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RS 0.440.3 December 1956 Statutes of the International Centre for Studies for the Conservation and Restoration of Cultural Property

Original Language Title: RS 0.440.3 Statuts de décembre 1956 du Centre international d’études pour la conservation et la restauration des biens culturels

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0.440.3

Original text

Statutes of the International Centre for Studies for the Conservation and Restoration of Cultural Property

Adopted in New Delhi in December 1956 Instrument of accession deposited by Switzerland on 27 March 1959 Entry into force for Switzerland on 27 March 1959 Amenidae by decision of the General Assembly on 21 November 2003

(State on 27 November 2012)

Art. 1 Purpose and Functions

The "Centre international d' études pour la conservation et la restauration des biens culturels", hereinafter referred to as ICCROM, contributes to the conservation and restoration of cultural property worldwide, by creating, developing, promoting and facilitating The conditions of this conservation and restoration. ICCROM shall, inter alia, perform the following functions:

(a)
Gather, study and disseminate information on scientific, technical and ethical issues related to the conservation and restoration of cultural property;
(b)
To coordinate, stimulate or provoke research in this field through, inter alia, missions entrusted to bodies or experts, international meetings, publications and the exchange of specialists;
(c)
Provide consultations and recommendations on general issues or specific issues related to the conservation and restoration of cultural property;
(d)
Promote, design and deliver training in the conservation and restoration of cultural property, as well as the standards and practice of conservation and restoration work;
(e)
To encourage initiatives to create a better understanding of the conservation and restoration of cultural property.
Art. 2 Members

The ICCROM is an international organisation composed of member states.

(2) Any State which is a member State of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as "UNESCO") may become a member State of ICCROM, by filing a formal declaration of accession with the Director General of UNESCO. The State which has thus become a member of ICCROM and which subsequently ceases to be a member of UNESCO, retains its status as a member state of ICCROM.

3. A State which does not have the status of a Member State of UNESCO, or any former member State of ICCROM considered to have renounced its status as a Member State under Art. 9, or who has withdrawn in accordance with s. 10, may apply to the Director General of ICCROM for membership. After consideration of its request by the Council, that State may be admitted by the General Assembly to become a member State of ICCROM. The admission shall be made by a decision taken by a two-thirds majority of the member States of ICCROM present and voting. The admission of a Member State to the ICCROM decided in accordance with the provisions of this paragraph shall be notified to the Director-General of UNESCO.

4. Accessions made under the conditions set out in par. 2 of this Article shall take effect within 30 days of the receipt of the formal declaration of accession by the Director-General of UNESCO. Accessions made under the conditions set out in par. 3 of this Article shall take effect on the date on which the General Assembly decides to admit the Member State in question.

5. Each Member State shall contribute to the ICCROM budget at a rate fixed by the General Assembly.

Art. 3 Organs

ICCROM includes: a General Assembly, a Council and a Secretariat.

Art. 4 The General Assembly

Composition and participation

(a)
The General Assembly is composed of the delegates of the member states. Each Member State shall be represented by one delegate.
(b)
Delegates will be selected, if possible, from among the most qualified experts in the field of conservation and restoration of cultural property and, preferably, among those from the specialized agencies in this field.
(c)
UNESCO, the Istituto Centrale per il Restauro and the non-voting members of the Council mentioned in Art. 5.1 (j) have the right to participate in sessions of the General Assembly with observer status. They may submit proposals, but they do not have the right to vote.

2. Features

The functions of the General Assembly are to:

(a)
Determine the direction of the ICCROM;
(b)
Review and approve the programme of activities and the budget of ICCROM for the following biennium, on the basis of proposals made to it by the Council;
(c)
Decide on the admission of new Member States under the conditions laid down in Art. 2 para. 3;
(d)
Electing the members of the Board;
(e)
On a proposal from the Council, appoint the Director General under the conditions laid down in Art. 6 (d);
(f)
Review and approve reports on the activities of the Council and the ICCROM; Secretariat
(g)
Fixing the contributions of the Member States;
(h)
Adopt the Financial Regulation of the ICCROM;
(i)
Adjudicates on the application of the sanctions provided for in s. 9.

3. Procedure

The General Assembly:

(a)
Meets in ordinary session every two years;
(b)
Shall meet in extraordinary session if it so decides, if at least one third of the Member States so request, or on a decision of the Council;
(c)
Meets in Rome, Italy, unless the Council itself or the Council decides otherwise;
(d)
Adopt its rules of procedure;
(e)
At the beginning of each session, elect a President and an office;
(f)
Creates the committees that may be necessary for the performance of its duties.

