1995 (August 11)
Official Gazette No. 41,960 of 11 August 1995
Through which the "Statute of the International Centre and Biotechnology" is approved, made in Madrid on 13 September 1983. Effective Jurisprudence
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Statute of the International Centre for Genetic Engineering and Biotechnology", made in Madrid on 13 September 1983. ®ESTATUTO
of Genetic Engineering and Biotechnology
PREAMBLE the States parties to this Statute.
Recognizing the need for developing and applying peaceful uses of genetic engineering and biotechnology for the benefit of humanity,
Urging to use the potential of genetic engineering and biotechnology to help solve the pressing problems of development, particularly in developing countries,
Aware of the need for international cooperation in this field, especially in research, development and training,
Emphasizing the urgency of strengthening the scientific and technological capabilities of developing countries in this area,
Recognizing the important role that an International Centre would play in the application of genetic engineering and biotechnology for development,
Given that the High Level Meeting held from 13 to 17 December, 1982 in Belgrade (Yugoslavia) recommended that it be created as soon as possible an International Centre for Genetic Engineering and Biotechnology at the highest level, and
Recognizing the initiative taken by the Secretariat of UNIDO to promote and prepare the establishment of such a center,
agreed as follows:
ARTICLE 1o. CREATION AND VENUE OF THE CENTER.
1. By An International Centre for Genetic Engineering and Biotechnology (hereinafter referred to as the "Center") as an international organization comprising a center and a network of national, regional and subregional centers associated is created.
2. The Centre will be based in ...
. OBJECTIVES. The objectives of the Centre shall be:
a) To promote international cooperation for developing and applying peaceful uses of genetic engineering and biotechnology, particularly for developing countries;
B) To assist developing countries to 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 assistance in this regard;
D) Develop and promote the application of genetic engineering and biotechnology for solving problems of development, particularly of developing countries.
E) To serve as a forum for the exchange of experiences among scientists and technologists of all Member States;
F) To utilize 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 partners (national, subregional and regional).
ARTICLE 3o. FUNCTIONS. In fulfillment of its objectives, the Centre shall generally take all necessary and appropriate measures, in particular:
a) Undertake research and development, including the establishment of pilot plants, in the field of genetic engineering and biotechnology;
Jurisprudence - Effective
B) Train at the Centre and arrange the training elsewhere of scientific and technological personnel, particularly from developing countries;
C) Provide Members, upon request, advisory services in order to develop their national technological capacity;
D) Encourage interaction between scientific and technological communities of the Member States through programs to enable visits of scientists and technologists to the Centre, and through partnership programs and other activities;
E) Convene expert meetings to strengthen the activities of the Centre;
F) Promote, as appropriate, networks of national and international institutions to facilitate activities such as joint research programs, training, testing and sharing of results, pilot plant activities and the exchange of information and materials ;
G) Identify and promote without delay the establishment of the initial network of highly qualified research to serve as Affiliated Centres, promote existing networks of national, subregional, regional and international existing laboratories, including those related to the organizations referred to in Article 15 engaged in the field of genetic engineering and biotechnology or related to it, to function as Affiliated Networks, encourage the establishment of new highly qualified research centers;
H) Carry out a program of bio-informatics to support in particular research and development and application for the benefit of developing countries;
I) Collect and disseminate information on fields of activities of interest to the Centre and the Affiliated Centres;
J) Maintain close contacts with industry.
1. Members of the Centre shall be all States that have become party to this Statute in accordance with the provisions of Article 20
2. They are founding members of the Center all Members who have signed this Statute before its entry into force in accordance with the provisions of Article 21
The 5th ARTICLE. ORGANS.
1. The organs of the Centre shall be:
a) The Board of Governors
b) The Council of Scientific Advisers,
c) The Secretariat.
2. The Board of Governors may create other subsidiary bodies in accordance with the provisions of Article 6.
. BOARD OF GOVERNORS.
