- Jul 2, 2018
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MINISTER FOR FOREIGN AFFIARS |
SECURITY CLASSIFICATION: SECRET (ENCRYPTED) |
| 6 July 2004 |
| Dear South Pacific Forum members, It is my duty as the representative of the Australian Government to inform you that the Government of New Zealand along with the Governments of their freely associated states of the Cook Islands and Niue have signed onto the South Pacific Forum agreements as per the protocol established in those agreements which facilitates their membership in an "open doors policy". As per the agreements, Tokelau as an external territory of New Zealand in the Pacific has also been recognised as a separate member, upon the signature of the Government of New Zealand, with their own devolved government being able to represent themselves in the forum. The forum continues to show resilience and growth and we are planning on having further growth occur in the coming year. I have attached certified copies of the agreements with the updated signatures of New Zealand, the Cook Islands and Niue as per Article XII Section 3 of the Secretariat Agreement and Article XXI of the Commission Agreement which requires the Government of Australia to transmit certified copies to member states upon any changes. Yours sincerely, Kevin Rudd. |
Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700 |
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| OFFICIAL | Low Business Impact | No or insignificant damage. This is the majority of routine information. |
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AGREEMENT ESTABLISHING THE SOUTH PACIFIC FORUM SECRETARIAT |
| The Governments of Australia, the United Kingdom and the United States with provisions to include the addition of the Governments of Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu, having become members of the South Pacific Forum, and RECOGNISING the need for increased co-operation in matters relating to trade and economic development in the Pacific region, DESIRING to identify opportunities for the removal of barriers to trade between states within the region and also between those states and states outside the region and for the modification of current trade patterns, DESIRING also that consideration should be given to the possibility of establishing a free trade area for the Pacific region, NOTING that the collection and dissemination of information and the preparation of reports and studies will be essential to facilitate these ends, CONCERNED to ensure co-ordination of studies relating to transport services within the region, CONCERNED also to obtain advice and assistance in the operation of regional trade and tourism promotion services, CONVINCED of the need to work towards co-operation and co-ordination in the planning and siting of new industries and development projects within the region, CONCERNED that all these activities should, wherever possible, be undertaken in co-ordination with the work of other international and regional organisations, and CONCERNED also to ensure the effective co-ordination of economic, political and security matters which are of importance to the region, HAVE AGREED AS FOLLOWS: |
Article I The South Pacific Forum |
| For the purposes of this Agreement, the South Pacific Forum (hereinafter called "the Forum") comprises the Heads of Government of Australia, the United Kingdom and the United States being founding members of the Forum together with the Heads of Government of Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Solomon Islands, Tonga, Tuvalu and Vanuatu and such other Heads of Government as may be admitted to the Forum membership with the approval of the Forum. |
Article II Establishment of the South Pacific Forum Secretariat |
| 1. There is hereby established the South Pacific Forum Secretariat (hereinafter called "the Secretariat"). 2. The Secretariat shall be located in Brisbane and shall operate in accordance with the provisions of this Agreement. |
Article III Purpose of the Secretariat |
| The purpose of the Secretariat is to facilitate, develop and maintain co-operation and consultation between member governments on economic development, trade, transport, tourism, energy, telecommunications, legal, political, security and such other matters as the Forum may direct. |
Article IV Membership |
| 1. The Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu shall be entitled to membership of the Secretariat and shall become members pursuant to Article XII. 2. Other Governments may be admitted to membership of the Secretariat in accordance with Article XII. |
Article V South Pacific Forum Officials Committee |
| 1. The Secretariat shall have an Executive Committee to be known as the South Pacific Forum Officials Committee (hereinafter called "the Committee"). 2. The Committee shall be composed of one representative of each of the members of the Secretariat. 3. The powers and functions of the Committee shall be to give general policy directions to the Secretary General and to make reports and recommendations to the Forum. In particular the Committee shall: (a) approve, reject or amend the annual budget estimates and any interim budget submitted by the Secretary General; (b) receive, examine and comment on the Annual Report of the Secretary General on the operation of the Secretariat; and (c) lay down staff establishment, salary policy and scales. 4. The Committee shall appoint a Chairman at its first and subsequent annual meetings who shall remain in office until the next annual meeting. 5. The Chairmanship shall rotate annually as decided by the Committee. 6. The Committee shall hold a meeting at least once in each calendar year and shall meet prior to meetings of the Forum. 7. The Secretary General, in consultation with and at the request of the Chairman, shall convene meetings of the Committee. 8. All matters shall be decided wherever possible by consensus or if necessary by a majority of the representatives present and voting. Each representative on the Committee shall have one vote. 9. The Committee shall establish its own rules of procedure. |
