"basic" after '...constitute acceptance of the'.
ACCESSION BY OTHERS THAN SIGNATORIES OF THE
ORIGINAL AGREEMENT
(DThis Agreement" before 'shall be open for accession', and
'Mhe Agreement as amended"
"this" after '...member does not accede to', and
"the"

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

Insert
Delete
Insert

after '... acceptance of the Agreement'.

"for that country" after '....into force of this Agreement'

Insert

Line

RATIFICATION OR ACCEPTANCE BY SIGNATORIES OF,
OR CONTRACTING PARTIES TO, THE ORIGINAL AGREEMENT

8

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

Volume 2167, A-19609

Line
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I1

"ris" after '... authority to enter into' and
"the"

Insert

Page
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"as amended" after '....te Agreement'

12
17

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

Article
Line

18
:

"admitted or maintained" after '....No reservations shallbe' and
"permitted"

Line
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Insert

RESERVATIONS

I

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Article
Line
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ENTRY INTO FORCE

:1

2
"Governing Council" after '....without the approval of the', and
"General Conference"
19

WITHDRAWAL

:1
"A member" before 'may withdraw from the Institute', and
"Afull member"
New "3. A non-full member may withdraw from the Institute by written
Pam 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 liable for all its financial
obligations to the Institute including those incurred during the twelvemonth period.".

Volume 2167, A-19609

DECLARATIONS MADE UPON ACCEPTANCE

DECLARATIONS FAITES LORS DE L'ACCEPTATION

CHINA - CHINE
[ENGLISH TEXT -

"...

TEXTE ANGLAIS]

The State Council has also decided that the Amendment is

applicable to the Macao Special Administrative Region of the People's
Republic of China. However, the Amendment does not apply tentatively to

the Hong Kong Special Administrative Region of the People's Republic of
China until further notice."
[TRANSLATION - TRADUCTION]

... Le Conseil d'Etat a 6galement d6cid6 que cet amendement
s'appliquait i la Region administrative sp6ciale de Macao (R6publique
populaire de Chine). Toutefois, jusqu'd nouvel ordre, il ne s'appliquera
pas, en principe, d la R6gion administrative sp6ciale de Hong Kong.