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RS 0.974.11 Constitution of the United Nations Industrial Development Organization, of 8 April 1979 (with annexes)

Original Language Title: RS 0.974.11 Acte constitutif de l’Organisation des Nations Unies pour le développement industriel, du 8 avril 1979 (avec annexes)

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0.974.11

Original text

Constitution of the United Nations Industrial Development Organization

Conclu to Vienna on 8 April 1979
Approved by the Federal Assembly on June 20, 1980 1
Instrument of ratification deposited by Switzerland on 10 February 1981
Entered into force for Switzerland on 21 June 1985

(State on 8 August 2013)

Preamble

The States Parties to this Constitution,

Acting in accordance with the Charter of the United Nations 2 ,

Bearing in mind the general objectives of the resolutions adopted at the sixth special session of the United Nations General Assembly on the establishment of a new international economic order, the Declaration and the Plan Lima's action on industrial development and cooperation, adopted by the Second General Conference of the United Nations Industrial Development Organization, and the resolution of the seventh special session of the General Assembly The United Nations General Assembly on Development and Cooperation International economic,

Declaring that:

It is necessary to establish a just and equitable economic and social order, which should be achieved by eliminating economic inequalities, by establishing rational and equitable international economic relations, by Dynamic social and economic changes and promoting the necessary structural changes in the development of the world economy,

Industrialization is a dynamic instrument of growth essential to accelerated economic and social development, including developing countries, to the improvement of the standard of living and quality of life of the peoples of all countries, And the establishment of an equitable economic and social order,

All countries have the sovereign right to industrialize, and any process of industrialization must generally aim to ensure self-sustained and integrated socio-economic development, and should include the changes required to ensure The fair and effective participation of all peoples in the industrialization of their country,

International cooperation for development, which represents the common objective and common duty of all countries, is essential to promote industrialization through all possible concerted measures, including development, Transfer and adaptation of technologies at the global, regional and national levels, as well as at the different sectors,

All countries, regardless of their economic and social system, are determined to promote the common welfare of their peoples through individual and collective measures aimed at developing international economic cooperation on the basis of Sovereign equality, to strengthen the economic independence of developing countries, to assure these countries a fair share in global industrial production and to contribute to international peace and security and prosperity for all Nations, in accordance with the purposes and principles of the Charter of the United Nations,

Bearing in mind these guidelines,

Desiring to establish, under the terms of the Chap. IX of the Charter of the United Nations, a specialized agency bearing the name of the United Nations Industrial Development Organization (UNIDO) (hereinafter referred to as " the Organization) Which should play the central role and be responsible for reviewing and promoting the coordination of all activities in the field of industrial development by the United Nations system, in accordance with the Charter The United Nations confers on the Economic and Social Council, as well as the relevant agreements on relations,

Agree to this Constitution.

Chapter I Objectives and functions

Art. 1 Objectives

The main objective of the Organization is to promote and accelerate industrial development in developing countries in order to contribute to the establishment of a new international economic order. It also promotes industrial development and cooperation at the global, regional and national levels, as well as at sectoral level.

Art. 2 Functions

In order to achieve its stated objectives, the Organization shall, in general, take all necessary and appropriate measures and, in particular:

(a)
Promotes and provides, as appropriate, assistance to developing countries for the promotion and acceleration of their industrialization, in particular for the development, expansion and modernization of their industries;
(b)
In accordance with the Charter of the United Nations, coordinates and monitors the activities of the United Nations system in order to enable the Organization to play a central coordinating role in the field of industrial development;
(c)
Creates new concepts and approaches and develops existing concepts and approaches applicable to industrial development at the global, regional and national levels, as well as at the different sectors, and carries out studies and surveys Aiming to formulate new lines of action for harmonious and balanced industrial development, taking due account of the methods employed by countries with different social and economic systems to solve the problems of Industry;
(d)
Promotes and promotes the development and use of planning techniques, and contributes to the formulation of development and science and technology programs and plans for industrialization in the sectors Public, cooperative and private;
(e)
Promotes and contributes to the development of an integrated and interdisciplinary approach to the accelerated industrialization of developing countries;
(f)
Constitutes a forum and instrument for developing countries and industrialised countries for their contacts, consultations and, at the request of the countries concerned, for their negotiations aimed at the industrialization of the countries concerned. Development;
(g)
Assists developing countries in the creation and management of industry, including industries related to agriculture and basic industries, in order to achieve the full utilization of locally available natural and human resources, Ensure the production of goods for domestic and export markets and contribute to the economic self-sufficiency of these countries;
(h)
Serves as a centre for the exchange of industrial information and, as a result, selectively gathers and controls, analyses and develops data on all aspects of industrial development at the global, regional and regional levels. And at the level of the various sectors, including exchanges on the experience and technological achievements of developed and developing countries with social systems and Different economics;
(i)
Special attention should be paid to the adoption of special measures to assist the least developed, landlocked and island developing countries, as well as the developing countries most severely affected by economic crises or Natural disasters, without losing sight of the interests of other developing countries;
(j)
Promotes and promotes the development, selection, adaptation, transfer and use of industrial technologies, and contributes to it, taking into account the socio-economic situation and the specific needs of the industries concerned, taking into account In particular, the transfer of technologies from developed countries to developing countries, as well as between developing countries themselves;
(k)
Organizes and promotes industrial training programmes to assist developing countries in the training of appropriate technical personnel and other necessary personnel at various stages for their accelerated industrial development;
(l)
Provides advice and assistance, in close cooperation with relevant United Nations bodies, specialized agencies and the International Atomic Energy Agency, to developing countries for exploitation, conservation And the on-site transformation of their natural resources in order to promote the industrialization of these countries,
(m)
Provides pilot and demonstration facilities to accelerate the industrialization of specific sectors;
(n)
Elaborate special measures to promote industrial cooperation between developing countries as well as between developing countries and developed countries;
(o)
Contributes, in cooperation with other appropriate bodies, to the regional planning of industrial development in developing countries within the regional and subregional groupings of those countries;
(p)
Promotes and promotes the creation and strengthening of industrial, trade and professional associations and similar organizations that would facilitate the full utilization of the internal resources of developing countries in order to develop Their domestic industries;
(q)
Contributes to the creation and management of an institutional infrastructure to provide regulatory, advisory and development services to the industry;
(r)
Contributes, at the request of the governments of developing countries, to obtaining external capital for the financing of specific industrial projects, on fair, equitable and mutually acceptable terms.

