208 OF 1995
Official Journal No. 41,960 of 11 August 1995
By means of which the "Statute of the International Center and Biotechnology" is approved, made in Madrid on September 13, 1983.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Statute of the International Center for Genetic Engineering and Biotechnology", made in Madrid on 13 September 1983.
® INTERNATIONAL CENTER STATUS
GENETIC ENGINEERING AND BIOTECHNOLOGY
The States Parties to this Statute.
Recognising the need to develop and apply the peaceful use of genetic engineering and biotechnology for the benefit of humanity,
Feeling the award of using genetic engineering and biotechnology potential to help solve pressing development issues, particularly in developing countries,
Aware of the need for international cooperation in this field, especially in research, development and training,
Insisting on the urgency of strengthening the scientific and technological capabilities of developing countries in this sphere,
Recognizing the important role that an International Center could play in the application of genetic engineering and biotechnology for development,
Considering that the High Level Meeting held from 13 to 17 December 1982 in Belgrade (Yugoslavia) recommended that an International Center for Genetic Engineering and Biotechnology at the highest level be created as soon as possible, and
Recognizing the initiative taken by the UNIDO Secretariat to promote and prepare the establishment of such a Center,
Agree to the following:
1. This Statute establishes an International Centre for Genetic Engineering and Biotechnology (hereinafter referred to as the "Centre") as an international organisation comprising a centre and a network of national, regional and local centres. associated sub-regional.
2. The Centre shall be based in ...
ARTICLE 2o. GOALS. The Center's objectives will be:
a) Promote international cooperation to develop and implement the peaceful use of genetic engineering and biotechnology, in particular for developing countries;
b) Helping developing countries strengthen their scientific and technological capabilities in the field of genetic engineering and biotechnology;
c) To stimulate activities at regional and national levels in the field of genetic engineering and biotechnology and to provide assistance in this respect;
d) Develop and promote the application of genetic engineering and biotechnology to solve development problems, particularly in developing countries.
e) Servir de grandstand for the exchange of experiences between scientists and technologists from all Member States;
f) Use the scientific and technological capabilities of developing countries and other countries in the field of genetic engineering and biotechnology, and
g) Act as the focal point of a network of research and development centres (national, sub-regional and regional).
ARTICLE 3o. FUNTIONS. In fulfillment of its objectives, the Center will generally take all necessary and appropriate measures, and in particular:
a) It will take on research and development activities, including the establishment of pilot plants, in the field of genetic engineering and biotechnology;
b) Train at the Centre and organise training in other places of scientific and technological personnel from developing countries in particular;
(c) Provide the Members, upon request, with advisory services in order to develop their national technological capabilities;
(d) Promote interaction between the scientific and technological communities of the Member States by means of programmes that allow visits by scientists and technologists to the Centre and through partnership programmes and other activities;
e) Call for expert meetings to strengthen the Center's activities;
f) Promote, as appropriate, networks of national and international institutions that facilitate activities such as joint research programmes, training, testing and co-participation of results, plant activities pilot and exchange of information and materials;
g) Identify and promote without delay the creation of the initial network of highly qualified research centres operating as Associate Centres, promote the activities of national, sub-regional, regional and national laboratory networks. existing international, including those linked to the organisations referred to in Article 15, which are engaged in the field of genetic engineering and biotechnology or related to it, so that operate as Associate Networks and will encourage the establishment of new centres highly qualified research;
h) Emprenda a bioinformatics programme to support in particular research and development activities and their implementation for the benefit of developing countries;
i) Collect and disseminate information on areas of activity of interest to the Center and the Associated Centers;
j) Keep close contacts with industry.
1. All States that have become a party to this Statute shall be Members of the Center in accordance with the provisions of their Article 20.
2. The founding States of the Center shall be all Members who have signed this Statute prior to their entry into force in accordance with the provisions of Article 21.
1. The organs of the Centre shall be:
a) The Board of Governors,
b) The Council of Scientific Advisors,
c) The Secretariat.
2. The Board of Governors may establish other subsidiary bodies in accordance with the provisions of Article 6or.
1. The Board of Governors shall be composed of a representative of each of the Members of the Center and, as a non-voting member, the Executive Head of UNIDO or its representative.