4. Vote

Subject to the provisions of Art. 9, each Member State shall have one vote in the General Assembly. Decisions shall be taken by a simple majority of the Member States present and voting, unless otherwise provided in the present Statute or in the Rules of Procedure of the Assembly.

Art. 5 The Council

1. Composition

(a)
The Council consists of members elected by the General Assembly, a representative of the Director-General of UNESCO, a representative of the Government of Italy, a representative of the Istituto Centrale per il Restauro and non-voting members mentioned at Al. (i) below.
(b)
The elected members are twelve, plus an additional elected member for each of the five member states over the first thirty. The total number of elected members shall not, however, exceed twenty-five.
(c)
The members elected by the General Assembly shall be chosen from among the most qualified experts in the field of the conservation and restoration of cultural property, taking into account the interest in ensuring equitable representation of Large cultural regions of the world and appropriately cover the different areas of specialization corresponding to ICCROM's activity. The General Assembly shall also take into account the ability of such persons to carry out the administrative and executive functions of the Council.
(d)
The term of office of the elected members of the Council is four years. However, at the first regular session of the General Assembly to which these provisions come into force, the term of office of one-half of the members elected by this General Assembly shall be four years and the term of office of the other half shall be Two years. If at this session the number of members to be elected is odd, half of the members plus one will be elected for a four-year term.
(e)
The elected members of the Council shall serve from the close of the session of the General Assembly to which they have been appointed until the end of the session, which shall be held in the year in which their term of office expires.
(f)
Members of the Council are eligible for re-election, but may not receive more than two consecutive terms.
(g)
In the event of death, permanent incapacity or resignation of an elected member of the Council, the vacancy shall be filled for the remaining term of office by choosing from among the candidates who were not elected at the time of the previous election by The General Assembly, which received the largest number of votes. If this candidate is not available to sit, the seat will be filled by selecting the candidate who then obtained the largest number of votes and so on until the candidates were exhausted at the election. Where the seat cannot be filled by the choice of a person who applied for the previous election, the vacancy shall remain vacant until a new election occurs at the next session of the General Assembly.
(h)
The members of the Council elected by the General Assembly shall be elected on the basis of their personal suitability. They function in the interest of ICCROM and not in their capacity as representatives of States.
(i)
The non-voting members of the Council are a representative of the International Council of Museums and a representative of the International Council of Monuments and Sites.
(j)
Non-voting members of the Council may participate in Council discussions on an equal footing with other members.

2. Features

The functions of the Council are to:

(a)
Supervise, under the authority of the General Assembly, the implementation of the programme of activities and the budget adopted by the General Assembly;
(b)
In accordance with the decisions and guidelines of the General Assembly and taking into account the circumstances which may arise between two ordinary sessions of the General Assembly, take all relevant provisions on behalf of the General Assembly, and in collaboration with Closely with the Director-General, with a view to ensuring the effective and efficient implementation of the programme of activities by the Director General;
(c)
Developing policies, in close collaboration with the Director-General, and submitting them, as appropriate, to the approval of the General Assembly;
(d)
Revise and amend, if necessary, a draft programme of activities and budget prepared by the Director General and approve it for submission to the General Assembly;
(e)
Examine applications for admission to the ICCROM set out in the conditions set out in Art. 2 para. 3;
(f)
Make recommendations to the General Assembly on the appointment of the Director General and the duration and conditions of the appointment of the Director General and, where appropriate, renew the appointment of the Director General in accordance with the provisions of the Of Art. 6 (d);
(g)
Appoint the Director General in the circumstances set out in s. 6 (e)
(h)
Approve the structure of the Secretariat proposed by the Director General;
(i)
Approve the Staff Regulations;
(j)
Make recommendations to the General Assembly on the adoption of the Financial Regulations;
(k)
Appoint the auditor;
(l)
Oversee the financial operations of the ICCROM;
(m)
Prepare a report on its activities for consideration by the General Assembly at its regular sessions;
(n)
To perform such other functions as may be entrusted to it by the General Assembly.