Chapter II Participation

Art. 3 Members

The membership of the Organization shall be accessible to all States adhering to its objectives and principles:

(a)
The member States of the United Nations or of a specialized agency or of the International Atomic Energy Agency may be admitted as Members of the Organization by becoming party to this Constitution in accordance with Art. 24 and at para. 2 of Art. 25;
(b)
States other than those referred to in para. (a) may be admitted as Members of the Organization by becoming party to this Constitution in accordance with subs. 3 of Art. 24 and in para. (c) of s. 2 of Art. 25, after their admission has been approved by the Conference, by a two-thirds majority of the Members present and voting, on the recommendation of the Council.
Art. 4 Observers

(1) Observer status with the Organization shall be recognized, upon request, to observers at the General Assembly of the United Nations, unless the Conference decides otherwise.

2. Without prejudice to the provisions of s. 1, the Conference is empowered to invite other observers to participate in the work of the Organization.

(3) Observers shall be permitted to participate in the work of the Organization in accordance with the relevant Rules of Procedure and the provisions of this Constitution.

Art. 5 Suspension

(1) Any Member of the Organization who is suspended from the exercise of his rights and privileges as Member of the United Nations shall automatically be suspended from the exercise of the rights and privileges of Member of the Organization.

(2) Any Member who is late in payment of his or her contribution to the Organization shall not participate in the elections of the Organization if the amount of its arrears equals or exceeds the assessed contributions for the Two previous fiscal years. Any body may, however, allow the Member to vote within its own Member State if it finds that the failure to pay is due to circumstances beyond the control of the Member.

Art. 6 Withdrawing

1. A Member may withdraw from the Organization by depositing an instrument of denunciation of this Constitution with the Depositary.

2. This withdrawal shall take effect on the last day of the financial year following the year in which the said instrument was deposited.

3. The contributions to be paid by the withdrawing Member for the financial year following the year in which the withdrawal has been notified shall be the same as the assessed contributions for the financial year in which the withdrawal Notification has been made. The withdrawing Member shall also pay any voluntary contributions without conditions which he has announced before notifying his withdrawal.

Chapter III Bodies

Art. 7 Main bodies and subsidiary bodies

The principal organs of the Organization are:

(a)
The General Conference ("the Conference");
(b)
The Industrial Development Board (referred to as the Council);
(c)
The Secretariat.

2. A Programme and Budget Committee shall be established to assist the Council in the preparation and review of the programme of work, the regular budget and operational budget of the Organization and other relevant financial matters The Organization.

Other subsidiary bodies, including technical committees, may be established by the Conference or by the Council, which shall take due account of the principle of equitable geographical representation.

Art. 8 General Conference

The Conference shall consist of representatives of all Members.

2.
(a) The Conference shall hold an ordinary session every two years, unless it decides otherwise. It shall be convened in extraordinary session by the Director General, on the request of the Council or by the majority of all Members.
(b)
The Conference shall hold its ordinary session at United Nations Headquarters, unless it decides otherwise. The Council shall determine the place where special sessions shall be held.

In addition to the other functions specified in this Constitution, the Conference shall:

(a)
Identifies the guiding principles and general directions of the Organization;
(b)
Examines the reports of the Council, the Director-General and the subsidiary bodies of the Conference;
(c)
Approves the work programme, the regular budget and the operational budget of the Organization in accordance with the provisions of Art. 14, establishes the scale of assessments in accordance with the provisions of Art. 15, approves the Financial Regulation of the Organization and controls the effective use of the financial resources of the Organization;
(d)
Is entitled to adopt, by a two-thirds majority of the Members present and voting, conventions or agreements relating to any matter within the competence of the Organization, and to make recommendations to Members on such matters Conventions or agreements;
(e)
Makes recommendations to Members and international organizations on matters that fall within the competence of the Organization;
(f)
Takes any other appropriate measure to enable the Organization to promote its objectives and perform its functions.

