Decree No. 3752, of 16 FEBRUARY 2001 extending the international agreement of Woods
, Signed at Geneva on 26 January 1994 and promulgated by
Decree No. 2707, of 4 August 1998.
The PRESIDENT of the REPUBLIC, in the use of assignment
gives the art. 84, section IV, of the Constitution, whereas the International Tropical Timber Agreement
It was signed at Geneva on 26 January 1994, and entered into force
International in January 1, 1997;
Whereas the above multilateral Act was approved
by Legislative Decree No 68, of 4 November 1997 and promulgated by
Decree No. 2707, of 4 August 1998;
Whereas, by decision 4 (XXVIII), the Council
International tropical timber, in the use of attribution which gives the
art. 46 (2) of the abovementioned Agreement, decided to extend his term for three
years, from January 1, 2001, DECREES: Art. 1st Is extended the duration of the agreement
International tropical timber, attached by copy to this order, by the
period of three years from January 1, 2001.
Art. 2 this Decree shall enter into force on the date of your
Brasília, 16 of
February 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO
Celso Lafer International Tropical Timber Agreement AIMT, 1997 Index Preface Chapter 1: article 1 Objectives? Chapter II definitions Article 2 objectives? Chapter III Organization and administration definitions Article 3? Headquarters and Structure of the international
tropical timber Article 4? Members of the organisation Article 5? Intergorvernamentais Organization Members Chapter IV? International Tropical Timber Council Article 6? Composition of the National Council of Woods
Article 7 tropical? Powers and functions of the Council Article 8? President and Vice-President of the Council Article 9? Sessions of the Council Article 10? Article 12 voting distributions? Decisions and recommendations of the Council Article 13? Quorum for the Council Article 14? Cooperation and coordination with other
Article 15 organizations? Admission of observers Article 16? Executive Director and staff Chapter v: privileges and immunities chapter VI: Finances Article 18? Financial accounts Article 19? Article 20 Management account? 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 the organization Article 25? Project activities of the organization Article 26? Establishment of the committees Article 27? Functions of the Committees Chapter VIII: relationship with the Common Fund
Commodities Article 28? Relationship with the Common Fund Products
Chapter IX: basic statistics, studies and Information Article 29? Statistics, studies and Information Article 30? Annual report and Review Chapter x: Miscellaneous Article 31? Complaints and disputes Article 32? General obligations of members Article 33? Exemption of Obligations Article 34? Differential Measures and corrective measures
Article 35 special? Review Article 36? Non-Discrimination Chapter XI: Clauses
Article 37 final:-Article 38 Depositary? Signature, ratification, acceptance and approval Article 39? Article 40 access? Notification of provisional application Article
41Entrada in Force Article 42? Amendment 43 Article? Article 44 withdrawal? Article 45 exclusion? Reckoning with members who retired
or have been deleted or members unable to Accept an amendment 46 Article? Duration, extension and Termination Article 47? Reservation of Law Article 48? Upper and transitional clauses attached to? List of producer countries with
Rainforest and/or Net Exporters of Tropical timber in Volume terms, and
Allocation of Votes the purposes of article 41.
Annex B? List of Consumer Countries and allocation of
Votes for the purposes of article 41.
Preface The parties to this agreement, Recalling the Declaration and the programme of action for the
Establishment of a new international economic order, the integrated programme
for commodities, A new partnership for development, the Commitment
of Cartagena and the relevant objectives contained in the spirit of Cartagena;
Recalling the International Tropical Timber Agreement of
1983, and recognizing the work of the International Organization of wood
Tropical and its achievements since its inception, including a strategy for
achieving international trade in tropical wood give management sources
Recalling also the Rio Declaration on environment and
Development, the authoritative statement of principles, non-Legal
Required for a Global consensus on management, conservation and
Sustainable development of all types of forests, as well as the
relevant Agenda 21 chapters ' as adopted by the Conference of the
The United Nations on environment and Development in June 1992, at the Rio
January; the United Nations Framework Convention on climate change; and the
Convention on Biodiversity.
Recognizing the importance of timber for the economies of the
countries with wood producing forests;
Recognizing the need to promote and apply
guidelines and comparable criteria and suitable for the management, conservation and
sustainable development of all types of forests producing
Considering the links between the trade in timber
the international market of tropical wood, as well as the need to have
a global perspective to increase the transparency of international market
Taking note of the commitment in Bali, Indonesia, in
May 1990, by all members, to achieve exports of products of
tropical wood from sustainable management sources until the year 2000, and
Recognizing the principle 10 of the Declaration of principles with authority, not
Legally required for a Global consensus on management, conservation and
Sustainable development of all types of forests, which declares that
new and additional financial resources should be provided to countries in
development to allow man, retain develop so
sustainable forests, including through forestation,
reforestation and combating deforestation and the degradation of soil and
Taking note also of the Declaration of commitment
by consumers who are parties to the international agreement of Woods
1983, tropical on Wednesday if the United Nations Conference on the
Negotiation of a Successor Agreement to the International Tropical Timber Agreement
in 1983, on 21 January 1994 in Geneva to maintain or achieve, year
2000, the sustainable management of their forests;
Desiring to strengthen the international framework for cooperation and
political development among the members, in the search for solutions to the
problems facing the economy of tropical wood;
Agree as follows: 1 Article 1 Objectives Objectives Chapter Recognized the sovereignty of members about your resources
natural, as defined Principle 1 (a) of the Declaration of principles with
Authority, Legally Required for non-Global consensus on the management,
Conservation and Sustainable Development of all types, the
objectives of the International Tropical Timber Agreement, 1994 (hereinafter referred to as
referred to as "this agreement") are: a) provide a framework to
consultation, international cooperation and policy development among all
the members with regard to all relevant aspects of the world economy
b) Provide a forum for the
promotion of non-discriminatory trade practices;
c) contribute to the process of
d) increase the capacity of the members, so that
can implement a strategy for achieving exports of wood
tropical and tropical wood from sources managed way
