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0.440.3 original statutes of the international Centre of studies for the preservation and restoration of cultural property adopted at New Delhi in December 1956 accession Instrument deposited by the Switzerland March 27, 1959, entered into force for the Switzerland March 27, 1959, amended by decision of the General Assembly on 21 November 2003 (status November 27, 2012) s. 1 purpose and functions the "international Centre of studies for the preservation and restoration of cultural property', hereinafter referred to as ICCROM, contributes to the conservation and restoration of cultural goods at the global level, by creating, developing, promoting and facilitating the conditions of this conservation and restoration. ICCROM has, inter alia, the following functions: (a) gather, study and disseminate information with respect to matters scientific, technical and ethical relating to the conservation and restoration of cultural property; (b) co-ordinate, stimulate or cause research in this area through, inter alia, missions entrusted to bodies or experts, international meetings, publications and the exchange of specialists; (c) give consultations and recommendations on issues of General or points individuals relating to the conservation and restoration of cultural property; (d) promote, design and deliver training in the field of conservation and restoration of cultural property, as well as raising the standards and the practice of the work of conservation and restoration; (e) encourage initiatives that create a better understanding of conservation and restoration of cultural property.
S. 2 members 1. ICCROM is an international organization composed of Member States.
2. any State which is a Member State of the United Nations Organization for education, science and culture (hereinafter referred to as 'UNESCO') can become a Member State of ICCROM, by filing a formal declaration of accession with the Director-general of UNESCO. The State, which thus became member of ICCROM and subsequently ceases to be a member of UNESCO, however retains its quality of Member State of ICCROM.
3. a State that does not have the quality of Member State of UNESCO, or any former member of ICCROM concerned have renounced State Member under the terms of art. 9, or which has withdrawn pursuant to art. 10, may submit an application to the Director general of ICCROM. After consideration of its request by the Council, that State may be admitted by the General Assembly to become a Member State of ICCROM. Admission is given by a decision taken by a majority of two-thirds of the Member States of ICCROM present and voting. The admission of a Member State to ICCROM decided in accordance with the provisions of this paragraph shall be notified to the Director-general of UNESCO.
4. memberships in the conditions laid down in the by. 2 of this article shall take effect within a period of 30 days from the receipt of the formal declaration of accession by the Director-general of UNESCO. Memberships in the conditions laid down in the by. 3 of this article shall take effect on the date on which the General Assembly decided to admit the Member State concerned.
5. each Member State contributes to the budget of ICCROM at a rate established by the General Assembly.
S. 3 bodies the ICCROM includes: a General Assembly, a Council and a Secretariat.
S. 4 Assembly 1. Composition and participation (a) the General Assembly is composed of the delegates of the Member States. Each Member State is represented by a delegate. (b) delegates will be chosen, if possible, among the most qualified experts in the field of conservation and restoration of cultural property and, preferably, those from institutions specialized in this field. (c) UNESCO, the Istituto Centrale per it Restauro and non-voting Council members mentioned in art. 5.1 (d) have the right to participate in the sessions of the General Assembly with observer status. They may submit proposals, but they do not have the right to vote.
2 the functions of the General Assembly are to: (a) determine the orientation of ICCROM; (b) consider and approve the programme of activities and the budget of ICCROM for the biennium that follows, on the basis of the proposals that are made to him by the Board; (c) decide on the admission of new Member States under the conditions laid down in art. 2 by. 3; (d) elect the members of the Board; (e) on the proposal of the Council, appoint the Director-general in accordance with art. 6 (d), (f) review and approve the reports on the activities of the Council and the Secretariat of ICCROM; (g) fix the contributions of States members; (h) adopt the financial regulations of ICCROM; (i) deciding on the application of the penalties provided for in art. 9 3. Procedure the General Assembly: (a) shall meet in ordinary session every two years; (b) shall meet in extraordinary session if it decides itself, if at least one third of the Member States so requests, or on the Board's decision; (c) meets in Rome, Italy, unless itself or the Council decides otherwise; (d) adopt its rules of procedure; (e) at the beginning of each session shall elect a President and a bureau; (f) creates the committees that may be necessary for the exercise of its functions.
