ACTUAL STATUS

CHAPTER I

OBJECTIVES AND FUNCTIONS

ARTICLE 1

The objectives and functions of the Panel are:

(a) Serve as a flexible mechanism for consultation and coordination on common issues relating to the production and marketing of sugar.

(b) To contribute to the creation of appropriate mechanisms to delineate and develop formulas for cooperation and integration, consistent with the obligations arising from the existing treaties to which they are part of the Member Countries;

(c) To promote the proper and harmonious development of the sugar industry of the Member Countries;

(d) Assist the adoption of common positions in international meetings and negotiations with sugar;

(e) Promote solidarity actions in the face of special situations faced by Member Countries in the field of sugar;

(f) Coordinate policies to achieve fair and remunerative price levels;

(g) Increase cooperation and knowledge-sharing among agencies and implementing agencies of the policy on the external marketing of sugar in Member Countries;

(h) Exchange scientific and technological knowledge in field, factory and use of sugar cane products;

(i) Maintain a regular operating information service, which can serve Member Countries to guide their product marketing policy;

(j) Analyze the possibilities of industrial supplementation in all branches of sugar industry activity; and

(k) Other objectives and functions that contribute to the development of the basic principle in subparagraph (a) of this article.

CHAPTER I

OBJECTIVES AND FUNCTIONS

ARTICLE 1

The objectives and functions of the Panel are as set out in the following order:

(a) Serve as a flexible mechanism for consultation and coordination on common issues relating to the production and marketing of sugar and its derivatives.

(b) Assist the adoption of common positions in international meetings, treaties and negotiations related to sugar and its derivatives, in which Member Countries are a party;

(c) To maintain a constant and regular operating information service, with automated and telecommunications support that can serve Member Countries to guide their marketing policy on sugar and derivatives;

(d) To contribute to the creation of appropriate mechanisms to delineate and develop formulas of cooperation and integration, consistent with the obligations arising from the existing treaties to which the Member Countries are a party;

(e) Promote solidarity actions in the face of special situations faced by Member Countries in the field of sugar and its derivatives;

(f) Coordinate policies to achieve fair and remunerative price levels;

(g) Increase cooperation and knowledge-sharing among agencies and implementing agencies in the field of external marketing of sugar and derivatives from Member Countries;

(h) Exchange scientific and technological knowledge in field, factory and use of sugar cane coproducts;

(i) Analyze the possibilities of industrial supplementation in all branches of the sugar activity of the Member Countries;

(j) Identify and channel all information relevant to the Agency;

(k) Identify and attract external resources that are of benefit to the sugar industry and derivatives of Member Countries;

(l) To become a promoter of relations with the sugar industry-related entities and to complement each other rather than double the efforts of other agencies;

(m) Other objectives and functions that contribute to the development of the basic principle contained in subparagraph (a) of this article.

(n) Undertake all necessary actions to strengthen or establish relations of consultation and mutual cooperation with United Nations bodies, in particular the World Trade Organization, the United Nations Conference on Trade and Development, as well as the Common Fund for Commodities, the International Sugar Organization and others considered.

CHAPTER II

MEMBERS

ARTICLE 2

All countries independent of Latin America and the Caribbean, traditional exporters of sugar, which have accepted or ratified these Statutes in accordance with Article 37.

CHAPTER II

MEMBERS

ARTICLE 2

All countries independent of Latin America and the Caribbean, sugar producers, which have signed without reservation of ratification, have acceded to these Statutes.

CHAPTER III

OBSERVERS

ARTICLE 3

The Assembly may unanimously accept the participation of observer countries that meet the following requirements:

(a) Be independent;

(b) be a traditional sugar exporter

(c) To be a member of the Group of 77; and

(d) have expressly expressed its wish to participate in the Group.

ARTICLE 4

The Assembly may unanimously grant observer status to any regional or subregional intergovernmental organization in Latin America or the Caribbean, which it has requested, involving the Member Countries of the Group.

Once such status has been granted, the organization concerned shall be represented by nationals of the Group ' s Member Countries.

CHAPTER III

OBSERVERS

ARTICLE 3

(a) The Assembly may unanimously grant observer status to any country, regional or subregional intergovernmental organization, institutions, non-governmental agencies, entities and associations related to the sugar sector.

