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2019. évi XLII. törvény a Magyarország Kormánya és a Nemzetközi Távközlési Egyesület között, a Nemzetközi Távközlési Egyesület ITU Telecom World 2019 rendezvényének lebonyolításáról, szervezéséről és finanszírozásáról szóló, a fogadó országgal kötött Megállapodás kihirdetéséről - Hatályos Jogszabályok Gyűjteménye
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2019. évi XLII. törvény
a Magyarország Kormánya és a Nemzetközi Távközlési Egyesület között, a Nemzetközi Távközlési Egyesület ITU Telecom World 2019 rendezvényének lebonyolításáról, szervezéséről és finanszírozásáról szóló, a fogadó országgal kötött Megállapodás kihirdetéséről *
1. § Az Országgyűlés e törvénnyel felhatalmazást ad a Magyarország Kormánya és a Nemzetközi Távközlési Egyesület között, a Nemzetközi Távközlési Egyesület ITU Telecom World 2019 rendezvényének lebonyolításáról, szervezéséről és finanszírozásáról szóló, a fogadó országgal kötött Megállapodás (a továbbiakban: Megállapodás) kötelező hatályának elismerésére.
2. § Az Országgyűlés a Megállapodást e törvénnyel kihirdeti.
3. § A Megállapodás angol nyelvű hiteles szövege és annak hivatalos magyar nyelvű fordítása a következő:
„HOST COUNTRY AGREEMENT BETWEEN THE GOVERNMENT OF HUNGARY AND THE INTERNATIONAL TELECOMMUNICATION UNION RELATING TO THE HOLDING, ORGANIZATION AND FINANCING OF ITU TELECOM WORLD 2019 OF THE INTERNATIONAL TELECOMMUNICATION UNION
Budapest, 9 – 12 September 2019
PREAMBLE
A. WHEREAS by virtue of Resolution 11 (Rev. Dubai, 2018), the International Telecommunication Union (hereinafter referred to as „ITU” or the „Union”) should, in collaboration with its Member States and Sector Members, organize telecommunication/information and communication technology (ICT) events (hereinafter referred to as the „ITU Telecom Events”) on a predictable and regular basis, taking due account of the need to ensure the financial viability of such events, as well as their neutral impact on the ITU budget on the basis of the existing cost-allocation as determined by the ITU Council;
B. WHEREAS ITU TELECOM Events are of considerable importance in keeping the membership of the Union and the wider telecommunication/ICT community informed of the latest advances in all fields of telecommunications/ICT and the possibilities of applying these achievements for the benefit of all Member States and Sector Members, particularly the developing countries;
C. WHEREAS the organization of ITU Telecom Events provides a number of direct and indirect economic and social benefits to host countries;
D. WHEREAS all expenses of ITU Telecom Events shall be recovered through the generation of positive revenues and financial commitments of the host country;
E. WHEREAS by virtue of Resolution 11 (Rev. Dubai, 2018), the determination of the venue for ITU Telecom Events shall be based on a transparent bidding process, which shall consider as selection criteria, among others: financial commitments by the host country with a view to ensuring surplus income of ITU Telecom Events, the principle of geographical rotation, and accessibility and affordability for exhibitors and participants, with a view to ensuring ample and facilitated participation;
F. WHEREAS ITU has decided to hold an ITU Telecom Event from 9 to 12 September 2019 (hereinafter referred to as the „Event”) and has issued a call for bids for hosting the Event;
G. WHEREAS ITU has a governance structure for the design and implementation of ITU Telecom Events;
H. WHEREAS the Government of Hungary (hereinafter referred to as the „Government”) submitted a successful bid to host the Event pursuant to the terms and conditions contained in this Host Country Agreement together with its Annex 1 (hereinafter collectively referred to as this „Agreement”);
I. RECALLING Resolution 1004 and Decision 304 of the ITU Council relating to „the privileges, immunities and facilities related to activities of the Union” and to „the participation of the delegations of members of the Union in forums and meetings of the Union,” respectively.
NOW, THEREFORE, the Government, represented by the Minister of Foreign Affairs and Trade, and ITU, represented by the Secretary-General, (hereinafter referred to collectively as the „Parties” and individually as a „Party”) hereby agree as follows:
ARTICLE 1
Title of the Event and Definitions
1.1 The Event shall be organized under the title „ITU Telecom World 2019”.
1.2 For purposes of this Agreement, the term „ITU Official” shall be understood to mean any elected official of ITU taking part in the Event, any ITU official or staff member assigned to the Event, or any official specifically recruited for the Event by ITU.
1.3 For purposes of this Agreement, the term „Event Participant” shall be understood to mean any exhibitor, sponsor, moderator, facilitator, speaker, representative of Member State, representative of Sector Member and expert as well as any person invited to attend the Event by the ITU Secretary-General; provided that all the above have duly registered to attend the Event.
1.4 For purposes of this Agreement, the term „representative of Sector Member” shall be understood to mean any person sent to the Event by an ITU Sector Member, Associate or Academia.
1.5 For purposes of this Agreement, the term „Host Country” shall mean Hungary.
1.6 For purposes of this Agreement, the term „Host Country Supporter” shall mean any third party which the Parties mutually agree in writing: (i) shall be engaged by the Host Country for the purpose of sponsoring or assisting (whether financially or otherwise) the Government in the performance of any of its duties or obligations under this Agreement, including the Host Country Obligations set forth in Annex 1 hereto; and (ii) in exchange for such sponsorship or assistance, shall receive certain in-kind visibility, speaking opportunities or recognition at the Event, of such specific types and upon such terms and conditions as the Parties shall mutually agree in writing prior to such Host Country Supporter’s engagement.
ARTICLE 2
Venue and dates of the Event
2.1 The Event shall be held at HUNGEXPO Budapest Fair Center (hereinafter referred to as the „Venue”) in Budapest, Hungary.