4. The Conference may delegate to the Council those of its powers and functions which it considers desirable to delegate, with the exception of those provided for in para. (b) Art. 3; Art. 4; aux al. (a), (b), (c) and (d) of s. 3 of Art. 8; at para. 1 of Art. 9; at para. 1 of Art. 10; at para. 2 of Art. 11; paras. 4 and 6 of Art. 14; Art. 15; Art. 18, para. (b) from s. 2 and para. (b) from s. 3 of Art. 23; and Annex I.

5. The Conference shall draw up its rules of procedure.

6. Each Member shall have one vote at the Conference. Decisions shall be taken by a majority of the Members present and voting, unless otherwise provided in this Constitution or in the Rules of Procedure of the Conference.

Art. Industrial Development Board

The Council shall comprise fifty-three Members of the Organization elected by the Conference, which shall take due account of the principle of equitable geographical representation. For the election of the members of the Council, the Conference shall adopt the distribution of the following seats: thirty-three members of the Council shall be elected from among the States listed in Parts A and C of Annex I to this Constitution, fifteen of the States Listed in Part B and five of the States listed in Part D.

(2) The members of the Council shall be in office from the close of the ordinary session of the Conference to which they were elected until the close of the ordinary session of the Conference four years later, on the understanding that the Members elected at the first session are in office from that election and half of them are in office until the close of the ordinary session, which is held two years later. The members of the Council are eligible for re-election.

3.
(a) The Council shall hold at least one regular session per year, at the time it determines. It shall be convened in extraordinary session by the Director General, at the request of the majority of the members of the Council.
(b)
Sessions shall be held at United Nations Headquarters, unless the Council decides otherwise.

4. In addition to the other functions specified in this Constitution and those delegated to it by the Conference, the Council shall:

(a)
Acting under the authority of the Conference, shall monitor the implementation of the approved programme of work and the regular budget or the corresponding operational budget and other decisions of the Conference;
(b)
Recommends to the Conference a scale of assessments for expenditure on the regular budget;
(c)
Report to the Conference at each regular session on the activities of the Council;
(d)
Requests Members to provide information on their activities relevant to the work of the Organization;
(e)
In accordance with the decisions of the Conference and taking into account events which may occur between the sessions of the Council or the Conference, the Director-General shall be authorized to take such measures as the Council considers necessary in order to respond to the Unforeseen circumstances, taking due account of the functions and financial resources of the Organization;
(f)
If the post of Director-General becomes vacant between the sessions of the Conference, appoint an interim Director-General to perform that function until the next ordinary or special session of the Conference;
(g)
Establishes the provisional agenda of the Conference;
(h)
Performs other functions that may be necessary to achieve the objectives of the Organization, subject to the limitations stipulated in this Constitution.

5. The Council shall draw up its rules of procedure.

6. Each member shall have one vote in the Council. Decisions shall be taken by a majority of the members present and voting, unless otherwise provided in this Constitution or the rules of procedure of the Council.

7. The Council shall invite any non-represented member of the Council to participate, without the right to vote, in its deliberations on any matter of particular interest to that member.

Art. 10 Programme and Budget Committee

The Programme and Budget Committee shall comprise twenty-seven members of the Organization, elected by the Conference, which shall take due account of the principle of equitable geographical representation. For the election of the members of the Committee, the Conference shall adopt the distribution of the following seats: fifteen members of the Committee shall be elected from among the States listed in Parts A and C of Annex I to this Constitution, nine of the States listed In Part B and three of the States listed in Part D. To appoint their representatives to the Committee, States shall take into account their qualifications and personal experience.

(2) The members of the Committee shall be in office from the close of the ordinary session of the Conference to which they were elected until the close of the ordinary session of the Conference two years later. The members of the Committee are eligible for re-election.

3.
(a) The Committee shall hold at least one session per year. It may also be convened by the Director General, at the request of the Board or the Committee itself;
(b)
Sessions shall be held at United Nations Headquarters, unless the Council decides otherwise.

4. The Committee:

(a)
Exerce the functions assigned to it under Article 14;
(b)
Establishes, with a view to its submission to the Council, the draft scale of assessments for regular budget expenditure;
(c)
Other functions that may be assigned to it by the Conference or the Council in the financial field;
(d)
Reports to the Council at each of its regular sessions of all its activities and submits to the Council, on its own initiative, opinions or proposals on financial matters.

5. The Committee shall establish its rules of procedure.

6. Each member of the Committee shall have one vote. The decisions of the Committee shall be taken by a two-thirds majority of the members present and voting.

Art. 11 Secretariat

The Secretariat shall comprise a Director General, as well as the Deputy Directors General and other staff members of whom the Organization may require.

2. The Director General shall be appointed by the Conference, on the recommendation of the Council, for a period of four years. He may be appointed for a second period of four years, at the end of which he is no longer eligible.

