Key Benefits:
DECREE NO 3,752, DE February 16, 2001
Extends the duration of the International Tropical Timber Agreement, signed in Geneva, on January 26, 1994 and promulgated by Decree No. 2,707 of August 4, 1998.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso IV, of the Constitution,
Considering that the International Tropical Timber Agreement was signed in Geneva on January 26, 1994, and entered into international vigor in 1º January 1997 ;
Considering that the multilateral act in epitographic was approved by Legislative Decree no 68 of November 4, 1997 and promulgated by Decree No. 2,707 of August 4, 1998 ;
Whereas, by Decision 4 (XXVIII), the International Council of Tropical Timber, in the use of the award conferring it on art. 46 (2) of the Agreement in epitographic, resolved to extend its duration for three years, from 1º January 2001,
DECRETA:
Art. 1º It shall be extended to the duration of the International Tropical Timber Agreement, attached by copy to this Decree, by the three-year deadline, to be counted from 1º January 2001.
Art. 2º This Decree goes into effect on the date of its publication.
Brasilia, February 16, 2001 ; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Celso Lafer
International Agreement of Tropical Timber AIMT, 1997
Index
Prefation
Chapter 1: Goals
Artigo1? Objectives
Chapter II Definitions
Article 2? Definitions
Chapter III Organization and management
Article 3? Headquarters and Structure of the International Tropical Timber Organization
Article 4? Organization members
Article 5? Organization Intergorvernamental Members
Chapter IV? International Tropical Timber Board
Article 6? Composition of the National Tropical Timber Board
Article 7? Powers and Functions of the Council
Article 8? President and Vice President of the Council
Article 9? Council sessions
Article 10? Distributions of Votes
Article 12? Decisions and Recommendations of the Council
Article 13? Quorum for the Council
Article 14? Co-operation and Coordination with
Article 15? Admission of Observers
Article 16? Executive Director and Employees
Chapter V: Privileges and Immunities
Chapter VI: Finance
Article 18? Financial accounts
Article 19? Management Account
Article 20? Special Account
Article 21? Bali Partnership Fund
Article 22? Forms of Payment
Article 23? Audit and Presentation of Accounts
Chapter VII? Operational Activities
Article 24? Policy Development in Organization
Article 25? Organization Project Activities
Article 26? Establishment of the Committees
Article 27? Functions of the Committees
Chapter VIII: Relationship with the Common Fund of Base Products
Article 28? Relationship with the Common Base Products Fund
Chapter IX: Statistics, Studies and Information
Article 29? Statistics, Studies and Information
Article 30? Annual Report and Revision
Chapter X: Various
Article 31? Complaints and Disputes
Article 32? General obligations of members
Article 33? Exemption from Obligations
Article 34? Differential Measures of Corrections and Special Measures
Article 35? Review
Article 36? Non-Discrimination Chapter XI: Concluding Clauses
Article 37:-Depository
Article 38? Signature, Ratification, Acceptance and Approval
Article 39? Access
Article 40? Notification of Interim Application Article 41Entrada in Vigor
Article 42? Amendments
Article 43? Retreat
Article 44? Exclusion
Article 45? Reckoning of Accounts with Members who have Retook or Were Deleted or Disabled Members of Accepting an amendment
Article 46? Duration, Extension and End
Article 47? Reservation of Law
Article 48? Superior and transitional clauses
Annex A? Ratio of Producers with Tropical Forestry Resources and / or Exporters
Liquid of Tropical wood in Terms of Volume, and Allocation of Votes the Prodeposits of Article 41.
Annex B? Consumer Countries and Allocation of Votes for Article 41 Proposals.
Recalling the Declaration and the Action Program for the Establishment of a New International Economic Order, the Integrated Program for Base Products, A New Partnership for Development, Cartagena's Commitment and the relevant objectives contained in the Spirit of Cartagena ;
Recalling the 1983 International Tropical Timber Agreement, and recognizing the work of the International Tropical Timber Organization and its accomplishments since its inception, including a strategy to target trade international tropical wood give sources of sustainable manejo ;
Recalling further the Rio Declaration on the Environment and Development, the Declaration of Principles with Authority, Non-Jurily Mandatory, for a Global Consense on Manejo, Conservation and Sustainable Development of all Types of Forests, as well as the relevant chapters of Agenda 21 as adopted by the United Nations Conference on Environment and Development in June 1992 in Rio de Janeiro ; the United Nations Framework Convention on the Change of Climate ; and the Convention on Biodiversity.