(b) Agencies referred to in article 1 (n) may also be invited to the Assemblies and other events as observers.

(c) Observers shall not have the right to vote.

CHAPTER IV

ORGANIZATION

ARTICLE 5

The Panel has the following permanent bodies:

(a) Assembly;

(b) The Secretariat.

ARTICLE 6

The Assembly is the supreme body of the Group and will be composed of all Member Countries.

Each Member Country shall appoint a representative and, if desired, one or more alternates and advisers.

ARTICLE 7

The Assembly shall have the powers to consider all matters within the competence of the Group, to adopt resolution and decisions and to make recommendations in accordance with these Statutes.

ARTICLE 8

As a general rule, the Assembly will hold one or two regular sessions each calendar year. It may also hold special sessions when so decided by the Assembly itself or upon request by most Member Countries.

ARTICLE 9

The date and place of regular sessions shall be determined by the Assembly.

ARTICLE 10

The sessions of the Assembly will be convened by the Executive Secretary and will be held at the headquarters of the Secretariat or in any Member Country that will provide the venue for the session concerned.

ARTICLE 11

The sessions of the Assembly should be convened at least 30 days in advance. The draft agenda of the meetings will be accompanied by the call.

ARTICLE 12

The quorum of any meeting of the Assembly shall be constituted by the presence of two thirds of the Member Countries entitled to vote.

ARTICLE 13

The Assembly shall have the following powers.

(a) To take all actions and decisions that Member Countries consider necessary for the fulfilment of the objectives and functions of the Group governed by Article 1 of the present Statutes.

(b) To elect and remove the Executive Secretary, the Deputy Executive Secretary and the Panel ' s Assistant Secretaries;

(c) To approve the annual budget of the Group and to establish the contribution of each Member State.

(d) Adopt the Secretariat ' s work plan;

(e) Adopt and modify regulations;

(f) To elect President and two Vice-Presidents for each session;

(g) Accept the participation of the observers referred to in articles 3 and 4 and establish the conditions for such participation;

(h) Establishment of special commissions or working groups;

(i) Declaring the dissolution of the Panel and the termination of these Statutes;

(j) To know and approve the amendments to the present Statutes.

(k) To appoint external auditors of the Panel; and

(l) Interpret the present Statutes.

ARTICLE 14

With the exception of the decisions referred to in article 13 (g), which shall be adopted unanimously, the Assembly shall adopt all its resolutions and decisions and make all its recommendations by a two-thirds majority of the eligible Member Countries.

ARTICLE 15

Each Member Country shall have the right to one vote.

ARTICLE 16

The Secretariat is the executive body of the Group and shall act in accordance with the present Statutes, regulations and decisions of the Assembly. It shall consist of an Executive Secretary, a Deputy Executive Secretary, the Assistant Secretaries and any staff required. The Executive Secretary shall have the legal representation of the Panel.

ARTICLE 17

Each of the Member Countries undertakes to respect the exclusively international character of the functions of the Executive Secretary, the Deputy Executive Secretary, the Assistant Secretaries and staff as necessary and not to attempt to influence them in the performance of such functions.

ARTICLE 18

The Secretariat will have its headquarters in Mexico, D.F., United Mexican States.

ARTICLE 19

The Executive Secretary, the Deputy Executive Secretary and the Assistant Secretaries shall be elected for a period of three years and may be reelected for one time, for the same period. These staff members shall be nationals of the Member Countries and shall be appointed on an alternative basis.

CHAPTER IV

ORGANIZATION

ARTICLE 4

The Panel has the following permanent bodies:

(a) The Assembly;

(b) The Secretariat.

THE GENERAL

ARTICLE 5

The Assembly is the supreme body of the Group and will be composed of all Member Countries.

Each Member Country shall appoint a representative and, if desired, one or more alternates and advisers.

ARTICLE 6

The Assembly shall have the following powers:

(a) To take all actions and decisions that Member Countries consider necessary for the fulfilment of the objectives and functions of the Group established by article 1 of the present Regulations;

(b) It shall have powers to examine all matters within the competence of the Panel;

(c) Adopt resolutions and decisions and make recommendations in accordance with these Statutes;

(d) To appoint and remove the Executive Secretary.

