1996 ACT 304

(August 5)

Official Journal No. 42,852 of 9 August 1996

By means of which the Agreement for the Creation of the Inter-American Institute for the Research of Global Change, IAI, signed in Montevideo on 13 May 1992, is approved.

THE CONGRESS OF THE REPUBLIC

DECRETA:

Having regard to the text of the "Agreement for the Creation of the Inter-American Institute for Global Change Research", IAI, signed in Montevideo on 13 May 1992.

" AGREEMENT FOR THE CREATION OF THE INTER-AMERICAN INSTITUTE

FOR GLOBAL CHANGE RESEARCH

The Parties,

Recognizing that the chemical, biological, and physical processes and cycles of the Earth system suffer continuous alterations, both of natural and man-made origin, that constitute what is known as global change;

Seeing with concern that scientific knowledge about the terrestrial system, as well as the common understanding of the environmental, economic and social effects that these changes have on development, are insufficient;

Aware that global change can affect vital resources for humans and other species;

Whereas, for policy-making, accurate information and sound analysis are required about the causes of global change and its physical, social, economic, and ecological impacts;

Seeing with concern that research on global issues requires cooperation between research institutes, states and different areas of the inter-American region, as well as regional and international programmes of research of global change;

Convinced that regional cooperation among States should complement national and global efforts to address these issues;

Having present that in order to encourage such regional cooperation, the creation of an Inter-American Institute for Global Change Research was proposed by the scientific community of the Americas at the 1990 White House Conference on Scientific and Economic Research related to Global Change,

Agree on the following,

ARTICLE 1o. CREATION OF THE INSTITUTE. By the present the Parties create the Inter-American Institute for Global Change Research, hereinafter referred to as the "Institute", as a regional network of entities that cooperate in research.

ARTICLE 2o. GOALS. The Institute will seek to achieve the principles of scientific excellence, international cooperation and an open and open exchange of scientific information on global change. To this end, the Institute shall have the following objectives:

a) Promote regional cooperation for interdisciplinary research on those aspects of global change that relate to the earth, sea, atmosphere and environment sciences, as well as the social sciences, with special emphasis on their effects on ecosystems and biological diversity, on their socio-economic impacts, and on the technology and economic aspects that seek to mitigate and adapt to global changes;

b) Carry out or sponsor selected scientific programs and projects based on their relevance to the region and its scientific merit, as determined by scientific evaluation;

c) To carry out at regional level those investigations that cannot be carried out by any State or institution individually, and to concentrate its efforts on scientific topics of regional importance;

d) Improve scientific and technical capacity, and research infrastructure in the countries of the region, by identifying and promoting the development of facilities for the implementation of data processing and through the scientific and technical training of professionals;

e) Promoting standardisation, collection, analysis and exchange of scientific information on global change;

f) Improving public awareness and providing scientific information to governments for policy-making on global change;

g) Promoting cooperation among research institutions in the region;

h) Encourage cooperation with research institutions in other regions.

ARTICLE 3o. SCIENTIFIC AGENDA. In accordance with the above objectives, the Institute will have a constantly evolving Scientific Agenda that reflects an appropriate balance between the various biogeographical areas of scientific importance, integrating the scientific, economic and sociological research, and to focus its attention on regional issues established by the Conference of the Parties, in accordance with Articles V, VI, href="ley_0304_1996.html#7"> VII and VIII Present Agreement. The initial Scientific Agenda will include:

a) The study of tropical ecosystems and biogeochemical cycles;

b) The study of the impact of climate change on biological diversity;

c) The study of South-South-Oscillation and climate variability year-on-year;

d) The study of ocean/air/land interactions in the inter-tropical Americas;

e) Comparative studies of ocean, coastal and estuarine processes in temperate zones;

f) Comparative studies of temperate terrestrial ecosystems;

) Processes in high latitudes.

ARTICLE 4. ORGANOS. The Institute shall be composed of the following bodies:

a) The Conference of the Parties;

b) The Executive Board;

c) The Scientific Advisory Committee;

d) The Executive Address.

ARTICLE 5o. CONFERENCE OF THE PARTIES.