Recognizing the importance of wood for the economies of the countries with wood-producing forests ;
Recognizing further the need to promote and apply comparable and appropriate guidelines and criteria for the manejo, conservation and sustainable development of all types of wood producing forests ;
Considering the links between trade in tropical timber and the international timber market, as well as the need to have a global outlook to increase the transparency of the international timber market ;
Taking note of the commitment, assumed in Bali, Indonesia, in May 1990, by all members, of reaching the export of tropical timber products from sustainable manejo sources by the year 2,000, and recognizing the Principle 10 of the Declaration of Principles with Authority, Not Legally Mandatory, for a Global Consensus on Manejo, Conservation and Sustainable Development of all Types of Forests, which states that new and additional financial resources should be provided to developing countries to enable them to handle, conserve sustainably their forests, including by means of afforestation, reforestation and combating deforestation, and to degradation of soil and forest ;
Taking note also of the declaration of the commitment made by the consumer members who are Parties to the International Tropical Timber Agreement of 1983, on the fourth if the United Nations Conference for the Negotiation of an Agreement Successor to the 1983 International Tropical Timber Agreement, on January 21, 1994, in Geneva, to maintain or reach, year 2,000, the sustainable manejo of their respective forests ;
Wishing to strengthen the framework of international cooperation and policy development among members, in the search for solutions to the problems facing the economy of tropical wood ;
Wake up the following:
Chapter 1
Goals
Article 1
Goals
Recognized the sovereignty of members on their natural resources, as defined Principle 1 (a) of the Declaration of Principles with Authority, Non-Jurily Mandatory, for Global Consense on Manejo, Conservation and Sustainable Development of all Forestry Types, the objectives of the International Tropical Timber Agreement, 1994 (hereinafter referred to as "this Agreement") are:
a) Provide an effective framework for consultation, international cooperation and policy development among all members with regard to all relevant aspects of the world wood economy ;
b) Provide a forum for consultation for the promotion of non-discriminatory practices of wood trading ;
c) Contribution to the sustainable development process ;
d) Increment the capacity of members, so that they can implement a strategy to achieve exports of tropical timber and tropical timber products from sources manned sustainably, by the year 2000 ;
e) Promoting the expansion and diversification of international trade of tropical timber sources maneuvered sustainably, by improving the structural conditions of international markets, taking into consideration, on the one hand, the long-term increase in consumption continuity of supply, and, on the other hand, prices that reflect the costs of sustainable forest management and that they are remunerative and equal for members, as well as improved market access ;
f) Promote and support research and development aiming at the improvement of forest manejo to the efficiency of wood use, as well as increased conservation capacity and the highlighting of other forest values in forests tropical producers of timbers ;
g) Develop and contribute to the promotion of mechanisms with a view to providing new and additional financial resources, in addition to the knowledge needed to increase the capacity of the producers to achieve the goals established by this Agreement ;
h) Improving the market information system, aiming to ensure greater transparency of the international timber market, including the collection, compilation and dissemination of data concerning trade, including data concerning the species that are being traded ;
i) Promote the increase and additional processing of sustainable tropical timber in the producer member countries, aiming to promote their industrialization and thus he their employment opportunities and export gains ;
j) Encourage members to support and develop industrial reforestation of tropical woods and forest manejo activities, as well as the rehabilitation of degraded forest soils taking due consideration to interests of the local communities, which depend on forest resources ;
k) Improve the marketing and distribution of exports of tropical timber from sustainable manejo sources ;
l) Encourage members to develop national policies aimed at the sustainable conservation of wood producing forests and their genetic resources, well c maintain the ecological balance in the relevant regions, in the context of tropical timber trade
m) Promoting access and transfer of technologies and technical cooperation, implement the objectives of this Agreement, including in concessional terms and conditions and prefer mutually agreed upon, and ;
n) Encourage the dissemination of information on the international timber market.
Chapter 11
Definitions
Article 2
For the purposes of this Agreement:
1. "Tropical wood, " means non-coniferous tropical wood for industrial use, which grows or is produced in countries situated between the Tropic of Cancer and the Tropic of Capricorn. The term if Te: the trunks, sawdust, wooden veneer and plywood. Compensates that include some proportion of conifers of tropical origin, will also be covered by this definition ;
2. "Additional processing, " means the transformation of the trunks into wood primary products, finished and semi-finished products made entirely or almost entirely of tropical wood ;
3. ""Members" means a Government or Intergovernmental Organization, as referred to Article 5, which has consented to link to this Agreement in a provisional or definitive manner ;
4. "Producer Member ` means any country with tropical forest resources and / or a voluminous liquid export of tropical timber, which is listed in Annex A and which is part of this Agreement, or any country that possessions forest resources tropical and / or a voluminous liquid exportation of tropical wood which is not related in Annex A, which takes part in this Agreement, which the Council, with the consent of the country in question, declares to be a producer member ;
5. "Member Consumer " means any country related to Annex B, which becomes part of this Agreement, or any unrelated country in Annex B, which takes part in this Agreement and that the Council, with the consent of the parents in question, declare to be uni consumer member ;
6. "Organization " means the International Tropical Timber Organization, established in accordance with Article 3 ;
7. "Council, " means the International Council for Tropical Timber, established in accordance with Article 6 ;
8. "Special vote " means a vote requiring at least two-thirds of the votes deposited by the present and voting producer members, and at least 60% of the votes deposited by the present and voting member consumers, counted separately, provided that these votes are deposited by at least half of the present and voting producer members and PC minus half of the present and voting consumer members,
9. "Voting by Simple Distributed Majority, " means a vote that requires more than half of the votes deposited by the present and voting producer members, as well as more than half of the votes deposited by the present and voting member consumers, counted separately ;
10. "Fiscal Year, " means the period of 1st. from January to December 31 inclusive ;
"Freely Usable Coins" means the German Marco, the French Franco, Japanese Iene the Libra sterling, the American Dollar, and any other currency in a timely manner designated by a competent international monetary organization, as being of broad use in international transaction payments and widely marketed in major foreign exchange markets.
Chapter III
Organization and Administrati
Article 3
Headquarters and Structure of the International Tropical Timber Organization
1. The International Tropical Timber Organization, established by the 1983 International Tropical Timber Agreement, will continue to exist for the purpose of administering the clauses of this Agreement and overseeing the operation of the Agreement.
2. The Organization shall operate through the Council established under Article 6, of the committees and other subsidiary bodies mentioned in Article 26, as well as of the Executive Director and officials.
3. The headquarters of the Organization will be in Yokohama, unless the Council by special vote, determines otherwise.
4. The headquarters of the Organization should always be located in the territory of a member.
Article 4
Organization Members
There will be two categories of members in the Organization, namely:
a) Producer
b) Consumer
Article 5
Member Intergovernmental Organizations
1. Any reference in this Agreement to "Governments" shall be construed as including European Community and any other Intergovernmental Organization with responsibilities with regard to the negotiation, conclusion and implementation of international agreements, in particular agreements on basic products. Similarly, any reference in this Agreement to the signing, ratification, acceptance or approval, or notification of provisional application, or accession, in the case of such Intergovernmental Organizations, shall be construed as including a reference to the signature, ratification, acceptance or approval, or notification of provisional application or membership by such Intergovernmental Organization
2. In the case of voting on matters within its competence, such Intergovernmental Organizations shall vote with a number of votes equal to that of the total number of votes allocated to its Member States in accordance with Article 10. In such cases, the Member States of such Intergovernmental Organizations shall not have the right to exercise their right to individual voting.
Chapter IV
International Board of Tropical Timers
Article 6
Composition of the International Council of Tropical Timber
1. The most important authority of the Organization will be the International Council for Tropical Timber, which will consist of all members of the Organization.
2. Each member shall be represented on the Board by a representative and may appoint alternates or advisors to attend the sessions of the Council.
3. A supplier representative will be empowered to act and vote on behalf of the representative during the absence of this or in special circumstances.
Article 7
Powers and Functions of the Council
1. The Council shall exercise all powers and shall act or arrange for the full exercise of all functions necessary for the performance of the clauses of this Agreement.