The Director-General shall be the highest official of the Organization. Subject to the general or special guidelines of the Conference or the Council, the Director General shall have general responsibility and authority to direct the work of the Organization. Under the authority and control of the Board, the Director General is responsible for the commitment, organization and direction of staff.

4. In the performance of their duties, the Director General and the staff shall not seek or accept instructions from any Government or from any authority outside the Organization. They must refrain from any action incompatible with their position as international civil servants, and shall be responsible only to the Organization. Each Member undertakes to respect the exclusively international character of the functions of the Director General and staff, and not to seek to influence them in the performance of their duties.

5. Staff shall be appointed by the Director General, in accordance with the rules to be fixed by the Conference on the recommendation of the Council. Appointments to the duties of Deputy Director-General shall be subject to the approval of the Council. The terms and conditions of employment of staff shall be consistent, as far as possible, with those of personnel subject to the United Nations common system. The dominant consideration in the recruitment and establishment of the terms and conditions of employment of staff must be the need to provide the Organization with the services of people with the highest quality of work, competence and integrity. Due consideration shall be given to the importance of recruitment conducted on a broad and equitable geographical basis.

6. The Director-General shall act in this capacity at all meetings of the Conference, the Council and the Programme and Budget Committee, and shall carry out all other functions of which the Director General is responsible. It shall prepare an annual report on the activities of the Organization. In addition, it shall present to the Conference or the Council, as the case may be, any other reports which may be necessary.

Chapter IV Programme of work and financial matters

Art. 12 Expenditure of delegations

Each Member and Observer shall bear the expenses of his or her own delegation to the Conference, the Council or any other body to which it participates.

Art. 13 Composition of budgets

The Organization shall carry out its activities in accordance with its programme of work and approved budgets.

2. The expenses of the Organization shall be divided into the following categories:

(a)
Expenditures to be financed by assessed contributions (referred to as the "regular budget");
(b)
Expenditures to be financed by voluntary contributions to the Organization and any other resources that may be provided for in the Financial Regulation (called the "operational budget").

(3) The regular budget shall provide for administrative expenditure, research expenditure, other ordinary expenses of the Organization and expenditure relating to other activities as provided for in Annex II.

4. The operational budget provides for technical assistance and related activities.

Art. 14 Programme and budgets

The Director-General shall establish and submit to the Council through the Programme and Budget Committee, on the date specified in the Financial Regulation, a draft work programme for the following financial year, as well as the forecasts Budget for activities to be financed from the regular budget. The Director-General shall submit, at the same time, proposals and financial projections for activities to be financed by voluntary contributions to the Organization.

The Programme and Budget Committee shall consider the proposals of the Director-General and submit to the Council its recommendations on the programme of work and the corresponding estimates for the regular budget and the budget Operational. The Committee's recommendations shall be adopted by a two-thirds majority of the members present and voting.

The Council shall consider the proposals of the Director-General at the same time as any recommendations made by the Programme and Budget Committee and shall adopt the programme of work, the regular budget and the operational budget, with the modifications Necessary, in order to submit them to the Conference for consideration and approval. The Council shall adopt such texts by a two-thirds majority of the members present and voting.

4.
(a) The Conference shall consider and approve, by a two-thirds majority of the Members present and voting, the programme of work and the corresponding regular budget and operational budget submitted to it by the Council.
(b)
The Conference may make adjustments to the programme of work as well as to the regular budget and the corresponding operational budget, in accordance with para. 6.

5. If necessary, additional or revised estimates relating to the regular budget or operational budget shall be prepared and approved in accordance with the provisions of paras. 1 to 4 above and the provisions of the Financial Regulation.

6. No resolution or decision or amendment which may have financial implications, which has not already been examined in accordance with s. 2 and 3, may not be approved by the Conference if it is accompanied by a statement of financial implications prepared by the Director General. No resolution or decision or amendment to which the Director General provides for expenditure shall be approved by the Conference as long as the Programme and Budget Committee and the Council, sitting at the same time as the The Conference shall not have had the opportunity to act in accordance with the provisions of s. 2 and 3. The Council shall present its decisions to the Conference. These resolutions, decisions and amendments are approved by the Conference by a two-thirds majority of all Members.

Art. 15 Assessable contributions

Expenses under the regular budget shall be borne by the Members in accordance with the scale of assessments agreed upon by the Conference by a two-thirds majority of the Members present and voting, on the recommendation of the Council adopted by a two-thirds majority of the members present and voting on the basis of a draft prepared by the Programme and Budget Committee.

2. The scale of assessments shall be based as much as possible on the most recent scale used by the United Nations. The assessed contribution of any Member shall not exceed twenty-five per cent of the regular budget of the Organization.

Art. 16 Voluntary contributions to the Organization

Subject to the Financial Regulations of the Organization, the Director General may, on behalf of the Organization, accept voluntary contributions to the Organization-including donations, bequests and grants-made by Governments, organizations Or intergovernmental organizations or other non-governmental sources, provided that the conditions attached to such voluntary contributions are consistent with the objectives and policy of the Organization.