By designating their representatives, Members will take due account of their administrative capacity and their scientific training.
2. The Board, in addition to performing other functions specified in this Statute, shall have the following powers:
a) Determine the policies and general principles that will govern the activities of the Center;
b) Admit new Center Members;
c) Approve the work programme and the budget, taking due account of the recommendations of the Council of Scientific Advisers, approve the Financial Regulation of the Centre and decide on any other financial matter, particularly the mobilisation of resources for the effective functioning of the Centre;
d) Grant, as a matter of the highest priority, on an individual basis, the legal status of the Associated Center (national, subregional, regional and international) to research centers of Member States that meet the criteria of accepted scientific excellence and from the Associated Network to national, regional and international laboratories;
e) Establish, in accordance with the provisions of Article 14, the rules of patent regulation, licensing, copyright and other intellectual property rights, including the transfer of the results emanating from the research work of the Centre;
f) On the recommendation of the Council, take any other appropriate measures, which will enable the Centre to promote its objectives and perform its functions.
3. The Board shall once a year hold an ordinary session, unless it decides otherwise. The pre-ordinary sessions shall be held at the Centre's headquarters, unless the Board decides otherwise.
4. The Board shall approve its own rules of procedure.
5. The majority of the members of the Board shall constitute a quorum.
6. Each Board Member shall have one vote. Decisions shall be taken preferably by consensus or, failing that, by a majority of the Members present and voting, with the exception of decisions on the appointment of the Director, the work programmes and the budget to be adopted by a majority. of two-thirds of the Members present and voting.
7. Representatives of the United Nations, specialized agencies and the International Atomic Energy Agency, as well as intergovernmental and non-governmental organizations, may, at the invitation of the Board, participate in their deliberations as observers. To this end, the Board shall prepare a list of organisations establishing relations with the Centre and having expressed interest in their work.
8. The Board may establish subsidiary bodies on a permanent or special basis as necessary for the effective performance of their functions; these bodies shall report to the Board.
1. The Council shall be composed of up to ten scientists and technologists specialising in the substantive areas of the Centre. A member of the Council shall be a member of the Council. Members shall be elected by the Board. Due account shall be taken of the importance of choosing members on the basis of a balanced geographical representation. The Director shall perform the duties of the Secretary of the Council.
2. Except as regards the first election, the members of the Council shall perform their duties for a period of three years and may be appointed again for a further period of three years. The members ' mandates shall be determined in such a way as not to elect more than one third at each opportunity.
3. The Council shall elect a President from among its members.
4. The Council, in addition to performing other tasks specified in this Statute or delegated to it by the Board, shall have the following powers:
a) Examine the project of the Center's work program and budget and make recommendations to the Board;
b) Review the implementation of the approved work programme and submit the report for the Board;
c) Expose in greater detail the medium and long-term perspectives of the programs and the planning of the Center, including specialized spheres and new research areas, and formulate recommendations to the Board;
d) Auxiliary the Director on all substantive, scientific and technical issues related to the activities of the Center, including cooperation with the Centers and Associated Networks;
e) Approve safety standards for the Center's research work;
f) Advise the Director on the appointment of senior staff (the heads of department onwards).
5. The Council may set up ad hoc groups of scientists from Member States for the preparation of specialised scientific reports to facilitate their task of advising and recommending to the Board the adoption of appropriate measures.
6. The Council shall hold an ordinary session each year, unless it decides otherwise.
(b) The sessions shall be held at the headquarters of the Centre, unless the Council decides otherwise.
7. The Heads of the Associated Centres and a representative of each of the Associated Networks may participate in the deliberations of the Council as observers.
8. Senior scientific staff may attend Council meetings if required to do so.
1. The Secretariat shall be composed of the Director and staff.
2. The Director shall be appointed by the Board from among the candidates of the Member States, after consultation with the Council, and shall carry out his duties for a period of five years. He may be appointed again for an additional period of five years, after which he may not be reappointed. A prominent person who enjoys the highest possible prestige and reputation in the scientific and technological spheres of the Centre shall be appointed as Director. Due consideration will also be given to the experience of the candidate to lead a scientific centre and a multidisciplinary group of scientists.
