Decree No. 3752, 16 February 2001

Original Language Title: Decreto nº 3.752, de 16 de Fevereiro de 2001

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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

publication.

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

sustainable;

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

wood;

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

of wood;

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

forest;

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

the wood;

b) Provide a forum for the

promotion of non-discriminatory trade practices;

c) contribute to the process of

sustainable development;

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

Woods;

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

and;

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

consumer;

6. "organization" means the

International Tropical Timber Organization established in accordance with the

Article 3;

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

separately;

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

individual vote.

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

special circumstances.

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

specific issues.

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

Organization.

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

votes.

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

Organization.

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

advance.

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

respective categories.

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

its services.

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

Executive Director.

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

that agreement.

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

Organization;

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

budget.

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

contribution.

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

loans.

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

other entities.

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

with projects.

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

Council.

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

financial standards.

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

any restrictions.

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

Agreement;

b) environmental and social effects of c) the desirability of maintaining a balance

appropriate geographic;

d) the interests and characteristics of each

developing region;

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

efforts.

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

Market information;

(b)) Committee on reforestation and forest management

Forestry;

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

necessary.

3. participation in each Committee shall be open to

all members. The rules of procedures of the committees shall be decided by the

Council.

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

Organization;

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

development.

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;

II) Rehabilitation;

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

competent;

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

technology transfer;

II) resource development and training

humans;

III) standardization of nomenclature of timbers

tropical;

IV) harmonization of specifications of

processed products;

V) Stimulus for investment and

joint ventures;

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

developing members;

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

producers.

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

Council;

g) take into account the need to

strengthen the process of training human resources development

Member countries;

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

timber-producing forests.

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

wood.

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

wood;

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

wood;

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

accomplished.

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

depositary.

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

membership.

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

Article 44.

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





21





Brazil 133





Cameroon





23





Colombia





24





Congo





23





Costa Rica





09





Ivory Coast





23





Ecuador





14





El Salvador





09





Filipino





25





Equatorial Guinea:





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





1000 total



 

 



Annex B list of Consumer Countries and allocation of

Votes for the purposes of article 41 10 Afghanistan





13 Algeria





Australia





18





Austria





11





11 Baráin





10 Bulgáriav





Canada 12





Chile 10





China 36





European Community (302)





Germany 35





Belgium-Luxembourg, 26





Denmark 11





25 Spain





France 44





Greece 13





Netherlands 40





Ireland 13





Italy 35





18 Portugal





United Kingdom 42





South Korea 97





Egypt 14





United States of America 51





Russian Federation 13





10 Finland





Japan 320





Nepal 10





New Zealand 10





Norway 10





Slovak Republic 11





Sweden 10





1000 Switzerland



 

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