sustainable, by the year 2000;
and) promote the expansion and diversification of
international trade in tropical timber managed sources in order
sustainable, by improving the structural conditions of the markets
International, taking into consideration, on the one hand, the increase in the long
the continuity of supply and consumption, on the other hand, prices
reflect the costs of sustainable forest management and which are remunerativos and
equitable for members, as well as the improvement of market access;
f) to promote and support research and
development aimed at improving the efficiency of forest management
use of wood, as well as to increasing the capacity of conservation and
other forest values enhancement in tropical production forests
g) Develop and contribute to the promotion of
mechanisms in order to provide new and additional financial resources,
In addition to the knowledge needed to increase capacity of members
producers to achieve the goals set by this agreement;
h) improve information system
market, in order to ensure greater transparency in the international market
wood, including collecting, compiling and disseminating data on the
trade, including data related to species being traded;
I) promote increased and processing
additional sustainable tropical timber producer member countries,
with a view to promoting their industrialization and thereby he their opportunities
of employment and export earnings;
j) Encouraging members to support and develop
industrial tropical timber reforestation and forest management activities
forestry, as well as the rehabilitation of degraded forest soils leading
due account of the interests of local communities that depend on
of forest resources;
k) improving marketing and distribution
exports of tropical timber from sustainable sources of management;
l) Encouraging members to develop policies
aimed at the national conservation sustainable use
wood-producing and its genetic resources, well c maintain balance
ecological relevant regions, in the context of trade of wood
tropical m) Promote access to and transfer of
technologies and technical cooperation to implement the objectives of this agreement,
including on concessional terms and conditions mutually agreed, and prefer
n) Encourage the dissemination of information
about the international wood market.
Chapter 11 Definitions Article 2 definitions for the purposes of this agreement: 1. "Tropical Timber" 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 You: the logs, sawdust, wood veneers and plywood. The
compensated including some proportion of conifers of tropical origin,
will also be covered by this definition;
2. "further processing" means
the transformation of logs into primary wood products, finished products and
semi-finished products made wholly or almost wholly of tropical timber;
3. "Member" means a Government or
Intergovernmental organisation, as referred to Article 5, which has consented to
link to this provisional or definitive agreement;
4. "producing Member ' means any
country with tropical forest resources and/or a net export volume
tropical wood, which is listed in Annex A and which becomes a part of this
Agreement, or any country with tropical forest resources and/or a
Chunky tropical wood NET employed is not referenced in the
Annex A, which becomes part of this agreement, which the Council, with the consent of the
country concerned, declares to be a producing Member;
5. "Consumer Member" means
any country listed in Annex B which becomes a party to this agreement, or
any country not listed in Annex B which becomes part of this agreement and that
the Council, with the consent of the parents concerned, declare to be uni Member
6. "organization" means the
International Tropical Timber Organization established in accordance with the
7. "Council" means the Council
Tropical timber international, established in accordance with article 6;
8. "special vote" means a
vote requiring at least two-thirds of the votes deposited by members
producers present and voting, and at least 60% of the votes deposited
by consumer members present and voting, counted separately, since
these votes are deposited by at least half of the producing members
present and voting and PC less half the consumer members present and
voters, 9. " Simple majority voting
Distributed "means a vote requiring more than half of the votes
deposited by producer members present and voting, as well as more than
half the votes deposited by consumer members present and voting, counted
10. "Fiscal year" means the period
10. January to 31 December inclusive;
"Freely Usable Currencies",
means the Deutsche mark, the French franc, the Japanese Yen the pound sterling, the
American dollar and any other currency designated in due course by a
competent international monetary organization as being in wide use
payment of international transactions and widely traded in the
main exchange markets.
Chapter III organization and administration Article 3 headquarters and International Organization structure of wood
1 tropical. The international organization of wood
, Established by the International Tropical Timber Agreement of
1983, will continue to exist for the purpose of administering the provisions of this
Agreement and oversee the operation of the same.
2. The Organization shall function through the Council
established under article 6, the committees and other subsidiary bodies
referred to in article 26 and the Executive Director and staff.
3. The headquarters of the Organization shall be in Yokohama,
unless the Council by special vote, determine otherwise.
4. The headquarters of the Organization should always be
located in the territory of a member.
Article 4 members of the organisation there will be two categories of members in
Organization, namely: the) producer b) Consumer Article 5 intergovernmental organizations 1 Members. Any reference in this agreement to
"Governments" shall be construed as including the European Community and
any other intergovernmental organisation with responsibilities in
respect to the negotiation, conclusion and application of international agreements, in
particular agreements on commodities. Likewise, any reference
in this agreement to signature, ratification, acceptance or approval, or
provisional application or accession, in the event of such organizations
Will be interpreted as intergovernmental including a reference to
signature, ratification, acceptance or approval, or to notification of application
or accession by such provisional Intergovernmental Organization.
2. In the case of voting on matters of their
competence, such intergovernmental organizations to vote with a number of
votes equal to the total number of votes allocated to Member States, in
accordance with article 10. In such cases, the Member States of such
Intergovernmental organizations will not have the right to exercise its right to
Chapter IV International Council of Woods
Article 6 composition of the tropical International Council
1 Tropical Timbers. The most important authority of the Organization
will be the International Tropical Timber Council, which shall consist of all
members of the organization.
2. Each Member shall be represented in the Council by
one representative and may designate alternates or advisers to attend to
sessions of the Council.
