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MOTION for a RESOLUTION paragraph 31/X Given that the Member States of the community of Portuguese Language countries adopted the Convention on the Regional Center of excellence in Enterprise Development, in the III Conference of Heads of State and Government of the community of Portuguese Language countries, held in Maputo, 18 July 2000, having been signed by Member States in the Executive Secretariat in Lisbon , 31 May 2004; Whereas the Convention aims to create the international body called the Regional Center of excellence in the development of enterprise, with headquarters in Luanda, and its organic and functional framework; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve, for ratification, the Convention on the Regional Centre of excellence in Business Development, adopted at the III Conference of Heads of State and Government of the community of Portuguese Language countries in Maputo, 18 July 2000 , and signed at Lisbon on 31 May 2004, the text of which, in the authenticated version in Portuguese language, if published in the annex.
Seen and approved by the Council of Ministers of 24 November 2005.
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency CONVENTION on the REGIONAL CENTER of EXCELLENCE in ENTERPRISE DEVELOPMENT opened for signature on 31 May 2004 in the Executive Secretariat of CPLP PREAMBLE the Member States of the community of Portuguese Language countries, considering the Constitutive Declaration of the community of Portuguese Language countries (CPLP), on the occasion of the Conference of Heads of State and Government of Angola , Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal and São Tomé and Príncipe, in Lisbon, on 17 July 1996;
Cartoon purpose to strengthen and extend the actions aimed at the excellence in business development in the Member States, the Regional Center of excellence in Business Development within the framework of the community of Portuguese Language countries, as approved at the 3rd Conference of Heads of State and Government of the community of Portuguese Language countries, held in Maputo, to 18 July 2000;
Considering the identity of the Portuguese language countries, situated in geographically discontinuous space but identified by common language, historical link and the common heritage of their peoples, resulting from a multisecular coexistence;
Recognizing the importance that the institutions of the Member States of the CPLP are strengthened, as a fundamental condition to speed up your development process;
Recognizing the need to stimulate business development in the Member States of the CPLP;
Recognizing the opportunity to introduce training programmes for entrepreneurs and tech support to micro, small and medium-sized enterprises in the Member States of the CPLP;
Recognizing the importance of international cooperation with Member States is geared towards your progressive autonomy, in particular in the management of business development programs and professional training; and Considering the firm purpose of the Member States to develop joint technical cooperation efforts aimed at obtaining the capabilities that each of its members needs for economic and social development of their peoples;
Agree as follows: CONVENTION on the REGIONAL Centre of EXCELLENCE in BUSINESS DEVELOPMENT CHAPTER I – GENERAL PROVISIONS Article 1. Definitions for the purposes of this Convention: a) "Member State" means a State member of the CPLP which becomes a party to this Convention;
b) "Regional Centre" means the institution referred to in article 2;
c) "Board" means the Board of the Regional Centre referred to in section I, Chapter III; and (d)) "fiscal year" means the period from 1 January to 31 December.
and Article 2°). Subject to this Convention aims to establish the Regional Centre of excellence in Business Development, as approved at the III Conference of Heads of State and Government of the community of Portuguese Language countries, held in Maputo, to 18 July 2000.
Article 3. Legal Status 1. The Regional Centre established by this Convention is endowed with international legal personality.
2. Member States shall recognise in their internal legal orders, legal personality to the Regional Centre and the capacity to enter into legal transactions necessary for the attainment of its purposes.
Article 4. 1 headquarters. The Regional Center is based in Luanda.
2. The Regional Centre shall conclude an agreement with the Republic of Angola, called the headquarters agreement, which establishes the privileges and immunities of the deliberative Council, the representatives of the Member States, the Executive Director and of your team.
CHAPTER II-of the Article 5 PURPOSES. The purpose of the Regional Centre the purpose of Regional Center are: a) stimulate entrepreneurial skills in the Member States of the CPLP;
b) constitute the development of techniques and knowledge in business management and professional training;
c) undertake studies, socio-economic research, techniques and market relevant to the development of micro, small and medium-sized enterprises;
d) Support the integration of efforts of business development institutions and vocational training in the Member States of the CPLP; and strengthen institutional capacity) of the Member States of the CPLP to plan and implement programmes and projects for the development of enterprise and the permanent professional training of its technical staff.
Chapter III – of the organisation and operation Article number 6. The Regional Centre organs is composed of the following organs: a) the deliberative Council; and (b)) the Executive Director.