2. The Council, by special vote, shall adopt the necessary standards and regulations for the implementation of the clauses of this Agreement, always in accordance with the same, including its own rules of procedures and financial standards, as well as the regulation governing the Organization staff. Such financial standards should, inter alia, administer the revenue and spending of the funds of the Management Account, Special Account and the Bali Partnership Fund. The Council may, in its procedures for procedures, establish a procedure by which, without meeting, it may decide on specific issues.
3. The Council shall maintain the records necessary for the performance of its duties under this Agreement.
Article 8
President and Vice President of the Council
1. The Council shall elect for each calendar year a President and a Vice-President, whose salaries will not be paid by the Organization.
2. The President and the Vice-President shall be elected, one among the representatives of the producer members and the other among the representatives of the consumer members. Such posts each year shall be alternated between the two categories of members, provided that such a procedure does not prevent the re-election of either or both, under exceptional circumstances, by means of a special vote of the Council.
3. In the temporary absence of the President, the Vice President will act in his place. In the temporary absence of both the President and the Vice-President, or in the absence of one or both of the remainder of the mandate for which they have been elected, the Council will be able to elect new leaders from among the representatives of the producer members and / or among the members of the representatives of the consumer members as per the case, tentatively or for the remainder of the mandate for which their predecessor or predecessors were elected.
Article 9
Council Sessions
1. As a general standard, the Council will have each year at least one regular meeting.
2. The Council shall meet in special sessions whenever so it is decided or by request:
a) of the Executive Director, with the consent of the President of the Council, or ;
b) of a majority of producer members, or of a majority of consumer members, or ;
c) of the members who hold at least 500 votes.
3. Meetings of the Council shall be held at the Organization's headquarters unless the Council, by special vote, decides otherwise. If, at the invitation of some Member, the Council meets in another place other than the seat of the Organization, that Member shall pay for the additional costs entailing the holding of the meeting outside the Organization's
4. Notices on any meetings and on the agenda for such sessions should be communicated to the members by the Chief Executive Officer at least six weeks in advance, except in the emergency cases, when the notice can be communicated with by the less seven days in advance.
Article 10
Voting Distribution
1. Producer members must deter all 1,000 votes and consumers will hold all 1000 votes.
2. The votes of the producer members will be distributed in the following way:
a) Quatrohundred votes will be distributed equally between the three producing regions, namely Africa, Asia-Pacific and Latin America. The votes thus allocated for each of these regions should also be distributed among the producer members of each region ;
b) Trezent votes will be distributed among the producer members in accordance with their respective holdings in the total resources of the tropical forests of all the producer members, and ;
c) Trezent votes will be distributed among producer members in the proportion of the average of the values of their net exports of tropical wood during the most recent three-year period, for which definitive data exist.
3. Notwithstanding, the provisions of paragraph 2 of this Article, the total votes allocated to the producer members of the African region, calculated in accordance with paragraph 2 of this Article, shall be distributed equally between all members producers in the African regi Should there be any remaining votes, those votes shall be allocated to producer members of the African Region: the first, the producer member who has the highest number of votes, in accordance with the provisions of paragraph 2 of this Article ; the second, to the producer member who have the second highest number of votes ; and so on until all the remaining votes are distributed.
4. For the calculation of the distribution of the votes, as per paragraph 2 (b) of this Article, "tropical forest resources" means closed forest production of wide leaves as defined by the Organization for Food and Agriculture (FAO).
5. The votes of the consumer members will be distributed as follows: each consumed members will have 10 initial votes ; the remaining votes will be distributed among the members in the proportion of the average volume of their respective net imports of tropical wood, over a period of three years, counted from four years before the distribution of the votes.
6. The Board shall distribute the votes for each Fiscal Year at the beginning of its first session of that year in accordance with the provisions of this Article. Such distribution shall remain in force for the remainder of the year, in exception the provisions of paragraph 7 of this Article.
7. Whenever there is change within the framework of members of the Organization, or when or any member has his right to vote suspended or re-established under any of the clauses of this Agreement, the Council shall redistribute the votes within the category or categories affected by members under the provisions of this Article. The Council will, in that case, decide when such redistribution will take effect.
8. There will be no fractional votes.
Article 11
Council Voting Procedure
1. .Each member shall have the right to deposit the number of votes it detains, and no member shall have the right to divide their votes. A member, however, may defeently vote any vote which is authorized to deposit under paragraph 2 of this Article.
2. Through written notification addressed to the President of the Council, any producer member may authorize, under his total responsibility, any other producer member, and any consumer member may' authorize, under his / her total responsibility, any other consumer member, to represent their interests and to deposit their votes in any of the meetings of the Council.
3. In the event of abstention, it will be considered that the member did not deposit his vote.
Article 12
Council Decisions and Recommendations
1. The Council will engage in making all the decisions and will make all recommendations by consensus. Should there be no consensus, the Council will take all decisions and make all recommendations by means of the simple majority distributed unless this Agreement provides for special voting.
2. When a member is worth the provisions of Article 11, paragraph 2, and their votes are deposited at a meeting of the Board, that member, pursuant to the first paragraph of this Article, shall be considered present and voting.
Article 13
Quorum for the Council
1. Quorum for any meeting of the Council shall be that of the presence of a majority of the members of each category mentioned by Article 4, provided that such members have at least two-thirds of the total votes in their respective categories.
2. In case there is no quorum, second what is determined by the first paragraph of this Article, on the day set for the meeting as well as the next day, the quorum for the subsequent days of the meeting will be that of the presence of the majority of the members of each category mentioned by Article 4, provided that such members hold the majority of the total votes of their respective categories.
3. Representation under Article 11, paragraph 2, shall be considered as presence.
Article 14
Co-operative and Coordination with Other Organ
1. The Council will make the necessary arrangements for consultations and cooperation with the United Nations and its bodies, including the United Nations Conference on Trade and Development (UNCTAD), and the Suspended Development Commission (CSD) Organizations Intergovernmental, including the General Agreement on Tariffs and Trade (GATT) and the Convention on the International Trade in Endangered Wildlife Species of Flora and Fauna (CITES), and Non-Governmental Organisations.
2. The Organization should, at the limit of its possibilities, use the existing facilities, services and expertise of existing intergovernmental, governmental or non-governmental organizations, seeking to avoid the duplicity of efforts aimed at to achieve the objectives of this Agreement, and to increase the complementarity and efficiency of its services.