1. The Conference of the Parties shall be the main body responsible for formulating the policies of the Institute.

2. Each Party shall be a member of the Conference of the Parties.

3. The Conference of the Parties shall meet at least once a year.

4. The Conference of the Parties shall:

(a) Consider and adopt measures to establish, examine and update the Institute's policies and procedures, as well as to assess its work and the fulfilment of its objectives;

b) Review and regularly approve the Institute's Scientific Agenda, taking into account the recommendations of the Scientific Advisory Committee, and consider and approve its long-term plans and annual programme and budget, taking into account:

i) The processes or themes that are unique to the region and its relevance on a global scale;

ii) The research potential in the region and its best use to contribute to the global effort to understand global change;

(iii) The need to integrate research into global issues through cooperation between research institutes, states and the various areas of the inter-American region, as well as collaboration with regional programmes and international global change research;

c) Consider and approve the financial policies, annual budget and accounting records of the Institute presented by the Executive Director;

d) To elect the Members of the Executive Board and the Scientific Advisory Committee, and the Executive Director;

e) Consider and approve the Executive Council Regulation;

f) Deciding the place of their ordinary and extraordinary annual meetings, which will rotate between the Parties;

g) Extend association invitations to the Institute through the Executive Director, in accordance with Article XI of this Agreement;

h) Authorize the Executive Director to conclude Association Agreements with those who agree to join the Institute;

i) Deciding on the creation and designation of the Institute's Research Centers and their location, in accordance with Article IX;

j) Making decisions about the location of the Executive Address;

k) Create the ad hoc committees that are necessary;

l) Approve the amendments to this Agreement, in accordance with Section 3 of Article XV;

m) To perform any other function that is necessary to achieve the objectives of the Institute.

ARTICLE 6o. EXECUTIVE BOARD.

1. The Executive Board shall be the executive body of the Institute.

2. The Executive Board shall be composed of a maximum of nine members, elected by the Conference of the Parties for two-year periods, taking into account the need for a geographically balanced representation.

3. The Executive Council shall meet at least twice a year and shall endeavour to hold its meetings on a rotating basis between the various Parties.

4. The Executive Board shall:

a) Formulate recommendations on the Institute's policies for consideration and approval of the Conference of the Parties;

b) Be attentive to the Executive Director implementing the policies adopted by the Conference of the Parties;

c) Make recommendations to the Conference of the Parties on long-term plans and the annual program and budget;

d) Make recommendations to the Conference of the Parties on the Institute's financial policies proposed by the Executive Director;

e) Designate an external auditor and review the annual external audit of the accounting records presented by the Executive Director to the Conference of the Parties;

f) Make recommendations to the Conference of the Parties on the amendments to the Executive Council Regulation;

g) Propose to the Conference of the Parties the designation of the Research Centers of the Institute;

h) Carry out other functions that the Conference of the Parties entrusts.

ARTICLE 7o. SCIENTIFIC ADVISORY COMMITTEE.

1. The Scientific Advisory Committee shall be the main scientific advisory body of the Institute.

The Scientific Advisory Committee shall be composed of ten members elected by the Conference of the Parties in a personal capacity for three-year terms and may be re-elected for a single additional period. The Conference of the Parties shall elect six members of the Scientific Advisory Committee among the candidates presented by the Parties; three members, among the candidates presented by the Scientific Advisory Committee itself; and one member, among the candidates. candidates presented by the Institute's Associates. These members will be internationally recognized scientists for their knowledge in areas linked to the Institute's objectives; they will take care that they are widely represented among the subregions, the region and the world in general. as the various disciplines linked to the research of global change.

3. The Scientific Advisory Committee shall meet as required, but at least once a year.

4. The Scientific Advisory Committee shall:

a) Make recommendations to the Conference of the Parties on the Scientific Agenda, the long-term plans and the Institute's annual program;

b) To direct the review system by the Institute, ensuring that its rules prevent individual members of the Committee from participating in the evaluation of the proposals they themselves have submitted;

c) Adopt your own regulation;

d) Create scientific committees to address specific issues;

e) Evaluate the scientific results obtained by the Institute;

f) To perform any other function entrusted to it by the Conference of the Parties.

ARTICLE 8o. EXECUTIVE ADDRESS.

1. The Executive Directorate shall be the main administrative body of the Institute.

2. The Executive Director shall be composed of a Executive Director and his/her staff.

3. The Executive Director shall be the principal executive officer of the Institute.

4. The Executive Director shall be elected by a two-thirds majority of the Conference of the Parties, among the candidates presented by the Parties, for a period of three years renewable for a single additional period.