2.2 The Government shall procure for and provide to ITU, free of charge and at no cost or expense to ITU, at a minimum the areas, spaces, rooms, offices, premises and other facilities within the Venue which are set forth in Annex 1 to this Agreement, for occupancy and use by ITU in connection with the Event. The technical details, specifications and service levels for the provision of the above mentioned areas, spaces, rooms, offices, premises as well as any other facilities necessary for the organization and holding of the Event shall be the subject of a separate agreement to be concluded between ITU and the competent authorities of the Government (hereinafter, the „Implementation Agreement”) pursuant to Article 9 of this Agreement.
2.3 The Event shall be held from 9 to 12 September 2019. It will include three main phases: the build-up, the holding of the Event, and the dismantling of the Event.
2.4 Specific conditions related to the precise dates during which the premises, facilities, services and local staff to be provided by the Government in connection with the Event must be made available to ITU and fully operational, are specified in Annex 1 to this Agreement and the Implementation Agreement.
ARTICLE 3
Organization of the Event
3.1 Invitations to take part in the Event shall be sent by the ITU Secretary-General.
3.2 ITU shall have the exclusive and sole responsibility for organizing and holding the Event, except for those specific and express functions to be carried out by the Government, as detailed in this Agreement and the Implementation Agreement. Without limiting the generality of the foregoing, ITU shall, in particular, be solely responsible for:
3.2.1 identifying and appointing any and all sponsors and contractors of ITU in connection with the Event, other than the Host Country Supporters and contractors specifically agreed in writing between the Parties to be engaged by the Government for the purposes of carrying out the functions and responsibilities of the Host Country set out in this Agreement;
3.2.2 identifying, negotiating and entering into all contractor and sponsorship agreements related to all aspects of the Event, provided that the Government shall negotiate and sign its own agreements with its contractors and Host Country Supporters;
3.2.3 determining the scope of and granting benefits, recognition or visibility to any third parties in connection with the Event;
3.2.4 preparing and approving the General Regulations which shall govern the Event;
3.2.5 allocating space in the areas of the Venue allocated to ITU for the Event;
3.2.6 establishing all prices and fees for the Event and all products or services provided by ITU or its service providers and ensuring, as appropriate, preferential prices for small and medium enterprises from the Host Country;
3.2.7 organizing all official social events, forums, programmes and excursions to be held in connection with the Event; provided that the event(s) described in Section 2.6 of Annex 1 hereto shall be organized by the Government (not by ITU);
3.2.8 facilitating networking activities and preparing the Forum Programme, including any other Special Sessions of the Forum as may be determined by ITU;
3.2.9 approving the production, promotion and sales of any and all materials in connection with the Event including, but not limited to, advertising, billboards, radio, television, online and other electronic media, newspapers and other publications, and visibility to ITU sponsors and Host Country Supporters, in collaboration, as appropriate, with competent bodies designated by the Government;
3.2.10 establishing ITU’s budget for the Event; and
3.2.11 billing and collecting all payments arising exclusively in the context of ITU’s contractual agreements.
3.3 ITU shall retain the exclusive ownership of and rights to manage and distribute the data and other information created during and for the Event.
3.4 All official relations with the media (radio and television, electronic media, newspapers and other publications, etc.) with regard to the preparation, conduct and follow-up of the Event, as well as all official communication activities undertaken for the Event, shall be the responsibility of the ITU Secretary-General or his designated representative, in cooperation with the competent authorities designated by the Government.
3.5 The ITU Secretary-General or his designated representative shall exercise the responsibility described in Section 3.4 above in accordance with the general practice followed for other conferences, assemblies and meetings of ITU. In particular, accreditation of representatives of media shall be ITU’s sole responsibility.
3.6 In its relations with the media, the Government agrees not to interfere in matters relating to substantive issues, including the structure or content of the Event, which are the sole responsibility of ITU.
ARTICLE 4
Host Country Obligations
4.1 Host Country Obligations applicable to the Government, in addition to those included in this Agreement, are specified in Annex 1 to this Agreement. The technical details, specifications and service levels for the performance of certain Host Country Obligations shall be the subject of the Implementation Agreement, which shall be concluded between the representatives of the Parties, pursuant to Article 9 of this Agreement.
4.2 The Government agrees to perform all of its Host Country Obligations as and when required under the terms of this Agreement and the Implementation Agreement; including the requirements in terms of Venue infrastructure, taking into account the needs of persons with disabilities and persons with specific needs, including accessible facilities, arrangements for webcasting facilities and captioning (including transcripts of the captioning).
4.3 The Government shall defray all costs and expenses arising from, relating to or in connection with the performance of its Host Country Obligations, and ITU shall have no liability or obligation in connection therewith.
ARTICLE 5
Income
5.1 Any surplus income derived from the organization and holding of the Event shall belong entirely to ITU.
ARTICLE 6
Other events
6.1 The Government agrees neither to sponsor nor to hold, nor to allow or facilitate any third party to organize or hold any other national, regional or international ICT/telecommunications-related commercial event, exhibition or forum in Hungary, within the period commencing three (3) months prior to the start date of the Event and terminating three (3) months after the completion date of the Event.
ARTICLE 7
Privileges, immunities and facilities
7.1 In light of the provisions of existing relevant regulations and in compliance with Decision 304 of the ITU Council, confirmed by the latter’s Resolution 1004, the Government shall apply, without reservation, the provisions of the Constitution and the Convention of ITU and, in its capacity as host Government of the Event, shall authorize all Event Participants and all ITU Officials, as well as members of their families, to enter, remain in, and exit Hungary without any impediments, throughout the duration of their functions, mission(s) or stay(s) in connection with the Event. Prior to the opening of the Event, ITU will provide the Government with the names and details of arrivals for ITU Officials as well as, when appropriate, the names of those VVIP and VIP delegates attending the Event.
7.2 Unless otherwise specified in this Agreement, the Parties hereto agree that the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies (hereinafter the „1947 Convention”), approved by the General Assembly of the United Nations on 21 November 1947 and to which Hungary is a Party since 2 August 1967, shall apply without reservation in respect of the Event, of ITU Officials and their respective accompanying spouses and minor children, of ITU and its properties, assets and funds, of representatives of ITU Member States, and of representatives of the United Nations and its Specialized Agencies, in the framework of this agreement and its implementation.
