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Verdrag inzake de oprichting van de Caraïbische Postunie, met Protocol inzake voorrechten en immuniteiten van de Caraïbische Postunie, Saint Lucia, 05-09-1997
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Inhoudsopgave
PART 1. Caribbean Postal Union. Convention and Protocol
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
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Geschiedenis

Geschiedenis-overzicht

Verdrag inzake de oprichting van de Caraïbische Postunie, met Protocol inzake voorrechten en immuniteiten van de Caraïbische Postunie, Saint Lucia, 05-09-1997

Verdrag inzake de oprichting van de Caraïbische Postunie, met Protocol inzake voorrechten en immuniteiten van de Caraïbische Postunie
(authentiek: en)
PREAMBLE
The undersigned plenipotentiaries of the Governments of the contracting parties:
a) considering the importance of domestic and international postal services for the development of human and commercial relations;
b) aware of the common problems facing the postal administrations of the Region;
c) wishing to promote the improvement and development of their postal services through extensive co-operation and consultation;
d) and having regard to Article 8 of the Constitution of the Universal Postal Union (UPU);
Have agreed as follows:
a) Archives of the Union means the records, correspondence, documents, manuscripts, photographs, slides, films, diskettes and sound recordings belonging to the Union.
b) Competent authorities means national or local authorities of the Member Countries as may be appropriate in the context of and in accordance with the laws of the Member Countries.
c) Conference means the body of postal operators that is established as mentioned under Article 8 of this Convention.
d) Caribbean Council of Ministers of Postal Affairs means the Ministers in charge of the Postal Affairs of Member Countries, as referred to in Article 7 of this Convention.
e) Management Board means the established group of seven representatives of the Member Countries as meant in Article 11 of this Convention.
f) Convention means the Convention establishing the Caribbean Postal Union as amended.
g) Secretary General means the holder of the Office established by Article 13 of this Convention.
h) Government means the Government of a Member Country.
i) Headquarters means the premises or location occupied by the Union referred to in Article 16 of this Convention.
j) Official of the Union means the Secretary General and staff of the Union.
k) Property means all forms of property, including funds and assets belonging to or held administered by the Union and in general all income accruing to the Union.
l) Secretariat means the CPU Secretariat referred to in Article 14 of this Convention.
m) Union means the Caribbean Postal Union.
n) Caribbean Countries and territories means the countries and territories that form part of the Wider Caribbean.
o) Postmaster General means the chief executive officer in charge of the organization providing the postal services.
1.
The contracting parties hereby re-affirm the establishment of the Caribbean Postal Union.
2.
The purpose of the CPU shall be to:
a) Improve the response to customers’ requirements for postal facilities of all kinds;
b) Facilitate the improvement and security of postal services;
c) Co-ordinate postal training arrangements and postal operational services, and
d) Promote international postal co-operation in the spirit and observance of the Acts of the Universal Postal Union;
e) Engage in other activities approved by the Conference aimed at the development of postal administrations and the sustainability of the CPU.
3.
The Union is to be considered a Restricted Union of the Universal Postal Union as provided for in Article 8 of the Constitution of the Universal Postal Union.
1.
The Union shall have full legal capacity.
2.
Each member shall in its territory accord to the Union the most extensive legal capacity accorded to legal persons under its municipal laws. In any legal proceedings the Secretary General of the Union shall represent the Union.
1.
Membership of the Union shall be open to all the founding countries and territories of the Union as well as all Caribbean countries and territories.
2.
Each of these countries or territories may announce its accession to this Convention at any time by notifying the Secretary General of the Union. They shall sign and ratify the Convention at the earliest opportunity thereafter.
3.
Any other country may become a party to the Union by application in accordance with paragraph 4 of this Article, subject however to such terms and conditions as the Conference may determine.
4.
Applications for admission to membership of the Union shall be sent to the Secretary General of the Union, accompanied by a formal declaration of intention to accept the obligations of this Convention.
5.
The Secretary General of the Union shall consult all members as soon as possible on applications for admission that he has received. A country shall be admitted to membership of the Union if its application for admission has been approved by two-thirds of the members of the Union. The admission shall then be notified to the members of the Union by the Secretariat of the Union and shall take effect on a date agreed between the new member and the Secretary General.
1.
The Union shall invite the Universal Postal Union to attend its meetings as an observer.
2.
Other Restricted Postal Unions, postal administrations not members of the Union and any regional or international body, country or territory, or any other organization whose activities are of interest to the Union, may be invited to attend the Union’s meetings as observers by decision of the Chairman of the meeting concerned.
3.
Observers shall not be entitled to vote at meetings of the Union.
Article 6 [Wordt voorlopig toegepast per 01-01-2007]
The Union’s permanent bodies shall be the Caribbean Council of Ministers of Postal Affairs, the Conference and the Management Board.
1.
The Caribbean Council of Ministers of Postal Affairs is responsible for the development of long-term strategies and policies concerning postal matters and the future of the postal industry within the Caribbean region, and delegates implementation of these strategies and policies to the Conference.
2.