Art. 17 Industrial Development Fund

To increase its resources and strengthen its capacity to respond rapidly and flexibly to the needs of developing countries, the Organization has an Industrial Development Fund, funded through voluntary contributions to the The Organization referred to in Art. 16 and other resources that may be provided for in the Financial Regulations of the Organization. The Director General shall administer the Industrial Development Fund in accordance with the general guidelines governing the operation of the Fund, established by the Conference or by the Council acting on behalf of the Conference, and in accordance with the rules of procedure Financial assistance of the Organization.

Chapter V Cooperation and coordination

Art. 18 Relations with the United Nations

The Organization shall be connected to the United Nations and shall be one of the specialized agencies referred to in Art. 57 of the United Nations Charter. Any agreement concluded in accordance with Art. 63 of the Charter shall be approved by the Conference by a two-thirds majority of the Members present and voting on the recommendation of the Council.

Art. 19 Relations with other organizations

The Director General may, with the approval of the Council and subject to the guidelines established by the Conference:

(a)
Conclude agreements establishing appropriate relations with other organizations of the United Nations system and with other intergovernmental or governmental organizations;
(b)
Establish appropriate relationships with non-governmental and other organizations with activities related to those of the Organization. In establishing such relationships with national organizations, the Director-General shall consult with interested Governments.

(2) Subject to such agreements and relations, the Director General may establish working arrangements with such organizations.

Chapter VI Legal matters

Art. Seat

The Organization shall have its Headquarters in Vienna. The Conference may change the location of Headquarters by a two-thirds majority of all its Members.

2. The Organization shall conclude a Headquarters Agreement with the Host Government.

Art. Legal Capacity, Privileges and Immunities

(1) The Organization shall enjoy in the territory of each of its Members the legal capacity and privileges and immunities necessary for the Organization to carry out its functions and achieve its objectives. The representatives of the Members and officials of the Organization shall enjoy the privileges and immunities necessary for the independent exercise of their functions in relation to the Organization.

2. The legal capacity, privileges and immunities referred to in s. 1 will be:

(a)
In the territory of any Member who has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies, as defined in the Model Clauses of the said Convention, as amended by an Annex to The said Convention, approved by the Council;
(b)
In the territory of any Member that has not acceded to the Convention on the Privileges and Immunities of the Specialized Agencies, but which has acceded to the Convention on the Privileges and Immunities of the United Nations, Those defined in the latter Convention, unless that State notifies the Depositary, at the time of deposit of its instrument of ratification, acceptance, approval or accession, that it will not apply the latter Convention to The United Nations Convention on the Privileges and Immunities of the United Nations Apply to the Organization 30 days after the said State has notified the Depositary;
(c)
Those defined in other agreements concluded by the Organization.
Art. Dispute resolution and requests for advisory opinions
1.
(a) Any dispute between two or more Members concerning the interpretation or application of this Constitution, including its annexes, which has not been settled by negotiation, shall be submitted to the Council unless the interested parties Agree to another method of settlement. If the dispute relates in particular to a Member not represented in the Council, that Member shall have the right to be represented in accordance with rules to be adopted by the Council.
(b)
If the dispute has not been resolved in accordance with the provisions of s. 1 (a) to the satisfaction of any of the parties to the dispute, the said party may submit the question:
I) if the parties agree to:
A
The International Court of Justice; or
B
To a arbitral tribunal;
Or (ii) if otherwise, to a conciliation commission.
The rules concerning the procedures and the functioning of the arbitral tribunal and the Conciliation Commission are set out in Annex III to this Constitution.

2. The Conference and the Council shall be the one and the other entitled, subject to the authorization of the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal issue arising Within the framework of the activities of the Organization.

Art. Amendments

After the second ordinary session of the Conference, any Member may, at any time, propose amendments to this Constitution. The text of the proposed amendments shall be promptly communicated by the Director General to all Members, and may be considered by the Conference only after a period of ninety days after the date of the dispatch of the said text.

2. Subject to the provisions of subs. 3, an amendment shall enter into force and be binding on all Members when:

(a)
The Council recommended it to the Conference;
(b)
It was approved by the Conference by a two-thirds majority of all Members; and
(c)
Two thirds of the Members have deposited instruments of ratification, acceptance or approval of the said amendment with the Depositary.

3. An amendment relating to s. 6, 9, 10, 13, 14 or 23 or in Annex II shall enter into force and shall be binding on all Members when:

(a)
The Council recommended it to the Conference by a two-thirds majority of all members of the Council;
(b)
It was approved by the Conference by a two-thirds majority of all members; and
(c)
Three quarters of Members have deposited instruments of ratification, acceptance or approval of the said amendment with the depositary.
Art. 24 Signature, ratification, acceptance, approval and accession

(1) This Constitution shall be open for signature by all States referred to in para. (a) Art. 3 to the Federal Ministry for Foreign Affairs of the Republic of Austria until 7 October 1979, and then to United Nations Headquarters in New York, until the date of entry into force of the said Constitution.