Article 15
Admission of Observers
The Council may invite any non-member Government or any of the organizations mentioned in Articles 14, 20 and 29, interested in the activities of the Organization, to participate, as observers, in any of the meetings of the Council.
Article 16
Executive Director and Employees
1. The Council shall, by special vote, indicate the Executive Director.
2. The terms and conditions of the indication of the Executive Director shall be determined by the Council.
3. The Managing Director shall be the administrative head of the Organization and shall respond before the Council by the administration and implementation in the form of the Council
4. The Executive Director shall indicate the staff of officials in accordance with the standards to be established by the Board. The Council shall decide, by special vote, the number of executives and professionals that the Executive Director will be able to appoint. Any changes in the number of executives and professionals should be decided by the Council, by special vote. The staff of employees will be the responsibility of the Chief Executive Officer.
5. Neither the Chief Executive Officer nor any member of the staff team may have any financial interest in the industry, timber trade, or related business activities.
6. In the performance of their duties, the Chief Executive Officer and the officials shall not seek or receive instructions from any member or external authority to the Organization. They must refrain from any actions that may reflect adversely on their positions of international officials, ultimately responsible to the Council. Each member shall respect the uniquely international character of the responsibilities of the Executive Director as well as of the officials, and shall not attempt to exert influence on them in the performance of their duties.
Chapter V
Privileges and-Immunities
Article 17
Privileges and Immunities
1. The organization will have legal It will in particular have the ability to hire purchase of movable and immovable property, and to institute legal procedures.
2. The status, privileges and immunities of the Organization, its Chief Executive Officer, its officials and experts, and of the representatives of the members while on the territory of Japan, will continue to be regulated by the Seed Agreement between the Government of the Japan and the International organization of Tropical Wood, signed in Tokyo on February 27, 1988, with the amendments necessary for the proper functioning of that Agreement.
3. The Organization may conclude, with one or more countries, agreements to be proven by the Council, concerning the capacity, privileges and immunities as necessary for the proper functioning of that Agreement.
4. Should the seat of the Organization be transferred to another country, the member in question will negotiate with the Organization as soon as possible, a headquarters agreement to be approved by the Council. Until the conclusion of that agreement, the Organization will ask the new host Government to ensure, within the limits of its national legislation, the exemption of payment of fees on the remuneration paid to employees of the Organization, as well as on the heritage, income and other assets of the Organization.
5. The Sede Agreement will be independent of this Agreement. However, it will conclude:
a) By agreement between the host government and the Organization ;
(b) In the case of the seat of the Organization being withdrawal from the host government country ; or
c) In the case of the Organization no longer exist.
Chapter VI
Finance
Article 18
Financial Accounts
1. Will be established:
a) The Account of Management ;
b) The Special Account ;
c) The Bali Partnership Fund, and
d) Other accounts that the Council departs appropriate and necessary.
2. The Executive Director will be in charge of the administration of these accounts and the Council will have it on this in the Organization's financial standards
Article 19
Management Account
1. The expenses required for the administration of this Agreement shall be effected by the Management Account and met by annual contributions paid by the members, in accordance with their respective constitutional and institutional procedures, which shall be fixed as per paragraphs 3, 4 and 5 of this Article.
2. The expenses of the Council delegations, committees and other subsidiary bodies to the Council, mentioned in Article 26, shall be met by the interested members. In the event that a member asks the Organization for special services, the Council will ask that member to pay the costs of such services.
3. Before the end of each fiscal year, the Council may approve the administrative budget of the Organization for the following fiscal year and shall fix the contribution of each member to the said budget.
4. The contribution of each member to the administrative budget, in each fiscal year, shall be calculated in the proportion of the number of their votes, with respect to the total votes of all members, on the date on which the administrative budget is approved for that fiscal year. When fixing the contributions, the votes of each member shall be calculated without considering the suspension of the right to vote of any member or the redistribution of votes resulting from it.
5. The initial contribution of any member joining the Organization after the entry into force of this Agreement, shall be fixed by the Council on the basis of the number of votes allocated to that new member and in the remaining period of the fiscal year, however the calculation for other members in the current fiscal year will remain unchanged
6. The contributions to the administrative budget will be due on the first day of each fiscal year. Contributions relating to the fiscal year in which they take members of the Organization shall be due on the date of accession.
7. Should a member not fully pay his / her contribution to the administrative budget within four months after maturity, as laid down in paragraph 6 of this Article, the Executive Director shall request that the member to make the payment the most soon possible. If such a member does not pay within two months from that request, he will be urged to state the reasons that prevented the payment. If at the end of seven months of delay, from the date of maturity of the contribution, that member has not yet paid his contribution, his right to vote shall be suspended until he has paid in full his contribution, unless the Board, by special vote, come to decide otherwise. If, on the contrary, a member has paid his full contribution to the administrative budget, within the period of four months of the maturity of the same, the contribution of that member, pursuant to paragraph 6 of this Article, shall have a discount to be determined by the Council, as per the financial standards of the Organiz
8. A member whose right to vote has been suspended under paragraph 7 of this Article, he remains obliged to pay his contribution.
Article 20
Special Account
1.Haverá two sub-accounts under the Special Account title:
a) The Pre-Projects Sub-Account and
b) The Sub-Account of Projects.
2. The sources of funding for the Special Account can be:
a) The Common Fund of Base Products ;
b) Regional and International Financial Institutions, and
c) Volunteer contributions.
3.Os Special Account features will only be used for Pre-Projects or approved Projects.
4.Todas Pre-Project Sub-Account expenses will be reimbursed by the Projects Sub-Account, in case the projects are subsequently approved and funded. If, within six months of the entry into force of this Agreement, the Council does not receive funds for the Sub-Project Sub-Account, it will review the situation and take the relevant decisions.
5.Todos the receipts relative to specifically identifiable Pre-Projects or Projects, under the Special Account, will have to be included in this Account. All expenses of these Projects or Pre-Projects, including expenses for remuneration and travel of consultants and specialists, will be debited to the same Account.
6.O Council, by special vote, shall establish the terms and conditions in which it may, where appropriate, sponsor projects for funded loans, in which a member or members have voluntarily assumed in their totality obligations and responsibilities for those loans. The Organization will have no obligation on these loans.
