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Overeenkomst inzake de oprichting van de Internationale Bauxietassociatie, Conacry, 08-03-1974
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Inhoudsopgave
Agreement establishing the International Bauxite Association
Article I. Establishment
Article II. Membership
Article III. Objectives
Article IV. Obligations of Member Countries
Article V. General undertaking as to implementation
Article VI. Organs
Article VII. Composition of the Council of Ministers
Article VIII. Functions of the Council of Ministers
Article IX. Procedures of the Council of Ministers
Article X. Composition of the Executive Board
Article XI. Functions of the Executive Board
Article XII. The Secretariat
Article XIII. Official Languages
Article XIV. Headquarters and Offices
Article XV. Legal Capacity
Article XVI. Privileges and Immunities
Article XVII. Financial Year
Article XVIII. Budget
Article XIX. Contributions
Article XX. Signature
Article XXI. Ratification
Article XXII. Entry into Force
Article XXIII. Accession
Article XXIV. Amendments
Article XXV. Registration
Article XXVI. Withdrawal
Article XXVII. Termination
Article XXVIII. Depository
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Overeenkomst inzake de oprichting van de Internationale Bauxietassociatie, Conacry, 08-03-1974

Overeenkomst inzake de oprichting van de Internationale Bauxietassociatie
(authentiek: en)
The Contracting Parties,
Conscious of the importance of bauxite and its products to the world economy in general and to their own national economies in particular;
Anxious to promote the orderly and rational management, including the mining, processing and marketing of the bauxite resources of producing countries;
Mindful of the need to involve their own nationals more directly in such management;
Recognising the power and influence of multinational corporations in the exploitation and processing of bauxite and the marketing of its products;
Convinced that increased cooperation and concerted action on the part of bauxite producing countries will contribute to the maximization of economic and social benefits accruing to their peoples from the exploitation of their bauxite resources;
Conscious further of the need to safeguard their permanent sovereignty over their natural resources;
Have agreed as follows:
Article I. Establishment [Treedt in werking op een nader te bepalen tijdstip]
The International Bauxite Association (hereinafter referred to as “the Association”) is hereby established.
1.
Membership of the Association shall be open to:
(a)
(i) Australia
(ii) Guinea
(iii) Guyana
(iv) Jamaica
(v) Sierra Leone
(vi) Surinam
(vii) Yugoslavia
(b) Any other bauxite producing country which in the opinion of the Council of Ministers is able and willing to exercise the rights and assume the obligations of membership arising under this Agreement.
2.
Countries listed in paragraph 1 (a) of this Article which sign this Agreement in accordance with Article XX and ratify or approve it in accordance with Article XXI shall become members of the Association.
(a) to promote the orderly and rational development of the bauxite industry;
(b) to secure for member countries fair and reasonable returns from the exploitation, processing and marketing of bauxite and its products for the economic and social development of their peoples, bearing in mind the recognised interests of consumers;
(c) generally to safeguard the interests of member countries in relation to the bauxite industry.
(a) exchange information concerning all aspects of the exploitation, processing, marketing and use of bauxite and its derivatives;
(b) endeavour to harmonise their decisions and policies relating to the exploration, mining, processing and marketing of bauxite, alumina and aluminium, bearing in mind the need to ensure that
(i) member countries enjoy reasonable returns from their production;
(ii) the consumers of these commodities are adequately supplied at reasonable prices;
(c) take action aimed at securing maximum national ownership of and effective national control over the exploitation of this natural resource within their territories and to support as far as possible any such action on the part of member countries;
(d) endeavour to ensure that operations or projected operations by multinational corporations in the bauxite industry of one member country shall not be used to damage the interests of other member countries;
(e) conduct jointly such research as may be deemed appropriate in their mutual interest;
(f) explore the possibilities of joint or group purchasing of materials and equipment and of providing common services to member countries in their mutual interest.
Article V. General undertaking as to implementation [Treedt in werking op een nader te bepalen tijdstip]
Member countries shall take all appropriate measures to ensure that obligations arising out of this Agreement are carried out and to facilitate the achievement of the objectives of the Association.
Article VI. Organs [Treedt in werking op een nader te bepalen tijdstip]
The following shall be the organs of the Association:
(a) The Council of Ministers
(b) The Executive Board and
(c) The Secretariat.
Article VII. Composition of the Council of Ministers [Treedt in werking op een nader te bepalen tijdstip]
The Council of Ministers shall be composed of Ministers of member countries. Each member country shall be entitled to designate a Minister as its representative on the Council of Ministers.
1.
The Council of Ministers shall be the supreme organ of the Association.
2.