(e) To approve the annual budget of the Group and to establish the contribution of each Member State.

(f) To adopt the Secretariat ' s work plan;

(g) Adopt and modify regulations;

(h) To elect President and Vice-President for each session;

(i) Accept the participation of the observers referred to in article 3 and establish the conditions for such participation;

(j) Establishment of special commissions or working groups;

(k) To admit new Member Countries;

(l) Declaring the dissolution of the Panel and the termination of these Statutes;

(m) Decide on the change in the Secretariat headquarters;

(n) Adopt the necessary amendments to the Statutes;

(o) To appoint external auditors of the Panel;

(p) Interpret the present Statutes.

ARTICLE 7

With the exception of the decisions referred to in article 6, subparagraph (i), which shall be adopted unanimously, the Assembly shall adopt all its resolutions and decisions and make all its recommendations by the vote of two thirds of the Member Countries entitled to it.

ARTICLE 8

As a general rule, the Assembly will meet annually at a regular meeting and whenever circumstances require it, the Member Countries will meet in extraordinary meetings.

The Executive Secretary shall convene the regular meeting of the Assembly on an annual basis and at an extraordinary meeting at the request of the Assembly itself or at the request of most Member Countries.

ARTICLE 9

The sessions of the Assembly should be convened at least 30 days in advance. The draft agenda of the meetings will be accompanied by the call.

ARTICLE 10

The sessions of the Assembly will be held at the Agency ' s headquarters or in any Member Country that will host.

ARTICLE 11

If a member does not pay his full contribution to the annual budget within six months of the date on which it has been demanded, his right to vote shall be suspended in the Assembly.

The Member Country whose right to vote has been suspended for failure to pay its contribution shall recover those rights after payment has been made.

ARTICLE 12

The quorum of any meeting of the Assembly shall be constituted by the presence of two thirds of the Member Countries entitled to vote.

OF THE SECRETARY-GENERAL

ARTICLE 13

The Secretariat is the executive body of the Group and shall act in accordance with the present Regulations, Rules and decisions of the Assembly. It shall consist of an Executive Secretary and his staff. The Executive Secretary shall have the legal representation of the Panel.

ARTICLE 14

Each of the Member Countries undertakes to respect the exclusively international character of the functions of the Executive Secretary and Secretariat staff, and not to attempt to influence them in the performance of such functions.

ARTICLE 15

The Member Countries of this Organization agree to accept and fulfil the decisions of the Secretariat in accordance with the mandate of the Assembly and the present Statutes.

ARTICLE 16

The Secretariat will have its headquarters in Mexico, D.F., in the United Mexican States.

ARTICLE 17

The Executive Secretary will be selected by competitive examination among nationals of the member countries of the Region, provided that they have the approval of their Government. The appointment of the Executive Secretary is the responsibility of the Assembly. The period of office of the Executive Secretary is 3 years, with the possibility of being ratified in office.

CHAPTER V

FINANCIAL PROVISIONS

ARTICLE 20

The Member Countries shall pay contributions to the annual budget of the Panel, which shall be set by the Assembly in accordance with the following bases:

(a) Each country will pay a minimum, equal to all;

(b) The balance shall be distributed in direct proportion to the volume of sugar production of each country, corresponding to the average of the three years immediately prior to the budget period in question, for which, on the first day of the year, information officially published by the International Sugar Organization or other source as determined by the Assembly. The Assembly may also decide that the above balance shall be distributed on the basis of, together with the export volume, the production of each country for the same period, indicated to set the export volume.

(c) A maximum assessment shall be established to be equivalent to a percentage of the total budget set by the Assembly; and

(d) If there is a difference between the amount of contributions calculated under the preceding subparagraphs and the total amount of the budget, this difference shall be distributed among Member Countries on the basis of the provisions of subparagraph (b).

ARTICLE 21

(a) Any Member Country may contribute on a voluntary basis to an Independent Special Fund for the Budget, for the financing of programmes and studies in the field of scientific and technological exchange, which the Assembly considers of particular interest to the Group;

(b) The country, entity or national sugar association admitted as observed shall pay a minimum contribution to the Agency.