7.O Council may indicate and sponsor any entity, with the consent of this, to participate in one or more members, to receive loans for the financing of approved projects, taking over the entity all obligations involved, but reserved to the Organization the right to monitor the use of resources and to monitor the implementation of the funded projects. The Organization, however, will not be responsible for warranties voluntarily offered by individual members or other entities.
8.Nenhum member will be responsible, for being part of the Organization, for any increase in obligations arising from loans taken or granted by other members or entities, in connection with projects.
9.No case of voluntary funds and without specific destination being offered the Organization, the Council can accept them. These funds could be employed in approved Projects and Preprojects.
10.O-Executive Director shall engage in the search, observed the terms and conditions laid down by the Council, of adequate and guaranteed financial resources for Projects and Projects approved by the Council.
11.Contribuições for approved specific Projects will be used only in the projects for which they were originally offered, unless the Council decides differently with the agreement of who made the contribution. Upon completion of a Project, the Organization will return to each taxpayer of the Specific Projects the balance of the remaining funds, prorated by each taxpayer in the proportion of their share in the total available for the financing of the Project, unless agreed, in another way with the taxpayer.
Article 21
Bali Partnership Fund
1.Fica established a fund for the sustainable manejo of tropical wood producing forests, to assist producer members to make the necessary investments to achieve the objective of Article 1 (d) of this Agreement.
2.O Fund will be constituted of:
a) Contribution of donor members ;
b) Fifty percent of revenue arising from activities relating to the Special Account ;
c) Resources from other private and public sources that the Organization will be able to accept as long as they are in accordance with its financial standards.
3.Os resources from the Bali Fund will be allocated by the Council solely for Preprojects and Projects, for the purposes set out in the first paragraph of this Article, and that are approved under Article 25.
4.Na allocation of resources from the Fund, the Council will take into consideration:
a) The special needs of the members, whose contribution from the forest sector to their economies is adversely affected by the implementation of the strategy of achieving tropical timber exports and tropical wood products of sustainable manejo sources by the year 2,000.
b) The needs of the members with significant forest area that have established conservation programs in the wood production forests.
5.O Council will annually examine the adequacy of resources available to the Fund and engage in the achievement of additional resources required for producer members to achieve the Fund's purposes. The ability of the members to implement. the strategy mentioned in paragraph 4 (a) of this Article will be influenced by the availability of resources.
6.O Council shall establish financial policies and standards for the operationalization of the fund, including standards covering the reckoning, termination or expiry of this Agreement.
Article 22
Forms of Payment
1.As contributions made to Management Account will be able to be paid in free and current currency, and will be exempt from any exchange restrictions.
2.As Financial contributions to the Special Account and to the Bali Partnership Fund will be payable in free and current use currencies, and will be exempt from any foreign exchange restrictions.
3.O Council may also decide whether to accept other forms of contributions to the Special Account or to the Bali Partnership Fund, including scientific and technical equipment or personnel, which meet the requirements of Projects approved.
Article 23
Auditing and Presentation of Accounts
1.O Council will appoint independent auditors to audit on the Organization's accounts.
2. Independently audited reports of the Management Account, Special Account and the Bali Partnership Fund will be made available to members, as soon as possible after the end of the fiscal year, before after six months of that date, and will be submitted to the Council's approval, at their next meeting, as it is fit. A summary of the audited accounts and balance will be published after that.
Chapter VII
Operational Activities
Article 24
Policy Development in the Organization
With the purpose of achieving the objectives set out in the Article first, the Organization will carry out policy development work and project activities in the areas of economic information and information systems of market, reforestation and forest and forest industry, in a balanced manner, so as to integrate, as far as possible, the development of policies with project activities.
Article 25
Organization Project Activities
1.Tendo present the needs of developing countries, members will be able to submit proposals for Pre-Projects and Projects to the Council in the fields of research and development, the market information system, processing additional and growing timber in the producing member countries, and reforestation and forest manejo. Pre-Projects and Projects should contribute in order to achieve one or more objectives of this Agreement.
2.O Council, when approving Pre-Projects and Projects, should take into consideration:
a) Its relevance to the objectives of this Agreement ;
b) Its environmental and social effects
c) The desirability of maintaining an appropriate geographical balance ;
d) The interests and characteristics of each developing region in development ;
e) The convenience of a balanced distribution of resources between fields
mentioned in paragraph 1 of this Article ;
f) Your cost-benefit, and
g) The need to avoid duplication of efforts.
3.O Council should establish a timetable and a procedure for presentation,
evaluation and prioritization of Pre-Projects and Projects that need Organization funds, as well as
for your implementation, monitoring and assessment. The Council will decide on the approval of Pre-Projects and Projects for funding and sponsorship, pursuant to the provisions of Articles 20 or 21.
4.O-Executive Director may suspend the release of Organization funds for a Pre-Project or Project, if they are being used contrary to project documentation or in cases of fraud, waste, negligence or bad management. The Managing Director will submit to the Council's consideration, at its next meeting, a report. The Council shall take appropriate action.
5.O Council, by special vote, will be able to cancel your sponsorship to any Project or Pre-Project.
Article 26
Establishment of Committees
1.Os Committees ora established by the Organization are as follows:
a) Committee on Economic Information and Information System of the Market ;
b) Committee on Reflorestation and Forest Manejo ;
c) Committee on Forestry Industry, and
d) Committee on Finance and Administration.
2.O Council, by special vote, will be able to establish other subsidiary committees and bodies that it judges appropriate and necessary.
3.A participation in each committee will be open to all members. The standards of the procedures of the committees shall be decided by the Council.
4.Os committees and the subsidiary bodies mentioned in paragraphs 1 and 2 of this Article shall be accountable to the Council and shall work under the general direction of the latter. The meetings of the committee and subsidiary bodies will be convened by the Council.
Article 27
Functions of the Committees
1.O Economic Information Committee and Market Information System should:
a) Manter under constant review the availability and quality of statistics and other information necessary to the Organization ;
b) Analyze the statistical data and specific indicators selected by the Council for the monitoring of international wood trade ;
c) Manter under continuous review the international timber market, its present situation and the near-term outlook, based on the data mentioned in sub-paragraph (b) above and other relevant information, including information on informal trade ;
d) Make recommendations to the Council on the need and nature of appropriate studies on tropical wood, including prices, market elasticity, product replacement potential in the market, commercialization of new products and long-term prospects for the international tropical timber market ; and monitor and review studies commissioned by the Council.
e) Realize any other tasks related to the economic, technical and statistical aspects of the wood, as per Council determination,
f) Assist in providing technical cooperation for improvement of relevant statistical services of developing member countries.