3. Procedure

The Council:

(a)
Meets:
(i)
Immediately following an ordinary session of the General Assembly;
(ii)
Immediately before the ordinary session of the General Assembly that follows; and
(iii)
Once in the interval between the sessions referred to in (i) and (ii) above;
(b)
Meets in Rome, Italy, unless the General Assembly or itself decides otherwise;
(c)
Adopt its rules of procedure;
(d)
At the beginning of the first of its sessions following an ordinary session of the General Assembly, elect its President and his office, which shall remain in office until the close of the ordinary session of the General Assembly that follows;
(e)
Institutes such committees as may be necessary for the performance of its functions.

4. Vote

Each elected member of the Council, the representative of the Director-General of UNESCO, the representative of the Government of Italy and the representative of the Istituto Centrale per il Restauro shall have one vote. Decisions shall be taken by a simple majority of the said members present and voting, except as otherwise provided in the present Statute or in the rules of procedure of the Council.

Art. 6 The Secretariat

(a) The Secretariat shall be composed of the Director General and staff who may be required by ICCROM.

(b) The responsibilities of the Director-General and the staff are international in character. In the performance of their duties, they shall not seek or receive instructions from any government or from any foreign authority on ICCROM. They shall refrain from any action which may affect their status as international civil servants. All member states undertake to respect the international character of the responsibilities of the Director-General and staff and not to seek to influence them in the performance of their duties.

(c) Staff shall be appointed in accordance with the Staff Rules adopted by the Council. All staff members are accountable to the Director General.

(d) Subject to the provisions of para. (e) below, the Director-General shall be appointed by the General Assembly, on a proposal from the Council. The General Assembly, on the recommendation of the Council, shall determine the duration of its mandate and shall determine the conditions under which it shall carry out its functions. The appointment of the Director-General by the General Assembly may be renewed by the Council twice to the maximum and for a period not exceeding two years, provided, however, that the duration of the initial appointment of the The Director General and each renewal of this appointment by the Council shall in no case exceed a total of six years. The Director General may be re-elected by the General Assembly.

(e) When the functions of the Director-General become vacant in the interval between two sessions of the General Assembly, a new Director-General may be appointed by the Council for a period up to the day of the closure of the session Ordinary of the General Assembly that follows. The Council shall also determine the conditions for the appointment of the Director General, which shall be inserted in a contract signed by the President of the Council and the new Director General.

(f) The Director-General shall formulate proposals for action by the General Assembly and the Council, and prepare a draft programme of activities and budget for submission to the Council. In accordance with the decisions of the General Assembly and the Council, the Director-General is responsible for the effective and efficient implementation of the approved programme of activities. It shall draw up and communicate to the Member States periodic reports on the activities of ICCROM.

Art. 7 Financial Procedures

(a) The ICCROM budget shall be established on a biennial basis. Each draft budget for the next biennium is communicated to member States, with the programme of activities, at least sixty days before the session of the General Assembly in which they are to be considered.

(b) The period for the implementation of the ICCROM budget shall cover the two calendar years following the ordinary session of the General Assembly in which it is adopted, unless otherwise decided by the General Assembly.

(c) Member States' contributions in respect of an exercise shall be paid in the form of two instalments each of the two preceding years for an equal amount, one due at the beginning of the first calendar year, the other at the beginning of the Second calendar year.

(d) The Director General may directly accept voluntary contributions, donations, bequests and grants from Governments, public or private institutions, associations or individuals, subject to the conditions set out in the Financial Regulation.

(e) The budget shall be implemented by the Secretariat in accordance with the Financial Regulations, under the supervision of the Council.

Art. 8 Legal status

In the territory of each member state, ICCROM shall enjoy the legal capacity necessary to achieve its aims and perform its functions.

Art. Sanctions

A Member State shall lose its right to vote in the General Assembly and its right to nominate candidates to the Council when the total amount of its contributions to ICCROM that have matured and which have not been paid, irrespective of the year or Of the calendar years to which such contributions relate, exceeds the amount of contributions to be paid in respect of the current calendar year and the calendar year immediately preceding. A Member State which has not paid its contributions for four consecutive calendar years will also lose the right to benefit from ICCROM services. A State is considered to have renounced its status as a Member State when it has refrained from paying its assessed contributions for six consecutive calendar years. The General Assembly may, however, authorise a Member State to exercise the aforementioned rights, including the right to benefit from ICCROM services, or to retain its status as a Member State, if it considers that the failure of that State is due to Special circumstances beyond his control.

Art. 10 Withdrawal of Member States

Any Member State may withdraw from the ICCROM by giving notice to the Director General of ICCROM at any time after the expiry of a period of two years from the date of accession or admission by the General Assembly. This withdrawal takes effect on December 31 of the year following the year in which the notice was given. Such withdrawal shall not affect the financial obligations incurred in respect of ICCROM on the date on which it takes effect. The Director General of ICCROM shall inform the Director-General of UNESCO of the date on which the withdrawal of a Member State takes effect.