7.3 The Government shall ensure that all Event Participants invited by ITU to the Event, as well as persons performing functions for, or at the request of, ITU for the Event, including those referred to in Annex 1 hereto, shall enjoy immunity from legal process in respect of words spoken or written and any acts performed by them in connection with their participation in the Event.
7.4 ITU and the Government shall cooperate at all times to facilitate the proper administration of justice, to secure respect for the laws and regulations of Hungary and to prevent any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.
ARTICLE 8
Cancellation, postponement or change of venue of the Event/ Force Majeure
8.1 ITU shall have the right, to cancel or postpone the Event, or change the Venue, upon providing the Government no less than three (3) months prior written notice thereof. In the event of the cancellation, interruption, postponement or change of the Event or the Venue as a result of a decision by ITU, ITU shall have the right to terminate this Agreement within five (5) calendar days following receipt by the Government of the notification of termination. In case of any such termination, ITU’s liability, whether financial or otherwise, shall be confined solely to the expenditure incurred directly by the Government in respect of items needed for the organization and preparation of the Event up to the date of termination only, to the extent that such expenses no longer serve any useful purpose and provided they were justified and cannot be cancelled or reduced. If such termination is the result of force majeure, or occurs by mutual agreement between the Parties, each Party shall bear its own costs.
8.2 If, prior to or during the Event, the Government is no longer in a position to host the Event or permit it to take place on the dates scheduled, or requests that the Venue be changed, the Government’s responsibility to ITU shall be limited to the expenses deriving from that decision, in particular =all expenses already committed or paid by ITU in respect of items needed for the Event, to the extent that such expenses no longer serve any useful purpose and provided that they were justified and cannot be cancelled or reduced. Any expenditure which may be incurred by ITU for the rental of premises other than those specified in Article 2 of this Agreement for the holding of the Event shall likewise by defrayed by the Government. In addition, the Government shall be responsible for dealing with any action, claim or demand arising out of the Government’s decision to cancel, postpone or change the Event or the Venue and shall indemnify and hold harmless ITU and its officials in respect of any such action, claim or demand. Notwithstanding the above, any Government request to cancel the Event or to change the dates of the Event or the Venue under this Article 8.2 shall be subject to approval by ITU.
8.3 Notwithstanding Article 8.1 above, ITU reserves it right to cancel this Agreement, after prior consultation with the Government, should ITU decide that participation in the Event will be adversely affected by public travel restrictions to the Host Country. In this case, if the Agreement is cancelled, each Party shall be responsible for its own costs.
8.4 Force majeure under this Agreement shall mean acts of God, industrial disturbances, acts of public enemy, war (whether declared or not), invasion, insurrection, public riot, civil disturbances, fire, flood, earthquake, explosions or any other act, event or occurrence of a similar nature or force which is beyond the control of either Party and which neither Party, exercising due care, is able to overcome.
8.5 As soon as possible upon occurrence of any act constituting force majeure, either of the Parties shall give written notice and full particulars thereof to the other Party, if the occurrence of the force majeure risks rendering the proper performance of this Agreement, wholly or in part, impossible. In that event, both Parties shall, within five (5) calendar days after receipt of such written notification by either of the Parties, enter into negotiations, in order to assess mutually the force majeure and its impact on the proper performance of the Agreement and to agree mutually on any necessary period or suspension of services to be performed hereunder, on any extension of the duration of this Agreement needed to complete its performance or, if necessary, to agree on the termination of this Agreement and the settlement of the related financial issues.
8.6 The settlement agreed on by both Parties during these negotiations, which shall be terminated no later than five (5) working days after their commencement unless otherwise agreed upon in writing by the Parties, shall be recorded in a written agreement between the Parties which shall be annexed hereto, and shall form an integral part of this Agreement.
8.7 If the Parties are unable to agree on the adjustments to be made as a consequence or an act of force majeure, this Agreement shall be terminated at the end of the above-designated period of negotiations, and the dispute shall be settled in accordance with the provisions of Article 12 below.
ARTICLE 9
Implementation of this Agreement
9.1 Arrangements for the implementation of this Agreement shall be agreed upon in writing between the ITU Secretary-General or his designated representative and the competent authorities of the Government or the liaison officer designated by them.
ARTICLE 10
Assignment; Binding Effect
10.1 Except as otherwise expressly set forth in this Agreement, neither of the Parties shall assign, transfer, pledge or make any other disposition of this Agreement, or any portion thereof, without the prior written consent of the other Party.
10.2 This Agreement shall be binding upon the Parties and their respective successors and permitted assignees.
ARTICLE 11
Contractual relationship
11.1 The Government, where necessary, shall have the right to engage subcontractors or Host Country Supporters to assist it in the performance of its duties and obligations contained in this Agreement. Notwithstanding the engagement of any subcontractor or Host Country Supporter: (i) the Government shall remain responsible under this Agreement for the proper performance of its duties and obligations to be carried out by its subcontractors or Host Country Supporters, and (ii) ITU shall have no obligation or liability to any subcontractor or Host Country Supporter, and no subcontractors or Host Country Supporter shall have any rights or remedies against ITU, whether under this Agreement or otherwise.
11.2 Nothing in this Agreement shall be considered as creating any contractual relationship between ITU and any subcontractors or agents of the Government, or any contractual relationship between the Government and any subcontractors or agents of ITU.
11.3 The Government shall not charge ITU any commission on the goods and/or services which ITU may obtain from contractors, sponsors, supporters or other agents in the context of this Event.
ARTICLE 12
Settlement of disputes
12.1 Any dispute that involves a question governed by the 1947 Convention shall be dealt with in accordance with Section 32 of the 1947 Convention.