4 vote subject to the provisions of art. 9, each Member State has to a vote in the General Assembly. Decisions are taken by a simple majority of Member States present and voting, unless otherwise provided for in these statutes or in the rules of procedure of the Assembly.
S. 5. the Council 1. Composition (a) the Council is composed of members elected by the General Assembly, of a representative of the Director-general of UNESCO, a representative of the Italian Government, by a representative of the Istituto Centrale per it Restauro and mentioned in the al voting members. (i) below. (b) the elected members include twelve plus one additional elected member for every five Member beyond the first 30 States. However, the total number of elected members may not exceed twenty-five. (c) members elected by the General Assembly are chosen from among the most qualified experts in the field of conservation and restoration of cultural property, taking into account the interest that attaches to ensure a fair representation of the cultural world regions and cover appropriately the different sectors of specialization corresponding to the activity of ICCROM. The General Assembly will also take into account the ability of these individuals to exercise the administrative and executive functions of the Council. (d) the mandate of the elected members of the Council is four years. However, during the first regular session of the General Assembly on which will enter into force these provisions, the term of one half of the members elected by the General Assembly shall be four years and the mandate of the other half will be two years. If during this session, the number of members to be elected is odd, one half of the members more one will be elected for a term of four years. (e) the elected members of the Council serve from the close of the session of the General Assembly to which they have been appointed until the end of the session which is held the year when their mandate expires. (f) the members of the Board are eligible for re-election, but may not receive more than two consecutive terms. (g) in the case of death, permanent incapacity or resignation of an elected member of the Council, the vacancy is filled for the duration of the term by choosing candidates who were not elected in the previous election by the General Assembly, one who has obtained the largest number of votes. If this candidate is not available to serve, the vacant seat will be filled by choosing the candidate who then obtained the largest number of votes and so on until exhaustion of candidates for the election in question. When the seat cannot be filled by the choice of a person having applied for the previous election, it remains vacant until a new election intervenes during the next session of the General Assembly. (h) the members of the Board elected by the General Assembly are elected because of their personal ability. They perform their function in the interests 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 the discussions in the Council on an equal footing with other members.
2 the functions of the Council are to:
(a) oversee the implementation of the programme of activities and the budget adopted by the latter; (b) pursuant to the decisions and directives of the General Assembly under the authority of the General Assembly, and taking into account the circumstances which may arise between two sessions of it, take all necessary measures on behalf of the General Assembly and in close collaboration with the Director-general to implement efficient and effective programme of activities by the Director general; (c) develop policies , in close collaboration with the Director-general, and, where appropriate, submit for the approval of the Assembly General; (d) revise and modify, if need be, a draft programme of activities and budget prepared by the Director general and approve it for submission to the Assembly General; (e) examine the applications for ICCROM presented under the conditions provided for in art. 2 by. 3; (f) make recommendations to the General Assembly on the appointment of the Director-general as well as on the duration and conditions of the appointment and, if necessary, to renew the appointment of the Director-general in accordance with the provisions of art. 6 (d); (g) appoint the Director general in the circumstances provided for in art. 6 (e), (h) approve the structure of the Secretariat proposed by the Director general; (i) approve the Statute of staff; (j) make recommendations to the General Assembly about the adoption of financial regulation; (k) appoint the external auditor; (l) supervise operations financial of ICCROM; (m) prepare a report on its activities for the consideration by the General Assembly at its sessions ordinary; (n) exercise such other functions which may be entrusted to him by the General Assembly.