(c) The Assembly will set an indicative amount for the integration of the Special Fund, estimate what could be provided for voluntary contributions by Member Countries and set the amount of contributions from observer countries;

(d) The Assembly will determine the conditions of operation of the Special Fund.

ARTICLE 22

The financial period of the Panel will coincide with the timetable.

ARTICLE 23

The costs of representatives to the Group meetings shall be paid by their respective countries.

ARTICLE 24

The costs relating to the organization and conduct of the meetings shall be borne by the host country.

ARTICLE 25

Unbudgeted costs incurred by the Secretariat when special sessions are held shall be covered by Member Countries in proportion to their contributions to the annual budget.

ARTICLE 26

Contributions to the annual budget will be paid in freely convertible currency and will be required on the first day of the financial period.

ARTICLE 27

If a member does not pay his full contribution to the annual budget within 6 months of the required date, his right to vote will be suspended in the Assembly.

ARTICLE 28

The Member Country whose right to vote has been suspended for failure to pay its contribution shall recover that right after payment has been made.

CHAPTER V

FINANCIAL PROVISIONS

ARTICLE 18

The Member Countries shall pay contributions to the annual budget of the Panel, which shall be set by the Assembly in accordance with the following bases:

(a) Each country will pay a minimum, equal to all;

(b) The balance shall be distributed in direct proportion to the volume of sugar production of each country, corresponding to the average of the three years immediately prior to the budget period in question, for which, on the first day of the year, information officially published by the International Sugar Organization or other source as determined by the Assembly. The Assembly may also decide that the above balance may be distributed on the basis, together with the production volume, of each country ' s export for the same period indicated to set the export volume.

(c) A maximum assessment shall be established, the amount of which shall be equivalent to the percentage of the total budget set by the Assembly.

ARTICLE 19

(a) Any country may contribute on a voluntary basis to an Independent Special Fund for the Budget for the financing of programmes and studies, especially in the field of scientific and technological exchange, which the Assembly considers of particular interest to the Group;

(b) The observers, in accordance with article 3 of the Statutes, shall pay a contribution to the Special Fund in the form of compensation for the services and benefits arising from their participation as observers in the Panel;

(c) The Assembly will set an indicative amount for the integration of the Special Fund, estimate what could be provided for voluntary contributions by Member Countries and set the amount of the contributions of the Observer Countries, and

(d) The Assembly will determine the conditions of operation of the Special Fund.

ARTICLE 20

In addition to the Special Fund established in the previous article, the Panel will promote the search for other income by selling diverse services that are consistent with its Statutes and objectives.

ARTICLE 21

The financial period of the Panel will coincide with the calendar year.

ARTICLE 22

The costs of representatives to the Group meetings shall be paid by their respective countries.

ARTICLE 23

The costs relating to the organization and conduct of meetings shall be borne by the host country.

ARTICLE 24

Contributions to the annual budget will be paid in freely convertible currency and will be required on the first day of the financial period.

CHAPTER VI

PRIVILEGES AND INMUNITIES

ARTICLE 29

The Group will have a legal personality.

In particular, it will be able to recruit, acquire and dispose of movable and immovable property and to initiate judicial proceedings.

ARTICLE 30

The Group will conclude with the Government of the country in which the headquarters of the Secretariat is located, as soon as possible, an agreement that will be approved by the Assembly concerning the legal status, privileges and immunities of the Group, the Secretariat and the members of its staff.

ARTICLE 31

The agreement provided for in article 30, which shall be independent of these Statutes, shall determine the conditions for the termination of the Convention.

ARTICLE 32

Unless other tax provisions are applied, under the agreement provided for in article 30, of the Secretariat ' s host country:

(a) It shall grant tax exemption on the group ' s payment to its staff;

(b) It will grant tax exemption on the Group ' s assets, income and other assets.

ARTICLE 33

(a) Representatives of the Member Countries shall, during their stay in the territory of a Member Country, attend meetings or other activities of the Group, the privileges and immunities that that Member State entrusted to them, necessary to carry out their functions;

(b) Members of the Secretariat and experts appointed by the Group shall, during their stay in the territory of a Member Country, have the privileges and immunities that Member Country gives them necessary to carry out their functions.

(c) If it considers it necessary, it will negotiate with the Member Countries an agreement on these privileges and immunities.

