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THE TAMPERE CONVENTION ON THE PROVISION OF TELECOMMUNICATIONS RESOURCES FOR DISASTER MITIGATION AND RELIEF OPERATIONS

An Annotated Look at How the United States Will Implement the Tampere Convention and how it recommends the convention be implemented by NGOās, IOās, the ERC and other Governments

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United States Coordination: Please direct all questions on US Government implementation to Larry Roeder Department of State, IO/PPC . Mr. Roeder is the National Facilitator for Implementation for the United States Government. In an emergency on Convention Policy Issues, Mr. Roeder can be reached through the Department of State Operations Center at 202-647-1512. His office number is also 202-647-5070. For operational matters on Domestic Disasters, contact FEMA and for operational matters on Foreign Disasters, contact AID/OFDA. Contacts at FEMA, AID/OFDA, the FCC and other Agencies will be posted in 1999.

Best Practices by Sector:

Action for Governments

actiongovs.html

Action for International Organizations

actionios.html

Action for Industry and NGOs

actionngos.html

Emergency Relief Coordinator

actionerc.html

Flowchart of NGO, IO, and Govāt Interaction

flowchart.html

 

 

As Presented to the Working Group on Emergency Telecommunications (WGET)

Issue

Description

National Implementation Plan

Each country should have a written plan that describes the basic mechanisms and structures needed to deploy Tampere resources, to include security, licenses, duties, frequency allocation policies, etc. This also should address how agencies coordinate activities and how they interact with international relief bodies. (See Appendix A). The United States site can be found at http://www.state.gov/www/issues/relief/index.html.

Relief Agency Implementation Plan

International relief bodies and industry also need written plans that interlace their operational requirements and risks with the unique requirements and restrictions of the national plans. As much as possible, these plans should be posted on the internet. In addition, they should be incorporated in the standard operating procedure manuals of the agency.

Emergency Relief Coordinator Plan

The ERC should post on the internet a written plan that describes: (a) The ERC's own responsibilities (b) Common models for use by both national authorities and relief bodies. (c) best implementation practices, (d) links to national homes pages. Where a nation or agency is unable to develop its own web site, the ERC should consider using ReliefWeb as a location for the relevant information.

Termination

Notifications of Termination must be in writing. Terms of termination must bear in mind the impact on the emergency.(25) The Operational Coordinator must also be informed. 

Central Contact Points

To facilitate the swift implementation of Tampere or to develop new guidelines for implementation, Central Contacts Points are needed at three levels.

  1. National facilitators: Governments should have a Tampere Convention National Facilitator. As in the United States, this person or organization does not have to be in charge of Convention implementation; but should assist in the development of national positions on urgent issues. The United States National Facilitator is Larry Roeder in the US Department of State. His phone number is 202-647-5070. Fax number is 202-647-9722. Email is lroeder@hotmail.com.
  2. Government Agency Contact Points: Each government Agency with any relevance to Tampere, e.g. Customs, Communications, Relief, etc. also needs its own contact point, which should have authority in its own organization to make decisions. Operational Agencies must be reachable on a 24 hours basis. An operational agency is one that manages disaster mitigation and response for the government. In the United States, the Tampere Operational Agencies are FEMA, State and AID/OFDA. FEMA is responsible for domestic disasters. AID/OFDA is responsible for external disasters. State handles Treaty Level and Policy implementation issues.
  1. Relief Agency Contact Points: Each relief body should also have a Tampere Facilitator whether and IO or an NGO who can assist in the development of how the body will handle Tampere issues.



Internet
(2)

Governments and relief bodies need to maintain Tampere web pages to describe their roles, contacts, restrictions, rules and expectations in any deployment.

An explanation of US Government procedures will be at: http://www.state.gov/www/issues/relief/index.html. See also http://www.state.gov/www/issues/relief/tpere1.html

Since the Convention also requires the Operational Coordinator keep the community informed of how the convention is being maintained, OCHA should also maintain a website (ReliefWeb) that links the information on the national pages and such other organization's pages as may be appropriate. (3) In those cases where a national authority can't maintain such a web site, the Emergency Relief Coordinator should develop one on the OCHA ReliefWeb site.

An essential activity for the Emergency Relief Coordinator would be to list on the ReliefWeb government contacts that handle licenses, customs issues, etc. -- or at a minimum link to government pages with this information. This will be a major job, especially since the contacts will change on a regular basis, so National Tampere Facilitators should also have a responsibility to keep these lists up to date.