12.2 Subject to Section 12.1 above, any dispute between the Parties arising out of or in connection with this Agreement which cannot be settled amicably by negotiation between the Parties or by any other mutually agreed means within six (6) months of the date of notification of the dispute, shall be referred to a committee of three (3) arbitrators (hereinafter referred to as the „Committee”). One of the arbitrators shall be appointed by the ITU Secretary-General, and another by the Government. The two arbitrators thus appointed shall in turn appoint a third arbitrator to be chairman of the Committee. Should either Party fail to appoint its arbitrator within one (1) month after notification by the other Party of the name of its arbitrator, or should the two arbitrators so appointed fail to appoint a chairman within two (2) months of the second arbitrator being appointed, the arbitrator not yet appointed (or the chairman, as applicable) shall be appointed by the President of the International Court of Justice.
12.3 The language of arbitration shall be English and the place of arbitration shall be Geneva.
12.4 Unless otherwise stipulated by the Parties in writing, the Parties agree that the Committee shall be free to decide on the procedures to be followed and to allocate the costs relating to the arbitration between the Parties.
12.5 The Parties to this Agreement agree that the Board’s decision shall be final and binding upon them, and that no appeal of the decision may be brought before any national court or tribunal.
ARTICLE 13
Liability
13.1 The Government shall be responsible for dealing with any action, claim or other demand brought against ITU or its officials arising out of the Event, including:
a) any injury or death to persons or damage to or loss of property on the premises referred to in Article 2 above that are provided by or placed under the control of the Government, other than damage for which ITU is responsible due to ITU officials’ gross negligence or wilful misconduct;
b) any injury or death to persons or damage to or loss of property caused by, or incurred in using, the transport services referred to in Annex 1 to this Agreement;
c) any breach, default or non-compliance by the Government of any of its duties or obligations under this Agreement and its Annex 1;
d) any gross negligence or wilful misconduct by the Government or any of its officials; and
e) the employment for the Event of staff provided by the Government under this Agreement, including any actions or claims of any kind whatsoever brought by such staff.
13.2 The Government shall indemnify, defend and hold harmless ITU and its officials in respect of any such action, claim, proceeding or other demand.
13.3 The Government shall not, as a result of ITU activities in the Host Country, assume any international responsibility for any act or omission by ITU or by its staff.
ARTICLE 14
Notices
14.1 Any notice to be given by one of the Parties to the other Party in connection with this Agreement shall be in writing and shall be deemed sufficient when sent by prepaid, registered or certified first class air mail (with acknowledgement of receipt) or by fax to the other Party at the following address:
14.1.1 If to the ITU, to:
International Telecommunication Union
c/o Mr. Houlin Zhao, Secretary-General
Place des Nations
CH–1211 Geneva 20,
Switzerland
Fax: +41 22 730 6444
14.1.2 If to the Government, to:
The Government of Hungary
c/o H.E. Mr. Péter Szijjártó, Minister
Ministry of Foreign Affairs and Trade
Bem rakpart 47.
1027 Budapest
Hungary
Fax: +36 1 375 3766
14.2 Any such notice or information shall become effective on the date of its receipt by the Party to which it is addressed, as follows:
14.2.1 on the seventh (7th) business day following the mailing thereof, if sent by registered mail; and
14.2.2 on the next business day following the transmittal thereof, if sent by fax.
ARTICLE 15
Use of names, title, abbreviations, logos and flags
15.1 ITU shall retain all intellectual property rights to the name, abbreviation, logo and flag of ITU, which shall be used exclusively by ITU and shall not be used by the Government or by the Host Committee or their respective employees, subcontractors, partners, supporters or official suppliers, as applicable, without the prior written consent of the ITU Secretary-General or his representative duly authorized to act in the matter.
15.2 ITU shall retain the exclusive right to the use the title „ITU Telecom World” for events that it organizes.
15.3 ITU shall retain all intellectual property rights to the name, abbreviation, title and logo of the Event, which shall not be used by the Government or by the Host Committee or any of their respective employees, subcontractors, supporters, partners or official suppliers, as applicable, subject to paragraph 15.4 below, without the prior written consent of the ITU Secretary-General or his representative duly authorized to act in the matter.
15.4 The Government shall be authorized to use the name, abbreviation, title and logo of the Event in connection with the following needs; provided that such use does not alter in any way the name, abbreviation, title or logo of the Event or create the impression that a commercial business, product or service is, or has been, endorsed by ITU:
15.4.1 publicity material and/or publications relating to the Event which are intended to appear in the local, national and international media, in print or digital format (including Internet websites and microsites), and whose text has been approved in advance by ITU;
15.4.2 press conferences relating to the Event and such other activities as may be necessary in connection with the preparation and holding of the Event.
15.5 The Government shall keep ITU regularly informed concerning any use it makes of the name, abbreviation, title or logo of the Event in the context of paragraph 15.4. The Government may not be held responsible for the fraudulent use of the Event’s name, abbreviation, title or logo by any unauthorized third party.
15.6 Neither the Government, the Host Committee, nor any of their respective employees, subcontractors, partners, supporters or official suppliers, as applicable, shall use any other marks, branding, titles, themes, slogans, names, signage and logos in connection with the Event without the prior written consent of the ITU Secretary-General or his representative duly authorized to act in the matter.
ARTICLE 16
Modification and Termination of this Agreement; Order of Precedence
16.1 This Agreement, including its Annex 1, may not be modified or terminated, except by mutual written agreement signed between the Government and the ITU Secretary-General. Any modification shall be annexed to and considered an integral part of this Agreement.
16.2 In case of discrepancy between this Agreement and its Annex 1, the provisions of this Agreement shall prevail.
ARTICLE 17
Entry into force and duration of this Agreement
17.1 This Agreement shall enter into force upon the thirtieth (30th) day after the date of the notification by the Government of Hungary to the ITU that the internal procedure necessary for the entry into force of the Agreement has been duly completed.
17.2 The provisions of this Agreement shall remain applicable until the final settlement between the Parties, in accordance with the terms and conditions set forth herein, of all organizational, financial and other rights, obligations and matters relating to the Event.