CHAPTER VI

PRIVILEGES AND INMUNITIES

ARTICLE 25

The Group will conclude with the Government of the country where the headquarters of the Secretariat is located, as soon as possible, an agreement to be adopted by the Assembly on the legal status, privileges and immunities of the Group, the Secretariat and the members of its staff, and to agree with the agreement of privileges and immunities signed between the host country and the United Nations Organization.

ARTICLE 26

The agreement provided for in article 25, which shall be independent of these Statutes, shall determine the conditions for the termination of the Convention.

ARTICLE 27

Unless other tax provisions are applied, under the agreement provided for in article 25, of the Secretariat ' s host country:

(a) It shall grant tax exemption on the group ' s payment to its staff;

(b) It will grant tax exemption on the Group ' s assets, income and other assets.

ARTICLE 28

(a) Representatives of the Member Countries shall, during their stay in the territory of a Member Country, attend meetings or other activities of the Group, the privileges and immunities that that Member State entrusted to them, necessary to carry out their functions;

(b) Members of the Secretariat and the experts appointed by the Group shall, during their stay in the territory of a Member Country, have the privileges and immunities that that Member Country entrusted to them necessary to carry out their functions.

(c) If it deems it necessary, the Group will negotiate with Member Countries an agreement on these privileges and immunities.

CHAPTER VII

RELATION TO SELA

ARTICLE 34

The Assembly may authorize the Executive Secretary to establish coordination and information relations with the Permanent Secretary of SELA with a view to achieving the best possible cooperation between the Group and the said agency.

CHAPTER VII

AZUCARERA INFORMATION

ARTICLE 29

(a) Members will make an effort to provide the Agency with the sugar information required for the development of databases, studies and reports, as well as to provide it to any member requesting it.

CHAPTER VIII

FINAL PROVISIONS

ARTICLE 35. Signature

The present Statutes will be open for signature by all the independent countries of Latin America and the Caribbean, traditional exporters of sugar, at the IV Meeting of the Group in Cali, Colombia, and will continue to open for signature by those countries in the Secretariat for Foreign Affairs of the United Mexican States, the headquarters country of the Secretariat of the Group. At the signing ceremony, the representatives of the countries will indicate whether the signature will be subject to ratification. The Secretariat shall notify Member Countries and the Executive Secretary of the Panel of each signature.

ARTICLE 36. RATIFICATION

These Statutes shall be subject to acceptance, either by signature or by signature and ratification, if this requirement is required by the Ministry of Foreign Affairs of the United Mexican States. The Secretariat shall notify the Member Countries and the Executive Secretary of the Panel of each deposit.

ARTICLE 37. Entry into force

The Statutes shall enter into force on the date on which they have been accepted or ratified by two thirds of the Governments of the member countries of the Group.

Countries whose Governments should ratify the present statutes in accordance with their existing legal provisions shall be considered as interim members of the Panel, with full rights and obligations, until the time they acquire the quality of Member Countries, by depositing the instrument of ratification.

ARTICLE 38. Reservations

Reservations may not be made in respect of any of the provisions of these Statutes.

ARTICLE 39. Voluntary withdrawal

Each Member Country may withdraw from the Panel and denounce these Statutes at any time, upon written notification by the Depositary who shall transmit it to the Member Countries and to the Executive Secretary.

The withdrawal and denunciation shall take effect 90 days after the notification by the Depositary has been received.

ARTICLE 40. Accounts adjustment

In the event of the withdrawal of a Member Country, the Secretariat and the Member Country shall make any adjustments in the accounts to which it takes place within 90 days of the preceding article.

No Member country that has withdrawn shall have the right to receive any part of the proceeds of the liquidation of the Panel or of the assets thereof.

ARTICLE 41. Amendments

Each Member Country may propose amendments to the present Statutes.

Amendments to the Statutes adopted by the Assembly shall be formalized in protocols that shall enter into force once they have been accepted or ratified by two thirds of the Member Countries through the deposit of the respective instrument.

ARTICLE 42. Languages

The following are official languages: Spanish, French, English and Portuguese.