3. An alternate representative shall have powers of
Act and vote on behalf of the representative during the absence of this or
Article 7 powers and functions of the Council 1. The Council shall exercise all the powers and will act
or will provide for the full exercise of all functions necessary for the
performance of the terms of this agreement.
2. The Council, by special vote, adopt the
rules and regulations necessary for the implementation of the provisions of this agreement,
always in accordance with it, including its own rules of
procedures and financial rules, as well as the regulation governing the staff
of the organization. Such financial rules shall, inter alia, administer the
revenue and expenditures of the funds management account, the special account and the
Bali Partnership. The Council may, in its rules of procedure,
establish a procedure whereby, without get together, you can decide on
3. The Council shall keep records
necessary for the performance of its duties, under this Agreement.
Article 8 Chairman and Vice-Chairman of the Board 1. The Council shall elect for each calendar year a
President and a Vice-President, whose wages are not paid by the
2. The Chairman and Vice-Chairman shall be
elected one of the representatives of the producer members and the other from the
representatives of the consumer members. These offices each year will be
alternating between the two categories of members, provided that this procedure does not
prevent the re-election of either or both, under exceptional circumstances,
through special vote of the Council.
3. In the temporary absence of the President, the
Vice President will act in your place. In the temporary absence of both the
President and Vice President, or in the absence of one or both of them for the rest of the
mandate for which they were elected, the Council may elect new officers
among the representatives of producing members and/or from among the representatives
of the consumer members, as the case may be, temporarily or for the rest
of the term for which his predecessor or predecessors were elected.
Article 9 sessions of the Council 1. As a general rule, the Council will have every year
at least one regular meeting.
2. The Council shall meet in special sessions
whenever it is decided or by request: a) the Executive Director, with the consent of the
Chairman of the Board, or;
b) a majority of producer members or
a majority of consumers, or members;
c) members holding at least 500
3. The meetings of the Council should be
held at the headquarters of the Organization unless the Council, by vote
especially, decide otherwise. If, on the invitation of any Member, the Council
meet in another location other than the headquarters of the Organization, that Member shall pay
additional costs that result by holding the meeting outside the headquarters of the
4. Warnings about any meetings and on the
the agenda for such sessions shall be communicated to members by the
Executive Director at least six weeks in advance, except in cases
of emergency, when notice may be communicated at least seven days of
Article 10 distribution of Votes 1. The members must stop at all
1000 votes and the consumer members stop altogether 1000 votes.
2. The votes of the producer members shall be
distributed as follows: a) 400 votes will be distributed
equally among the three producing regions, namely, Africa, Asia-Pacific and
Latin America. The votes thus allocated to each of these regions should
also be distributed among the producer members in each region;
b) 300 votes shall be distributed among the
producer members in accordance with their respective shares in total
tropical forests resources of all producer members;
c) 300 votes shall be distributed among the
producer members in proportion to the average of the values of its exports
net of tropical timber during the most recent three-year period, to
which definitive data.
3. Notwithstanding the provisions of paragraph 2
in this article, the total votes allocated to the producing members from the region
African, calculated in accordance with the provisions laid down by paragraph 2 of this
Article, shall be distributed equally among all producer members from the region
African. If there are any remaining votes, those votes will be allocated to the producer Member
in the African region: the first to the producer Member which has the highest number of
votes, according to the provisions of paragraph 2 of this article; the second, to the Member
producer that has the second highest number of votes; and so on until
all the remaining votes are distributed.
4. For the calculation of the distribution of votes,
According to the provisions of paragraph 2 (b) of this article, "forest resources
tropical "means productive closed broadleaved forests
as defined by the food and Agriculture Organisation (FAO).
5. The votes of the consumer members shall be
distributed as follows: each Member shall have 10 initial votes consumed; the
the remaining votes shall be distributed among the members in proportion to the volume
middle of their respective net imports of tropical wood, during a
period of three years from four years before distribution
of the votes.
6. The Council shall distribute the votes for each Year
Tax at the beginning of its first session of that year in accordance with the
provisions of this article. Such distribution shall remain in effect for the rest of the
year, except for the provisions of paragraph 7 of this article.
7. Whenever there is any change in the framework of
members of the Organization, or when you or any Member has its voting rights
suspended or re-established under any of the clauses of this agreement,
the Council shall redistribute the votes within the affected category or categories
of the members in accordance with the provisions of this article. The Council will, in this case,
decide when such redistribution reflected.
8. There will be no votes fractionated.
Article 11 voting procedure of the Council 1. . Each Member shall be entitled to deposit the
number of votes held by it, and no Member shall be entitled to divide their
votes. A member, however, will be able to vote unlike any vote that
are authorized to be deposited in accordance with paragraph 2 of this article.
2. By written notification addressed
the President of the Council, any producing Member may authorize, under its
full responsibility, any other producer Member, and any Member
consumer can ' authorise, under your full responsibility, any other
consumer member, to represent its interests and deposit their votes in
any of the meetings of the Council.
3. In the event of abstention, it is assumed that the
Member not deposited his vote.
Article 12 decisions and recommendations of the Council 1. The Council will strive to take all
decisions and make all recommendations by consensus. If there is no consensus, the
Council shall take all decisions and make all recommendations by
simple majority distributed, unless this agreement provides for a special vote.
2. When a Member makes use of the provisions of
Article 11, paragraph 2, and their votes are deposited in a meeting of the
Council, pursuant to paragraph one of this article, shall be
considered present and voting.
Article 13 Quorum for the Council 1. The quorum for any meeting of the Board
will be the presence of a majority of the members of each category referred to by
Article 4, provided that such members have at least two-thirds of the total
votes in their respective categories.
2. If there is not a quorum, according to what is
determined by the first paragraph of this article on the day fixed for the meeting
as well as the following day, the quorum for the subsequent days of the meeting will be
the presence of the majority of members of each category referred to in article
4, provided that such members hold a majority of the total votes of their
3. Representation in accordance with article 11,
paragraph 2, shall be considered as presence.