IN WITNESS THEREOF, the undersigned, being duly authorized for that purpose, have signed this Agreement in two (2) original copies in the English language.
Place: Budapest
Date: „1” April, 2019
List of Annexes:
Annex 1: Host Country Obligations
ANNEX 1
HOST COUNTRY OBLIGATIONS
ARTICLE 1
Event Promotion
1.1 The Government shall fund, and work in close collaboration with ITU in the promotion of the Event in the following ways:
1.1.1 Reinforce the message and branding of the Event at both national and international levels, and create an integrated strategy towards potential Event participants.
1.1.2 Disseminate promotional materials and place on-line banners in the Host Country’s relevant governmental and ministerial websites to ensure easy access to information regarding the Event and participation details.
1.1.3 Provide ITU with print and digital branding and advertising spaces within the Venue, during the entire renal period. Such spaces shall be used as determined by ITU.
1.1.4 Provide print and digital billboard advertising of the Event in Budapest and around its main airports, during the period commencing as soon as possible following the execution of the Agreement and terminating at the conclusion of the Event, in accordance. The Government shall cover the cost of designing, producing, printing, displaying and dismantling all such advertising.
1.1.5 Market the Event in the Host Country and, internationally, through the Host Country’s national diplomatic representations worldwide (e.g., Embassies, Consulates, Missions) to promote wider participation at the Event and encourage the organization of National Pavilions.
1.1.6 Coordinate and host meetings and events across the world to promote the Event, and in particular encourage participation in the Forum, national pavilions and thematic pavilions.
1.1.7 Organize and coordinate, together with ITU, a joint presence to promote the Event at key ICT events across the world to be identified by mutual agreement of the Parties.
1.1.8 Support ITU on promotion, marketing and sale of the Event’s products and services worldwide; with a specific focus on Hungary and other European countries. The Government’s support shall include
(i) facilitating the participation of small and medium enterprises (SMEs) and start-up companies,
(ii) facilitating the organization of thematic pavilions on themes to be mutually agreed with ITU, and
(iii) securing the participation of national pavilions.
1.2 All promotional, branding and advertising materials produced and disseminated by the Government under this Article 1 shall be consistent with the overall visual identity and branding strategy of the Event, as determined by ITU.
1.3 The Government shall prepare and implement, at its cost, in full cooperation with ITU, a media plan to promote and advertise the Event across the world, including by means of national and international print and digital media campaigns. The Government shall provide to ITU a preliminary draft of the Government’s media plan for the Event. ITU shall review and comment on such draft, and the Parties shall mutually agree on a final version of the Government’s media plan for the Event. During the period commencing no later than six (6) months prior to the Event and terminating at the conclusion of the Event, the Government shall implement its media plan for the Event in accordance with the final version thereof.
1.4 The Government shall make a special effort to ensure that the Host Country is represented by its highest-level dignitaries. Confirmation will be needed that the Host Country’s national and presidential protocol service and safety and security organization will be involved as required in the coordination of the Event with ITU.
ARTICLE 2
Financial Arrangements
2.1 According to Resolution 11 (Rev. Busan, 2014), ITU Telecom Events shall be a self-financed activity and shall have no negative impact on the ITU budget on the basis of the existing cost-allocation system as determined by the ITU Council.
2.2 ITU shall issue and send to the Government a written invoice for each payment to be made by the Government to ITU under the Agreement (including this Annex 1). The Government shall make each payment under this Agreement in Swiss Francs (CHF), to the bank account specified by ITU in the relevant invoice(s), and in accordance with the applicable due date(s) set forth in the Agreement.
2.3 The Government shall arrange the following payments to ITU, in accordance with the schedule below:
2.3.1 a lump-sum of the amount of Two Million Seven Hundred Thousand Swiss Francs (CHF 2’700’000.00) to share ITU Telecom’s core expenses related to the preparation, planning and implementation of the Event and to contribute towards fellowship and youth programmes organized by ITU at its discretion.
2.3.2
Payment
Percentage (%)
Amountin Swiss Francs
Due Date
Payment
100%
2’700’000.00
no later than six (6) months prior to the start of the Event
Total Payment
2’700’000.00
2.4 In addition to the amounts specified in Section 2.3 above the Government shall defray any expenses directly or indirectly involved by reason of the Event being held in Hungary. Such expenses consist in particular, without prejudice to the provisions of the Agreement (including Article 7 below), of the following: (i) staff expenses and daily subsistence allowance of ITU Officials travelling to the Host Country in connection with the preparation and planning of the Event, pursuant to the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith (see also Sections 2.4.1, 2.4.2 and 2.4.4, below); (ii) travel and terminal expenses of ITU Officials travelling to the Host Country in connection with the preparation and planning of the Event, in accordance with the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith (see also Sections 2.4.3 and 2.4.4, below); (iii) cost of freight transport and insurance charges between ITU headquarters and the Venue of all equipment, materials and documents necessary for the proper functioning of the Event secretariat (see also Section 2.4.5, below). These expenses shall be recorded in special accounts kept by the General Secretariat of ITU, which shall manage the necessary funds in accordance with instructions communicated by ITU rules and regulations. The accounts shall be kept in Swiss Francs.
2.4.1 Accommodation Expenses: All expenses relating to accommodation at the Host Country of a total of eighty (80) ITU Officials during the Event (calculated in accordance with the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith, including regarding cost reimbursement) shall be paid for by the Government. The Government shall be responsible for directly booking, on behalf of ITU, all such accommodation as well as for directly settling all such accommodation expenses. The Parties agree that: (i) for ITU Elected Officials, such accommodation shall be at a five (5) star hotel located near the Venue that is mutually agreed in writing between the Parties, (ii) for all other ITU Officials (to be designated by ITU), such accommodation shall be at a four (4) star hotel located near the Venue that is mutually agreed in writing between the Parties, and (iii) for each ITU Official, such accommodation shall be for an estimated average of nine (9) room nights during the Event.