Model Agreements

The Emergency Relief Coordinator, in consultation with States parties to the Tampere Convention, should develop generic model agreements to facilitate multinational or bilateral accords on the provision of telecommunication resources for disaster mitigation and relief. While these should be considered obligations under international law, their existence will facilitate the swift provision of emergency telecommunications.

These model agreements, best practices and other relevant information should be provided to all States Parties, other States, non-State entities and intergovernmental organizations on ReliefWeb and by other appropriate mechanisms.

NGO's and IO's especially should use these model agreements to work out understandings in advance of emergencies in disaster prone nations where the chance of an emergency occurring is high. Developing rules of the road, customs and licensing procedures, fee schedules, restrictions, compensation packages, security understandings, etc. can be very time consuming. If the agreements exist in advance, they will speed the delivery of urgently needed supplies and minimize misunderstandings.

The agreements should also contain procedures for escalating disputes quickly out of the administrative level. as well as seek to minimize regulatory barriers of all kinds.(4)

Fees

Although the Convention provides for a regularized method of developing fair payments for services, it also calls for reducing or removing regulatory barriers (to the extent allowed by national law). Since fees are a barrier, visa fees, import/export duties, licensing fees and other permit fees should be waived (where practical) if the relief agency is invited into the country under the Tampere Convention. At a maximum, relief agencies should not be charged more than local nationals should normally pay.(5)

OTHER BEST PRACTICES

Responsibility of Relief Agency

Responsibility of Host Government

Responsibility of Emergency Relief Coordinator

Humanitarian Visa Procedures

(See footnote for USG procedures)(6)

As we have seen in Kosovo and elsewhere, visas for humanitarian relief workers can take too long. A solution is to agree to "expedite visa procedures when a relief workers is in a Tampere situation."

Request as soon as possible and fill out fully.

Make sure that all visa restrictions have been taken into account.

List any national restrictions -- some nations prohibit the entry of nationals from other countries.

List visa procedures, including whom to contact.

Process the visa requests as fast as possible or waive the visa requirement.

Create links to national rules off of the OCHA Tampere Web Site.

Import/Export License

  

Request as soon as possible and fill out fully.

Make sure that all visa restrictions have been taken into account.

Before deploying, be aware of import or export license restrictions for exporting governments and disaster prone nations.(7)

Identify licensing officials

List regulations and restrictions

Develop expedited humanitarian license procedures. (This does not mean eliminating restrictions -- only agreeing to reasonably expedite the decision making process).(8)

Create links to national rules off of the OCHA Tampere Web Site.

Equipment

Is the equipment or its quantity relevant or sensitive, given the specific nature of the emergency?(9)

Make sure types and quantities are relevant.

In a conflicted situation, the host government may not allow qualities or types that exceed reasonable requirements.

All equipment must be returned promptly after the emergency.

Equipment shall not be deployed for unauthorized purposes.(10)

 

Operating License

  

Request as soon as possible and fill out fully.

Make sure that all restrictions are taken into account. (Example: Foreign nationals can't obtain a radio operator's license in the US, but they can operate under an American's license.)

Identify licensing officials

List regulations and restrictions.(11)

Issue quickly.(12)



Identify mechanisms (relative to the appropriate organization) for foreign workers to take in order to operate. *

Customs Inspections(13)

  

Be sure that all government rules are followed and all forms are filled out.

Special expedited procedures are needed. (This doesn't mean inspections do not take place, only that they should be reasonable and quick. Emergency equipment should also be given priority over non-emergency shipments).(14)

Create a universal Tampere Customs Declaration.(15)

Radio Frequencies,
As a general rule, there needs to be a balance between the risk of causing interference to an existing communications network with the risk of having to wait until the humanitarian assistance is completed -- with weight given to humanitarian considerations.

  

Use standard procedures, i.e. in order to avoid confusion in the emergency.(16)

Don't ask for an excessive amount of frequencies.

Make a reasonable amount of frequencies available and issue them quickly. (17)

Publish relevant contacts and guidelines on Tampere relevant policy and procedures concerning the allocation of radio frequencies, spectrum priorities, .etc.

Identify and coordinate frequency role for the area and with the host nation.

Identify procedures for handling interference to relief operations or the national system.

Identify procedures to clear frequencies for disaster use and coordinate spectrum requirements.(18)

Security

  

Follow common sense rules and obey national laws. Do not interfere in internal affairs.

Host authority needs to provide reasonable protection for personnel and equipment -- but the protection should not inhibit the relief operation.