Article 14 cooperation and coordination with Other
1 organizations. The Council will make the necessary arrangements to
consultations and cooperation with the United Nations and its organs, including the
The United Nations Conference on trade and development (UNCTAD), and the
Sustainable Development Commission (CSD) intergovernmental organizations,
including the General Agreement on tariffs and trade (GATT) and the Convention on the
International trade in Threatened wild species of Flora and Fauna
(CITES), and non-governmental organizations.
2. The Organization shall, within the limits of their
possibilities, use the facilities, services and expertise of the
intergovernmental, governmental or non-governmental
existing, avoiding duplicity of efforts aimed at achieving
the objectives of this agreement, and to enhance the complementarity and efficiency of
Article 15 admission of observers the Council may invite any non-member Government or
any one of the organizations referred to in articles 14, 20 and 29, interested
in the activities of the Organization, to participate as observers, in any
one of the meetings of the Council.
Article 16 Executive Director and staff 1. The Council shall indicate, by special vote, the
2. The terms and conditions of appointment of the
Executive Director shall be determined by the Council.
3. The Executive Director shall be the Chief
the Organization's administrative and responds to the Council by
Administration and implementation, in the form of the Council's decisions.
4. The Executive Director shall indicate the team of
employees in accordance with the standards to be established by the Council. The Council
shall, by special vote, the number of executives and professionals the
Executive Director may appoint. Any changes in the number of executives and
professionals should be decided by the Council by special vote. The
staff will be the responsibility of the Executive Director.
5. Neither the Executive Director nor any Member
the staff can have any financial interest in
industry, timber trade, or trade related activities.
6. In the performance of its functions, the
Executive Director and the staff shall not seek or receive instructions from
any member or authority external to the organization. They must refrain from
any actions which might reflect adversely on their positions of
international officials, responsible ultimately to the
Council. Each Member shall respect the exclusively international character of the
responsibilities of the Executive Director and the staff, and will not attempt to
influence on them in the exercise of its functions.
Chapter V privileges and Immunities Article 17-privileges and immunities 1. The Organization shall have legal personality.
Will have in particular the ability to hire purchase to dispose of movable and
property, and to institute legal proceedings.
2. The status, privileges and immunities of
Organization, of its Executive Director, its staff and experts, and
of representatives of members while in the territory of Japan shall continue to
be governed by the Headquarters Agreement between the Government of Japan and the Organization
International Tropical Timber Agreement, signed in Tokyo on February 27
1988, with the amendments necessary to the proper functioning of this Agreement.
3. The organization may conclude, with one or more
countries, agreements to be proven by the Council, regarding capacity,
privileges and immunities as are necessary for the proper functioning
4. If the headquarters of the organization is 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 this
Agreement, the Organization shall request the new host Government to ensure, within
the limits of its national legislation, exemption from payment of fees on the
remuneration paid to the employees of the Organization, as well as on equity,
income and other property of the organization.
5. The headquarters agreement shall be independent of this
Deal. However, he will:) by agreement between the host Government and the
b) in the case of the headquarters of the Organization be withdrawn
the country of the host Government; or c) in the event of the Organization ceasing to exist.
Chapter VI Finance Article 18 financial accounts 1. Will be established: a) the revenue and expenditure account;
b) the special account;
c) the Partnership Fund of Bali, and d) other accounts that the Council deems
appropriate and necessary.
2. The Executive Director will be responsible for
administration of these accounts and the Council shall have about it in standards
the financial organization.
Article 19 1 account. The expenses necessary for the Administration
This agreement shall be carried out by the revenue and expenditure account and met by contributions
annually paid by members in accordance with their respective procedures
institutional and constitutional, which shall be fixed in accordance with paragraphs
3, 4 and 5 of this article.
2. The expenses of delegations of the Council
committees and other subsidiary bodies of the Council referred to in article 26,
will be met by the members concerned. In the case of a member request to
Special services organization, the Council shall request that Member to pay
the costs of these services.
3. Before the end of each fiscal year, the
Council may approve the administrative budget of the Organization for the year
following tax and shall determine the contribution of each Member to the said
4. The contribution of each Member to the
administrative budget, in each fiscal year, shall be calculated in proportion to the
number of their votes, with respect to the total votes of all the members, on the date
in the administrative budget is approved for that fiscal year. When
establishing the contributions, the votes of each Member shall be calculated without
consider the suspension of the voting rights of any member or
redistribution of votes resulting.
5. The initial contribution of any Member
join the Organization after the entry into force of this agreement, shall be fixed
by the Council on the basis of the number of votes attributed to this newest member and
remainder of the color-close fiscal year though the calculation to the other
Members in the current fiscal year will remain unchanged.
6. Contributions to the budget
have administrative salary on the first day of each fiscal year. The
contributions relating to the fiscal year in which they take members of the Organization,
will salary on the date of accession.
7. If a member has not paid in full
his contribution to the administrative budget within four months after the
maturity, according to paragraph 6 of this article, the Executive Director
prompts the Member make the payment as soon as possible. If this
Member does not pay in two months from the date of this request, you will be asked to
declare the reasons that prevented the payment. If at the end of seven months of
delay, from the due date of contribution, that Member has not yet
has paid its contribution, its voting rights shall be suspended until
paid in full its contribution, unless the Council, by vote
particular, will decide otherwise. If otherwise, a Member
has paid its full contribution to the administrative budget within the
period of four months from the expiration of the same, the contribution of that Member, in
accordance with paragraph 6 of this article, you will have a discount to be determined by the
Council in accordance with the financial rules of the organization.