2.4.2 Daily Subsistence Allowance: Fifty percent (50%) of the rate of the applicable United Nations daily subsistence allowance (hereinafter „DSA”) of a total of eighty (80) ITU Officials travelling to the Host Country on Event missions, calculated in accordance with the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith. In accordance with such regulations, rules and service orders, given that the accommodation for ITU Officials in connection with the Event will be provided by the Government pursuant to Section 2.4.1 above, the rate of the DSA shall only be fifty percent (50%). Immediately upon receipt of the ITU invoice, and no later than three (3) months prior to the start of the Event, the Government shall pay ITU, in accordance with Section 2.2 above, a total amount equal to One Hundred and Twenty-Two Thousand Swiss Francs (CHF 122’000), representing the estimated fifty percent (50%) DSA for all eighty (80) ITU Officials. ITU Officials are entitled to 100% DSA should accommodation not be provided free of charge by the Government. In such case the ITU invoice to be sent to the Government shall reflect 100% DSA.
2.4.3 Travel and Terminal Expenses: All travel and terminal expenses for a total of eighty (80) ITU Officials travelling by air to and from the Host City for the Event (Event Missions) calculated in accordance with the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith (including with respect to the number of officials allowed to travel on the same flight, the air ticket class level when traveling for a certain number of hours, etc.). ITU will provide to the Government a list with arrival and departure date for each ITU Official. No later than three (3) months prior to the start of the Event, the Government shall pay ITU, in accordance with Section 2.2 above, a total amount equal to Sixty-Nine Thousand Swiss Francs (CHF 69’000), representing the estimated total cost of air tickets and fifty percent (50%) of the applicable terminal allowances for all eighty (80) ITU Officials. ITU Officials are entitled to 100% terminal allowance if transportation between the airport and the hotel in the Host Country is not provided free of charge by the Government. In such case the ITU invoice to be sent to the Government shall reflect 100% terminal allowance.
2.4.4 Preparation and Planning pre-Event Missions: All expenses of the types described in Sections 2.4.1 to 2.4.3 above in connection with up to twenty (20) pre-Event missions of ITU Officials to the Host Country in connection with the planning and preparation of the Event. Each such pre-Event mission shall be for an estimated average of five (5) room nights plus any applicable travel days calculated in accordance with the relevant provisions of the Staff Regulations and Staff Rules of ITU and the supplementary service orders issued in connection therewith. Within thirty (30) days following signature of the Agreement, the Government shall pay ITU, in accordance with Section 2.2 above, a total amount equal to Forty-Four Thousand Swiss Francs (CHF 44’000), representing 100% DSA, the estimated cost of air travel, and 50% of the applicable terminal allowances for all twenty (20) pre-Event missions. ITU Officials are entitled to 50% DSA should accommodation be provided free of charge by the Government, and 100% terminal allowance if transportation between the airport and the hotel is not provided free of charge by the Government. In such case the ITU invoice to be sent to the Government shall reflect the applicable percentages.
2.4.5 Freight Transport and Related Costs: The Government shall defray all expenses relating to the shipment, transportation (from ITU Headquarters or any other location in the world to the Venue, and vice-versa), insurance, customs clearance, storage and on-site freight services of all ITU equipment, materials, documents and other goods necessary in connection with the Event (collectively, „ITU Equipment”), having a maximum weight of four (4) tons for inbound and three (3) tons for outbound shipments. No later than three (3) months prior to the start of the Event, the Government shall pay ITU, in accordance with Section 2.2 above, a total amount equal to Thirty Five Thousand Swiss Francs (CHF 35’000), representing the estimated total cost of the above mentioned shipment, transportation, insurance, customs clearance, storage and on-site freight services of ITU Equipment.
2.4.6 Reconciliation of Expenses: Due to market fluctuations in transportation costs, air ticket rates and the applicable United Nations DSA rates, the actual total expenses of all pre-Event and Event missions, and freight transportation and insurance, shall be determined by ITU as soon as possible and no later than six (6) months after the completion of the Event. If the actual total expenses of all pre-Event and Event missions, and freight transportation and insurance, exceed their estimated total expenses, the difference shall be promptly paid by the Government to ITU. By contrast, if the estimated total expenses of all pre-Event and Event missions, and freight transportation and related costs, exceeds their actual total cost, the balance shall be promptly returned by ITU to the Government. For the avoidance of doubt, the lump sum and any other amounts paid to ITU by the Government under Section 2.3 shall not be counted towards the calculation of any such actual or estimated expenses.
2.5 The Government shall organize and host a National Pavilion of the Host Country at the Event showcasing national innovation and investment opportunities. For this purpose, ITU shall provide to the Government free of charge up to 500 m2 net of space at the Venue, with the location of such space to be determined by ITU.
2.6 The Government shall organize and defray all expenses related to the following events: (i) Opening Ceremony of the Event (for about 1,000 guests); (ii) Welcome Reception for the Event (for about 1000 guests); and (iii) Farewell Reception for the Event (for about 500 guests). The Government will also defray expenses relating to any other receptions or other events that it organizes in connection with the Event. All such receptions and events shall be organized by the Government in collaboration with ITU.
2.6.1 At least two (2) months prior to the start of the Event, the Government shall provide ITU with preliminary draft implementation and logistics plans for the events to be organized by the Government under this Section 2.6. ITU shall review and comment on such drafts, and the Parties shall mutually agree on final versions of the Government’s implementation and logistics plans for the aforementioned events.
2.6.2 The Parties agree that ITU shall establish the guest list, issue and distribute invitations, and approve all branding, speakers, materials and other information relating to the events referenced under this Section 2.6.
2.7 The Government shall facilitate and assist ITU in opening bank accounts in the Host Country in US dollars and in local currency, no later than five (5) months prior to the Event. The bank accounts shall be used for the purpose of ITU financial transactions relating to the Event.
ARTICLE 3
Protocol
3.1 The Government shall ensure that visiting dignitaries at the Event are received according to ITU-established protocol rules and procedures, and that the necessary safety and security is provided for them at the Event. The Government shall provide the necessary safety and security for, and extend the standard ITU-established protocol courtesies to, all visiting dignitaries at the Event.