5. The Executive Director shall:

(a) Prepare and submit to the Conference of the Parties through the Executive Board, the long-term plan and the proposed financial policies and the Institute's annual program and budget, including the appropriations for the Executive Management and Research Centers of the Institute, which will be updated annually;

b) Implement the annual financial policies and program and budget approved by the Conference of the Parties, keep detailed records of all the Institute's revenue and expenditure, and allocate authorized funds to the administration of the Institute;

c) To be responsible for the day-to-day functioning of the Institute's program and for the implementation of policies approved by the Conference of the Parties, in accordance with the directives of the Executive Council, and to cooperate with it for such purposes;

d) Act as Secretary of the Conference of the Parties, the Executive Council and the Scientific Advisory Committee, and as such participate in law at the meetings of the Institute's organs;

e) Promote and represent the interests of the Institute;

f) To transmit to the Conference of the Parties the offers to host the Research Centers of the Institute, according to the proposals that are received according to the article IX;

g) Extend invitations to join the Institute once approved by the Conference of the Parties and to subscribe in each case to those who agree to join the corresponding Association Agreement;

h) Submit annually to the Conference of the Parties, through the Executive Board, the audited accounting records;

i) To perform any other function entrusted to it by the Conference of the Parties or the Executive Council.

6. The Executive Director shall not be a citizen or a permanent resident of the Party's headquarters.

ARTICLE 9o. INSTITUTE RESEARCH CENTERS.

1. The Conference of the Parties shall establish and designate Research Centres of the Institute solely on the basis of proposals submitted by the Parties concerned to host such Centres on their own territory.

2. Each Research Centre of the Institute shall undertake in the long term to carry out a research programme according to the objectives of the Institute, of which the Institute shall be responsible to the Institute. Each Research Centre shall present its long-term plans and annual programme and budget for the approval of the Conference of the Parties, on the basis of the recommendations of the Scientific Advisory Committee and the need for the Institute to integrate the plans and programmes of all the Centres.

3. The Research Centres of the Institute shall, among others:

a) Carry out and support interdisciplinary research, both internal and external, on global change;

b) Collect data and promote the full, open and efficient exchange of data and information between the Institute and the Parties;

c) Strengthen the capabilities and infrastructure of existing institutions;

d) Create regional capacity and provide superior training in areas linked to global change;

e) Participate in law, through their respective Directors, at meetings of the Conference of the Parties, the Executive Council and the Scientific Advisory Committee;

(f) to perform any other function referred to in this Agreement in relation to the Research Centers of the Institute, or which the Conference of the Parties entrusts to them.

4. In the decision on the establishment or designation of a Research Centre of the Institute, the Conference of the Parties shall take into account:

a) The need to achieve broad coverage of all sub-regions of the inter-American region defined biogeographically;

b) The need to consolidate a regional network of research components oriented to the different areas of the Institute's Scientific Agenda;

c) The ease of access to the site for visiting scientists and technicians;

d) The availability of logistical support, including, among others, mail, telecommunications, and accommodation;

e) The verifiable interest of scientists and governments to conduct research on global change and to cooperate with other institutions;

f) The existence of an institution or scientific core at the site, actively, in total or significant form, dedicated to the research of global change;

g) The possibility of long-term stable interest and support for the research objectives of the Institute;

h) The ability to contribute resources to the entire Institute through, among others, areas of specialty, knowledge and location;

i) The conditions offered by the proposing Parties regarding the open and efficient transfer of funds related to the Institute, and the ease of entry and exit of the country of staff and equipment whose linkage with the Institute activity is duly accredited;

j) The possibility of access to consolidated databases and the proximity to more specialized research infrastructures on issues associated with global change and training for research.

ARTICLE 10. AFFILIATED RESEARCH INSTITUTIONS.

1. Institutions submitting proposals for specific research projects by means of the Parties concerned may be designated as members of the Institute by decision of the Conference of the Parties, during the period of the duration of the project. The Conference should base its decision on the evaluation of the proposal, taking into account the opinion of the Scientific Advisory Committee on the scientific merit of the proposed project and its link with the objectives of the Institute.

2. Affiliated research institutions will be accountable to the Institute for that part of their work that is sponsored by the Institute.

ARTICLE 11. INSTITUTE ASSOCIATES.

1. The Conference of the Parties may invite the Institute to be associated with States outside the region and regional or international intergovernmental bodies, as well as to industries and other non-governmental and private organizations. interested in supporting the Scientific Agenda and the Institute's programmatic activities.

2. The Associates may participate as observers at the meetings of the Conference of the Parties.

3. The Associates shall have the right to submit a nomination to the Scientific Advisory Committee in a collective manner, in accordance with the procedure they agree.

4. Each Associate shall sign with the Institute, through the Executive Director, an Association Agreement specifying the point or points of the Scientific Agenda to be supported by the Associate and the modalities of such support.

ARTICLE 12. NATIONAL JURISDICTION. Investigations undertaken, directed or sponsored by the Institute shall be conducted in accordance with the laws of the Parties applicable within its national jurisdiction, and shall not be conducted within the jurisdiction of the your wishes.

ARTICLE 13. FINANCIAL PROVISIONS.

