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RS 0.970.4 Convention of 14 December 1960 on the Organisation for Economic Co-operation and Development (with add protocol). No 1, 2)

Original Language Title: RS 0.970.4 Convention du 14 décembre 1960 relative à l’Organisation de Coopération et de Développement Economiques (avec protocole add. no 1, 2)

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0.970.4

Original text

Convention on the Organisation for Economic Co-operation and Development

Conclue in Paris on 14 December 1960

Approved by the Federal Assembly on June 14, 1961 1

Instrument of ratification deposited by Switzerland on 28 September 1961

Entry into force for Switzerland on 30 September 1961

(State on 2 September 2011)

The Governments of the Federal Republic of Germany, the Republic of Austria, the Kingdom of Belgium, Canada, the Kingdom of Denmark, Spain, the United States of America, the Repul I French, the Kingdom of Greece, Ireland, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of Norway, the Kingdom of the Netherlands, the Republic Po R Tugaise, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Sweden, the Swiss Confederation and the Rev U Turkish blic;

Recognizing that the power and prosperity of the economy are essential to achieving the goals of the United Nations, safeguarding individual freedoms and enhancing overall well-being;

Believing that they can make very effective progress in this direction by strengthening the tradition of cooperation that has developed between them;

Recognising that the recovery and economic progress of Europe, to which their collaboration within the European Economic Cooperation Organisation has made a very important contribution, have opened up new opportunities for Strengthen this tradition and apply it to new tasks and broader objectives;

Convinced that broader cooperation will be an essential contribution to peaceful and harmonious relations among peoples;

Recognizing that their economies are increasingly dependent on each other;

Determinate, through mutual consultation and cooperation, to maximize and make more effective use of their capabilities and opportunities to achieve the greatest possible expansion of their economy and improve well-being Economic and social of their peoples;

Believing that more advanced nations in the economic field should cooperate to make the best of their faculties in the countries of economic development;

Recognizing that the continued expansion of world trade is one of the most important factors in fostering the growth of the economies of the various countries and improving international economic relations;

Determinable to carry out these designs in a manner consistent with the obligations arising from their participation in other international organizations, institutions or agreements;

The following provisions have been agreed for the reconstitution of the Organisation for Economic Cooperation in the Organisation for Economic Co-operation and Development:

Art. 1

Organisation for Economic Co-operation and Development (hereafter referred to as the "Organisation") Aims to promote policies aimed at:

A.
To achieve the greatest possible expansion of the economy and employment and a higher standard of living in the Member States, while maintaining financial stability, thereby contributing to the development of the world economy;
B.
Contribute to healthy economic development in member countries, as well as non-members, in the process of economic development;
C.
To contribute to the expansion of world trade on a multilateral and non-discriminatory basis in accordance with international obligations.
Art. 2

In order to achieve these objectives, Members agree, both individually and jointly:

A.
Ensure the efficient use of their economic resources;
B.
In the scientific and technological field, to ensure the development of their resources, to encourage research and to promote vocational training;
C.
To follow policies designed to ensure economic growth and internal and external financial stability, and to avoid the development of situations that could endanger their economies or that of other countries;
D.
Continue efforts to reduce or eliminate barriers to trade in goods and services, as well as current payments, and to maintain and expand the release of capital movements;
E.
To contribute to the economic development of Member and non-member countries in the process of economic development by appropriate means and, in particular, the contribution to these countries of capital, taking into account the importance of Their economies providing technical assistance and expanding opportunities for their export products.
Art. 3

In order to achieve the objectives set out in Art. 1 and to fulfil the commitments listed in Art. 2, the Members agree.

A.
To keep each other informed and to provide the Organization with the information necessary to carry out its tasks;
B.
To consult on an ongoing basis, to conduct studies and to participate in mutually agreed projects;
C.
To cooperate closely, if necessary through coordinated action.
Art. 4

The Contracting Parties to this Convention shall be Members of the Organization.

Art. 5

In order to achieve its objectives, the Organization may:

A.
Make decisions that, unless otherwise provided, bind all Members;
B.
Make recommendations to Members;
C.
Conclude agreements with its Members, non-member States and international organizations.
Art. 6

Unless the Organization decides otherwise unanimously for special cases, decisions shall be taken and recommendations shall be made by mutual agreement of all Members.

2. Each Member shall have one vote. If a Member abstaining from voting a decision or recommendation, such abstention does not preclude that decision or recommendation, which is applicable to the other Members but not to the abstaining Member.

3. No decision may bind a Member as long as it has not complied with the requirements of its constitutional procedure. The other Members may agree that this decision shall apply provisionally between them.