 

Sharing of Disaster Information,

Allow the unfettered sharing of information about natural hazards, health hazards and disasters with non-State entities and intergovernmental organizations, and disseminate such information to the public, particularly to at-risk communities.(19)

Establish protocols that take into consideration the nature of the emergency. (20)

Establish reasonable protocols that do not interfere with operational needs.

 

Notification,

The notification of a request for help, decision to help or not and the nature of help.

Work with the Emergency Relief Coordinator.

The nature and scope of the request should be clear.(21)

Once a request is made, notify the Emergency Relief Coordinator.(22)

Governments rendering assistance should make the scope, costs and terms clear.

Keep all states parties informed of assistance requests and efforts.

Rendering Assistance

Assistance can't be provided without permission of the host government.(23)

 

 

 

Diversion

Do not interfere in the internal affairs of the host government.(24)

Do not alter the use of the equipment for unauthorized purposes.

 

Privileges, Immunities, and Facilities

See Article Five of the Convention

 

The convention provides that P's and I's be given to relief workers.(26)

Although P's and I's are not provided to nationals of the requesting party, the government should accommodate the emergency efforts of these workers.(27)

 

     

Appendix A:

I. General Guidance Governing the Interrelationship of Governments, IO's and NGO's to each other.:

A. If an International Organization wants to help a nation in a Crisis

Working With the UN: International Organizations should go through the Emergency Relief Coordinator (ERC), who is supposed to facilitate the coordination of all relief for the UN. His office will in turn inform the UN missions of members states and other relevant UN entities -- in order to avoid duplication of effort and to coordinate the most appropriate response.

Role of a Government's UN Mission: The mission needs to inform the appropriate agencies in its government of the ERC's request as soon as possible. In the context of United States practice, the US Mission to the United Nations (USUN) will then cable USAID/OFDA, and State/IO/PPC. AID/OFDA will coordinate all USG operational aspects, keeping State and the Emergency Relief Coordinator informed of details. State/IO/PPC who will inform the members of the USG International Informatics Committee, which coordinates policy issues relatives to the Convention in the US Government. State will also facilitate export-licensing issues with Commerce and Treasury as appropriate and keep appropriate US diplomatic posts and other US agencies informed.

  1. If A Government Wants to Request Assistance:

Working With the UN: The Government in need of help should inform the UN Emergency Relief Coordinator of their desire for help and provide all operational details. The ERC will then inform UN missions of members states and other relevant UN entities -- in order to avoid duplication of effort and to coordinate the most appropriate response.

Working With Other Governments: Foreign Governments should go through the nearest Embassy or Consular Post for assistance -- but keep the UN Emergency Relief Coordinator informed.

Role of a Government's diplomatic or Consular Mission: The missions needs to inform the appropriate operational agencies ASAP. In the context of United States practice, the US Mission will cable USAID/OFDA, and State/IO/PPC. AID/OFDA will coordinate all USG operational aspects, keeping State and the Emergency Relief Coordinator informed of details. State/IO/PPC who will inform the members of the USG International Informatics Committee, which coordinates policy issues relatives to the Convention in the US Government. State will also facilitate export-licensing issues with Commerce and Treasury as appropriate and keep appropriate US diplomatic posts and other US agencies informed.

  1. If an NGO wants to volunteer to help or use Tampere to assist their own efforts.

The NGO needs to work with the host government if it is in an existing emergency, because the ultimate authority rests with the Government. If not already in the disaster, the NGO should work with the UN Emergency Relief Coordinator as appropriate and go to the host government's nearest diplomatic or consular post.

II. When the United States Needs Help in a Crisis: (these points are offered as a possible model for other governments)

Foreign entities may not use the Tampere Convention in the United States unless the US Government makes a formal decision to ask for their assistance or a decision to accept an offer of help.

Disasters in the United States are handled in the first instance by local authority, city, county and state. If the local emergency management agency(ies) at the municipality or county level are "over taxed" and cannot take care of the event, they appeal to the state or territorial governor. If the governor decides that the state does not have sufficient resources and will be overwhelmed, he contacts the FEMA (Federal Emergency Management Authority) regional office that services his state. The FEMA regional office forwards the request to FEMA HQ, which informs the White House of the particulars and details. The Presidential staff then drafts a Disaster Declaration. The President signs the Declaration, and authorizes FEMA to respond to the incident. The Federal Response Plan is then activated. FEMA (in consultation with the Department of State, the Customs Service, Treasury's Office of foreign Assets Control and the Department of Commerce and such other agencies as are required will coordinate invitations for foreign assistance or acceptance of assistance. This entire process, though it involves many players, can happen within a few hours, depending on the nature of the emergency.