8. A member whose voting rights have been
suspended in accordance with paragraph 7 of this article, is still required to pay your
Article 20 special account 1. There will be two sub-accounts under the title of the account
Special: a) the Sub-Pre-projects and account b) Sub-project Account.
2. The sources of funding for the account
Special can be: a) the common fund for commodities;
b) Regional financial institutions and
And c) voluntary contributions.
3. The resources of the special account will only be
used for projects or projects approved.
4. all expenditure of the pre-accession Project Account
shall be reimbursed by the Sub-project Account, in the case of the projects being
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-Account of
Pre-projects, he will review the situation and take the relevant decisions.
5. All receipts pertaining to Pre-projects or
Specifically identifiable projects under the special account, will have to be
included in this account. All costs of these projects or pre-projects,
including remuneration and travel expenses of consultants and experts,
will be debited to the same account.
6. The Council, by special vote, establish
the terms and conditions under which it can, where appropriate, sponsor
projects for loans funded, where a member or members have
voluntarily assumed all obligations and responsibilities for
These loans. The Organization shall have no obligation with respect to such
7. The Council may nominate and sponsor
any entity with the consent of this, that participate in one or more
Members, to receive loans for the financing of approved projects,
assuming the entity all the obligations involved, but for the
Organization the right to monitor the use of resources and to follow the
implementation of the projects financed. The Organization, however, will not be
responsible for guarantees voluntarily provided by individual members or
8. No Member shall be responsible for making
part of the Organization, for any increase of the obligations arising out of
loans taken or granted by other members or entities, in connection
9.No case of voluntary funds and without destination
be offered to specific organization, the Council may accept them. These
funds can be used in Projects and projects approved.
10. The Executive Director shall be bound on search,
in compliance with the terms and conditions established by the Council of resources
appropriate financial and guaranteed for projects and projects approved by the
11. Contributions for specific projects
approved will be used only in projects for which were
originally offered, unless the Council decides differently with
the who made the contribution. After the completion of a project, the
Organization shall return to each contributor for specific projects the balance
of the remaining funds, prorated for each taxpayer in proportion to their
participation in total available for the financing of the project, unless
agreed otherwise with the taxpayer.
Article 21 1 Bali Partnership Fund is a fund established for the handling
sustainable tropical timber producers to watch
producer members make the investments necessary to achieve the
purpose of Article 1 (d) of this agreement.
2. the Fund shall consist of: a) contribution of donor members;
b) revenue from 50%
of activities relating to the special account;
c) funds from other private sources and
public organization can accept as long as they are in accordance with their
3. The Bali Fund will be allocated
by the Council only for Pre-projects and projects, for the purposes
defined in paragraph one of this article, and that are approved in accordance with
of article 25.
4.Na allocation of resources of the Fund, the Council
will take into account: a) the special needs of members whose
the forest sector contribution to their economies is adversely affected
for the implementation of the strategy for achieving exports of tropical timber
and tropical wood products from sustainable management sources until the year 2000.
b) the needs of members with
significant forest area who established conservation programs in the
timber production forests.
5. The Council shall examine annually the adequacy
the resources available to the Fund and will endeavour to obtain resources
necessary for members to additional producers can achieve the
purposes of the Fund. The capacity of members to implement. the strategy
mentioned in paragraph 4 (a) of this article will be influenced by the
availability of resources.
6. The Council shall establish rules and policies
to the operationalization of the Fund, including rules covering the
reckoning, termination or expiration of this agreement.
Article 22 forms of payment 1.As contributions made to the revenue and expenditure account
may be paid in coins free and current usage, and will be exempt from
2.As financial contributions to the account
Special and for the Bali Partnership Fund shall be payable in currencies of use
free, and will be free from any restrictions.
3. The Council may also decide if you will accept
other forms of contributions to the special account or the Bottom of
Bali Partnership, including scientific and technical equipment or personnel, who
meet the requirements of approved Projects.
Article 23 audit and Presentation of accounts 1. The Council shall appoint independent auditors
to audit the accounts of the organization.
2. independently audited Reports of
Revenue and expenditure account, the special account and the Bali Partnership Fund shall be
made available to members as soon as possible after the closure of the
fiscal year, before six months of that date, and shall be submitted to
approval of the Board, in its next meeting, as it is up. A summary of accounts
audited balance sheet and will be published after that.
Chapter VII operational activities Article 24 policy development in
Organization with the purpose of achieving the objectives set out in
Article first, the Organization will perform development work of
policies and activities of projects in the areas of economic information and
market information systems, reforestation and forest management and
forest industry, in a balanced way, in order to integrate, as far as
possible, the development of policies with project activities.
Article 25 Organization project activities 1. Bearing in mind the needs of the countries in
development, members may submit proposals for Projects and prepaid
The Council projects in the fields of research and development,
market information, additional processing and growing of wood in
producer member countries, and reforestation and forest management. The
Pre-projects and projects should contribute to that are achieved one or more
objectives of this agreement.
2. The Council, in approving Projects and prepaid
Projects should take into consideration: a) relevance to the objectives of this
b) environmental and social effects of c) the desirability of maintaining a balance
d) the interests and characteristics of each
and) the convenience of a distribution
balanced among the fields referred to in paragraph 1 of this article;
f) its cost-benefit, and (g)) the need to avoid duplication of
3. The Council shall establish a schedule and
a procedure for submission, evaluation and prioritization of Projects and prepaid
Projects that need funding from the Organization, as well as for their implementation, monitoring and
evaluation. The Council shall decide on the approval of Pre-projects and projects
for funding and sponsorship, pursuant to Articles 20 or 21.
4. The Executive Director may suspend the
release of funds from the Organization to a pre-project or project if they are
being used contrary to the project documentation or in cases of fraud,
waste, negligence or bad management. The Executive Director shall submit to
consideration of the Council at its next meeting, a report. The Council
shall take the appropriate measures.