Art. 7

A Council, composed of all Members, is the body from which all acts of the Organization emanate. The Council may meet in sessions of ministers or permanent representatives.

Art. 8

Each year, the Council appoints a President chairing the ministerial sessions and two Vice-Presidents. The President may be nominated for an additional year following his first term of office.

Art.

The Council may establish an Executive Committee and any subsidiary body necessary to achieve the objectives of the Organization.

Art. 10

1. A Secretary-General responsible to the Council shall be appointed by the Council for a period of five years. It shall be assisted by one or more Deputy Secretaries-General or Deputy Secretaries-General appointed by the Council, on the proposal of the Secretary-General.

2. The Secretary-General shall chair the Council at the sessions of permanent representatives. It shall assist the Council in any necessary form and may submit proposals to the Council or any other body of the Organization.

Art. 11

The Secretary-General shall appoint the relevant staff to the functioning of the Organization in accordance with the organizational plans approved by the Council. The Staff Regulations are subject to the approval of the Council.

2. In view of the international nature of the Organization, the Secretary-General, Deputy Secretaries-General or Deputy Secretaries and staff shall not seek or receive instructions from any of the Members of the Organization or from any Government Or authority outside the Organization.

Art. 12

Under the conditions it is for the Council to determine, the Organization may:

A.
Expressing wishes to non-member states and organizations;
B.
Establish and maintain relations with non-member states and organisations;
C.
Invite non-member Governments and organizations to participate in the activities of the Organization.
Art. 13

Representation in the Organisation, of the European Communities established by the Treaties of Paris and Rome as of 18 April 1951 and 25 March 1957 is defined in an Additional Protocol N O 1 to this Convention.

Art. 14

(1) This Convention shall be ratified or accepted by the signatories in accordance with their respective constitutional requirements.

2. Instruments of ratification or acceptance shall be deposited with the Government of the French Republic, designated as the depositary Government.

3. This Convention shall enter into force:

A.
Either before 30 September 1961, as soon as the instruments of ratification or acceptance have been deposited by all the signatories;
B.
Either on 30 September 1961, if at least 15 signatories have deposited these instruments, and with respect to those signatories, and with respect to any other signatory upon the deposit of its instrument of ratification or acceptance;
C.
Either after September 30, 1961, but no later than two years after the signature of this Convention, as soon as these instruments have been deposited by fifteen signatories, and with respect to those signatories, and with respect to any other signatory as soon as The deposit of its instrument of ratification or acceptance.

4. The signatories who have not deposited their instruments of ratification or acceptance at the entry into force of the Convention may participate in the activities of the Organization under the conditions to be determined by agreement between the Organization And those signatories.

Art. 15

The reconstitution of the European Economic Cooperation Organisation will take effect upon the entry into force of the Convention, and its objectives, bodies, powers and names will therefore be those provided for in the Convention. The legal personality of the Organisation for Economic Cooperation will continue in the Organisation, but the decisions, recommendations and resolutions of the European Organisation for Economic Cooperation require The approval of the Council to be applicable after the entry into force of this Convention.

Art. 16

The Council may decide to invite any Government prepared to assume the obligations of membership to accede to this Convention. This decision must be taken unanimously; however, the Council may accept unanimously, in a particular case, the possibility of abstention, on the understanding that, notwithstanding the provisions of Art. 6, the decision then applies to all Members. Accession shall take effect upon the deposit of the instrument of accession with the depositary Government.

Art. 17

Any Contracting Party may terminate, as far as it is concerned, the application of this Convention by giving one year's notice to that effect to the depositary Government.

Art. 18

The headquarters of the Organization shall be in Paris, unless the Council decides otherwise.

Art. 19

The legal capacity of the Organization and the privileges, exemptions and immunities of the Organization, its officials and representatives of its Members with it are defined in the Additional Protocol N O 2 to this Convention.

Art.

Each year, in accordance with a Financial Regulation adopted by the Council, the Secretary-General shall submit to the approval of the Council an annual budget, accounts and any annex budget requested by the Council.

2. The general expenses of the Organization, as approved by the Council, shall be allocated in accordance with a scale which shall be adopted by the Council. The other expenditure shall be financed on the basis set by the Council.

Art. Additional Protocol N O 1
To the Convention on the Organization of Cooperation
And Economic Development Additional Protocol N O 2
To the Convention on the Organization of Cooperation
And Economic Development Scope 2 September 2011

Upon receipt of the instruments of ratification, acceptance, accession or notice of withdrawal, the depositary Government shall provide communication to all Contracting Parties and to the Secretary-General of the Organization.