A. If An International Organization wants to help the United States

The Department of State will facilitate entry into the United States of organizations chosen by FEMA to help, to include working with INS, the Departments of Commerce and Treasury and Customs to assist in port of entry issues. (Note: Persons, Equipment and Organizations that would ordinarily not be allowed into the united States) will likely still not be allowed.)

B. If A Foreign Government Wants to Help the United States

C. If an NGO wants to volunteer to help or use Tampere to assist their own efforts.

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End Notes

2. Though useful as a headquarters tool, the Internet can be problematic in disasters where internet is not generally available or in countries like Sudan where satellite phones are often not allowed. Even if sat phones are allowed, their use is very expensive. Having said that, Internet is available in many emergencies, e.g. in Lokochokio, Kenya (which services Sudan) . For countries that can't maintain a Tampere Website, the Emergency Relief Coordinator should facilitate them by using ReliefWeb -- should should link to all Tampere relevant websites from its own home page.

3. The need to notify the Operational Coordinator of its authorities is covered in Tampere Convention, Art VIII, #1. Art IX, #6 covers the responsibility of the Operational Coordinator to inform.

4. Reduction of regulatory barriers is covered in Tampere Art IX, #1. Disputes are handled by Art X.

5. Payment or reimbursement costs are covered in Tampere Convention, Art VII, #1. If the fees are not waived, they should be handled in accordance with this Article. See also Art IX, #1

6. The United States will handle this under existing emergency procedures covered by Immigration and Nationality Act, Section 212(d)(4) or 212(a)(7)(b)(i). Under this act, use of a visa or even a passport can be waived "on the basis of unforeseen emergency in individual cases, as well as under other circumstances." This is obviously only used for extraordinary circumstances and the details will be posted on the USG Tampere Web Site. Since FEMA is the operational agency for domestic emergencies, once a decision is made to invite someone into the United States for Tampere Operations, the Department of State Operations Center will be notified, who will then (a) notify the Bureau of Consular Affairs who will handle port of entry liaison with the Immigration and Naturalization Service (INS) in order to expedite entry, (b) the Tampere National Coordinator at the Department of State who will keep all other Tampere-relevant US agencies informed over an internal internet information system known as INFORM, or other means as appropriate. Note: When considering if an individual going to the United States for emergency Tampere work needs a visa, keep in mind that while most travelers to the United States must obtain a visa before they begin their trips, citizens of 26 countries may travel without a visa at any time if they meet special criteria. (details on the VWPP program will be on the USG Tampere Web Site). So while those people do need to carry a passport to enter the Untied States, they do not need special visa procedures.

7. Many countries restrict the flow of even non-military goods.

8. Some thought might be given to a special 'fast practice form" to be issued to UN Relief Agencies and their official contracting agencies by the UN Emergency Relief Coordinator.

9. GPS (global positing system) equipment should be allowed even in conflicted situations like Sudan. Vehicle Tracking systems are affordable and reliable, using standard CODAN radios and GPS/modems a vehicle can be tracked and monitored. This provides an essential element of security for relief workers. If the equipment is not given to conflicted parties, it will not give a side an unfair military advantage. Question: What do we do if it isn't clear what equipment is covered by the Convention? Should the Working Group on Emergency Telecommunications (WGET) act as a vehicle to define what is covered by the Convention? Sanctions regimes do have such organizations. The difference here would be that the WGET's guidance would not be mandatory -- guidance.

10. Tampere, Art V, #4 and 5

11. The USG already does this, so the USG Tampere Web Page needs only point to existing pages, not crate new work.

12. Reduction of regulatory barriers is covered in Tampere Art IX, #1

13. Reduction of regulatory barriers is covered in Tampere Art IX, #1.

  1. A standard form by the ERC that certifies that certain goods are being used for Tampere activities would be useful, especially if it also sets out the restrictions.
  2. The OLS (Operation Life LifeSudan) consortium has 40+ member and a wide variety of standards. Procedures are handled on a voluntary basis and are impossible to enforce. The ERC should enforce standards in international emergencies -- in coordination with host governments

19. Tampere Convention, Art I

21. Tampere Convention, Art IV, #2

22. Tampere Convention, Art IV, #1

23. Tampere Convention, Art IV, #6

24. Tampere Convention, Art V, #7

25. Tampere Convention, Art Vi #1

26. Tampere Convention, Art V

27. Tampere Convention Art V

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