5. The Council, by special vote, may
cancel its sponsorship of any pre-project or project.
Article 26 Establishment of Committees 1. The committees now established by Organization
are the following: the Economic and information Committee) System
(b)) Committee on reforestation and forest management
c) Committee on forest industry, and d) Committee on finance and administration.
2. The Council, by special vote, may
establish other committees and subsidiary bodies that it deems appropriate and
3. participation in each Committee shall be open to
all members. The rules of procedures of the committees shall be decided by the
4. The committees and subsidiary bodies
referred to in paragraphs 1 and 2 of this article shall be liable to the
Council and will 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 1. committees the Committee of Economic Information and system
Market information should: (a) Keep under constant review the)
availability and quality of statistics and other information necessary for the
b) Analyze the statistical data and the
specific indicators selected by the Council for monitoring the
international trade in wood;
c) Keep under continuous review the market
wood international, its current situation and short-term prospects
term, on the basis of the data referred to in subparagraph (b) above and other
relevant information, including information relating to the informal trade;
d) make recommendations to the Council on the
necessity and the nature of appropriate studies on tropical timber,
including prices, market elasticity, potential for product replacement
on the market, the commercialization of new products and long-term perspectives
to the international tropical timber market; and monitor and review studies
ordered by the Council.
and to perform any other tasks)
related to economic, technical and statistical aspects of timber,
as determined by the Council, f) assist in the provision of technical cooperation
for improvement of relevant statistical services of the Member countries in
2. The Committee on reforestation and forest management
You should: a) promote cooperation between members as
partners in the development of forest activities in member countries,
inter alia, in the following areas: I) Reforestation;
III) Forest Management;
b) Encourage the increase of technical assistance and
technology transfer in the fields of reforestation and forest management
in developing countries;
c) follow the activities in progress in this
field, and identify and consider problems and possible solutions in cooperation
with the relevant organisations, d) regularly review the invoice requirements
international trade, industrialized, and tropical wood identify and
examine, on that basis, possible schemes and appropriate measures in the field of
reforestation, rehabilitation and forest management;
and) facilitate the transfer of knowledge in the
field of reforestation and forest management with the assistance of organizations
f) Coordinate and harmonize these activities for
cooperation in the field of reforestation and forest management, with the activities
relevant activities elsewhere, such as those under the auspices of the Organization
Food and Agriculture Organization (FAO), United Nations Environment Programme
(UNEP), World Bank, United Nations Development Programme (UNDP),
regional development banks and other competent organizations.
3. The Forestry Committee shall: a) Promote cooperation among the countries
members as partners in the development of processing activities in
producer member countries, inter alia, in the following areas: I) development through
II) resource development and training
III) standardization of nomenclature of timbers
IV) harmonization of specifications of
V) Stimulus for investment and
Vi) Marketing, including the promotion of
less known and used.
b) Promote the exchange of information to
facilitate structural changes involved in the further processing and
growing interest of all Member countries and, in particular, the countries
c) follow the activities in progress in this
field, and identify and consider problems and possible solutions in cooperation
with the competent organizations;
d) Encourage the increase of technical cooperation
for the processing of tropical timber for the benefit of the Member countries
4. To promote the work of developing
policies and projects of the Organization in a balanced manner, the Committee of
Economic information and market Information System, the
Reforestation and forest management and Forest Industry Committee shall: a) Answer for ensuring an assessment,
effective monitoring and evaluation of the Pre-projects and projects;
b) make recommendations to the Council regarding
the Pre-projects and projects;
c) monitor the implementation of Pre-projects and
Projects and respond by collecting spread of your results as
widely as possible, for the benefit of all members;
d) to develop and take forward the ideas of
policies of the Council;
e) Review regularly the results of
Projects and policy development work and make recommendations to the
Council on the future of the Organization;
f) Review regularly the strategies, criteria
and priority areas for the development of programs and projects of
work contained in the Organization's Action Plan and recommend revisions to the
g) take into account the need to
strengthen the process of training human resources development
h) perform any other tasks relating
the goals of this agreement assigned to them by the Council.
5. Research and development will be a
common function the committees referred to in paragraphs 1, 2 and 3 of this article.
6. The Committee on finance and administration shall: a) examine and make recommendations to the Council
on the approval of the proposals is the administrative budget of the Organization and
management operations of the Organization;
b) Review the Organization's assets to ensure
his prudent administration and that organization has sufficient reserves to
perform your job;
c) examine and make recommendations to the Council
about the budgetary implications of the annual work programme of the
Organization, and the actions that can be taken to keep the resources
needed to implement them;
d) recommend to the Council the choice of
Independent Auditors and reviewing the reports by them made;
and) recommending modifications
judge necessary to the rules of procedures or Financial standards, f) review the Organization's revenues and assess
the extent to which this restricts the work of the Secretariat.
Chapter VIII relationship with the Common Fund
Commodities Article 28 relationship with the Common Fund
Commodities the Organization shall take full advantage of the capabilities of
Common Fund for commodities.
Chapter IX on statistics, studies and Information Article 29 statistics, studies and Information 1. The Council shall establish a relationship
narrow comas, governmental and intergovernmental organizations
non-governmental organizations, to help ensure the availability of data and
recent and reliable information on trade in tropical wood, so
with relevant information on non-tropical timber and forest management
wood producers. As deemed necessary for the
implementation of this agreement, the Organization, in cooperation with these
organizations, shall compile, collate and, where relevant, publish,
statistical information on production, supply, trade, stocks, consumption
and market price of timber, the amount of timber resources and the management
2. members shall, to the extent possible and
compatible with their national legislation, furnish, within a time limit
reasonable, statistics and information on timber, its trade and activities
aimed at the achievement of sustainable management of forests
wood, as well as any other relevant information requested by the
Council. The Council shall decide on the type of information to be provided, in
the terms of this paragraph and on the format in which it should be presented.