In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed at the bottom of this Convention.

Done at Paris, on 14 December mil nine hundred and sixty, in English and in French, the two texts being equally authentic, in a single copy which shall be deposited with the depositary Government, which shall communicate a certified copy thereof to all Signatories.

(Suivent signatures)

Additional Protocol N O 1 to the Convention on the Organisation for Economic Co-operation and Development

Signatories to the Convention on the Organisation for Economic Co-operation and Development;

Have agreed as follows:

1. Representation in the Organisation for Economic Co-operation and Development, of the European Communities established by the Treaties of Paris and Rome, of 18 April 1951 and 25 March 1957, shall be settled in accordance with the provisions Of these Treaties.

2. The Commissions of the European Economic Community and the European Atomic Energy Community and the High Authority of the European Coal and Steel Community will participate in the work of this Organization.

In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed at the bottom of this Protocol.

Done at Paris, on 14 December mil nine hundred and sixty, in English and in French, the two texts being equally authentic, in a single copy which shall be deposited with the Government of the French Republic, which shall communicate a certified copy thereof Consistent with all signatories.

(Suivent signatures)


Additional Protocol N O 2 to the Convention on the Organisation for Economic Co-operation and Development

Signatories to the Convention on the Organisation for Economic Co-operation and Development (hereafter referred to as the "Organisation");

Have agreed as follows:

The Organization shall enjoy the legal capacity and the Organization, its officials and the representatives of its Members with it shall enjoy the following privileges, exemptions and immunities:

A.
On the territory of the Contracting Parties to the European Economic Cooperation Convention of 16 April 1948 2 , the legal capacity, privileges, exemptions and immunities provided for in the Additional Protocol N O 1 to this Convention;
B.
In Canada, the legal capacity, privileges, exemptions and immunities provided for in any agreement or arrangement on the legal capacity, privileges, exemptions and immunities that will occur between the Government of Canada and the Organization;
C.
In the United States, the legal capacity, privileges, exemptions and immunities provided for in Executive Order N O 10133 of 27 June 1950, in accordance with the provisions of the International Organisations Immunities Act; and
D.
In any other country, the legal capacity, privileges, exemptions and immunities provided for in any agreement or arrangement on the legal capacity, privileges, exemptions and immunities that will occur between the Government concerned and The Organization.

In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed at the bottom of this Protocol.

Done at Paris, on 14 December Mil nine hundred and sixty, in English and in French, the two texts being equally authentic, in a single copy, which shall be deposited with the Government of the French Republic, which shall communicate a certified copy thereof Consistent with all signatories.

(Suivent signatures)


Scope 2 September 2011 3

States Parties

Ratification Accession (A)

Entry into force

Germany

27 September

1961

September 30

1961

Australia

7 June

1971 A

7 June

1971

Austria

29 September

1961

September 30

1961

Belgium

13 September

1961

September 30

1961

Canada

10 April

1961

September 30

1961

Chile

7 May

2010 A

7 May

2010

Korea (South)

12 December

1996 A

12 December

1996

Denmark

30 May

1961

September 30

1961

Spain

August 3

1961

September 30

1961

Estonia

9 December

2010 A

9 December

2010

United States

12 April

1961

September 30

1961

Finland

28 January

1969 A

28 January

1969

France

7 August

1961

September 30

1961

Greece

27 September

1961

September 30

1961

Hungary

7 May

1996 A

7 May

1996

Ireland

August 17

1961

September 30

1961

Iceland

5 June

1961

September 30

1961

Israel

7 September

2010 A

7 September

2010

Italy

March 29

1962

March 29

1962

Japan

28 April

1964 A

28 April

1964

Luxembourg

7 December

1961

7 December

1961

Mexico

18 May

1994 A

18 May

1994

Norway

4 July

1961

September 30

1961

New Zealand

29 May

1973 A

29 May

1973

Netherlands

13 November

1961

13 November

1961

Poland

22 November

1996 A

22 November

1996

Portugal

August 4

1961

September 30

1961

Czech Republic

21 December

1995 A

21 December

1995

United Kingdom

2 May

1961

September 30

1961

Slovakia

14 December

2000 A

14 December

2000

Slovenia

July 21

2010 A

July 21

2010

Sweden

28 September

1961

September 30

1961

Switzerland

28 September

1961

September 30

1961

Turkey

2 August

1961

September 30

1961


RO 1961 884; FF 1961 I 937


1 RO 1961 883
2 [RO 1949 26 35 40]
3 RO 1974 1445, 2006 3297 and 2011 4377. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on September 2, 2011