3.2 The Government shall organize and provide, a Protocol Service to meet all Heads of States or Heads of Governments, Ministers and Ministerial-level guests arriving at the Event, and to accompany them to/from the airport and their hotels on their arrival, and departure in connection with the Event. The Government shall provide at least fifty (50) chauffeur driven cars free-of-charge, and dedicated liaison officers, to visiting Heads of States or Heads of Governments, Ministers and Ministerial-level guests of countries which have no official representation in Budapest. Additional security, if deemed necessary by ITU or the Government, shall be provided by the Government.
3.3 The Government shall ensure that the VIP lounge at the Liszt Ferenc Airport in Budapest (hereinafter the „airport”) can be used free of charge by the Heads of States or Heads of Governments, Ministers and Ministerial-level guests, ITU’s Elected Officials, and the heads of ITU’s Protocol and Safety and Security Divisions, in connection with the Event.
3.4 The Government shall make the necessary arrangements to: (i) organize and staff from 7 to 13 September 2019 welcome/farewell desks at the airport in Budapest to assist Event Participants arriving to and departing from the Event; and (ii) if possible, provide preferential treatment through customs for arriving and departing Event Participants.
ARTICLE 4
Transport and Hotels
4.1 In connection with the Event, the Government shall provide, at its expense, transport for ITU Officials as follows:
4.1.1 At least six (6) chauffeur driven cars, upon arrival at the airport in Budapest, for use by the five (5) Elected Officials of ITU and the heads of ITU’s Protocol and Safety and Security Divisions, and special authorization for such official cars for the duration of the Event.
4.1.2 Transport for ITU Officials between the airport and hotels during pre-Event and Event missions, as well as between hotels and the Venue during such missions. The necessary transportation schedules will be established by ITU.
4.1.3 Transport for Event Participants from the main hotel areas to the Venue, and vice versa, during the entire duration of the Event. Schedules of the shuttles will be established by the Government in collaboration with ITU.
4.2 A range of hotel accommodation will be required for Event Participants in connection with the Event. The Government shall ensure that at least one thousand (1,000) rooms in hotels or residences in the three (3) to five (5) star categories and located close to the Venue (i.e., within a one-hour travel time to/from the Venue by bus, train or car) are available for the Event at competitive preferential or discounted prices and with no mandatory minimum stay. At least six (6) months prior to the start of the Event, the Government shall confirm to ITU that it has made a block booking, for the minimum number and type of rooms described above.
ARTICLE 5
Visas and Permits
5.1 In light of the provisions of the existing relevant regulations, the Government, in its capacity as host Government of the Event, shall authorize all Event Participants and all ITU Officials, as well as members of their families, to enter, remain in, and exit Hungary without any impediments, throughout the duration of their functions, mission(s) or stay(s) in connection with the Event.
5.2 To that end, the Government shall take all appropriate measures with a view to issuing the necessary visas and entry permits, where required, to all Event Participants and ITU Officials, preferably free of charge, as speedily as possible and not later than two (2) weeks before the date of the opening of the Event, provided application for the visa is made at least four (4) weeks before the opening of the Event; if the application is made later, the visa shall be granted not later than eight (8) days from the receipt of the application.
ARTICLE 6
Safety and Security
6.1 The Government shall provide, at its expense, safety and security measures adequate to ensure the efficient functioning of the Event in an atmosphere of security and tranquillity free from interference of any kind. For the entire duration of the Event, the Government shall, in particular:
6.1.1 provide adequate safety, security and protection to all ITU Officials, all visiting dignitaries, and all Event Participants during their stay in Hungary, including special security and protections to all visiting dignitaries, as deemed necessary by the Host Country authorities, or as required by ITU;
6.1.2 provide adequate safety, security and protection to all official hotels;
6.1.3 provide adequate safety, security and protection to all Event shuttle buses;
6.1.4 provide adequate safety, security and protection both inside and outside the Venue. However, safety and security inside the Venue shall be under ITU’s control and coordination;
6.1.5 provide adequate safety, security and protection to all official social events, programmes and excursions, including those organized outside the Venue;
6.1.6 provide on-site first-aid facilities from 07:00 to 22:00 hours each day, or longer as required, for the duration of the Event and for special days as required by ITU. For emergency services, the Government shall ensure an ambulance is on-site at the Venue during the business hours to facilitate immediate transportation and admission to a hospital; and
6.1.7 provide on-site fire-fighting services from 07:00 to 22:00 hours each day, or longer as necessary, for the duration of the Event and for special days as required by ITU.
6.2 As soon as possible, and at least four (4) months prior to the opening date of the Event, the Government shall designate one (1) senior liaison officer to be in charge of safety and security relating to the Event, who shall work in close collaboration with ITU’s Head of the Safety and Security Division (the Event Safety and Security Coordinator), to ensure that the safety and security relating to the Event is comprehensive and smoothly coordinated.
6.3 With the close and continuing collaboration of the Host Country, ITU will produce a confidential Event Safety and Security Plan. The Plan will detail safety and security measures specific to the Event, to the Event Participants, to the ITU Officials, and to the Venue location. This document will be issued to third parties on a need-to-know basis, as determined by ITU. The preliminary draft of the Event Safety and Security Plan will be issued not later than three (3) months before the start date of the Event. The document will mature as the Event nears, as persons and resources are allocated, and as risks are identified and addressed. The final, completed and comprehensive version of the Event Safety and Security Plan will be issued just prior to the start date of the Event.
ARTICLE 7
Venue Specifications and associated facilities, equipment and services
7.1. At the Government’s sole cost and expense, the Government shall obtain for the benefit of, and provide to, ITU, directly or through its appointed contractor(s) pursuant to Section 8.3 of this Annex 1, the Venue for use and occupancy by ITU during the entire duration of the rental period of the Venue (as set forth in Section 7.2 below). In addition, during the entire rental period for the Venue, the Government shall provide and make available to ITU, at the Government’s sole cost and expense and free of charge to ITU, the setup arrangements, furnishings, equipment, facilities and services to be described in the Implementation Agreement.