3. The Council shall ensure that they are
carried out any relevant studies about the trends, problems of
short and long term international wood market and about's beena development in
towards the achievement of the sustainable management of forests
Article 30 Annual Report and Review 1. The Council shall, within six months after the
each year, an annual report of its activities and other
information which he considers relevant.
2. The Council shall annually review and
determine: a) the international timber situation;
b) other factors, issues and development
considered relevant to the achievement of the objectives of this agreement.
3. The review shall be conducted in the light of: a) information supplied by members in
relation to national production, trade, supply, stocks, consumption and prices of
b) Other statistical data and specific indicators
provided by members, as requested by the Council;
c) information supplied by members on the
your progress in relation to the sustainable management of its forests producing
d) Any other relevant information
made available to the Council either directly or by means of organizations
the United Nations system and by intergovernmental organizations,
governmental or non-governmental.
4. The Council shall promote the exchange of
views among member countries regarding: the) status. sustainable management of the
timber-producing forests and related matters in member countries;
b) resources and flows the requirements in
relation to objectives, criteria and guidelines set by the organization.
5. Upon request, the Council will
in the expansion of the technical capacity of member countries, in particular the
developing member countries, to obtain the data necessary for the
adequate information-sharing, including the provision to members of
resources for training and facilities.
6. The results of the review shall be included
in the reports of the deliberations of the Council.
Chapter X Miscellaneous Article 31 Complaints and disputes Any complaint that any Member has failed to
fulfill its obligations under this agreement, and any controversy over the
interpretation or application of this agreement will lead to a Council decision. The
decisions of the Council on these matters shall be final and binding.
Article 32 General obligations of members 1. The members, while endure this agreement,
should make their best endeavours and cooperate to promote the achievement of
objectives of the agreement and to avoid any action that would be contrary to him.
2. Members undertake to accept and to
practice the decisions of the Council, in accordance with the provisions and this agreement, and
shall refrain from implementing measures that have the effect of limiting or
upset them 33 exemption from Article 1 Obligations. When necessary, due to circumstances
exceptional or emergency or force majeure not expressly provided for
in this agreement, the Council, by special vote, may dismiss a member of
any obligation under this Agreement, if finds satisfactory
explanation of this member to the reasons why the obligation cannot be
2. The Council, by exempting some
Member in accordance with paragraph 1 of this article, shall state explicitly the terms,
conditions and the period for which the Member will be relieved of their obligations and
the reasons for which the exemption was granted.
Article 34 Differential and corrective Measures and
Special measures 1. The importing members of countries in
development whose interests are adversely affected by measures taken in
terms of this agreement, may apply to the differential and corrective Advice. The
Council will consider the adoption of appropriate measures of agreement provisions
section III, paragraphs 3 and 4 of resolution 93 (IV) of the United Nations Conference
on trade and development.
2. the members of the category of smaller countries
on development, the United Nations definition, can ask the
Council special measures in accordance with section III, paragraph 4, of the resolution
93 (IV) and paragraphs 56 and 57 of the Paris Declaration and programme of action on
90 years for least-developed countries.
Article 35 Review the Council shall review the scope of this agreement 4 years after their
entry into force.
Article 36 non-discrimination nothing in this Agreement authorizes the use of measures to restrict
or ban international trade in wood and wood products, and, in
particular, the measures relating to their importation and use.
Chapter XI final clauses Article 37 Depositary the Secretary-General of the United Nations is designated
depositary of this agreement.
Article 38 Signature, ratification, acceptance and
1. Approval This agreement shall be open, on UN Headquarters
Together, ' 1 April 1994 until one month after the date of its entry into force,
the signature by Governments invited to the United Nations Conference on the
Negotiation of a Successor Agreement to the International Tropical Timber Agreement
1983.2. Any Government referred to in paragraph 1 of this
Article: a) at the time of signature of this agreement,
declare that your signature expresses the consent to contract obligations
This agreement (definitive signature), or b) after signing this agreement, ratify,
accept or approve it by depositing an instrument for that purpose by the
Article 39 1 Access. This agreement shall be open for accession by
Governments of all States under the conditions laid down by the Council, which
should include a time limit for the deposit of instruments of accession. The
Council may, however, authorise extensions of time to Governments
You cannot join within the time-limit set in the conditions for
2. accession shall take effect for the deposit of
instrument of accession with the depositary.
Article 40 notification of provisional application A signatory Government which intends 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, at any time, notify the depositary that it will apply
This Agreement provisionally so that it enters into force, in accordance with the
Article 41, or, if it is already in force, at a specified date.
Article 41 entry into force 1 this Agreement shall enter into force definitively
on the first of February 1995 or at a later date, if Governments 1.2
producing countries, with at least 55% of total votes as
laid down in Annex A of this agreement, and 16 Governments of consuming countries,
with at least 70% of the total votes, as set out in annex
13 of this agreement, have signed definitely, or ratified, accepted or
approved, or acceded to, in accordance with article 38, paragraph 2,
or article 39.
2.Se this agreement has not entered into force
definitely on the first of February 1995, will enter into force
provisionally on that date or on another date, within six months of
so, if 10 Governments of producing countries, with at least 50% of the
total votes, as set out at Annex A of this agreement, and Governments 1.4
consumer countries, with at least 65% of total votes,
as established by Annex 13 of this agreement, have signed
definitely, or ratified, accepted or approved, in accordance with the
laid down in article 38, paragraph 2, or notified the depositary, in accordance with
Article 40, that will apply this Agreement provisionally.