2. This Constitution shall be the subject of ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

3. After the entry into force of this Constituent Act in accordance with subs. 1 of Art. 25, the States referred to in para. (a) Art. 3 which have not signed the Constitution, as well as the States whose application for admission has been approved in accordance with para. (b) of the said Article, may accede to this Constitution by depositing an instrument of accession.

Art. 25 Entry into force

(1) This Constitution shall enter into force when at least eighty States having deposited their instruments of ratification, acceptance or approval have notified the Depositary that they have agreed, after consulting the Depositary, for the Constituent Act comes into force.

2. This Constitution shall enter into force:

(a)
For those States which have made the notification referred to in par. 1, on the date of entry into force of this Constitution;
(b)
For States which have deposited their instruments of ratification, acceptance or approval before the entry into force of this Constitution, but have not made the notification referred to in subs. 1, at the later date on which they have notified the Depositary that this Constitution shall enter into force in respect of them
(c)
For States which have deposited their instruments of ratification, acceptance, approval or accession after the entry into force of this Constitution, at the date of deposit.
Art. 26 Transitional provisions

The Depositary shall convene the first session of the Conference, which shall be held within three months of the entry into force of this Constitution.

2. The rules and regulations governing the organization established by the General Assembly of the United Nations in its resolution 2152 (XXI) shall govern the Organization and its bodies until such time as they adopt new provisions.

Art. 27 Reservations

No reservation may be made in respect of this Constitution.

Art. 28 Depositary

The Secretary-General of the United Nations shall be the depositary of this Constitution.

(2) The Depositary shall notify the States concerned and the Director General of all matters concerning this Constitution.

Art. Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Constitution are equally authentic.

(Suivent signatures)

Annex I

Lists of states

(1) If a State which is not covered by any of the following lists becomes a Member of the Organization, the Conference shall, after appropriate consultations, decide on which of those lists the said country shall be registered.

2. After appropriate consultations, the Conference may, at any time, modify the classification of a Member in the following lists.

3. The amendments to the following lists in accordance with paras. 1 and 2 shall not be considered as amendments to this Constitution within the meaning of the provisions of Art. 23.

Lists

(The lists of States to be inserted in this Annex by the Depositary are those established by the General Assembly of the United Nations for the purposes of s. 4 of Section II of its resolution 2152 (XXI) and which are valid on the date of entry into force of this Constitution.)


Status August 8, 2013

Annex II

The regular budget

A.
Administrative and research and other ordinary expenses of the Organization shall be considered to include:
(a)
Expenditure related to regional and regional advisors;
(b)
Expenditure related to short-term advisory services provided by United Nations staff;
(c)
Expenditure related to meetings, including technical meetings, provided for in the programme of work financed by the regular budget of the Organization;
(d)
Programme support costs incurred under technical assistance projects, to the extent that such expenditure is not reimbursed to the Organization by the source of funds of the said projects.
2.
The concrete proposals in accordance with the above provisions shall be applied after consideration by the Committee on Programmes and Budgets, adopted by the Council and approved by the Conference in accordance with Art. 14.

B. In order to make the Organization's programme of work in the field of industrial development more efficient, the regular budget also finances other activities funded to date on chap. 15 of the regular budget of the United Nations, up to six per cent of the total regular budget. These activities are intended to strengthen the Organization's contribution to the United Nations development system, taking into account the importance of using the country programming mechanism of the United Nations Programme for the Development-which is subject to the consent of the countries concerned-as a frame of reference for these activities.


Status August 8, 2013

Annex III

Rules on Arbitral Tribunals and Conciliation Commissions

Unless otherwise decided by all Members Parties to a dispute that has not been settled in accordance with the provisions of s. 1 (a) of Art. 22 and which has been submitted to a arbitral tribunal in accordance with the provisions of subs. 1 (b) (i) (B) Art. 22 or to a conciliation commission in accordance with the provisions of s. 1 (b) (ii), the rules concerning the procedures and operation of the said courts and commissions are as follows:

1.
Opening of the proceedings
Before the expiry of a period of three months after the date on which the Council has completed its examination of a dispute submitted to it in accordance with the provisions of subs. 1 (a) of Art. 22, or, if it has not completed this examination, before the expiration of eighteen months after the submission of the dispute, all the parties to the dispute may, within twenty-one months following the submission of the dispute, notify the Director General that they Wish to refer the dispute to a arbitral tribunal, or any of those parties may notify the Director General that it wishes to submit the dispute to a conciliation commission. If the parties have agreed to another method of settlement, they may notify the Director General within three months of the completion of that particular procedure.
2.
Court or Commission Institution
(a)
The parties to the dispute shall appoint unanimously, as the case may be, three arbitrators or three conciliators, and appoint one of them to the functions of the Chairperson of the Tribunal or the Commission.
(b)
If, within three months of the notification referred to in s. 1 above, one or more members of the court or commission have not been so appointed, the Secretary-General of the United Nations shall appoint at the request of any of the parties, within three months after the request, the Missing members, including the Chair.
(c)
If a seat becomes vacant in the court or commission, it shall be filled within a period of one month, in accordance with paragraph (a), or at a later date in accordance with para. (b).
3.
Procedures and operations
(a)
The court or commission shall determine its procedure. All decisions on any procedural and substantive matters may be rendered to the majority of the members.
(b)
The members of the court or commission shall be paid in accordance with the financial regulations of the Organization. The Director-General shall provide the necessary secretariat services in consultation with the President of the Tribunal or the Commission. All costs of the court or commission and its members, but not of the parties to the dispute, shall be borne by the Organization.
4.
Sentences and Reports
(a)
The arbitral tribunal shall terminate its proceedings by an award binding all the parties.
(b)
The Conciliation Commission shall close its proceedings by a report which it shall communicate to all the parties to the dispute and which shall contain recommendations of which the parties shall take the utmost account.