7.2 The rental period for the Venue (the “rental period”) will be as follows, all dates inclusive:
7.2.1 Build-up period: 1 to 8 September 2019, with exceptional access to technical rooms for installation of ITU servers from 31 August 2019 (one day prior to the start of the rental period).
7.2.2 Holding Period: 9 to 12 September 2019
7.2.3 Dismantling period: 13 to 14 September 2019
7.3 The Government shall ensure that the Venue is accessible during the entire rental period by ITU Officials, ITU appointed contractors and Event Participants, from 07:00 to 24:00 hours each day. The Government shall further ensure that twenty-four hour access to the Venue shall be exceptionally provided during certain ITU-designated days of the build-up and dismantling periods.
7.4 The Government shall ensure that the Venue provides accessibility for persons with disabilities and persons with specific needs.
7.5 At least one (1) month prior to the start of the Event, the Government shall obtain, at its expense, and provide ITU written evidence of insurance coverage against such risks and upon such terms and conditions as are necessary in connection with the hosting of the Event at the Venue. The Government shall ensure that such insurance coverage extends for the duration of the entire rental period, and covers damages to the Venue, and to any property or persons within the Venue, caused by ITU, any ITU officials and/or any Event participants, including Event visitors, except for damages due to their gross negligence or wilful misconduct. If the Government does not obtain such insurance coverage as required above, the Government shall defray all expenses incurred by ITU in connection with the obtainment of such insurance coverage.
7.6 Information and Communications Technology (ICT) infrastructure will be required to host the Event. Such ICT infrastructure is critical to meet the expectations of Event Participants in terms of wireless Local Area Network and Internet webcast facilities that include captioning and the transcripts of the captioning. During the entire rental period for the Venue, the Government shall provide to ITU, at the Government’s expense and free of charge to ITU, the equipment and services which shall be specified in the Implementation Agreement, in conformance with the technical specifications set forth thereto.
7.7 The Government shall provide, at the Government’s expense and free of charge to ITU, professional local staff (including safety and security staff) to carry out, in connection with the Event, each of the jobs that shall be described in the Implementation Agreement. The Government shall ensure that all individuals selected and engaged to perform such jobs meet (at a minimum) the relevant requirements of, and perform the relevant duties for, their respective jobs. The final number, and required qualifications and experiences, of professional local staff will be communicated by ITU to the Government as soon as possible following the signature of this Agreement. The local staff provided to ITU by the Government shall be placed under the full and full and sole direction and supervision of the ITU Secretary-General. The Government shall take all necessary measures to ensure that such staff are able to perform their functions in relation to the Event with complete independence.
7.8 The Parties agree that the only goods and services that fall under Venue exclusivity are the following: Cleaning, Catering, Audio-Visual, Utilities and Telecoms, Rigging, Safety and Security, Traffic Management, Medical Services, Parking. ITU reserves the right to select and appoint its own subcontractors for providing (whether to ITU or Event participants) any goods and services which do not fall under the Venue exclusivity. ITU shall not be subject to or liable for any surcharges in procuring any goods or services from the Venue in connection with the Event (regardless of whether or not such goods and services fall under Venue exclusivity), and all such surcharges shall be defrayed by the Government.
ARTICLE 8
Host Committee; Performance of activities
8.1 The Government shall establish, at its own expense, and no later than six (6) months prior to the Event, a Host Committee in Budapest, Hungary, composed of a sufficient number of staff of the Government having sufficient skills, power and authority to undertake and make decisions concerning local, administrative and operative tasks in order to carry out the Government’s responsibilities set forth in this Agreement. The Government shall invite the owner of the Venue to attend meetings of the Host Committee, when such participation is necessary for the coordination between the Government and the Venue.
8.2 The Government shall provide ITU with a list of names, titles, functions and contact information of all the persons constituting the Host Committee no later than six (6) months prior to the Event. This list shall include details of all bodies and authorities in all relevant areas of activities including but not limited to: police, security, media, protocol, visas, customs, transportation, hotels, logistics, and IT. The reporting structure and communication process between the Host Committee and ITU will be mutually agreed between the Government and ITU. The Host Committee should be English-speaking and should assign one person from its members to be the primary contact point to interface with ITU.
8.3 No later than five (5) months prior to the Event, the Government shall inform ITU in writing the name and contact information of any entities which have been selected, engaged and appointed by the Government to perform any of the activities described in the Implementation Agreement, as the case may be. Such information provided by the Government shall indicate which activities described in the Implementation Agreement shall be performed by each entity.
8.4 ITU shall have the power and authority to directly supervise and control the activities of each of the entities mentioned in Section 8.3 above in connection with the preparation, organization and holding of the Event; provided, however, that the Government shall retain all obligations in respect of the identification, selection, engagement, appointment and remuneration of such entities. Without limiting the generality of the foregoing, the Government shall remain exclusively responsible for defraying all fees, costs and expenses relating to the goods and services provided by such entities to ITU under the terms of this Agreement.
8.5 The Government shall ensure that each of the entities mentioned in Section 8.3 above: (i) is represented by English-speaking staff at all times when providing services in connection with the Event; (ii) has and at all times dedicates the skills, experience, personnel and other resources which are necessary or required for the provision of such entity’s services in connection with the Event; (iii) complies with all laws, statutes, rules, regulations and other legal requirements applicable to it; and (iv) obtains and maintains in full force and effect all necessary permits, licenses, consents, authorizations and insurance.
ARTICLE 9
Tax Exemption
9.1 In accordance with the Convention on the Privileges and Immunities of the UN Specialized Agencies, the Government shall ensure all tax and duty exemption for ITU from any relevant federal, state or local tax.
9.2 The tax exemption stated in 9.1 shall also include any form of sales tax on any and all income and expenses related to:
9.2.1 Any goods and services provided to ITU in connection with the Event;
9.2.2 Any goods and services provided t …
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