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S 9.10: 12555
Ix arnm ........ INTERNATIONAL ACTS SERIES 12555
i L Juil6 *
JIi I t* -
Agreement Between the
UNITED STATES OF AMERICA
Effected by Exchange of Letters
Signed at Washington July 1 and 7, 1994
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89-497, approved July 8,
1966 (80 Stat. 271; 1 U.S.C. 113)-
". the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of
maritime jurisdiction, and in all the tribunals and public offices
of the United States, and of the several States, without any fur-
ther proof or authentication thereof."
For sale by the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402
Telecommunications: Radio Democracy
Agreement effected by exchange of letters
Signed at Washington July 1 and 7, 1994;
Entered into force July 7, 1994.
The President of Haiti to the Special Advisor on Haiti, Department of
de la Ripublique d'Ha'ti
PRHIMP/200 Washington, D.C., July 1, 1994
Dear Mr. Gray:
On behalf of the Government of Haiti, I am writing to state our mutual under-
standing of the terms of reference agreed upon between the Government of Haiti
and the Government of the United States for the operation of the Radio Democ-
racy project. Those terms are as follows:
1. The Radio Democracy project of the Government of Haiti shall operate as a
joint effort of the two countries. That is the Government of the United States
will preview and facilitate the Haitian Government's transmission of its official
radio programs into Haiti by means of broadcasting from United States aircraft;
similarly, the Government of Haiti will preview and authorize radio programs
prepared by the United States to be broadcast into Haiti from such aircraft flying
through Haitian or international airspace.
2. The primary purpose of this project is to permit President Aristide to commu-
nicate directly with the Haitian people, because that has previously been pre-
vented by the coup regime.
3. The themes to be stressed by President Aristide and designees are:
A. An explanation of reconciliation, restoration of democracy and constitu-
tional order, and of how reconciliation can be achieved, including plans for
modernizing the Army and creating a civilian police force in a manner that
provides reassurance of security and personal safety to all sectors of Haitian
Honorable William H. GRAY, III
Special Advisor on Haiti
U.S. Department of State
Washington, DC 20520
B. An introduction of the Government's plans for renewal in Haiti, such as
economic development, education, health care, and judicial reform, as well
as police and military professionalization.
C. Broad consensus based on acceptance of: a full and unfettered democratic
process; and adherence to the Constitution, the rule of law and the principle
of nonviolence; an elimination of corruption and fraud in the government
and government contracts with the private sector; and vigorous enforcement
against drug traffic in or through Haiti.
D. Those who publicly commit themselves to this consensus and continue
to behave consistent with that commitment are fully welcome to participate
in the broad national effort of reconciliation and renewal.
4. The broadcasts will be made daily from a U.S. Department of Defense air-
craft, flying in Haitian or international airspace. The aircraft will broadcast for
at least a one hour flight pattern over each of two locations, such that, together,
these two flight patterns provide broadcast coverage for virtually all of the
national territory of Haiti, subject to acceptable weather conditions as well as
safety and other practicable considerations pertinent to aviation.
5. The daily broadcast will be repeated over each of these two areas on a regular
basis, at the same fixed time, and on the same frequency each day. The total
broadcast time over each location will be divided in half, except that --
A. For the first seven days on which transmissions are made, materials pre-
pared by the Government of Haiti will be broadcast for the first hour of
transmission repeated over each half of Haiti. The United States may broad-
cast materials during an additional period of transmission made possible by
a longer loiter time over each of those two locations. Any additional broad-
cast time beyond a two-hour transmission daily, to each half of Haiti, would
be split evenly between the Haitian Government segment and the U.S.
B. After the first seven days of transmission, the first hour will be evenly
divided between the Government of Haiti and the Government of the United
States. Any additional time would also be split evenly between them. If the
Government of Haiti has material to be broadcast which requires more than
one-half hour, the Government of the United States will make a good faith
effort to provide the necessary transmission time.
6. While the Government of Haiti's broadcasts will stress its plan for reconcili-
ation, reconstruction and renewal, they also may comment on the ongoing efforts
to resolve the crisis and other developments that occur in Haiti or abroad. It will
also include an introductory portion which, along with appropriate music of sev-
eral minutes duration, will indicate to listeners that the program of material
recorded by the Government of Haiti has commenced for that day's broadcast.
7. The U.S. Government will have an opportunity to preview the material
recorded by the Government of Haiti before it is broadcast from the aircraft and
retains the right to decline to have the aircraft transmit the material, without
mutually agreed upon changes. However, the United States will not unilaterally
edit or otherwise alter the Haitian Government's recorded transmission.
8. The Haitian Government will have an opportunity to preview the material
recorded by the United States Government before it is broadcast from the aircraft
and retains the right, with regard to any material, to withhold authorization for
broadcast into Haiti from aircraft in Haitian or international airspace.
9. Since any U.S. segment will directly follow or precede the broadcast of Presi-
dent Aristide, there needs to be a brief musical or comparable interlude in order
to denote clearly the demarkation between the United States Government and
Haitian Government segments.
10. Either Government may terminate this agreement with one month's notice
in writing to the other Government. The United States Government may suspend
its participation in this agreement in the event it lacks the necessary funds to
fulfill its obligations. Either Government may propose revisions to the terms of
this agreement for consideration by the other Government.
The Constitutional Government of Haiti looks forward to working with you and
your colleagues on the implementation of this very important project as part of
our overall mutual efforts to restore democracy to Haiti.
If the foregoing conforms with the understanding of the Government of the
United States of America, this letter and your Government's letter of confirma-
tion shall constitute an agreement between our two governments.
TIAS: 12555, Telecommunication
3 1262 20009746 6
The Special Advisor on Haiti, Department of State, to the President of
United States Department of State
Washington, D C. 20520
July 7, 1994
Dear Mr. President:
I refer to your letter of July 1, 1994, regarding our two Governments'
mutual understanding of the terms of reference for the operation of the "Radio
I am pleased to confirm that this understanding conforms with that of the
Government of the United States of America and that your letter and this letter
in reply constitute an agreement between our two Governments.
William H. Gray III
Special Advisor on Haiti
President of the Republic of Haiti,