The Council of Ministers shall:
(a) determine the policy of the Association;
(b) approve the budget of the Association;
(c) consider and determine applications for membership of the Association;
(d) appoint the Secretary-General of the Association;
(e) consider and determine disputes among member countries concerning the interpretation and application of the Agreement;
(f) subject to the relevant provisions of Article IX approve its own rules of procedure and those of the Executive Board;
(g) determine the international organisations with which the Association may be associated or affiliated in the performance of its functions;
(h) perform any other function which may from time to time be entrusted to it by agreement of member countries.
1.
The Council of Ministers shall meet in ordinary session once in every calendar year, and, when circumstances so require, in extraordinary session at the request of not less than two member countries. Sessions of the Council of Ministers shall be held ordinarily at the Headquarters of the Association, but a session may be held in the territory of any member country if the Council of Ministers so decides.
2.
Each member of the Council of Ministers shall have one vote. Subject to the provisions of paragraph 4, the Council of Ministers shall make decisions by an affirmative vote of all its members and such decisions shall have binding force.
3.
Recommendations of the Council of Ministers shall be made by the affirmative vote of a two-thirds majority of all its members. A recommendation shall not have binding force but members shall use their best endeavours to secure as far as possible compliance therewith.
4.
Decisions relating to the internal operations of the Association or any of its organs shall be taken by a simple majority of the members.
1.
The Executive Board shall consist of representatives of member countries. Each member country shall be entitled to designate two representatives on the Executive Board.
2.
Each member country may designate in addition, alternates to the representatives who may attend meetings of the Executive Board in place of the representatives.
1.
The Executive Board shall, subject to the general direction of the Council of Ministers, take all appropriate measures for the achievement of the objectives of the present Agreement. In particular, it shall:
(a) examine proposals for action and coordinate the activities of member countries;
(b) give preliminary consideration to matters proposed by a member country for the consideration of the Council of Ministers and make recommendations thereon to the Council of Ministers;
(c) examine the budget of the Association for submission to the Council of Ministers, and supervise the activities of the Secretariat;
(d) approve the administrative and financial regulations governing the activities of the Association including the work of the Secretariat.
2.
Meetings of the Executive Board shall ordinarily be held at the Headquarters of the Association and not less frequently than three times in each calendar year, one meeting being always held immediately before the ordinary session of the Council of Ministers.
3.
The Executive Board may:
(a) propose to the member countries individual and collective measures relating to the production and processing of bauxite, research, joint ventures and any other activities which may be legitimately carried on under the provisions of this Agreement;
(b) determine the technical studies which the Secretariat shall undertake;
(c) establish such Committees as circumstances may require.
1.
The Secretariat shall consist of the Secretary-General and such administrative, research and other technical staff as may be required for the discharge of its functions.
2.
The Secretary-General shall hold office for 3 years and shall be eligible for re-appointment.
3.
The Secretary-General shall organise the work of the Secretariat, direct the staff and generally manage the affairs of the Association in accordance with the policies laid down by the Council of Ministers and the directions of the Executive Board.
4.
Without prejudice to the generality of paragraph 3 of this Article, the Secretary-General shall immediately organise the collection of information and the presentation of reports on demand for and supply of bauxite and bauxite products in world markets, on agreements and regulations affecting the use of and markets for these products, on technological advances in the transformation and utilization of bauxite and on economic and technological developments affecting the bauxite and aluminium industries. He shall take early steps also to ensure that an adequate complement of research and other technical staff becomes available for the work of the Association.
5.
Members of the staff of the Secretariat, except staff engaged in a temporary or consultative capacity, shall be nationals of a member country. Senior administrative and technical staff shall be appointed by the Executive Board on the recommendation of the Secretary-General. In the appointment of such staff the Executive Board shall endeavour to secure the widest possible representation of nationals of member countries which is consistent with efficiency. In the discharge of their duties the Secretary-General and staff of the Secretariat shall not seek or receive instructions from any member country or from any authority external to the Association.
6.
The Secretariat shall provide such services as are required for meetings of the Council of Ministers and the Executive Board and shall generally assist the Council of Ministers and the Executive Board in the implementation of the provisions of this Agreement.
7.
Each member country of the Association undertakes to respect the international character of the duties of the Secretary-General and the staff and not to seek to influence them in the discharge of their duties.
Article XIII. Official Languages [Treedt in werking op een nader te bepalen tijdstip]
The official languages of the Association shall be French and English.
Article XIV. Headquarters and Offices [Treedt in werking op een nader te bepalen tijdstip]
The Headquarters of the Association shall be established in Jamaica. An office of the Secretariat may also be established in any other country with the approval of the Executive Board and the consent of the Council of Ministers.