((3 procedure the Council: (a) meets: i) immediately following a regular session of the General Assembly; ii) immediately before the regular session of the General Assembly which follows; (ii) once in the interval between the sessions listed in the 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 session following a regular session of the General Assembly, shall elect a president and his office who shall remain in office until the closure of the regular General Assembly following; (e) session establishes committees as may be required for the exercise of its functions.
4. voting each Member elected to the Council, the representative of the Director-general of UNESCO, the representative of the Italian Government and the representative of the Istituto Centrale per it Restauro shall have a vote. Decisions are taken at the most simple such members present and voting, unless otherwise provided for in these statutes or in the rules of procedure of the Council.
S. 6. the Secretariat (a) the Secretariat consists of the Director-general and personnel that may be needed at ICCROM.
(b) the responsibilities of the Director-general and staff have an international character. In the performance of their duties they shall not seek or does not receive instructions from any Government or from any authority external to ICCROM. They shall refrain from any action that could undermine their status as international civil servants. All Member States are committed to respect the international character of the responsibilities of Executive Director and the staff and not to seek to influence them in the performance of their duties.
(c) the staff shall be appointed in accordance with the rules adopted by the Council. All members of staff are accountable to the Director-general.
(d) subject to the provisions of para. (e) below, the Director-general is appointed by the General Assembly, on the proposal of the Council. The General Assembly, on the recommendation of the Board, fixed the duration of its mandate and lays down the conditions under which it exercises its functions. The appointment of the Director general by the General Assembly may be renewed by the Council two times up and for a duration which cannot, every time, to exceed two years, provided, however, that there are the duration of the initial appointment of Executive Director and each renewal of this appointment by the Council in no case, exceed a total of six years. The Executive Director may be re-elected by the General Assembly.
(e) when the functions of 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 until the day of the close of the regular session of the General Assembly that follows. The Commission also determines the conditions of the appointment of the Director-general, which are inserted in a contract signed by the president of the Council and the new Director-general.
(f) the Director-general makes proposals for measures to be taken by the General Assembly and the Council, and is preparing to submit to the Council a draft programme of activities and budget. In accordance with the decisions of the General Assembly and of the Council, the Director general is responsible for carrying out effective and rational of the programme of activities which was approved. It shall establish and communicate to Member States the periodic reports on the activities of ICCROM.
S. 7 financial procedures (a) the budget of ICCROM is prepared on a biennial basis. Each project's budget for the next biennium shall be communicated to the Member States, with the programme of activities, 60 days at least months before the session of the General Assembly in which they are to be considered.
(b) the exercise of the budget of ICCROM period spans two calendar years following the regular session of the General Assembly at which it is adopted, said Assembly unless.
(c) the contributions of the States in respect of a fiscal year are paid in the form of two payments made each of the two above-mentioned years for an amount equal, one being due at the beginning of the first calendar year and the other at the beginning of the second calendar year.
(d) the Director-general can directly accept voluntary contributions, donations, legacies 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 regulation, under the supervision of the Council.
S. 8 legal status the ICCROM shall enjoy in the territory of each of the Member States, legal capacity which is necessary to achieve its goals and exercise its functions.
S. 9 sanctions a Member State loses his right to vote in the General Assembly and its right to propose candidates to the Council when the total amount of his contributions to ICCROM that came to maturity and which have not been paid, regardless of the year or the calendar year to which the 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 receive services from ICCROM. A State is considered as having renounced his quality of Member State when it forbore to pay its contributions matured during six consecutive calendar years. However, the General Assembly may authorize a Member State to exercise the aforementioned rights including the right to benefit from the services of ICCROM, or maintain its quality of Member State, if it considers that the failure of this State is due to special circumstances beyond his will.
S. 10 withdrawal of States any Member State may withdraw from ICCROM by sending to the Director-general of ICCROM notice at any time after expiration of a period of two years from the date of its accession or admission by the General Assembly. This withdrawal shall take effect on 31 December of the year following that in which the notice is given. Such withdrawal shall not affect the financial obligations incurred with respect to ICCROM on the date on which it takes effect. The Director-general of ICCROM shall inform the Director-general of UNESCO to the date on which the withdrawal of a Member State takes effect.