3.Se the requirements for the entry into force in
accordance with 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 Agreement definitively or have
ratified, accepted or approved, in accordance with the provisions of article 38,
paragraph 2, or have notified the depositary that they will apply this
Agreement provisionally, to meet as soon as possible to decide
This agreement shall enter into force provisionally or definitively among them, in
whole or in part. The Governments which decide the entry into force of this agreement,
provisionally among themselves may meet from time to time, to review
the situation and decide whether this Agreement shall enter into force definitively among themselves.
4. For the Government which has not notified the
depositary, in accordance with the provisions of article 40, that would apply this agreement
provisionally and which deposits its instrument of ratification, acceptance,
approval or accession after the entry into force of this agreement, this agreement will
in force on the date of that deposit.
5. The Executive Director of the Organization shall
convene the Council as soon as possible after the entry into force of this agreement.
Article 42 Amendments 1. The Council, by special vote, may recommend
amendments to this agreement to members.
2. The Council shall fix a time limit for the
the depositary notification of acceptance of the amendments by members.
3. Any amendment shall enter into force 90 days after
the receipt by the depositary of notification of acceptance on the part of at
least two-thirds of the producer members, with a minimum of 75% of
votes of the producer members, and at least two-thirds of the members
consumers, with a minimum of 75% of the votes of the consumer members.
4. After the depositary has informed the Board of
that the requirements for the entry into force of an amendment have been met, and no
Despite 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
the amendment, provided that such notification is made before the entry into force.
5. Any Member which has not notified its
acceptance to an amendment to the date of its entry into force shall cease to be a party
of this agreement as from that date, unless it manages to satisfy the Board of
that acceptance cannot be obtained in time owing to difficulties in
fulfilment of constitutional or institutional procedures, and the Council
Decides to extend for that Member the period for acceptance of the amendment. This member
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 met until the date fixed by the Council in
accordance with paragraph 2 of this article, the amendment shall be considered withdrawn.
Article 43 Withdrawal 1. A member may withdraw from this agreement at
any time after its entry into force by written notification
of withdrawal to the depositary. This member shall simultaneously inform the
Council of action taken.
2. The withdrawal will be effective 90 days after the
receipt of the notification by the depositary.
3.As financial obligations towards the
Organization contracted by a member under this agreement will cease to exist
with his retirement.
Article 44 Exclusion If the Council decides that a member is missing with their
obligations under this agreement and decides further that this lack harms
operationalization of the agreement, it may, by special vote, exclude this
Member of the agreement. The Council shall notify, then, immediately, the depositary.
Six months after the date of the Council decision, the deleted member will no longer be
part of this agreement.
Article 45 reckoning with members
Withdrawn or excluded or members unable to Accept an amendment 1. The Council shall determine any adjustments of
accounts with a member that ceases to be part of this agreement due to: a) non-acceptance of an amendment to this agreement
in accordance with the provisions of article 42.
b) withdrawal from this Agreement in accordance with the provisions of
Article 43, or c) exclusion from this Agreement in accordance with the provisions of
2. The Council shall retain any contributions
paid to the revenue and expenditure account, the special account or the Bali Partnership Fund by
Member which ceases to be part of this agreement.
3. A member that has ceased to be part of this
Agreement, will not have the right to share the revenue from the
liquidation or other assets of the organization. I don't have either the obligation of
perform payment by installment of any deficit of the Organization, when the
termination of this Agreement.
Article 46 duration, extension and Termination 1. This 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, renegotiate or terminate it in accordance with the
provisions of this article.
2. The Council, by special vote, may
decide to extend this agreement for two periods of three years each.
3.Se, before the expiration of the period of four
years mentioned by paragraph 1 of this article, or before the expiration of one of the
periods of prolongation referred to in paragraph 2 of this article, as
the case 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 term of this Agreement to the
definitive or provisional entry into force of the new agreement.
4.Se a new agreement is negotiated and enters into
force during the period of extension of this agreement, in accordance with the provisions of
paragraphs 2 or 3 of this article, this agreement, extended, will end with the
entry into force of the new agreement.
5. The Council, by special vote, be able to
any time decide to terminate this agreement with effect from the date that
to both determine.
6. Notwithstanding the termination of this agreement, the
Council will continue in charge, for a period not to exceed 18 months,
carry out the liquidation of the Organization, including the settling of accounts, and,
Depending on the relevant decisions to adopt by special vote, shall have during
This time the powers and functions necessary for such purposes.
7. Council shall notify the depositary of any
decisions taken under this article.
Article 47 Right reservation cannot be made reservations to any of the provisions
of this agreement.
Article 48 Additional and Transitional Provisions 1. This agreement will succeed the international agreement
of Tropical wood in 1983.
2. All the acts performed by the organization or
in your name, or any of its organs, in accordance with the international agreement
1983 's Tropical wood, which are in effect on the date of entry into
force of this agreement, and the terms do not have on their exhalation that
date, shall remain in effect unless they are changed according to the
provisions of this agreement.
In witness whereof, the undersigned parties,
duly authorized, have signed this agreement on the dates indicated.
Done at Geneva, on 26 January, 1000
994, the text of this agreement in Arabic, Chinese,
English, French, Russian and Spanish, being equally authentic.
Annex A list of producer countries with
Rainforest and/or Net Exporters of Tropical timber in Volume terms, and
Allocation of Votes for the purposes of article 41 Bolivia
New Guinea 28
Dominican Republic 09
United Republic of Tanzania 3
Trinidad and Tobago 09
Annex B list of Consumer Countries and allocation of
Votes for the purposes of article 41 10 Afghanistan
European Community (302)
United Kingdom 42
South Korea 97
United States of America 51
Russian Federation 13
New Zealand 10
Slovak Republic 11