Article XV. Legal Capacity [Treedt in werking op een nader te bepalen tijdstip]
The Association shall have in the territory of each member country, such legal capacity as may be necessary for the exercise of its functions under this Agreement. In any legal proceedings the Association shall be represented by the Secretary-General.
1.
The privileges and immunities to be recognised and granted by member countries in connection with the Association shall be set out in a Protocol to this Agreement.
2.
The Association shall conclude with the Government of the member country in which its Headquarters or any branch of the Secretariat is situated an agreement relating to the privileges and immunities to be recognised and granted in respect of the Secretariat and its staff.
Article XVII. Financial Year [Treedt in werking op een nader te bepalen tijdstip]
The financial year of the Association shall be the calendar year.
1.
The expenses of the Association shall be met by contributions from member countries.
2.
Before the beginning of each financial year, a budget of the proposed expenditure and revenue of the Association for the year shall be prepared by the Secretary-General, examined by the Executive Board and submitted for the approval of the Council of Ministers. The budget for each year shall be submitted to the Council of Ministers in time to be approved not later than the 30th November in the preceding year.
3.
Where necessary a supplementary budget may also be submitted for the approval of the Council of Ministers after the beginning of the financial year.
4.
Member countries may make advances to the Secretariat of funds to meet the expenses of the Association until contributions to the budget are received.
1.
Annual contributions towards the expenses of the Association shall be paid by each member country on a basis to be determined by the Council of Ministers. Contributions shall be paid in freely convertible currencies in such instalments as the Secretary-General may decide with the approval of the Council of Ministers.
2.
The representative of a country whose contributions are in arrears by more than six months shall not be entitled to vote in meetings of the Executive Board while the payments remain in arrears.
3.
As soon as possible after the close of the financial year, but not later than six days thereafter, an audited statement of receipts and expenditure in respect of that year shall be prepared by the Secretary-General and submitted to the Executive Board.
Article XX. Signature [Treedt in werking op een nader te bepalen tijdstip]
This Agreement shall remain open at Conakry, in the Republic of Guinea, for signature by the duly accredited representatives of the countries listed in paragraph 1 (a) of Article II of this Agreement.
Article XXI. Ratification [Treedt in werking op een nader te bepalen tijdstip]
The Agreement and any amendment thereto shall be subject to ratification or approval. Instruments of ratification or notification of approval shall be deposited with the Government of Jamaica which shall transmit certified copies to each member country.
Article XXII. Entry into Force [Treedt in werking op een nader te bepalen tijdstip]
This Agreement shall enter into force when the last instrument of ratification or notification of approval has been deposited with the Government of Jamaica in accordance with Article XXI by the countries listed in paragraph 1 (a) of Article II of this Agreement.
1.
Any bauxite producing country may apply to the Council of Ministers to become a member of the Association and may, if the Council of Ministers so decides be admitted to membership in accordance with paragraph 2 of this Article.
2.
Admission to membership shall be upon such terms and conditions as the Council of Ministers may decide.
It shall take effect from the date on which an appropriate instrument of accession is deposited with the Government of Jamaica.
Article XXIV. Amendments [Treedt in werking op een nader te bepalen tijdstip]
The Council of Ministers may by the affirmative vote of all its members recommend to member countries the amendment of this Agreement. Any such amendment shall enter into force thirty days after the date on which the last instrument of ratification or notification of approval is deposited with the Government of Jamaica.
Article XXV. Registration [Treedt in werking op een nader te bepalen tijdstip]
This Agreement and any amendments thereto shall be registered with the United Nations.
1.
Any member country may withdraw from the Association. Written notice of the intention to withdraw shall be addressed by the member country to the Secretary-General who shall immediately communicate this notice to the other parties to this Agreement. Unless this notice is revoked or modified the withdrawal shall take effect 12 months after the date on which the notice was received by the Secretary-General.
2.
A member country which withdraws from the Association undertakes to honour any financial obligations assumed during its membership of the Association.
Article XXVII. Termination [Treedt in werking op een nader te bepalen tijdstip]
This Agreement may be terminated by the affirmative vote of all members of the Council of Ministers.
Article XXVIII. Depository [Treedt in werking op een nader te bepalen tijdstip]
The original of this Agreement, of which the English and French texts are equally authoritative, shall be deposited with the Government of Jamaica which shall transmit certified copies thereof to each signatory and acceding Government.
IN WITNESS WHEREOF the undersigned duly authorized for that purpose by their respective Governments have signed this Agreement on the dates figuring opposite their signatures.