Art. 11 Amendments to the Statute

(a) The amendments to these Statutes may be proposed by a Member State or by the Council. They shall be adopted by a decision of the General Assembly taken by a two-thirds majority of the member States present and voting, provided that this two-thirds majority represents more than half of the member States of ICCROM.

(b) The Director General of ICCROM shall communicate the proposed amendments to all member States and to the Director-General of UNESCO at least 180 days before the session of the General Assembly on the agenda of which the draft amendment Must be entered.

(c) If, following the communication of an amendment proposal, a Member State or the Council wishes to introduce an amendment to this proposal, it may be introduced only on condition that it is communicated to all Member States and to the Director-General of UNESCO at least 90 days before the session of the General Assembly on the agenda for which the original amendment is to be recorded.

Art. 12 Entry into force

The present Statute shall enter into force immediately after the close of the XXIII E ICCROM General Assembly session.

Art. 13 Dissolution

ICCROM may be dissolved by a decision of the General Assembly. The General Assembly may take such a decision only on the condition that a written notification of the reasons for the proposed dissolution is sent to all Member States for six months. Any decision to dissolve the ICCROM must be adopted by a two-thirds majority of the member states present and voting, provided that the majority represents more than half of the member states of ICCROM.

Art. 14 Authentic texts Scope of application November 27, 2012

The French and English texts of these Statutes are equally authentic.

Scope of application on 27 November 2012 1

States Parties

Ratification

Entry into force

Afghanistan

8 January

2010 A

7 February

2010

South Africa

18 December

2003 A

17 January

2004

Albania

April 11

1962

April 11

1962

Algeria

January 18

1973

January 18

1973

Germany

30 October

1964

30 October

1964

Andorra

5 May

1998

4 June

1998

Angola

4 June

1992

4 June

1992

Saudi Arabia

19 January

2000 A

18 February

2000

Argentina

29 August

1988

29 August

1988

Armenia

5 April

2004

5 May

2004

Australia

26 June

1975

26 June

1975

Austria

20 May

1957

10 May

1958

Azerbaijan

4 January

2002

3 February

2002

Bahrain

15 November

2005 A

15 December

2005

Bangladesh

18 September

2007 A

18 October

2007

Barbados

7 March

1985 A

1 Er April

1985

Belgium

7 July

1959

7 July

1959

Benin

5 June

1986

5 June

1986

Bolivia

17 November

2004 A

17 December

2004

Bosnia and Herzegovina

19 June

2000 A

19 July

2000

Botswana

3 January

2002 A

2 February

2002

Brazil

August 21

1964

August 21

1964

Brunei

24 November

2005

24 December

2005

Bulgaria

12 January

1960

12 January

1960

Burkina Faso

4 January

1988

4 January

1988

Cambodia

13 June

1961

13 June

1961

Cameroon

4 May

1995

4 May

1995

Canada

7 November

1978 A

7 November

1978

Chile

3 February

1981

3 February

1981

China

15 May

2000

14 June

2000

Cyprus

6 May

1963

6 May

1963

Colombia

18 May

1971

18 May

1971

Congo (Brazzaville)

19 March

1999 A

18 April

1999

Korea (North)

29 September

1986

29 September

1986

Korea (South)