2.O Committee on Reflorestation and Forest Manejo should:
a) Promoting cooperation between members as partners in the development -of forest activities in member countries, inter alia, in the following areas:
I) Reflorestation ;
II) Rehabilitation ;
III) Forest Manejo ;
b) Encourage increased technical assistance and the transfer of technology in the fields of reforestation and forest manejo in developing countries ;
c) Follow up on the ongoing activities in this field, and identify and examine problems and possible solutions in cooperation with the competent organizations,
d) regularly Resee the invoices of international trade, industrialized tropical wood, and identify and examine, on that basis, possible schemes and appropriate measures in the field of reforestation, rehabilitation and forest manap ;
e) Facilitating the transfer of knowledge in the field of reforestation and forest manejo, with the assistance of competent organizations ;
f) Coordination and harmonize these activities for cooperation, in the field of reforestation and forest manure, with the relevant activities exerted guns, such as those under the auspices of the Organization for Food and Agriculture (FAO), United Nations Environmental Programme (UNEP), World Bank, United Nations Development Programme (UNDP), regional development banks and other competent organizations.
3.O Forestry Industry Committee should:
a) Promote cooperation between member countries as partners in the development of processing activities in the producing member countries, inter alia, in the following areas:
I) Development of production by means of technology transfer ;
II) Development and training of human resources ;
III) Padronization of the nomenclature of tropical timber ;
IV) Harmonization of specifications of processed products ;
V) Stimulus to joint investments and endeavors ;
VI) Marketing, including the promotion of lesser-known species and used.
b) Promote the exchange of information to facilitate the structural changes involved in further and growing processing, of interest of all member countries and, in particular, of developing member countries ;
c) Follow up on the ongoing activities in this field, and identify and examine problems and possible solutions in cooperation with the competent organizations ;
d) Encourage the increase in technical cooperation for the processing of tropical timber for the benefit of the producer member countries.
4.Para promote the development work of policies and projects of the Organization in a balanced manner, the Economic Information and Information System Committee, the Reflorestation Committee and the Forest Manar and the Committee of Forestry Industry should:
a) Respond to the assurance of an appreciation, monitoring and effective evaluation of the Pre-Projects and Projects ;
b) To make recommendations to the Council regarding the Preprojects and Projects ;
c) Follow up the implementation of Pre-Projects and Projects and respond by the collection dissemination of their results as widely as possible, for the benefit of all members ;
d) Develop and take forward the ideas of Council policies ;
e) Rever regularly the results of the Projects and policy development work and make recommendations to the Council on the future of the Organization program ;
f) regularly review the strategies, criteria, and areas of priorities for the development of programs and work projects contained in the Organization's Action Plan, and recommend revisions to the Council ;
g) Taking into consideration the need to strengthen the process of empowering human resources development in member countries ;
h) Run any other tasks concerning the objectives of this Agreement assigned to them by the Council.
5.A research and development will be a common function to the Committees mentioned in paragraphs 1, 2 and 3 of this Article.
6.O Finance and Administration Committee should:
a) Examining and making recommendations to the Council on the approval of the proposals is the administrative budget of the Organization and the operations of the Organization ;
b) Rever the Organization's assets to ensure its prudent administration and that Organization has sufficient reserves to carry out its work ;
c) Examining and making recommendations to the Council on the budgetary implications of the Organization's annual work program, and the actions that can be taken to maintain the resources needed to implement it ;
d) Recommendate to the Council the choice of independent auditors and review the reports by them held ;
e) Recommendation to the Council modifications which it believes necessary for the Standards of Procedures or the Financial Standards,
f) Rever the Organization's revenue and to assess to what extent this restricts the work of the secretariat.
Chapter VIII
Relationship with the Common Base Products Fund
Article 28
Relationship with the Common Base Products Fund
The Organization should make the most of the resources of the Common Fund of Base Products.
Chapter IX
Statistics, Studies and Information
Article 29
Statistics, Studies and Information
1. The Council will establish a close relationship with intergovernmental, governmental and non-governmental organizations, to help ensure the availability of recent and reliable data and information on tropical timber trade, as well with relevant information on non-tropical wood and the manejo of wood producing forests. As deemed necessary for the operationalization of this Agreement, the Organization, in cooperation with such organizations, is expected to compile, confront and, where relevant, publish, statistical information on production, supply, trade, stocks, consumption and market price of wood, the amount of timber resources and the manejo of wood producing forests.
2.Os members should, as far as possible and compatible with their national legislation, provide, within a reasonable time limit, statistics and information on timber, their trade and activities aimed at attaining the manejo sustainable forest-producing forests, as well as any other relevant information requested by the Council. The Council shall decide on the type of information to be provided, in accordance with this paragraph, and on the format in which it is to be submitted.
3.O Council will arrange for any relevant studies on trends, the short-term and long-term problems of the international timber market and on progression towards the manhandling to be achieved. sustainable forest-producing forests.
Article 30
Annual Report and Review
1.O Council will publish, up to six months after the closing of each year, an annual report of its activities and other information that it believes pertinent.
2.O Council should annually review and determine:
a) The international situation of wood ;
b) Other factors, issues and development considered relevant for the purpose of achieving the objectives of this Agreement.
3. The review is to be carried out in the light of:
a) Information provided by members in relation to national production, trade, supply, stocks, consumption and prices of wood ;
b) Other statistical data and specific indicators provided by members, as requested by the Council ;
c) Information provided by members on their progress in relation to the sustainable manner of their wood-producing forests ;
d) Any other relevant information made available to the Council either directly, or through organizations of the United Nations system and by intergovernmental, governmental or non-governmental organizations.
4.O Council will promote the exchange of views between member countries on:
a) The status. of sustainable manejo, wood-producing forests and correlates issues in member countries ;
b) Resource flows and the requirements in relation to the objectives, criteria and guidelines defined by the Organization.
5.Mediante request, the Council will engage in the broadening of the technical capacity of member states, in particular of developing member states, to obtain the necessary data for the proper sharing of information, including the provisioning for the resource members for training and facilities.