3. Staff shall comprise an Deputy Director, Heads of Department and other professional, technical, administrative and office staff, including manual workers, who may require the Centre.
4. The Director shall be the highest scientific and administrative official of the Centre and its legal representative. It shall act as such in all sessions of the Board and its subsidiary bodies. The Director, in accordance with the guidelines of the Board or the Council and under his supervision shall have the responsibility and overall authority in the direction of the Centre's work. It shall perform all other functions entrusted to it in those bodies. The Director shall be responsible for the appointment, organisation and administration of staff. The Director may establish a consultation mechanism with the senior scientists of the Centre in relation to the evaluation of scientific results and the ongoing planning of scientific work.
5. In the performance of their duties, the Director and staff shall not request or receive instructions from any government or any authority outside the Centre. They shall refrain from any measure which may affect their situation of international officials who are only responding to their activities before the Centre. Each of the Members undertakes to respect the exclusively international character of the functions of the Director and staff and not to seek to influence them in the performance of their duties.
6. The Director shall appoint the staff in accordance with the rules approved by the Board. The conditions for the service of personnel shall continue as far as possible, the pattern of the common system of the United Nations. The primary criterion to be followed in the recruitment of scientific and technical staff and in the determination of working conditions will be the need to ensure the highest levels of efficiency, competence and integrity.
1. In accordance with paragraph 1. of article 1o., paragraph (g) of article 2or. and point (g) of Article 3, the Center shall establish and promote a system of Associated Centers and Associated Networks in order to achieve the objectives of the Center.
2. On the basis of the Council's recommendation, the Board shall establish the criteria governing the granting of the status of the Associated Center to research centers and decide the scope of its official relations with the organs of the Center.
3. On the basis of the Council's recommendation, the Board shall establish the criteria governing the granting of the status of Associated Networks to national, regional and international groups of laboratories of Member States that in a manner They can strengthen the activities of the Centre.
4. After approval by the Board, the Center shall arrange for agreements to be concluded with the Associated Centers and Networks. These agreements will be able to understand scientific and financial aspects, without being limited to them.
5. The Centre may contribute to the financing of the Associated Centres and Networks in accordance with a formula approved by the Board in agreement with the Member States concerned.
1. Funding from the Centre will generally come from:
a) Initial contributions to get the Center up and running;
b) Annual contributions of Members of preference in convertible currency;
c) General and special voluntary contributions, including donations, legacies, grants and trust funds of Members, non-member States, the United Nations, its specialized agencies, the International Energy Agency Atomic, the United Nations Development Programme, intergovernmental and non-governmental organizations, foundations, institutions and individuals, subject to the approval of the Board;
d) Any other source, subject to the approval of the Board.
2. For reasons of financial order, the least developed developing countries, in accordance with the definition of relevant United Nations resolutions, may become Members of the Centre on the basis of more favourable criteria, established by the Board.
3. The host State shall make an initial contribution by making available to the Centre the necessary infrastructure (land, buildings, furniture, equipment, etc.) as well as through a contribution to the Centre's operating costs during its first years of existence.
4. The Director shall prepare and submit to the Board, through the Council, a draft work programme for the following financial year, together with the corresponding financial estimates.
5. The economic year of the Centre shall correspond to the calendar year.
1. For the first five years, the ordinary budget shall be based on the amounts pledged annually by each Member for those five years. After the first five-year period, consideration may be given to the possibility that the Board may allocate annual contributions for the following year on the basis of a formula recommended by the Preparatory Commission, which shall take into account the the contribution of each Member to the ordinary budget of the United Nations, based on their scale of quotas.
2. States which become Members of the Centre after 31 December may consider making a special contribution to capital expenditure and running costs for the year in which they are acquired. condition.
3. The contributions provided in accordance with the provisions of paragraph 2. This article shall be used to reduce the contributions of other Members, unless otherwise decided by the Board adopted by a majority of all its Members.
4. The Board shall appoint auditors to examine the Centre's accounts. The auditors shall submit to the Board, through the Council, a report on the annual accounts.