1. The Board of Governors shall be composed of one representative from each of the Members of the Centre and as an ex officio member without voting rights, the Executive Head of UNIDO or his representative.
In nominating their representatives, Members shall take due account their administrative capability and scientific training.
2. The board, in addition to performing other functions specified in this Statute, shall have the following powers:
a) Determine the general policies and principles governing the activities of the Centre;
Jurisprudence - Effective
B) Admit the new Members of the Centre;
C) To approve the work program and budget, with due regard to the recommendations of the Scientific Advisory Board, approve the financial regulations of the Centre and decide on any other financial matter, particularly the mobilization of resources for the effective operation of Center;
D) Grant, as a matter of the highest priority, on an individual basis, the status of an Affiliated Centre (national, subregional, regional and international) to research centers of Member States which meet the criteria of scientific excellence accepted Network and Associated national, regional and international laboratories;
E) Establish, in accordance with Article 14, the rules which regulate patents, licensing, copyrights and other intellectual property rights, including the transfer of results emanating from the work of research Center;
Jurisprudence - Effective
F) Upon recommendation of the Council, take any other appropriate measures to enable the Centre to further its objectives and carry out its functions.
3. The Board held once a year an ordinary session, unless it decides otherwise. The preordinarios sessions will be held at the headquarters of the Centre unless the Board decides otherwise.
4. The Board shall adopt its own rules of procedure.
5. Most Board members shall constitute a quorum.
6. Each Board member shall have one vote. Decisions shall be made preferably by consensus or, failing that, by a majority of the Members present and voting, unless decisions on the appointment of the Director, work programs and 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, upon invitation of the Board, participate in its deliberations as observers. To this end, the Board shall prepare a list of organizations that establish relations with the Centre and have expressed interest in their work.
8. The Board may establish subsidiary organs on a permanent or ad hoc basis, as necessary for the effective discharge of its functions; these bodies shall report to the Board.
Article 7. SCIENTIFIC ADVISORY BOARD.
1. The Council will consist of up to ten scientists and technologists specialized in the substantive areas of the Center. It will be a scientific board member of the host State. The members shall be elected by the Board. the importance of electing members on the basis of a balanced geographical representation will be taken into account. The Director shall act as Secretary.
2. Except in regard to the first election, members of the Board shall serve for a period of three years and may be reappointed for another period of three years. The terms of the members shall be such that it does not choose more than one-third each time.
3. The Council shall elect a Chairman from among its members.
4. The Council, in addition to performing other functions specified in this Statute or which have been delegated by the Board shall have the following powers:
a) Examine the draft work program and budget of the Centre and make recommendations to the Meeting;
B) Review the implementation of the approved work program and submit the corresponding report to the Board;
C) Elaborate on the prospects in the medium and long-term programs and planning of the Centre, including specialized areas and new areas of research and make recommendations to the Board;
D) Assist the Director on all substantive, scientific and related activities of the Centre technical issues, including cooperation with the Centres and Networks;
E) Approve safety regulations for the research work of the Centre;
F) To advise the Director on the appointment of senior staff (Heads of Departments and above).
5. The Council may establish ad hoc groups of scientists from Member States for the preparation of specialized scientific reports to facilitate its task of advising and recommending to the Board the adoption of appropriate measures.
6. The Council will hold an annual regular session, unless it decides otherwise.
B) The sessions will be held at the headquarters of the Centre unless the Council decides otherwise.
7. The Heads of Affiliated Centres and one representative for each Affiliated Network may participate in the Council's deliberations as observers.
8. The senior scientific staff may attend the meetings of the Council, if so required.
1. The Secretariat shall comprise the Director and staff.
2. The Director shall be appointed by the Board from among candidates of Member, after consultation with the Council states, and serve for a period of five years. It may be reappointed for an additional period of five years, after which there may be reappointed. He will be appointed as Director to a prominent person enjoying the highest possible standing and reputation in the scientific and technological field of the Centre. It will also take due account of the experience of the candidate to lead a scientific center and a multidisciplinary group of scientists.