The members of this Council are the ministers in charge of postal affairs of the member countries of the CPU, or their representatives, and must be duly authorized and sufficiently empowered to negotiate on behalf of and to commit their respective countries in accordance with their constitutional procedures.
3.
The members of the Caribbean Council of Ministers of Postal Affairs shall ensure that sufficient resource is available in order for the policies of their respective countries to be embodied in the CPU and shall undertake to facilitate the implementation of the CPU processes and decisions in their countries.
4.
The Secretary General shall also serve as the secretary to this Council.
5.
This Council shall in principal meet every year.
1.
The Conference shall ensure the continuity of the Union and carry out the functions indicated in Article 9.
2.
The Conference shall consist of the Postmasters General of the member countries or territories, or their representatives, who must be duly authorized to negotiate on behalf of and to commit their respective countries in accordance with their constitutional procedures
3.
The Conference shall fix the dates of its meetings in relation to the meetings of the Universal Postal Union. The Conference shall normally meet once a year during the period of May to June. In addition, the Conference may meet in extra-ordinary sessions at the request of two-thirds of the members of the Union.
1.
The functions of the Conference shall be:
a) to implement the strategies and policies as adopted by the Caribbean Council of Ministers of Postal Affairs;
b) to formulate, advise on and prepare policies to be set out by the Caribbean Council of Ministers of Postal Affairs;
c) to elect the Secretary General and fix the level of his or her remuneration;
d) to elect the members of the Management Board;
e) to set priorities, receive reports and identify issues to the Management Board as set forth under this paragraph;
f) to adopt amendments to this Convention;
g) to adopt and amend special agreements concerning the establishment and operation of postal services and the provision of services to the public;
h) to formulate general policy with regard to postal services, legislation and technical co-operation;
i) to fix the number of permanent employees in the Secretariat;
j) to fix the ceiling of the Union’s expenditure and the principles governing that expenditure;
k) to determine all matters of general interest submitted to it by members of the Union in accordance with Article 21 of this Convention;
l) to enter into agreements on behalf of the Union;
m) to appoint an auditor on the recommendation of the Management Board;
n) to approve the budget of the Union.
2.
The Conference may assign tasks to the Management Board.
1.
The decisions of the Conference shall apply to all members. Members which are unable to adopt a decision of the Conference must immediately inform the Secretary General of the fact and state the reasons therefore.
2.
Each member shall have one vote in the Conference.
3.
Any member may be represented by another member at meetings of the Conference, provided that a member shall not represent more than one member in addition to itself.
4.
The Conference shall designate the country in which its next meeting shall be held.
5.
The Conference may regulate its own procedure.
1.
The Management Board, comprising the representatives of seven Member Countries, shall be established to ensure the continuity of the Union’s work and administration of the Union’s affairs during the period between the meetings of the Conference.
2.
The Management Board shall be elected by the Conference and shall hold office for a period of two years.
3.
The Management Board shall meet at least twice a year.
4.
The Management Board may convene extra-ordinary meetings, or a session of the Management Board may be cancelled if two-thirds of its members so decide.
5.
The Management Board shall elect its Chairman from among its members.
1.
The functions of the Management Board shall be as follows:
a) to perform tasks assigned to it by the Conference;
b) to submit for approval to the Conference the annual action plan activities of the Union;
c) to prepare the meetings of the Caribbean Council of Ministers of Postal Affairs and the Conference, in liaison with the host country and the Secretary General;
d) to take the necessary executive measures for the implementation of certain decisions of principle taken by the Conference;
e) to take, subject to directives given by the Conference, appropriate measures for ensuring efficiency;
f) to work with appropriate organizations and bodies in promoting technical co-operation and especially in implementing regional projects;
g) to review the draft budget of the Union, to make recommendations to the Conference, and to monitor the budget performance throughout the year;
h) to determine the salaries to be paid to the employees of the Secretariat;
i) to create temporary posts in the Secretariat and recommend permanent posts in the Secretariat to the next meeting of the Conference;
j) to ensure the proper auditing of the Union’s accounts;
k) to establish at its discretion such committees and working groups and adopt such working methods as it considers necessary for the performance of its functions;
l) to create Task Forces to carry out specific tasks or projects;
m) to report to the Conference on the work of the Management Board.
1.
The Conference shall elect a Secretary General who shall serve in that capacity for a period of two years.
2.
The Secretary General shall:
a) assist, advise and serve as secretary to the Caribbean Council of Ministers of Postal Affairs, the Conference and the Management Board in the performance of their respective duties, including preparation of the minutes of the meetings;
b) propose and recommend actions, plans and initiatives to the Management Board;
c) represent the Union at meetings, conferences and negotiations as directed by the Management Board;
d) present the draft annual budget of the Union for submission to the Management Board;
e) be in charge of the day to day running of the Secretariat;
f) be in charge of the organizing of the meetings of the Management Board, together with the Chairman of the Management Board;
g) be in charge of organizing the meetings of the Conference, together with the Chairman of the Management Board and the host country;
h) be in charge of organizing the meetings of the Caribbean Council of Ministers of Postal Affairs together with the Chairman of the Management Board and the host country;
i) prepare and report to the Management Board on the progress of the Task Forces assigned;
j) be responsible for the effective management of the Secretariat.