S. 11 amendments to the statutes (a) amendments to these articles of association may be proposed by a Member State or by the Council. They are adopted by a decision of the General Assembly taken at the majority of two thirds of the Member States present and voting, provided that this two-thirds majority is more than half of the Member States of ICCROM.
(b) the Director-general ICCROM shall communicate proposed amendments to all Member States and the Director-general of UNESCO 180 days before the session of the General Assembly to the agenda which the draft initial amendment must be registered.
(c) If, following the communication of a proposal for amendment, a Member State or the Commission wants to introduce an amendment to this proposal, it cannot be introduced on the condition to be communicated to all Member States and the Director-general of UNESCO 90 days at least before the session of the General Assembly on the agenda of which the initial amendment proposal must be registered.
S. 12 entry into force the present statutes take effect immediately after the closing of the XXIII session of the General Assembly of ICCROM.
S. 13 dissolution
ICCROM may be dissolved by a decision of the General Assembly. The General Assembly cannot take such a decision if to send six months prior to all Member States a written notice explaining the reasons for the proposal for dissolution. Any decision to dissolve ICCROM shall be adopted by a majority of two thirds of the Member States present and voting, provided that this majority represents more than half of the Member States of ICCROM.
S. 14 authentic scope November 27, 2012 the articles English and french texts are equally authentic.
Scope on 27 November 2012 States parties Ratification entry into force Afghanistan January 8, 2010 February 7, 2010 South Africa 18 December 2003 has January 17, 2004 Albania April 11, 1962, 11 April 1962 Algeria 18 January 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 has 18 February 2000 Argentina 29 August 1988 August 29
1988 Armenia 5 April 2004 May 5, 2004 Australia 26 June 1975 26 June 1975 Austria 20 May 1957 10 May 1958 Azerbaijan January 4, 2002 February 3, 2002 Bahrain 15 November 2005 was 15 December 2005 Bangladesh 18 September 2007 October 18, 2007 Barbados 7 March 1985 was 1 April 1985 Belgium July 7, 1959 7 July 1959 Benin 5 June 1986 June 5, 1986 Bolivia 17 November 2004 has 17 December 2004 Bosnia and Herzegovina 19 June
2000 19 July 2000 Botswana 3 January 2002 has February 2, 2002 Brazil August 21, 1964 August 21, 1964 Brunei 24 November 2005 December 24, 2005 Bulgaria January 12, 1960 January 12, 1960 Burkina Faso 4 January 1988 4 January 1988 Cambodia 13 June 1961 13 June 1961 Cameroon 4 May 1995 4 May 1995 Canada November 7, 1978 has 7 November 1978 Chile February 3, 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 has 18 April 1999 Korea (North) 29 September 1986 29 September 1986 (South) Korea 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 January 1973 Egypt 5 November 1959 in the November 5, 1959 United Arab Emirates United 23 December 2009 has
January 22, 2010 Ecuador April 21, 1980 21 April 1980 Spain April 23, 1958 in the 10 May 1958 Estonia 10 January 2001 has 9 February 2001 United States January 20, 1971 January 20, 1971 Ethiopia December 5, 1975 December 5, 1975 Finland July 3, 1981 was July 3, 1981 France September 29, 1964 September 29, 1964 Gabon 20 March 1961 20 March 1961 Gambia 11 December 1998 10 January 1999 Georgia November 23, 2001 A 23 December 2001 Ghana February 23, 1959