3. The staff shall comprise a Deputy Director, Heads of Departments and other professional, technical, administrative and clerical personnel including manual workers as the Centre may require.
4. The Director shall be the highest scientific and administrative officer of the Centre and its legal representative. It will act as such in all meetings of the Board and its subsidiary bodies. The Director, subject to the guidelines of the Board or the Council and under its supervision have the responsibility and global authority in the direction of the work of the Centre. He shall perform all other functions to trust him in these bodies. The Director shall be responsible for the appointment, organization and personnel management. The Director may establish a consultation mechanism with senior scientists of the Centre concerning the evaluation of scientific results and current planning of scientific work.
5. In carrying out its functions, the Director and the staff shall not seek or receive instructions from any government or from any authority external to the Centre. They shall refrain from any action that may affect their position as international officials responsible only to the Centre activities. Each Member undertakes to respect the exclusively international character of the responsibilities of the Director and the staff shall not seek to influence them in the performance of their tasks.
6. The Director shall appoint the staff in accordance with the rules approved by the Board. The conditions of service of staff shall as far as possible, the pattern of the common system of the United Nations. The paramount consideration in the employment of scientific and technical personnel and in determining the working conditions will be the need to ensure the highest standards of efficiency, competence and integrity.
Article 9. Centres and Networks.
1. In accordance with paragraph 1o. Article 1o., subsection g) of article 2. and subsection g) of Article 3., the Centre shall develop and promote a system of Affiliated Centres and Affiliated Networks in order to achieve the objectives of the Centre.
2. Based on the recommendation of the Board, the Board shall establish the criteria governing the granting of the status of Associate Center to research centers and decide the scope of its official relations with the organs of the Centre.
3. Based on the recommendation of the Board, the Board shall establish the criteria governing the granting of the status of Affiliated Networks to such national, regional and international groups of laboratories of Member States in a special way to strengthen the Centre's activities.
4. Prior approval of the Board the Centre shall conclude agreements that their relationship with the Centres and Networks is determined. These agreements may include scientific and financial aspects, without being limited thereto.
5. The Centre may contribute to the financing of Affiliated Centres and Networks according to a formula approved by the Board in accordance with Member States concerned.
ARTICLE 10. FINANCIAL MATTERS.
1. Funding Center in general consist of:
a) Initial contributions for launching the Centre;
B) Annual contributions of Members preferably in convertible currency;
C) General and special voluntary contributions, including donations, bequests, grants and trust funds from Members, non-members, the United Nations, its specialized agencies, the International Atomic Energy Agency, the United Nations Program Development, intergovernmental and non-governmental organizations, foundations, institutions and individuals, subject to the approval of the Board;
D) Any other sources, subject to the approval of the Board.
2. For financial reasons, the least developed countries, according to the definition of the relevant resolutions of the United Nations may become Members of the Centre on the basis of more favorable criteria established by the Board.
3. The host State shall make an initial contribution by making available the necessary Center (land, buildings, furniture, equipment, etc.) infrastructure as well as through a contribution to the operating costs of the Centre during its first years of existence.
4. The Director shall prepare and submit to the Board through the Council a draft work program for the following financial year, together with the corresponding financial estimates.
5. The fiscal year of the Centre shall be the calendar year.
Article 11. APPORTIONMENT OF CONTRIBUTIONS AND AUDITS.
1. During the first five years the regular budget will be based on the amounts pledged annually by each Member for those five years. After the first five years, it may consider that the board assign each year the annual contributions for the following year on the basis of a recommended by the Preparatory Commission formula, taking into account the contribution of each member to the budget regular United Nations, based on the scale of assessments.
2. States that become Members of the Centre after 31 December may consider a special contribution to capital expenditure and current operational costs for the year in which they become.
3. Contributions made in accordance with paragraph 2o. of this Article shall be applied in reducing the contributions of other Members unless otherwise decided by the Board by the majority of all its Members.
4. The Board shall appoint auditors to examine the accounts of the Centre. The auditors shall submit to the Board through the Council a report on the annual accounts.
