Guidelines on import-export and exploitation of satellite and radio communication equipment by diplomatic missions, consulates and representations of international organizations functioning in the territory of the Republic of Azerbaijan
1. General provisions
These guidelines are prepared in accordance with the article 27 of “Vienna Convention on Diplomatic Relations” of April 18, 1961; the article 35 of “Vienna Convention on Consular Relations” of April 24, 1963; decisions № 228 and 224 of the Milli Mejlis (Parliament) of the Republic of Azerbaijan of 21 July 1992 “On Accession to the Vienna Convention on Diplomatic Relations” and “On Accession to the Vienna Convention on Consular Relations”; decree № 292 of the President of the Republic of Azerbaijan of 12 September 2005 and decision №22 of the Cabinet of Ministers of the Republic of Azerbaijan of February 1, 2007.
These guidelines regulate import-export of satellites and other radio communication equipment, permit for their use, grant of radiofrequencies for their use and oversight over their use operated by diplomatic missions, consulates and representations of international organizations (hereinafter referred to as diplomatic missions).
According to the legislation of the Republic of Azerbaijan, radiofrequencies for the radio communication equipment in the territory of the Republic is granted under the request of the Ministry of Foreign Affairs of the Republic of Azerbaijan (hereinafter - MFA) by the State Commission on Radiofrequencies (hereinafter - SCR) of the Republic of Azerbaijan; import-export of radio communication equipment and permit for their use by Ministry of Communication and Information Technologies (hereinafter - MCIT) of the Republic of Azerbaijan; registration, documentation and oversight over their use by MCIT’s State Radiofrequencies Department (hereinafter - SRD) provided via MFA according the reciprocity principle.
2. Import-export of and permit for the use of satellites and other radio communication equipment by diplomatic missions functioning in the territory of the Republic of Azerbaijan
Diplomatic missions shall submit 21 (twenty one) working days in advance a respective note verbale to the State Protocol Department of MFA for obtaining permit for use of satellites and other radio communication equipment, their import into and export from the territory of the Republic of Azerbaijan.
The note verbale should include detailed information on a type of radio communication equipment, its technical characteristics, model, number of frequency channels, purpose, date of import into or export from the country, vehicle of transportation, customs post of destination and etc.
Import-export of satellite and radio communication equipment and their use can only be realized with a permit of MCIT and written consent provided to a diplomatic mission by MFA.
3. Granting radio frequencies, registration and exploitation of satellite and other radio communication equipment operated or planned to be operated by diplomatic missions
To operate satellites and other radio communication equipment, a diplomatic mission shall submit 15 (fifteen) working days in advance a respective note verbale to the State Protocol Department of MFA with a view to obtain frequency nominals, registration and permit for operating. The note verbale shall contain information on purpose of network, type of radio communication equipment, model, number of frequency channels, width of frequency bands, technical characteristics of technology and equipment to be operated, etc. as well as a questionnaire (Appendix 1 or Appendix 2)attached to the Guidelines shall be filled in and enclosed to the note.
Radiofrequencies to operate radio communication equipment is provided by SCR, whereas registration of and obtaining permit for frequencies use and granting actual frequency channels is provided on the basis of a contract by MCIT’s SRD with a diplomatic mission. If actual radio frequency channels are engaged, other radiofrequency channels can be proposed as a substitute.
MCIT’s SRD officially sends to MFA a contract, information on use of actual radiofrequency channels (indicating city, district or a concrete territory) and on payments. After diplomatic missions make payments according to the existing tariffs (Appendix 3), MCIT’s SRD formalises in a form of certificate (Appendix 4 or Appendix 5) operation of radiofrequency and radio communication equipment and submits it to MFA. Certificates are officially taken by diplomatic missions from MFA. Certificates are issued for the duration of 1 (one) year and effective only in time of peace.
Diplomatic missions should organize network in accordance with permit given to them and terms of contract signed with SRD. In case when diplomatic missions do not obtain permit for use of radio frequencies and do not make payments for use radio frequencies, exploitation of those radio communication equipment and use of frequencies can be severed and radio frequencies can be granted to other users.