6.Os results of the review should be included in the reports of Council deliberations.
Chapter X
Various
Article 31
Complaints and Disputes
Any claim that any member has ceased to comply with its obligations under this Agreement and any controversy over the interpretation or application of this Agreement will be lead to the decision of the Council. The Council's decisions on these issues will be final and binding.
Article 32
General Obligations of Members
1. Members, while pertaining to this Agreement, must make their best efforts and cooperate to promote the achieving of the objectives of the Agreement and to avoid any action that is contrary to it.
2.Os members undertake to accept and implement the decisions of the Council under the provisions and of this Agreement, and should refrain from implementing measures that have the effect of limiting them or countering them
Article 33
Exemption of Obligations
1. Where necessary, due to exceptional circumstances or an emergency or force majer, not expressly provided for in this Agreement, the Council, by special vote, may dispense with a member of any obligation under this Agreement, if it finds satisfactory explanation of that member for the reasons why the obligation could not be fulfilled.
2.O Council, in granting the exemption to some Member pursuant to paragraph 1 of this Article, should explain the terms, conditions and period by which the member will be relieved of his obligations and the reasons for which the exemption was granted.
Article 34
Differential and Corrective Measures and Special Measures
1.Os importing members from developing countries whose interests are
adversely affected by measures taken under the terms of this Agreement, may request the deferential and corrective Council. The Council shall consider the adoption of appropriate measures of agreement laid down in section III, paragraphs 3 and 4 of resolution 93 (IV) of the United Nations Conference on Trade and Development.
2.Os members of the category of relative smaller developing countries, definition of the United Nations, may ask the Council for special measures under section III, paragraph 4, resolution 93 (IV) and paragraphs 56 and 57 of the Declaration of Paris and Action Programme in the 90 for the Countries of Minor Relative Development.
Article 35
Review
The Council will review the scope of this Agreement 4 years after its entry into force.
Article 36
Non-Discrimination
Nothing in this Agreement authorizes the use of measures to restrict or banish international trade in timber and wood products, and in particular measures related to its import and use.
Chapter XI
Final Clauses
Article 37
Depositary
The Secretary-General of the United Nations shall be designated depositary of this Agreement.
Article 38
Signature, Ratification, Acceptance and Approval
1.Este Agreement will be open, at the United Nations headquarters, from 1' April 1994 to a month after the date of its entry into force, the signing by the Governments invited to the United Nations Conference for the Negotiation of a Successor Agreement to the International Tropical Wood Agreement of 1983.
2.Qualquer Government referred to in paragraph 1 of this Article may:
a) at the time of signing of this Agreement, declare that its signature expresses consent in contrain the obligations of this Agreement (definitive signature), or
b) after signing this Agreement, ratifying it, accepting it or approving it upon deposit of instrument to that end, together with the depositary.
Article 39
Access
1.Este Agreement shall be open for accession by the Governments of all States under the conditions laid down by the Council, which shall include a deadline for the deposit of instruments of accession. The Council may, in the meantime, authorize term extensions for Governments which cannot join within the time limit set out in the conditions for accession.
2.A accession shall take effect by the deposit of instrument of accession, together with the depositary.
Article 40
Provisional Application Notice
A signatory Government seeking to ratify, accept or approve this Agreement, or a Government for which the Council has established conditions of accession but which has not yet been able to deposit its instrument of accession, may, the at any time, notify the depositary that it will apply this Agreement provisionally as soon as the same is in force under Article 41, or, if it is already in force, at a specified date.
Article 41
Input in Vigor
1.Este Agreement shall enter into force definitively on the day first of February 1995 or at a later date, if 1.2 Governments of the producer countries, with at least 55% of the total votes as set out in Annex A of this Agreement, and 16 Governments of the consumer countries, with at least 70% of the total votes, as set out by Annex 13 to this Agreement, have signed it definitively, or ratified, accepted or approved, or even acceding to it, in accordance with the Article 38, paragraph 2, or Article 39.
2.Se this Agreement has not entered into force definitively on the day first of February 1995, will enter into force provisionally on that date or on another date, within six months of then, if 10 Governments of the producing countries, with at least 50% of the total votes, as set out in Annex A to this Agreement, and 1.4 Governments of the consumer countries, with at least 65% of the total votes, as set out by Annex 13 to this Agreement, have signed it definitively, or ratified, accepted or approved, in accordance with that laid down in Article 38, paragraph 2, or notified the depositary under Article 40, of which they shall apply this Agreement provisionally.
3.Se the requirements for the entry into force under paragraph 1 or 2 of this Article have not been met until first of September 1995, the Secretary-General of the United Nations shall invite the Governments which have signed this Article Agreement shall definitely or have it ratified, accepted or approved, in accordance with Article 38, paragraph 2, or that have notified the depositary that they will apply this Agreement provisionally, to meet the latter as soon as possible possible to decide whether this Agreement will enter into force, between them, provisional or definitively, in whole or in part. Governments that decide on the entry into force of this Agreement, tentatively, among them, will be able to meet, from time to time, to review the situation and decide whether the Agreement will enter into force definitively between them.
4.Para the Government which has not notified the depositary, under the provisions of Article 40, that it would apply this Agreement provisionally, and to deposit its instrument of ratification, acceptance, approval or accession after entry into vigour of this Agreement, this Agreement shall enter into force on the date of that deposit.
5. The Executive Director of the Organization should convene the Council as soon as possible after the entry into force of this Agreement.
Article 42
Amendments
1.O Council, by special vote, may recommend to the members amendments to this Agreement.
2.O Council shall fix a cut-off date for the notification to the depositary of acceptance of the amendments by the members.
3.Qualquer amendment shall enter into force 90 days after receipt by the depositary of acceptance notifications by at least two-thirds of the producer members, with a minimum of 75% of the votes of the producer members, and of at least two-thirds of the consumer members, with a minimum of 75% percent of the votes of the consumer members.
4.Após the depositary has informed the Council that the requirements for the entry into force of an amendment have been complied with, and notwithstanding the provisions of paragraph 2 of this Article on the date fixed by the Council, any member may still notify the depositary of their acceptance to the amendment, provided that such notification is made prior to their entry into force.