Section I of the DELIBERATIVE COUNCIL Article 7. Composition of the Board 1. The Board of Directors is composed of representatives of all the Member States of the CPLP signatories of this Convention.
2. Each Member State shall indicate the CPLP your representative and, in case of impediment or absence of this, your Substitute Representative and their Advisors to support your representation at Council meetings.
Article 8°. Presidency and Vice Presidency of the Council 1. The Council elects in each fiscal year a Chairman and a Deputy Chairman of the Board of Directors, who will receive no remuneration for the performance of these functions.
2. The Chairman and Vice-Chairman of the Council are chosen from among the representatives of the Member States of the CPLP, and allowed the re-election of one or both.
3. In the temporary absence of the Chairman of the Board, the Vice President will assume your place; in the temporary absence of the President and the Vice-President of the Council, or the inability of one or both continue to perform these functions in the remaining period of their mandate, the Council elects new representatives for the remaining period of the mandate for which the predecessors were elected.
Article 9°. Powers of the Council 1. The deliberative Council is the decision-making body of the organization.
2. in particular the deliberative Council: a) Establish financial rules in accordance with chapter IV of this Convention;
b) establish the Personal Regime of the Organization;
c) approve the annual work plans;
d) review and approve the budget; and e) review and approve the annual report and accounts.
Article 10. Operation of the Council 1. The Council shall adopt the rules of procedure your within 90 days from the date of completion of your first session.
2. The Council holds a regular session per year.
3. The Council shall meet in special session whenever it so decides, with at least two-thirds of its members or on a proposal from the Executive Director of the Regional Centre, in agreement with the President of the Council.
4. The convening of meetings of Council and its agenda are made by the President of the Board of Directors with minimum antecedence of six weeks; in cases of force majeure, the summons will be made at least 10 days in advance.
5. The sessions of the Council are held on the premises of the Regional Centre.
6. At the invitation of any Member, the Council may meet outside the premises of the Regional Centre.
7. The rules of procedure of the Council may provide for specific procedures that enable the decision-making outside the framework of the respective meetings.
8. The Council shall draw up the minutes of all its meetings, as well as the register of decisions taken in accordance with the preceding paragraph.
Article 11 Quorum the Quorum for any meeting of the Council's five Member States.
Article 12 Decisions and recommendations of the Council's decisions shall be adopted by consensus.
Article 13 admission of observers the Council may invite any entity to participate as an observer in its sessions.
Section II of article 14 Executive Directorate. Executive Director 1. The Executive Director is the management and administration of the Organization, acting under the direction of the deliberative Council.
2. The Executive Director shall be appointed by the Board of the Regional Centre.
3. The terms and conditions of appointment of the Executive Director shall be determined by the Council.
4. The Executive Director shall be assisted by a team named by you in accordance with the rules and requirements for the performance of duties adopted by the Board of Directors.
Article 15. 1 incompatibilities. The Executive Director and your team undertake to respect the international nature of their duties in the Regional Center.
2. The post of Executive Director and your team is incompatible with the performance of other functions.
3. The Executive Director and your team will seek nor receive instructions from any Member State or any authority external to the institution in the performance of its functions in the Regional Center.
CHAPTER IV – article 16 FINANCES. Financial Accounts 1. The Regional Center approves two bills: the Administrative); and (b)) the special.
2. The Executive Director is responsible for the management of the accounts referred to in (a)) and (b)) in number 1 of this article, in accordance with the rules laid down by the Council.
Article 17. Administrative Account 1. Expenditure relating to the implementation of the Convention are covered by financial resources deposited in the administrative account in the form of annual contributions of the Member States, calculated in accordance with the principle of equality.
2. Before the end of each fiscal year, the Council approves the budget of the administrative account for the following fiscal year and sets the contributions due by Member States.
3. The contributions to the first budget of the administrative account are due on a date to be set by the Council in your first session.
Article 18. Outstanding contributions 1. If a member does not pay your contribution to the administrative account until three months after the due date, the Executive Director requests that the Member State owed Bank your contribution.
2. After the expiry of one month after the request referred to in the preceding paragraph, without which the contribution has been effected, the Member State will be asked to expose in order based the reasons that prevented the deposit.
3. Within six months, by a Council decision, can be applied to the amount due, the interest rate carried by the Central Bank of the Republic of Angola. Article 19. Special Account 1. The special account is to be used exclusively to finance the implementation of projects related to the objectives of the Regional Centre.
2. The sources of financing of the special account are, inter alia: a) the Special Fund of the community of Portuguese Language countries;
(b)) The development cooperation agencies;
c) financial support institutions, regional and international; and d) voluntary contributions.