July 22

1968

July 22

1968

Côte d' Ivoire

17 December

1985

17 December

1985

Croatia

18 October

1993

18 October

1993

Cuba

25 June

1971

25 June

1971

Denmark

27 December

1972

1 Er January

1973

Egypt

5 November

1959

5 November

1959

United Arab Emirates

December 23

2009 A

22 January

2010

Ecuador

April 21

1980

April 21

1980

Spain

April 23

1958

10 May

1958

Estonia

10 January

2001 A

February 9

2001

United States

20 January

1971

20 January

1971

Ethiopia

5 December

1975

5 December

1975

Finland

3 July

1981 A

3 July

1981

France

29 September

1964

29 September

1964

Gabon

20 March

1961

20 March

1961

Gambia

11 December

1998

10 January

1999

Georgia

23 November

2001 A

December 23

2001

Ghana

23 February

1959

23 February

1959

Greece

March 17

1987

March 17

1987

Guatemala

18 September

1975

18 September

1975

Guyana

16 September

1999 A

October 16

1999

Haiti

21 May

1992

21 May

1992

Honduras

26 May

1964

26 May

1964

Hungary

7 June

1993

7 June

1993

India

2 October

1961

2 October

1961

Iran

18 December

1972

18 December

1972

Iraq A

14 November

2011 A

14 November

2011

Ireland

22 December

1986

22 December

1986

Israel

1 Er June

1958

1 Er June

1958

Italy

24 October

1960

24 October

1960

Japan

19 December

1967

19 December

1967

Jordan

10 July

1958

10 July

1958

Kenya

16 September

1998

October 16

1998

Kuwait

March 27

1962

March 27

1962

Laos

22 May

2006 A

21 June

2006

Lesotho

1 Er June

2007 A

1 Er July

2007

Latvia

1 Er March

2012 A

March 31

2012

Lebanon

4 July

1958

4 July

1958

Libya

1 Er September

1959

1 Er September

1959

Lithuania

21 October

1991

21 October

1991

Luxembourg

18 December

1978

18 December

1978

Macedonia

12 October

1993

12 October

1993

Madagascar

3 September

1963

3 September

1963

Malaysia

4 November

1966

4 November

1966

Maldives

7 June

2012 A

7 July

2012

Mali

9 October

1989

9 October

1989

Malta

August 24

1965

August 24

1965

Morocco

28 April

1958

10 May

1958

Mauritius

29 June

1998 A

July 29

1998

Mauritania

30 October

2009 A

29 November

2009

Mexico

8 August

1961

8 August

1961

Monaco

13 November

2007 A

13 December

2007

Mongolia

30 June

2003 A

July 30

2003

Montenegro

August 17

2007 A

16 September

2007

Mozambique

17 November

2003 A

17 December

2003

Myanmar

5 October

1987

5 October

1987

Namibia

21 November

1998

21 December

1998

Nepal

23 June

1969

23 June

1969

Nicaragua

August 30

1971

August 30

1971

Nigeria

12 December

1961

12 December

1961

Norway

1 Er January

1980

1 Er January

1980

New Zealand

19 March

1987

19 March

1987

Oman

13 November

2003 A

13 December

2003

Pakistan

2 January

1964

2 January

1964

Paraguay

21 June

1973

21 June

1973

Netherlands

April 16

1959

April 16

1959

Peru

7 February

1962

7 February

1962

Philippines

15 December

1983

15 December

1983

Poland

10 May

1958

10 May

1958

Portugal

September 14

1967

September 14

1967

Qatar

26 March

2012 A

April 26

2012

Dominican Republic

March 11

1958

10 May

1958

Czech Republic

29 February

1996

30 March

1996

Romania

19 January

1960

19 January

1960

United Kingdom

4 January

1968

4 January

1968

Russia

2 April

1991

2 April

1991

Rwanda

17 November

2004 A

17 December

2004

Senegal

16 December

2005 A

15 January

2006

Serbia

17 June

1959

17 June

1959

Seychelles

September 5

2006 A

5 October

2006

Slovakia

29 November

2000

29 December

2000

Slovenia

28 February

1996

March 29

1996

Somalia

2 March

1979

2 March

1979

Sudan

10 November

1960

10 November

1960

Sri Lanka

9 September

1958

9 September

1958

Sweden

1 Er September

1969

1 Er September

1969

Switzerland

March 27

1959

March 27

1959

Swaziland

September 25

2007 A

25 October

2007

Syria

5 November

1959

5 November

1959

Tanzania

22 March

2004

April 21

2004

Chad

7 January

2000 A

February 6

2000

Thailand

February 8

1967

February 8

1967

Togo

August 12

2005 A

11 September

2005

Trinidad and Tobago

19 October

2007 A

18 November

2007

Tunisia

21 May

1969

21 May

1969

Turkey

7 January

1969

7 January

1969

Uruguay

7 February

2002 A

March 9

2002

Venezuela

29 November

1989

29 November

1989

Vietnam

7 August

1972

7 August

1972

Yemen

19 May

2008 A

18 June

2008

Zambia

13 August

2003 A

12 September

2003

Zimbabwe

19 November

1993

19 November

1993

A

Accession by Art. 2, para. 4 of the Statute.


RO 1976 2153, 2004 4987


1 RO 1976 2153, 1983 140, 1985 1490, 1987 839, 1989 180, 1990 1266, 2004 4995, 2006 3333, 2008 4063, 2013 275. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status November 27, 2012