5. The principal auditors provide information and assistance they need in the performance of their duties.
6. States which have to seek approval of these Statutes by the legislative authorities to participate in the Centre and, therefore, have signed the Statutes ad referendum shall not be required to pay a special contribution, as provided for in the 2nd paragraph . of this article, in order to make their participation effective.
ARTICLE 12. HEADQUARTERS AGREEMENT.
The Centre shall conclude an agreement on the seat with the host Government. The provisions of this Agreement shall be subject to the approval of the Board.
Article 13. Legal status, privileges and immunities.
1. The Centre shall have legal personality. It will be fully able to exercise its functions and achieve its objectives, including:
a) Conclude agreements with States or international organizations;
C) acquire and dispose of movable and immovable property;
2. The Centre, its property and assets, wherever they are, shall enjoy immunity from every form of legal process except in specific cases where it has expressly waived its immunity. However, no waiver of immunity shall be valid for implementing measures.
Jurisprudence - Effective
3. All premises of the Centre shall be inviolable. The property and assets of the Centre wherever they are found, may not be registered, requisition, confiscation, expropriation or any other form of interference, whether by executive, administrative, judicial or legislative.
Jurisprudence - Effective
4. The Centre, its property, assets, income and transactions shall be exempt from all forms of taxation and tariffs and are not subject to prohibition or restrictions on imports and exports in the case of articles imported Center or exported for its official use .
Likewise, the Centre shall be exempt from any obligation for the payment, withholding the collection of any tax or duty.
5. Representatives of Members, shall enjoy the privileges and immunities provided in Article IV of the Convention on the Privileges and Immunities of the United Nations.
6. Officials of the Centre shall enjoy the privileges and immunities provided in Article V of the Convention on the Privileges and Immunities of the United Nations.
7. Experts of the Centre shall enjoy the same privileges and immunities provided for officials of the Centre in the 6th paragraph. foregoing.
8. All persons undergoing training or participating in an exchange program of staff at the headquarters of the Centre or elsewhere within the territory of Members under the provisions of this Statute shall be entitled to obtain entry permits, residence or exit when necessary for training or personnel exchange. You will be given facilities for speedy travel and, where necessary, quickly and free visas shall be granted.
9. The Centre shall cooperate at all times with the competent authorities of the Host State and other Members to facilitate the proper administration of justice, ensure compliance with national laws and prevent any abuse in connection with the privileges, immunities and facilities mentioned in this article.
ARTICLE 14 PUBLICATIONS AND INTELLECTUAL PROPERTY RIGHTS.
1. The Centre shall publish all results of its research activities provided such publication does not contravene its general policy regarding intellectual property rights approved by the Board.
2. It will be the center all rights, including title, copyright and patent rights, in any work produced or developed by the Centre.
Jurisprudence - Effective
3. The policy of the Centre to obtain patents or interests in patents on results of activities of genetic engineering and biotechnology developed through projects of the Centre.
Jurisprudence - Effective
4. access to intellectual property rights concerning the results emanating from the research work of the Centre Members and developing countries which are not members of the Centre in accordance with applicable international conventions will be given. In formulating rules regulating access to intellectual property, the Board shall not establish criteria prejudicial to any Member or group of Members.
Jurisprudence - Effective
5. The Center will use its patent rights and other rights, as well as financial benefits and other class behave, to promote peaceful purposes, development, production and wide application of biotechnology essentially for the benefit of developing countries .
ARTICLE 15. RELATIONS WITH OTHER ORGANIZATIONS. To undertake its activities and achieve its objectives, the Centre, with the approval of the Board, may, where appropriate, seek the cooperation of other States that are not parties to this Statute, the United Nations and its subsidiary bodies, of the specialized agencies of the United Nations and the International Atomic Energy Agency, governmental and non-governmental organizations and national scientific institutes and societies.
ARTICLE 16. AMENDMENTS.