5. The Director shall provide the auditors with the information and assistance they need in the performance of their duties.
6. States where the approval of this Statute is to be obtained by the legislative authorities in order to participate in the Centre and which, therefore, have signed the ad referendum Statute, shall not be obliged to pay a special contribution, as provided for in paragraph 2o. of this article, in order to make their participation effective.
The Center will agree on an agreement regarding the host Government's headquarters. The provisions of such an agreement shall be subject to the approval of the Board.
1. The Centre shall have legal personality. You will be fully qualified to perform your duties and achieve your objectives, including the following:
a) Concerting agreements with States or international organizations;
c) Acquiring and alienating real estate and real estate;
2. The Centre, its assets and assets, wherever they may be, shall enjoy immunity in respect of any form of legal proceedings, except in specific cases where they expressly waive their immunity. However, no waiver of immunity shall be valid for implementing measures.
3. All the premises of the Centre shall be inviolable. The goods and assets of the Centre, wherever they are found, may not be the subject of registration, requisitions, confiscations, expropriations, or any other form of interference, whether of an executive, administrative, judicial or other legislation.
4. The center, its assets, assets, revenues and transactions will be exempt from all forms of taxation and tariffs and will not be subject to prohibition or import and export restrictions when it comes to articles that the Center amount or export for official use.
The Center shall be exempt from any obligation regarding payment, the withholding of tax or any duty.
5. The representatives of the Members shall enjoy the prerogatives and immunities provided for in Article IV of the United Nations Convention on the Prerogatives and Immunities.
6. Officials of the Centre shall enjoy the prerogatives and immunities provided for in Article V of the United Nations Convention on the Prerogatives and Immunities.
7. The experts of the Centre shall enjoy the same prerogatives and immunities as the officials of the Centre in paragraph 6o. (i)
8. All persons who are receiving training or participating in a personnel exchange program at the Center's headquarters or elsewhere within the territory of the Members as provided in this Statute shall be entitled to obtain entry, residence or exit permits where necessary for their training or for the exchange of personnel. You will be given facilities to travel quickly and, where necessary, visas will also be issued quickly and free of charge.
9. The Center shall cooperate at all times with the competent authorities of the Guest State and other Members in order to facilitate the proper administration of Justice, to ensure compliance with national laws and to prevent any abuse in relation to the with the prerogatives, immunities and facilities referred to in this Article.
1. The Centre shall publish all the results of its research activities, provided that the relevant publications are not in contradiction with its general policy on intellectual property rights approved by the Board.
2. All rights, including the title, copyright and patent rights, shall be the responsibility of the centre for any work produced or developed by the Centre.
3. The policy of the Centre shall be to obtain patents or patent interests on the results of the genetic engineering and biotechnology activities developed through the Centre's projects.
4. Access to intellectual property rights shall be granted in respect of the results arising from the research work of the Centre to Members and developing countries other than Members of the Centre in accordance with the conventions. Applicable international. In formulating the rules governing access to intellectual property, the Board shall not establish criteria that are harmful to any Member or group of Members.
5. The Centre shall use its patent rights and other rights, as well as the financial and other benefits of the Centre, in order to promote, for peaceful purposes, the development, production and broad application of biotechnology essentially in the benefit of developing countries.
ARTICLE 15. RELATIONS WITH OTHER ORGANISATIONS. To undertake its activities and to achieve its objectives, the Centre, with the approval of the Board, may, where appropriate, seek the cooperation of other States which are not parties to this Statute, the United Nations and its subsidiary bodies, the specialized agencies of the United Nations and the International Atomic Energy Agency, governmental and non-governmental organizations and institutes and societies national scientists.
1. Any Member may propose amendments to this Statute, the Director shall promptly inform all Members of the texts of the proposed amendments, which shall be examined by the Board only after 90 days of the sending of the communication.
2. The amendments shall be adopted by a two-thirds majority of all Members and shall enter into force in respect of those Members who have deposited instruments of rectification.
ARTICLE 17. WITHDRAWAL. Any Member may withdraw at any time after five years of affiliation prior to notification submitted in writing to the Depositary one year in advance.