3. The financial resources of the special account may only be used for the implementation of projects negotiated and approved by the sources of financing, in accordance with the implementation plan established.
4. All funds raised, linked to projects negotiated and approved, shall be deposited in the special account and all expenses arising from the implementation of such projects are charged to the special account, including remuneration, expenses and travel of consultants and professors.
5. Regional Centre is forbidden to borrow to finance the implementation of projects or assume any obligation relating to loans made by Member States.
6. When they are offered to the Regional Center financial resources linked to the implementation of specific projects, the Executive Director may accept the deposit of these funds in the special account, whose fate will be decided by the Council, on a proposal from the Executive Director.
7. The financial contributions for specific projects may be used only for the projects for which they were originally intended, unless with express approval of the Board in conjunction with donors.
8. After the end of each project, the Regional Center returns to each donor remaining financial resources; If there is more of a donor for a specific project, the remaining resources will be distributed pro rata according to the proportion of donor contributions, unless decided otherwise by the donor at the time of donation.
Article 20. Contributions 1. The contributions of Member States to the Administrative and Special Accounts shall be carried out in currency and exchange restrictions-free.
1.1. It is agreed that for the purposes of this Convention, the currency is the Euro, or the one that be determined as being the currency used for contributions to CPLP.
2. The Council may accept other forms of contributions to the special account, including material goods and services of specialists, to meet the needs of specific projects.
Article 21. Audit and publication of the balance-sheet 1. The Council shall appoint independent auditors, selected preferably between entities based in the Member States, to audit the accounts of the Regional Centre.
2. The audited balance sheets and Special Administrative accounts are sent to the Member States until four months after the end of the fiscal year.
3. The audited balance sheets are reviewed for approval by the Council in the subsequent session.
4. The summary of the audit reports and balance sheets are published.
Chapter V-of the ACTIVITIES of the REGIONAL CENTRE article 22. 1 projects. The Regional Centre project proposals are approved by the Executive Director, before being submitted to sources of funding.
2. The Board of Directors undertakes to perform ongoing monitoring of the operational activities of the Regional Centre, including with regard to the implementation of projects.
Article 23. Relations with the special fund the Regional Center maintains close contact with the CPLP Special Fund, for your support in the implementation of cooperation projects, training and development of human resources in public administration.
Article 24. Annual activity report the Regional Center discloses the annual activity report, approved by the Board of directors until four months after the close of each fiscal year.
Chapter VI-FINAL PROVISIONS article 25. Disputes any disputes concerning the interpretation or application of this Convention shall be decided by consensus in accordance with final and binding by the deliberative Council.
Article 26. General obligations of the Member States The Member States agree to accept the decisions taken by the Council, as well as refrain from taking any measure international or internal compromise to your effectiveness.
Article 27. Suspension of Obligations 1. In exceptional circumstances, emergency or due to force majeure, the Council may exempt a Member State of an obligation under this Convention.
2. The decision referred to in paragraph 1 is based, containing: a) the reasons for the dismissal; and (b)) the terms, conditions and deadlines.
Article 28. Amendments 1. The Council may adopt amendments to this Convention, on the proposal of any Member State.
2. Amendments shall enter into force once fulfilled the constitutional requirements of each of the Member States.
Article 29. Complaint 1. Any Member State may denounce this Convention at any time by notification in writing to the President of the Council.
2. The denunciation shall take effect 90 days after receipt of such notification.
Article 30. Accession this Convention shall remain open for accession of the States that will become members of the CPLP.
Article 31. Deposit the original text of this Convention and all instruments of ratification or accession shall be deposited with the Executive Secretariat of CPLP, which will send certified copies to the Member States.
Article 32. Entry into force 1. This agreement shall enter into force on the first day of the month following the date on which three Member States of the CPLP, including the Republic of Angola, have deposited at the headquarters of the CPLP, next to your Executive Secretariat, their instruments of ratification or equivalent documents that link to the agreement.
2. For each of the Member States to deposit later, at the headquarters of the CPLP, along with the Executive Secretariat, its instrument of ratification or equivalent document that bind to the same Agreement shall enter into force on the first day of the month following the date of deposit.
Done and signed in Lisbon, to 31 May 2004.
Republic of Angola the Federative Republic of Brazil Cape Verde Republic Republic of Guinea-Bissau Mozambique Portuguese Republic Democratic Republic of São Tomé and Príncipe Democratic Republic of Timor-Leste»
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