Article VI Secretariat Staff |
| The Secretariat Staff (hereinafter called "the Staff') shall consist of a Secretary General, a Deputy Secretary General and such further staff as may be appointed by the Secretary General in accordance with the establishment and salary policy and scales laid down by the Committee. |
Article VII Appointment of the Secretary General |
| 1. The Secretary General shall be appointed by the Forum for a term of three years under such conditions as the Committee may determine. 2. The Secretary General shall be eligible for reappointment. His appointment shall not, however, exceed two consecutive terms. 3. The channel of communication of the Secretary General with member governments shall be through their respective Ministries of Foreign Affairs. 4. If for any reason the post of Secretary General is vacant, the Deputy Secretary General shall carry out the functions of the Secretary General on an interim basis until the position is filled. |
Article VIII Functions of the Secretary General |
| 1. The Secretary General shall act as Secretary to the Forum. He shall also act as Secretary to the Committee and such other councils, committees or working groups that may be established by the Forum or the Committee. 2. The Secretary General shall also perform such other functions and duties directed to him by the Forum, the Committee or such other bodies referred to in paragraph 1 of this Article. 3. The Secretary General shall be responsible for the management of the Secretariat. |
Article IX Functions of the Secretariat Staff |
| 1. The functions of the Secretariat shall be carried out by the Staff. 2. Subject to the direction of the Committee, the Staff may: (a) prepare studies in order to identify and promote opportunities for a modification of present trade patterns in the Pacific region, and between the region and other countries, having in mind the objectives of regional trade expansion; (b) prepare studies as required on political, security and legal issues affecting the Forum or member governments; (c) carry out necessary investigations in connection with development of free trade among the Forum Island Countries (hereinafter called "FICs"); (d) prepare studies of the development plans and policies of member governments in an effort to promote co-operation in the region; and investigate the scope for regional development planning aimed among other things at a rationalisation of manufacturing and processing industries and the achievement of economies of scale in certain regional enterprises; (e) establish an advisory service on sources of technical assistance, aid and investment finance, both official and private, that is available to member governments; (f) undertake studies of regional transport, as necessary, and help co-ordinate action, both government and private, in this sector; (g) advise and assist member governments with the operation of regional trade and tourist promotion services; (h) provide a means of regular and rapid consultation among FICs on the region's import requirements to enable the bulk ordering of essential imports by official agencies; (i) act as a clearing house for information on trade, production and economic development in the region and in areas outside the region which are of interest to member governments; (j) carry out research and statistical studies on production and trade on a continuing basis as requested by the Committee; (k) prepare reports, studies and working papers; (l) establish means for the collection, dissemination and exchange of information and statistics; (m) co-operate with member governments in research projects and the obtaining and collating of statistics and other information; (n ) co-operate and co-ordinate its work with that of other international and regional organisations; and (o) undertake such other activities as the Committee may from time to time consider necessary for the attainment of the Secretariat's purpose. 3. The Staff shall provide secretarial support services to the Forum, the Committee and other councils, committees or working groups established by the Forum or the Committee. |
Article X Budget |
| 1. The annual budget of the Secretariat shall be prepared by the Secretary General for the approval or otherwise by the Committee. 2. The costs of operating the Secretariat shall be borne by the member governments in the shares set out in the Annex to this Agreement, subject to review from time to time by the Forum. 3. In advance of the Committee's approval of the budget, the Secretary General shall be entitled to incur expenditure up to a limit not exceeding two-thirds of the previous year's approved budgetary expenditure. |
Article XI Legal Status, Privileges and Immunities |
| 1. The Secretariat shall enjoy the legal capacity of a body corporate in the territories of member governments. 2. The Secretariat shall have immunity from suit and legal process and its premises, archives and property shall be inviolable. 3. The Secretariat shall be exempt from taxes, other than such as represent charges for specific services rendered. It shall also be exempt from taxes, duties and other levies, other than charges for specific services rendered, on goods imported for its official use. 4. The Secretariat shall be free of prohibition on goods imported or exported for its official use. 5. The Staff shall be entitled to immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of their official duties. 6. The Secretary General and the Deputy Secretary General shall be accorded the same exemption from taxes, duties and other levies as is accorded to a diplomatic agent. 7. All Staff who are not nationals of Australia or the State of Queensland shall be accorded exemption from taxes in respect of salaries received from the Secretariat. They shall also be accorded exemption from taxes on furniture and effects imported at the time of first taking up post. 8. Representatives attending meetings of the Committee shall be accorded immunity from suit and legal process and their official documents shall be inviolable. |