3.
If the Management Board considers that the Secretary General is unable to perform his duties or is prevented from discharging due to absence or illness (“in absentia”) the Management Board may take the necessary actions to ensure the continuity of the work of the Secretary General.
1.
The Union’s Secretariat shall comprise a Secretary General and any other member of staff as the Conference and Management Board shall decide.
2.
In the performance of their duties, the employees of the Secretariat shall seek and receive instructions only from the Secretary General.
3.
The functions of the Secretariat shall be as follows:
a) to handle the day-to-day affairs of the Union;
b) to carry out assignments and missions entrusted to it by the Secretary General;
c) to prepare the draft budget of the Union for submission to the Management Board;
d) to undertake all other duties assigned to it by the Management Board.
1.
The Secretary General shall inform the Member Countries of the positions and titles of officials employed by the Union to whom this article shall apply. From time to time the names of the officials shall be communicated to the Member Countries.
2.
Officials employed by the Union shall enjoy immunity from legal process in respect of words spoken or written and all acts or omissions by them in the course of the performance of official duties. This immunity shall continue although the person concerned has ceased to be an official in the Union.
3.
Officials employed by the Union who are not citizens or permanent residents of the country in question shall enjoy:
a) immunity from national service obligations;
b) exemption for themselves, members of their families and dependents forming part of their household from immigration restrictions and alien registration;
c) the same facilities in respect of currency and exchange restrictions as are accorded to members of diplomatic missions of comparable rank.
1.
The Union shall periodically review the location of its headquarters. The headquarters premises and buildings shall be inviolable and shall be exempt from search, requisition, confiscation or expropriation.
2.
The property and assets of the Union shall not be the subject of any administrative or legal measure of constraint without the authorization of the Secretary General together with the Management Board.
3.
The archives of the Union shall be inviolable.
1.
The Union, its assets, revenues and other properties shall be exempt from all forms of direct taxes.
2.
The Union shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use. Articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
3.
The Union shall not be subject to any financial controls, regulations or moratoria and shall be entitled:
a) to purchase from authorized dealers, hold and make use of negotiable currencies;
b) to operate foreign currency and external accounts;
c) to purchase, through authorized dealers, hold and make use of funds and securities;
d) to transfer its funds, securities and foreign currencies to or from the Member Countries and to convert any currency held by it into any other currency.
1.
The competent authorities shall facilitate the Secretary General’s request for public services designed to ensure that the headquarters of the Union shall be supplied with the necessary public services, including electricity, water, post, telephone, telegraph, transportation and fire protection.
2.
In case of any interruption or threatened interruption of any such services, the competent authorities, considering the importance of the needs of Headquarters premises, shall take steps to ensure that the work of the union is not prejudiced.
3.
The competent authorities shall exercise reasonable care to ensure that the tranquility of the Headquarters is not disturbed by the unauthorized entry of any person or group of persons upon the premises.
1.
English, French and Spanish shall be the official languages of the Union.
2.
A member whose language is not English or French nor Spanish may provide for translation and interpretation at its own expense.
3.
The working language within the Secretariat shall be English.
1.
Within the Member Countries the Union shall enjoy, in respect of its official communications, treatment no less favorable than that accorded by Member Countries to diplomatic missions and other international organizations.
2.
All official correspondence or other official communication of the Union shall be immune from censorship. Such immunity from censorship shall extend to printed matter, photographs, slides, films, and sound recordings, this list being subject to amplification.
3.
The Union shall have the right to dispatch and receive correspondence whether by courier or in sealed bags which shall have the same immunities and privileges as diplomatic couriers and bags.
1.
Members of the Union may submit proposals to the Conference for amendments of this Convention or the Regulations. Proposals must be submitted at least six weeks prior to the Conference. The Secretariat shall produce and distribute the proposals to members at least four weeks before the Conference.
2.
Members of the Union may submit proposals of a general nature to the Conference or the Management Board. Proposals must be submitted at least six weeks prior to the meeting at which they are to be discussed. The Secretariat shall produce and distribute the proposals to members at least four weeks before such meeting.
3.
A member may submit at short notice to the Conference or to the Management Board a proposal regarded as urgent provided that it has the support of three other members of the union.
4.
Any such proposal and all other correspondence concerning matters of the Union must be addressed via the Secretariat.
1.
Meetings of the Conference and the Management Board may deliberate validly only if at least one half of the members are represented at the session in question.
2.
Amendments to this Convention must be approved by a two-thirds majority of the members of the Union.
3.
Other decisions shall be taken by a majority of the members of the Union present and voting at the meeting.
4.
The decisions of the Conference and the Management Board shall be published by the Secretariat in accordance with their instructions given to the Secretary General.
IN WITNESS WHEREOF the Plenipotentiaries of the Governments of Contracting Parties have signed this Convention in a single original which shall be deposited with the Secretary General of the Caribbean Postal Union. A copy thereof shall be delivered to each party by the Secretary General.