5.Qualquer member who has not notified its acceptance to an amendment until the date of its entry into force, shall cease to be part of this Agreement from that date unless logre meets the Council that the acceptance cannot be obtained in time due to difficulties in the fulfilment of constitutional or institutional procedures, and the Council decides to extend to this member the deadline for acceptance of the amendment. This member will not be required by the amendment before it has notified its acceptance.
6.Se the requirements for the entry into force of an amendment have not been completed by the date fixed by the Council under paragraph 2 of this Article, the amendment shall be considered withdrawal.
Article 43
Withdrawal
1.Um Member may withdraw from this Agreement at any time after its entry into force, upon written notification of its withdrawal to the depositary. Such a member shall simultaneously inform the Council of the measure taken.
2.A withdrawal will take effect 90 days after receipt of the notification by the depositary.
3.As financial obligations to the Organization, contracted by a member under this Agreement, do not extinguish itself with its withdrawal.
Article 44
Deletion
If the Council decides that a member is in foul with its obligations under this Agreement, and further decides that this is without prejudice to the operationalization of the Agreement, it may, by special vote, exclude such a member of the Agreement. The Council shall then immediately notify the depositary. Six months after the date of the decision of the Council, the excluded member shall cease to be a party to this Agreement.
Article 45
Aver of Accounts with Members who have Retook or were Deleted or Disabled Members of Accepting an Amendment
1.O Council will determine any reckoning with a member that cedes to be part of this Agreement due to:
a) non-acceptance of an amendment to this Agreement under the provisions of Article 42.
(b) withdrawal from this Agreement in accordance with the provisions of Article 43, or
c) exclusion of this Agreement in accordance with the provisions of Article 44.
2. The Board shall retain any contributions paid to the Management Account, Special Account or to the Bali Partnership Fund by the member who cease to be a party to this Agreement.
3. A member who has ceased to be a party to this Agreement, shall not have the right to share from the revenue arising from the liquidation or other assets of the Organization. It will not have the obligation to carry out payment for installation of eventual deficit of the Organization, when the termination of this Agreement.
Article 46
Duration, Extension and End
1.Este Agreement shall remain in force for a period of four years after its entry into force, unless the Council, by special vote, decides to extend it, renegotiate it, or terminate it under the provisions of this Article.
2.O Council, by special vote, may decide to extend this Agreement for two periods of three years each.
3.Se, before the expiration of the four-year period mentioned by paragraph 1 of this Article, or before the expiration of one of the periods of extension mentioned in paragraph 2 of this Article, as the case may be, has been negotiated a new agreement to replace this Agreement, but the new agreement has not yet entered into force definitively or provisionally, the Council, by special vote, may extend the validity of this Agreement until the final or provisional entry into force of the Agreement. new agreement.
4.Se a new agreement is negotiated and enter into force during the period of extension of this Agreement, under paragraphs 2 or 3 of this Article, this Agreement, extended, shall end with the entry into force of the new Agreement.
5.O Council, by special vote, may at any time decide to terminate this Agreement with effect from the date on which it is so determined.
6.Não Notwithstanding the termination of this Agreement, the Council will continue to be in charge, for a period not exceeding 18 months, of carrying out the liquidation of the Organization, including the reckoning, and, depending on the relevant decisions that adopt by special vote, will have during that period the powers and functions required for such purposes.
7.Conselho shall notify the depositary of any decisions taken to the ampar of this Article.
Article 47
Reservation of Law
No reservations can be made to any of the provisions of this Agreement.
Article 48
Additional and Transitional clauses
1.Este Agreement will succeed the International Tropical Wood Agreement of 1983.
2.Todos the acts practiced by the Organization or in its name, or of any of its organs, under the terms of the 1983 International Tropical Wood Agreement, which are in effect on the date of entry into force of this Agreement, and whose terms do not have available on their expiry on that date, shall remain in effect unless they are amended in accordance with the provisions of this Agreement.
In testimony to what, the undersigned parties, duly accredited, have signed this Agreement on the dates indicated.
Made in Geneva, in twenty-six of January, of a thousand nine hundred and ninety-four, the text of this Agreement in the Arabic, Chinese, English, French, Russian and Spanish languages, being equally authentic.
Attachment A
Relationship of Producers with Tropical Forest Resources and / or Net Exporters of
Tropical Wood in Terms of Volume, and Allocation of Votes for Article 41 Proposals
| Bolivia |
21 |
|
Brazil |
133 |
|
Cameroon |
23 |
|
Colombia |
24 |
|
Congo |
23 |
|
Costa Rica |
09 |
|
Ivory Coast |
23 |
|
Ecuador |
14 |
|
El Salvador |
09 |
|
Philippines |
25 |
|
Guinea: Equatorial |
23 |
|
Gabon |
23 |
|
Ghana |
23 |
|
Guyana |
14 |
|
Honduras |
09 |
|
India |
34 |
|
Indonesia |
170 |
|
Liberia |
23 |
|
Malaysia |
139 |
|
Mexico |
14 |
|
Myanmar |
33 |
|
New Guinea |
28 |
|
Panama |
10 |
|
Paraguay |
11 |
|
Peru |
25 |
|
Dominican Republic |
09 |
|
United Republic of Tanzania |
3 |
|
Thailand |
20 |
|
Togo |
23 |
|
Trinidad and Tobago |
09 |
|
Venezuela |
10 |
|
Zaire |
23 |
|
Total |
1000 |
Attachment B
Consumer Countries and Allocation of Votes for Article 41 Deposits
| Afghanistan |
10 |
|
Algeria |
13 |
|
Australia |
18 |
|
Austria |
11 |
|
Baráin |
11 |
|
Bulgariav |
10 |
|
Canada |
12 |
|
Chile |
10 |
|
China |
36 |
|
European Community |
(302) |
|
Germany |
35 |
|
Belgium-Luxembourg, |
26 |
|
Denmark |
11 |
|
Spain |
25 |
|
France |
44 |
|
Greece |
13 |
|
Netherlands |
40 |
|
Ireland |
13 |
|
Italy |
35 |
|
Portugal |
18 |
|
United Kingdom |
42 |
|
South Korea |
97 |
|
Egypt |
14 |
|
United States of America |
51 |
|
Russia Federation |
13 |
|
Finland |
10 |
|
Japan |
320 |
|
Nepal |
10 |
|
New Zealand |
10 |
|
Norway |
10 |
|
Slovak Republic |
11 |
|
Sweden |
10 |
|
Switzerland |
1000 |