Scope of application on 8 August 2013 1

States Parties

Ratification Accession (A)

Entry into force

Afghanistan

9 September

1981

21 June

1985

South Africa

24 October

2000 A

24 October

2000

Albania

19 April

1988 A

19 April

1988

Algeria

6 November

1980

21 June

1985

Germany

July 13

1983

21 June

1985

Angola

August 9

1985

August 9

1985

Saudi Arabia

21 June

1985 A

21 June

1985

Argentina

6 March

1981

21 June

1985

Armenia

12 May

1992 A

12 May

1992

Austria

14 May

1981

21 June

1985

Azerbaijan

23 November

1993 A

23 November

1993

Bahamas

13 November

1986 A

13 November

1986

Bahrain

April 4

1986 A

April 4

1986

Bangladesh

5 November

1980

28 June

1985

Barbados

30 May

1980

21 June

1985

Belarus *

17 June

1985

21 June

1985

Belgium

18 November

1981

21 June

1985

Belize

February 27

1986 A

February 27

1986

Benin

3 March

1983

8 August

1985

Bhutan

25 October

1983

August 23

1985

Bolivia

9 January

1981

21 June

1985

Bosnia and Herzegovina

1 Er October

1992 A

1 Er October

1992

Botswana

21 June

1985 A

21 June

1985

Brazil

10 December

1980

21 June

1985

Bulgaria *

5 June

1985

21 June

1985

Burkina Faso

July 9

1982

July 16

1985

Burundi

August 9

1982

August 9

1985

Cambodia

18 September

1995 A

18 September

1995

Cameroon

August 18

1981

21 June

1985

Cape Verde

27 November

1984

21 June

1985

Chile

12 November

1981

21 June

1985

China

February 14

1980

21 June

1985

Cyprus

28 April

1983

21 June

1985

Colombia

25 November

1981

July 30

1985

Comoros

10 May

1985

9 January

1986

Congo (Brazzaville)

May 16

1983

July 12

1985

Congo, Kinshasa

July 9

1982

July 8

1985

Korea (North)

September 14

1981

24 June

1985

Korea (South)