1. The budget of the Institute's operating expenses, which will include the salaries of the members of the Executive Directorate and the basic support to the Executive Board, the Scientific Advisory Committee and the Executive Council, will be solved by the voluntary contributions committed annually by the Parties for a period of three years, in accordance with the interests of the Parties. These contributions will be for multiples of five thousand US dollars. The Parties shall adopt the annual budget by consensus. The Parties recognise that regular contributions to the operational budget are essential to the success of the Institute and that they will have to take into account the research resources of the contributing parties.

2. The main research programmes and the specific projects that the Institute sponsors will be funded through voluntary financial contributions committed by the Parties and the Institute's Associates, or donated by others. countries outside the region, by intergovernmental, regional or international organizations, and by industries and other non-governmental and private organizations interested in supporting the Scientific Agenda and the Institute's programmatic activities.

3. The Executive Board, with the cooperation of the Executive Director, shall propose to the Conference of the Parties, for its approval, the creation of a Capital Reserve Fund that generates interest income, as well as options to obtain resources by other means.

ARTICLE 14. PRIVILEGES AND IMMUNITIES AND OTHER PROVISIONS.

1. The Executive Director's Party shall grant the Executive Director and the staff of the Executive Director other than the national of that Party, the privileges and immunities which are normally granted to other international governmental organizations and which allow the Executive Director and the staff to carry out their duties.

2. The host Party of the Executive Directorate shall enter into a Headquarters Agreement with the Institute, in which, taking into account international law, such privileges and immunities shall be provided.

3. Each Party shall provide, in the broadest possible form, its national legislation and regulations, the entry into its territory and the departure of the staff who duly accredit their liaison with the work of the Institute, as well as the materials and equipment related to the work carried out under this Agreement.

ARTICLE 15. FINAL PROVISIONS.

1. This Agreement shall be available in the Eastern Republic of Uruguay for the signature of all the independent States of the inter-American region, from 13 May 1992 to 12 May 1993. Such States shall be considered as Founding Parties. Subsequently, this Agreement shall be open to the Depositary for the accession of other independent States of the inter-American region.

2. This Agreement shall enter into force 60 days after the date on which six independent States of the inter-American region have notified the Depositary, by diplomatic means, of compliance with the applicable internal legal requirements.

3. The amendments adopted by the two-thirds vote of the Conference of the Parties shall enter into force 60 days after the date on which the two-thirds of the Parties have notified the Depositary, by diplomatic means, of the compliance of the Parties with the applicable internal legal requirements.

4. Any of the Parties involved in this Agreement may withdraw from it by written notification to the Depositary by diplomatic means, six months in advance of the effective date of its withdrawal, without prejudice to compliance with the provisions of this Agreement. the obligations which it has to do with respect to ongoing projects.

5. The General Secretariat of the Organization of American States shall be the Depositary of this Agreement.

6. This Agreement shall be registered by the Depositary to the General Secretariat of the United Nations.

Subscribed in Montevideo, Uruguay, on May 13, 1992,

in four equally authentic original copies,

in Spanish, French, English, and Portuguese.

By the Republic of Argentina,

Unreadable Signature.

By the Republic of Peru,

Unreadable Signature.

For the Eastern Republic of Uruguay,

Unreadable Signature.

For the Republic of Paraguay,

Unreadable Signature.

By the Republic of Ecuador,

Unreadable Signature.

By Canada,

Unreadable Signature.

By the Republic of Cuba,

Unreadable Signature.

By the Republic of Colombia,

Unreadable Signature.

The subscribed Chief is (sic) the Office of the

Ministerio se (sic) Relaciones Exteriores,

NOTES:

That the present reproduction is faithful photocopy taken from the certified text of the "Agreement for the Creation of the Inter-American Institute for the Research of Global Change", signed in Montevideo on 13 May 1992, which is based on the archives of the Legal Office of this Ministry.

Given in Santa Fe de Bogota D.C., at twenty-two (22) days

of the month of February of a thousand nine hundred and ninety-four (1994).

HECTOR ADOLFO SINTURA VARELA,

Head of the Legal Office.

EXECUTIVE BRANCH OF THE PUBLIC POWER PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D.C., March 18, 1994

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(Fdo.) NOHEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1A. Approve the "Agreement for the Creation of the Inter-American Institute for Global Change Research," IAI, signed in Montevideo on May 13, 1992.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. In 1944, the "Agreement for the Creation of the Inter-American Institute for the Research of Global Change, IAI", signed in Montevideo on 13 May 1992, as provided for in Article 1. of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post.

Execute previous Constitutional Court review

pursuant to article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D.C., at 5 August 1996.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJiA VELEZ.

The Minister of the Environment,

JOSE VICENTE MOGOLLON VELEZ.