1. Any Member may propose amendments to this Statute, the Director shall promptly notify all Member texts of the proposed amendments, which will be considered by the Board only after ninety days after the dispatch of the communication.
2. Amendments shall be adopted by a two-thirds majority of all Members and shall enter into force for those Members who have deposited instruments of rectification.
ARTICLE 17. WITHDRAWAL. Any Member may withdraw at any time after five years of membership by written notice to the Depositary a year in advance.
ARTICLE 18. LIQUIDATION. If terminating the activities of the Centre the State in which it is located the headquarters of the Centre, will be liquidated, unless Members agree otherwise at the time of termination. Members unless otherwise decided, any surplus be distributed among the States which are Members of the Centre at the time of the termination in proportion to all payments made from the date on which they become Members of the Centre. In case of a deficit, this shall be met by the existing Members in the same proportion to their contributions.
ARTICLE 19. SETTLEMENT OF DISPUTES. Any dispute involving two or more Members concerning the interpretation or application of this Statute which is not settled by negotiation between the parties or, if necessary, through the good offices of the Board shall, at the request of the parties to the dispute, to any of the means of peaceful settlement of disputes envisaged in the Charter of the United Nations within the date on which the Board declare that the dispute can not be settled through their good offices three months.
ARTICLE 20. SIGNATURE, RATIFICATION, ACCEPTANCE AND ACCESSION.
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 then at the Headquarters of the United Nations in New York until the date of its entry into force in accordance with Article 21.
2. This Statute is subject to ratification or acceptance by the signatory States. The appropriate instruments shall be deposited with the Depositary.
3. A After the entry into force of this Statute in accordance with Article 21, states that have not signed the Statute may accede to it by depositing instruments of accession with the Depositary after their request for membership has been approved by the Board .
4. States which have to seek the approval of this statute by the legislative authorities may sign on an ad referendum until it has obtained the appropriate approval.
ARTICLE 21. ENTRY INTO FORCE.
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, after having ascertained among themselves that sufficient financial resources are ensured, notify the Depositary that these Statutes It will enter in vigor.
2. This Statute shall enter into force for each State acceding, after 30 days of the date on which that State deposited its instrument of acceptance.
3. Until it enters into force in accordance with paragraph 1o. above, the Statute shall apply provisionally upon signature within the limits permitted by national law.
The Secretary General of the United Nations shall be the Depositary of this Statute and send notifications issued as such the Director and Members.
ARTICLE 22. AUTHENTIC TEXTS. Be authentic in Arabic, Chinese, Spanish, French texts, Russian and this Statute.
In witness whereof, the plenipotentiaries infraescritos,
being duly authorized by their respective
Governments, have signed this Statute:
Done at Madrid, on the thirteenth day of September
year in 1983, in a single original.
SIGNED THE HEAD OF THE LEGAL OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS
That this faithful reproduction is taken photocopy of the certificate text of the "Statute of the International Centre for Genetic Engineering and Biotechnology" in Madrid on December 13, 1983, which is on file in the Office law of the Ministry.
Given in Bogota, DC, at twenty (28) days
of July in 1994 (1994).
The Head of the Legal Office,
VARELA HECTOR ADOLFO Sintura.
Public Power Executive Presidency of the Republic
Santafe de Bogota, DC,
Approved Rama. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo.
(Sgd.) The Minister of Foreign Affairs,
Noemi Sanin de Rubio. DECREES
ARTICLE 1o. Approval of the "Statute of the International Centre for Genetic Engineering and Biotechnology", made in Madrid on 13 September 1983. Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Statute of the International Centre for Genetic Engineering and Biotechnology" in Madrid on September 13, 1983, that article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Published and executed.
After review of the Constitutional Court, under Article 241-10
of the Constitution.
Given in Bogota, DC, on August 11, 1995.
Ernesto Samper Pizano.
The Minister of Foreign Affairs,
RODRIGO PARDO GARCIA_PEÑA.
The Director of the National Planning Department, JOSE ANTONIO OCAMPO