December 30

1980

21 June

1985

Costa Rica

26 October

1987

26 October

1987

Côte d' Ivoire

4 November

1981

21 June

1985

Croatia

2 June

1992 A

2 June

1992

Cuba

March 16

1981

21 June

1985

Denmark

27 May

1981

21 June

1985

Djibouti

August 20

1991

August 20

1991

Dominica

8 June

1982

27 November

1985

Egypt

9 January

1981

21 June

1985

El Salvador

29 January

1988

29 January

1988

United Arab Emirates

4 December

1981

1 Er August

1985

Ecuador

15 April

1982

21 June

1985

Eritrea

20 June

1995 A

20 June

1995

Spain

21 September

1981

21 June

1985

Ethiopia

23 February

1981

21 June

1985

Fiji

21 December

1981

December 30

1985

Finland

5 June

1981

21 June

1985

France

30 March

1982

21 June

1985

Gabon

1 Er February

1982

August 6

1985

Gambia

12 June

1986 A

12 June

1986

Georgia

30 October

1992 A

30 October

1992

Ghana

February 8

1982

July 30

1985

Greece

10 June

1983

21 June

1985

Grenada

16 January

1986 A

16 January

1986

Guatemala

July 8

1983

21 June

1985

Guinea

23 June

1980

21 June

1985

Equatorial Guinea

4 May

1984

20 January

1986

Guinea-Bissau

March 17

1983

21 June

1985

Guyana

17 July

1984

19 July

1985

Haiti

July 9

1982

August 5

1985

Honduras

3 March

1983

21 June

1985

Hungary

August 15

1983

July 2

1985

India

21 January

1980

21 June

1985

Indonesia

10 November

1980

21 June

1985

Iran

August 9

1985

August 9

1985

Iraq

23 January

1981

27 June

1985

Ireland

17 July

1984

21 June

1985

Israel *

25 November

1983

21 June

1985

Italy *

25 March

1985

21 June

1985

Jamaica

10 December

1982

21 June

1985

Japan

3 June

1980

21 June

1985

Jordan

August 30

1982

29 October

1985

Kazakhstan

3 June

1997 A

3 June

1997

Kenya

13 November

1981

21 June

1985

Kyrgyzstan

April 8

1993 A

April 8

1993

Kuwait

7 April

1982

July 30

1985

Laos *

3 June

1980

3 September

1985

Lesotho

18 June

1981

21 June

1985

Lebanon

2 August

1983

August 6

1985

Liberia

10 May

1990

10 May

1990

Libya

29 January

1981

8 August

1985

Luxembourg

9 September

1983

21 June

1985

Macedonia

27 May

1993 A

27 May

1993

Madagascar

January 18

1980

21 June

1985

Malaysia

28 July

1980

21 June

1985

Malawi

30 May

1980

19 July

1985

Maldives

10 May

1988 A

10 May

1988

Mali

24 July

1981

17 July

1985

Malta

4 November

1982

21 June

1985

Morocco

July 30

1985

July 30

1985

Mauritius

9 December

1981

21 June

1985

Mauritania

29 June

1981

August 9

1985

Mexico

21 January

1980

21 June

1985

Moldova

1 Er June

1993 A

1 Er June

1993

Monaco

23 January

2003 A

23 January

2003

Mongolia *

3 June

1985

21 June

1985

Montenegro

22 November

2006 A

22 November

2006

Mozambique

14 December

1983

13 November

1985

Myanmar

12 April

1990 A

12 April

1990

Namibia

21 February

1986 A

21 February

1986

Nepal

6 December

1983

8 August

1985

Nicaragua

28 March

1980

1 Er July

1985

Niger

22 August

1980

21 June

1985

Nigeria

19 December

1980

21 June

1985

Norway

13 February

1981

21 June

1985

Oman

July 6

1981

21 June

1985

Uganda

23 March

1983

21 June

1985

Uzbekistan

April 26

1994 A

April 26

1994

Pakistan

29 October

1979

21 June

1985

Panama

July 23

1980

21 June

1985

Papua New Guinea

10 September

1986

10 September

1986

Paraguay

2 December

1981

18 July

1985

Netherlands

10 October

1980

21 June

1985

Aruba

10 October

1980

21 June

1985

Curaçao

10 October

1980

21 June

1985

Caribbean (Bonaire, Sint Eustatius and Saba)

10 October

1980

21 June

1985

Sint Maarten

10 October

1980

21 June

1985

Peru

13 September

1982

21 June

1985

Philippines

7 January

1980

21 June

1985

Poland

March 5

1985

21 June

1985

Portugal

21 May

1984

21 June

1985

Qatar

9 December

1985 A

9 December

1985

Central African Republic

8 January

1982

9 January

1986

Dominican Republic

March 29

1983

21 June

1985

Czech Republic

22 January

1993 A

22 January

1993

Romania

28 November

1980

21 June

1985

Russia

22 May

1985

21 June

1985

Rwanda

January 18

1983

21 June

1985

Saint Lucia

August 11

1982

19 November

1985

Saint Kitts and Nevis

11 December

1985 A

11 December

1985

Saint Vincent and the Grenadines

30 March

1987 A

30 March

1987

Samoa

11 December

2008 A

11 December

2008

Sao Tome and Principe

22 February

1985

April 14

1986

Senegal

24 October

1983

21 June

1985

Serbia

6 December

2000 A

6 December

2000

Seychelles

April 21

1982

19 August

1985

Sierra Leone

7 March

1983

August 15

1985

Slovakia

20 January

1993 A

20 January

1993

Slovenia

11 June

1992 A

11 June

1992

Somalia

20 November

1981

15 November

1985

Sudan

September 30

1981

28 June

1985

Sri Lanka

September 25

1981

21 June

1985

Sweden

28 July

1980

21 June

1985

Switzerland

10 February

1981

21 June

1985

Suriname

8 October

1981

24 December

1985

Swaziland

19 August

1981

3 April

1986

Syria

6 December

1982

21 June

1985

Tajikistan

9 June

1993 A

9 June

1993

Tanzania

3 October

1980

21 June

1985

Chad

22 August

1991

22 August

1991

Thailand

29 January

1981

21 June

1985

Timor-Leste

July 31

2003 A

July 31

2003

Togo

18 September

1981

25 June

1985

Tonga

13 August

1986 A

13 August

1986

Trinidad and Tobago

2 May

1980

July 15

1985

Tunisia

2 February

1981

21 June

1985

Turkmenistan

February 16

1995 A

February 16

1995

Turkey

5 May

1982

21 June

1985

Tuvalu

13 September

2011 A

13 September

2011

Ukraine *

10 June

1985

21 June

1985

Uruguay

24 December

1980

21 June

1985

Vanuatu

August 17

1987 A

August 17

1987

Venezuela

28 January

1983

21 June

1985

Vietnam

6 May

1983

19 July

1985

Yemen

29 January

1982

July 29

1985

Zambia

15 May

1981

21 June

1985

Zimbabwe

21 June

1985 A

21 June

1985

*
Reservations and declarations.
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

1 RO 1985 1307, 1986 339, 1987 1662, 1988 2254, 1992 995, 2004 4029, 2007 2063, 2011 1029 and 2013 2729. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status August 8, 2013