February 23, 1959 Greece 17 March 1987 17 March 1987 Guatemala 18 September 1975 18 September 1975 Guyana 16 September 1999 was 16 October 1999 Haiti 21 May 1992 21 May 1992 Honduras may 26, 1964 26 May 1964 Hungary 7 June 1993 7 June 1993 India 2 October 1961 October 2, 1961 Iran 18 December 1972 18 December 1972 Iraq November 14, 2011 has 14 November 2011 Ireland 22 December 1986 22 December 1986 Israel June 1, 1958 1 June 1958 Italy October 24, 1960 October 24, 1960 Japan 19 December 1967 19 December 1967 Jordan 10 July 1958 10 July 1958 Kenya 16 September 1998 October 16, 1998 Kuwait 27 March 1962 March 27, 1962 Laos 22 May 2006 has 21 June 2006 Lesotho 1 June 2007 has July 1, 2007 Latvia March 1, 2012 March 31, 2012 Lebanon July 4, 1958 July 4, 1958 Libya 1 September 1959 September 1, 1959 Lithuania October 21, 1991 21 October 1991 Luxembourg 18 December 1978 18 December 1978 Macedonia 12 October 1993 12 October 1993 Madagascar 3 September 1963 September 3, 1963 Malaysia 4 November 1966 in the 4 November 1966 Maldives June 7, 2012 has 7 July 2012 Mali 9 October 1989 9 October 1989 Malta 24 August 1965 24 August 1965 Morocco April 28, 1958 may 10, 1958 in the Mauritius 29 June 1998 has 29 July 1998 Mauritania 30 October 2009 has 29 November 2009 Mexico August 8, 1961 8 August 1961 Monaco November 13, 2007 December 13, 2007 Mongolia 30 June 2003 A 30 July 2003 Montenegro 17 August 2007 has 16 September 2007 Mozambique 17 November 2003 December 17, 2003 Myanmar October 5, 1987 5 October 1987 Namibia 21 November 1998 21 December 1998 Nepal June 23, 1969 23 June 1969 Nicaragua August 30, 1971 August 30, 1971 Nigeria 12 December 1961 12 December 1961 Norway 1 January 1980 January 1, 1980 New Zealand 19 March 1987
19 March 1987 Oman 13 November 2003 A 13 December 2003 Pakistan January 2, 1964 January 2, 1964 Paraguay June 21, 1973 June 21, 1973 Netherlands 16 April 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 has 26 April 2012 Dominican Republic 11 March 1958 10 May 1958 Czech Republic February 29
1996 30 March 1996 Romania January 19, 1960 January 19, 1960 United Kingdom January 4, 1968 4 January 1968 Russia 2 April 1991 2 April 1991 Rwanda 17 November 2004 A 17 December 2004 Senegal 16 December 2005 to 15 January 2006 Serbia June 17, 1959 June 17, 1959 Seychelles 5 September 2006 has 5 October 2006 Slovakia 29 November 2000 December 29, 2000 Slovenia 28 February 1996 March 29, 1996 Somalia 2 March 1979 2 March 1979 Sudan November 10
1960 10 November 1960 Sri Lanka 9 September 1958 September 9, 1958 Sweden September 1, 1969 1 September 1969 Switzerland March 27, 1959 in the 27 March 1959 Swaziland 25 September 2007 has October 25, 2007 Syria 5 November 1959 5 November 1959 Tanzania March 22, 2004 April 21, 2004 Chad January 7, 2000 A February 6, 2000 Thailand 8 February 1967 8 February 1967 Togo 12 August 2005 was September 11, 2005 Trinidad and Tobago 19 October 2007 was November 18, 2007 Tunisia
May 21, 1969 21 May 1969 Turkey January 7, 1969 January 7, 1969 Uruguay 7 February 2002 has March 9, 2002 Venezuela 29 November 1989 November 29, 1989 Viet Nam 7 August 1972 7 August 1972 Yemen may 19, 2008 June 18, 2008 Zambia 13 August 2003 has 12 September 2003 Zimbabwe 19 November 1993 19 November 1993 accession according to art. 2, by. 4 of the articles.
RO 1976 2153, 2004 4987 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 update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State November 27, 2012
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