Article XII Signature, Ratification, Accession, Entry into Force and Withdrawal |
| 1. This Agreement shall be open for signature by the Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu. 2. The signature of a member government shall be taken as extending the rights and obligations set forth in this Agreement to the territories for whose international relations the member government is responsible. 3. The original of this Agreement shall be deposited with the Government of Australia which shall transmit certified copies thereof to all member governments and the Secretary General and shall register the Agreement with the Secretary General of the United Nations. 4. This Agreement shall be subject to ratification and shall enter into force on the day on which the instrument of ratification of at least three of the twenty member governments referred to in paragraph 1 of this Article, has been received by the depositary government. 5. The depositary government shall inform member governments of the entry into force of this Agreement pursuant to this Article. 6. Other governments may, with the approval of the Forum, accede to this Agreement. 7. For governments admitted to membership in the Secretariat in accordance with paragraph 6 of this Article, the Agreement shall enter into force on the date of deposit with the depositary government of an instrument of accession. 8. Any member government may denounce this Agreement by notification addressed to the depositary government and such denunciation shall take effect one year after the day upon which the depositary government has received the notification. |
Article XIII Amendments |
| 1. This Agreement may be amended at any time by the unanimous agreement of all member governments. The text of any amendment proposed by a member government shall be submitted to the depositary government which shall transmit it to member governments. 2. If the proposal to amend the Agreement receives the support of at least two other member governments, the depositary government shall notify the Secretary General who shall include the proposal on the agenda for the next meeting of the Committee. 3. If the proposal receives the unanimous agreement of the Forum, and there is no requirement for ratification by individual member governments, the amendment so adopted shall enter into force three months later. 4. If the proposal requires ratification by one or more member governments, the amendment so adopted shall enter into force on the day on which the instrument of ratification of the last to ratify of those member governments has been received by the depositary government. |
| IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. OPENED FOR SIGNATURE at Canberra this 17th day of November, 1996. For the Government of Australia and also as representatives for Norfolk Island: Dr. Carmen Lawrence this 17th day of November, 1996 For the Government of Chile as representatives for Easter Island: this _____ day of ______, 19__ For the Government of the Cook Islands: Birikti Awet this 6th day of July, 2004 For the Government of the Federated States of Micronesia: this _____ day of ______, 19__ For the Government of Fiji: this _____ day of ______, 19__ For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna: Jacques Chirac this 4th day of December, 1999 For the Government of Kiribati: this _____ day of ______, 19__ For the Government of Nauru: this _____ day of ______, 19__ For the Government of New Zealand and also as representatives for Tokelau: Helen Clarke this 6th day of July, 2004 For the Government of Niue: Hima Douglas this 6th day of July, 2004 For the Government of Palau: this _____ day of ______, 19__ For the Government of Papua New Guinea: this _____ day of ______, 19__ For the Government of the Republic of the Marshall Islands: this _____ day of ______, 19__ For the Government of Samoa: this _____ day of ______, 19__ For the Government of Solomon Islands: this _____ day of ______, 19__ For the Government of Tonga: this _____ day of ______, 19__ For the Government of Tuvalu: this _____ day of ______, 19__ For the Government of the United Kingdom as representatives for the Pitcairn Islands: Martin Williams this 17th day of November, 1996 For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands: Arnold Blankenship this 16th day of February, 1997 For the Government of Vanuatu: this _____ day of ______, 19__ |
ANNEX TO THE AGREEMENT Scale of contributions to the Budget |
| Australia | 30% |
| New Zealand | 25% |
| France | 20% |
| United States | 15% |
| United Kingdom | 10% |
AGREEMENT ESTABLISHING THE SOUTH PACIFIC COMMISSION |
| THE GOVERNMENTS of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu, (hereinafter referred to as "the participating Governments"), DESIRING to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the peoples of the territories in the South Pacific region both self-governing and administered by them, HAVE, through their duly authorised representatives met together in Canberra, made an Agreement in the following terms: |
Article I Establishment of the Commission |
| 1. There is hereby established the South Pacific Commission (hereinafter referred to as "the Commission"). |
Article II Territorial Scope |