ARTICLE 43. Duration and Termination

(1) These Statutes shall apply indefinitely;

(2) The Assembly may at any time, by a two-thirds majority of the eligible Member States to declare dissolved the Group and terminated the present Regulations; and

(3) In spite of the dissolution of the Panel and the termination of the present Statutes, the Assembly will continue to exist as long as it is required to liquidate the Panel and dispose of its assets, and during that period shall have all the necessary powers for that purpose.

CHAPTER VIII

RELATING TO INTERNATIONAL ORGANIZATIONS

ARTICLE 30

The Assembly may authorize the Executive Secretary, as it deems beneficial to the Group, to establish and strengthen partnerships, coordination and information with other international agencies, with a view to achieving the best possible cooperation between the Group and the other agencies, in particular with the International Sugar Organization, the United Nations Conference on Trade and Development, the Common Fund for Commodities, the World Trade Organization, and others considered.

CHAPTER IX

FINAL PROVISIONS

ARTICLE 31. FIRMA

The present Statutes will be open for signature by all countries of Latin America and the Caribbean, producing sugar and derivatives, and will continue to be open for signature by those countries in the Secretariat for Foreign Affairs of the United Mexican States, the headquarters country of the Secretariat of the Group. At the signing ceremony, the representatives of the countries will indicate whether the signature will be subject to ratification. The Secretariat shall notify Member Countries and the Executive Secretary of the Panel of each signature.

ARTICLE 32. RATIFICATION

These Statutes shall be subject to ratification by the signatory countries. The instruments of ratification shall be submitted for deposit to the Ministry of Foreign Affairs of the United Mexican States, which is currently designated as Depositary.

Any country that does not sign the present Statutes before their entry into force, in accordance with Article 33, may accede to them at any time, by depositing the instrument of accession to the Ministry of Foreign Affairs of the United Mexican States.

ARTICLE 33. IN VIGOR

These Statutes shall enter into force on the date on which they have been ratified by two thirds of the Governments of the Countries entitled to vote.

Countries whose Governments should ratify the present Statutes, in accordance with their existing legal provisions, shall be considered as interim Members of the Group, with full rights and obligations, from the date on which they subscribe and to the time they acquire the quality of Member Countries by depositing the respective instrument of ratification.

For those Countries whose instruments of ratification or accession are deposited after the entry into force of these Statutes, they shall enter into force on the date of deposit of their instruments of ratification or accession.

The Secretariat for Foreign Affairs of the United Mexican States, as Depositary, shall promptly notify all Member Countries of any signature, ratification, accession, entry into force, modification and voluntary withdrawal of these Statutes.

ARTICLE 34. BOOKS

Reservations may not be made in respect of any of the provisions of these Statutes.

ARTICLE 35. RETIRO VOLUNTARIO

Each Member Country may withdraw from the Group and denounce these Statutes at any time, upon written notification addressed to the Depositary, who shall transmit it to Member Countries and the Executive Secretary.

The withdrawal and denunciation shall take effect 90 days after the notification by the Depositary has been received.

ARTICLE 36. ACCOUNTS

In the event of the withdrawal of a Member Country, the Secretariat and the Member Country shall make any adjustments in the accounts to which it takes place within 90 days of the preceding article.

No Member country that has withdrawn shall have the right to receive any part of the proceeds of the liquidation of the Panel or of the assets thereof.

ARTICLE 37. STATUTARY REFORMS AND AMENDMENTS.

Each Member Country may propose amendments to the present Statutes.

Amendments to the Statutes adopted by the Assembly shall be formalized in protocols that shall enter into force once they have been accepted by two thirds of the Member Countries, by depositing the respective instrument in the Ministry of Foreign Affairs of the United Mexican States.

Member countries that accept the amendments after the date of their entry into force shall apply to them from the date of deposit of their instrument of acceptance.

ARTICLE 38. IDIOMES

Those of their Member Countries are official languages of GEPLACEA.

ARTICLE 39. DURATION AND TERMINATION

(1) These Statutes shall apply indefinitely;

(2) The Assembly may at any time, by a majority of two thirds of the Member Countries entitled to vote, declare dissolved the Group and terminated the present Regulations; and

(3) Despite the dissolution of the Panel and the termination of these Statutes, the Assembly will continue to exist as long as it is required to liquidate the Panel and dispose of its assets. During that period, the Assembly will have all the necessary healing powers for that purpose.