ARTICLE 18. SETTLEMENT. If the activities of the Center are terminated, the State in which the Center's headquarters is located shall proceed to the liquidation, unless the Members agree otherwise at the time of termination. Unless the Members have otherwise decided, any surplus shall be distributed among the Member States which are Members of the Centre at the time of termination on a pro rata basis of all the payments they have made since the date on which they became Members. of the Centre. In the event of a deficit, the deficit shall be borne by the existing Members in proportion identical to their contributions.
ARTICLE 19. DISPUTE SETTLEMENT. Any dispute involving two or more Members concerning the interpretation or application of this Statute which is not settled by negotiations between the parties concerned or, if necessary, by virtue of the good offices of the Board shall, at the request of the parties in dispute, submit to any of the means of peaceful settlement of disputes as provided for in the Charter of the United Nations within three months of the date on which the Junta declares that the controversy cannot be solved through its good offices.
1. This Statute shall be open for signature by all States at the Meeting of Plenipotentiaries held in Madrid on 12 and 13 September 1983 and thereafter at the United Nations Headquarters in New York until the date of its entry into force. in accordance with the provisions of Article 21.
2. This Statute shall be subject to ratification or acceptance by the signatory States. The relevant instruments shall be deposited with the Depositary.
3. Upon entry into force of this Statute in accordance with Article 21, States which have not signed the Statute may accede to it by depositing the instruments of accession held by the Depositary once that your membership request has been approved by the Board.
4. States where the approval of this statute is to be obtained by the legislative authorities may be signed by referendum until the relevant approval has been obtained.
1. This Statute shall enter into force when at least 24 States, including the host State of the Centre, have deposited instruments of ratification or acceptance and, having been assured in mutual consultation that financial resources are guaranteed sufficient, when notifying the Depositary that this Statute shall enter into force.
2. This Statute shall enter into force for each State which accepts it, after 30 days from the date on which that State deposited its instrument of acceptance.
3. Until it enters into force in accordance with the provisions of paragraph 1. the Staff Regulations shall be applied on a provisional basis after signature, within the limits permitted by national law.
The Secretary-General of the United Nations shall be a Depositary of this Statute and shall send the notifications that he issues as such to the Director and Members.
ARTICLE 22. AUTHENTIC TEXTS. Arabic, Chinese, Spanish, French, English and Russian texts of this Statute shall be authentic.
In faith of which, the infrastructural Plenipotentiaries,
being duly authorized to do so by your
respective Governments, sign this Statute:
Done in Madrid, on the thirteen days of the month of September of the year
a thousand nine hundred and eighty-three, in a single original.
THE CHIEF LEGAL OFFICER OF THE
That the present reproduction is faithful photocopy taken from the certified text of the "Statute of the International Center for Genetic Engineering and Biotechnology" made in Madrid on December 13, 1983, which rests in the archives of the Legal Office of This Ministry.
Dada en Santafe de Bogota, D. C., at twenty-eight (28) days
of the month of July of a thousand nine hundred and ninety-four (1994).
The Head of the Legal Office,
HECTOR ADOLFO SINTURA VARELA.
Executive Branch of Public Power
Presidency of the Republic
Santafe de Bogota, D. C.,
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
(Fdo.) CESAR GAVIRIA TRUJILLO.
(Fdo.) The Foreign Minister,
NOEMI SANIN OF RUBIO¯.
ARTICLE 1o. approve the "Statute of the International Center for Genetic Engineering and Biotechnology", made in Madrid on September 13, 1983.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Statute of the International Center for Genetic Engineering and Biotechnology", made in Madrid on September 13, 1983, that by article 1or. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
JUAN GUILLERMO ANGEL MEJIA.
The Secretary General of the Honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
ALVARO BENEDETTI VARGAS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.
Publish and execute.
Prior to its review of the Constitutional Court, as
article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D. C., on 11 August 1995.
ERNESTO SAMPER PIZANO.
The Foreign Minister,
RODRIGO PARDO GARCIA_PENA.
The Director of the National Planning Department,
JOSE ANTONIO OCAMPO GAVIRIA.