| 2. The territorial scope of the Commission shall comprise all those territories in the Pacific Ocean which lie wholly or in part south of the Equator and east from Papua New Guinea. 3. The territorial scope of the Commission may be altered by agreement of all the participating Governments. |
Article III Composition of the Commission |
| 4. The Commission shall consist of not more than twenty-four Commissioners. Each participating Government may appoint one Commissioner. 5. Each participating Government may appoint such alternates and advisers to its Commissioners as it considers desirable. |
Article IV Powers and Functions |
| 6. The Commission shall be a consultative and advisory body to the participating Governments in matters affecting the economic and social development of the territories within the scope of the Commission and the welfare and advancement of their peoples. To this end, the Commission shall have the following powers and functions: (a) to study, formulate and recommend measures for the development of, and where necessary the coordination of services affecting, the economic and social rights and welfare of the inhabitants of the territories within the scope of the Commission, particularly in respect of agriculture (including animal husbandry), communications, transport, fisheries, forestry, industry, labour, marketing, production, trade and finance, public works, education, health, housing and social welfare; (b) to provide for and facilitate research in technical, scientific, economic and social fields in the territories within the scope of the Commission and to ensure the maximum cooperation and coordination of the activities of research bodies; (c) to make recommendations for the coordination of local projects in any of the fields mentioned in the previous subparagraphs which have regional significance and for the provision of technological assistance from a wider field not otherwise available to a territorial administration; (d) to provide technical assistance, advice and information (including statistical and other material) for the participating Governments; (e) to promote cooperation with non-participating Governments and with non-governmental organisations of a public or quasi-public character having common interests in the area, in matters within the competence of the Commission; (f) to address inquiries to the participating Governments on matters within its competence; (g) to make recommendations with regard to the establishment and activities of auxiliary and subsidiary bodies. 7. The Commission may discharge such other functions as may be agreed upon by the participating Governments. 8. The Commission may make such administrative arrangements as may be necessary for the exercise of its powers and the discharge of its functions. 9. With a view to facilitating the inauguration of the work of the Commission in matters immediately affecting the economic and social welfare of the local inhabitants of the territories within the scope of the Commission, the Commission shall give early consideration to the projects agreed upon by the participating Governments. 10. The participating Governments undertake to secure such legislative and administrative provision as may be required to ensure that the Commission will be recognised in their territories as possessing such legal capacity and as being entitled to such privileges and immunities (including the inviolability of its premises and archives) as are necessary for the independent exercise of its powers and discharge of its functions. |
Article V Procedure of the Commission |
| 11. Irrespective of the place of meeting, each Commissioner shall preside over sessions of the Commission in rotation, according to the English alphabetical order of the participating Governments. 12. The Commission may meet at such times and in such places as it may determine. It shall hold two regular sessions in each year, and such further sessions as it may decide. 13. At a meeting of the Commission two-thirds of all the Commissioners shall constitute a quorum. 14. The decisions of the Commission shall be taken in accordance with the following rules: (a) Commissioners shall be entitled to vote; (b) procedural matters shall be decided by a majority of the Commissioners present and voting; (c) decisions on budgetary or financial matters which may involve a financial contribution by the participating Governments (other than a decision to adopt the annual administrative budget of the Commission), shall require the concurring votes of all the Commissioners. (d) decisions on all other matters (including a decision to adopt the annual administrative budget of the Commission) shall require the concurring votes of two-thirds of all the Commissioners. 15. In the absence of a Commissioner, his functions shall be discharged for all purposes of this Article by an alternate designated by his Government or the Commissioner. 16. The Commission may appoint Committees and, subject to the provisions of this Agreement, may promulgate rules of procedure and other regulations governing the operations of the Commission, of its auxiliary and subsidiary bodies and such Committees as it shall establish, and of the Secretariat and generally for the purpose of carrying into effect the terms of this Agreement. 17. The official languages of the Commission and its auxiliary and subsidiary bodies shall include English and French. 18. The Commission shall make to each of the participating Governments, and publish, an annual report on its activities, including those of its auxiliary and subsidiary bodies. |
Article VI Research Council |
| 19. In view of the special importance of research for the carrying out of the purposes of the Commission, there shall be established a Research Council which shall serve as a standing advisory body auxiliary to the Commission. |
Article VII Composition of the Research Council |
| 20. Members of the Research Council shall be appointed by the Commission on such terms and conditions as the Commission may decide. 21. (a) The Commission shall appoint, as members of the Research Council, such persons distinguished in the fields of research within the competence of the Commission as it considers necessary for the discharge of the Council's functions; (b) Among the members of the Council so appointed there shall be a small number of persons highly qualified in the several fields of health, economic development and social development who shall devote their full time to the work of the Research Council. 22. The Research Council shall elect a Chairman from its members. 23. The Commission shall appoint a full-time official who shall direct research and be charged with the general responsibility for supervising the execution of the programme of the Research Council. He shall be, ex officio, a member and the Deputy Chairman of the Council and, subject to the directions of the Commission, shall be responsible for arranging and facilitating cooperative research, for arranging and carrying out research projects of a special nature, for collecting and disseminating information concerning research and for facilitating the exchange of experience among research workers of the area. He shall be responsible to the Director-General for all administrative matters connected with the work of the Research Council and of its Committees. 24. In all technical matters full-time members shall be under the direction of the Deputy Chairman of the Research Council. In all administrative matters they shall be responsible to the Director-General. 25. Recommendations of the Research Council in connection with research projects to be undertaken shall be first submitted to the Commission for approval. |
Article VIII Functions of the Research Council |
| 26. The functions of the Research Council shall be: (a) to maintain a continuous survey of research needs in the territories within the scope of the Commission and to make recommendations to the Commission on research to be undertaken; (b) to arrange, with the assistance of the Secretary-General, for the carrying out of the research studies approved by the Commission, using existing institutions where appropriate and feasible; (c) to coordinate the research activities of other bodies working within the field of the Commission's activities and, where possible, to avail itself of the assistance of such bodies; (d) to appoint technical standing research committees to consider problems in particular fields of research; (e) to appoint, with the approval of the Commission, ad hoc research committees to deal with special problems; (f) to make to each session of the Commission a report of its activities. |
Article IX The South Pacific Conference |
| 27. In order to associate with the work of the Commission representatives of the local inhabitants of, and of official and non-official institutions directly concerned with, the territories within the scope of the Commission, there shall be established a South Pacific Conference with advisory powers as a body auxiliary to the Commission. |
Article X Sessions of the Conference |
| 28. A session of the South Pacific Conference shall be convoked within two years after this Agreement comes into force, and thereafter at intervals not exceeding three years. 29. Each session of the Conference shall be held in one of the territories within the scope of the Commission at a place designated by the Commission with due regard to the principle of rotation. 30. The Chairman of each session of the Conference shall be the Commissioner of the Government in whose territory the session is held. 31. The Director-General shall be responsible for the administrative arrangements of the Conference. 32. The Commission shall adopt rules of procedure for the Conferences and approve the agenda for each session of the Conference. The Director-General shall prepare the necessary documents for consideration by the Commission. 33. The Conference may make recommendations to the Commission on procedural questions affecting its sessions. It may also recommend to the Commission the inclusion of specific items on the agenda for the Conference. |
Article XI Composition of the Conference |
| 34. Delegates to the Conference shall be appointed for each territory which is within the scope of the Commission and which is designated for this purpose by the Commission. The maximum number of delegates for each territory shall be determined by the Commission. In general, the representation shall be at least two delegates for each designated territory. 35. Delegates shall be selected in such a manner as to ensure the greatest possible measure of representation of the local inhabitants of the territory. 36. Delegates shall be appointed for each designated territory in accordance with its constitutional procedure. 37. The delegations for each designated territory may include alternate delegates and as many advisers as the appointing authority considers necessary. |
Article XII Functions of the Conference |
| 38. The Conference may discuss such matters of common interest as fall within the competence of the Commission, and may make recommendations to the Commission on any such matters. |
Article XIII The Secretariat |
| 39. The Commission shall establish a Secretariat to serve the Commission and its auxiliary and subsidiary bodies. 40. The Commission shall, subject to such terms and conditions as it may prescribe, appoint a Director-General and a Deputy Director-General. They shall hold office for five years unless their appointments are earlier terminated by the Commission. They shall be eligible for re-appointment. 41. The Director-General shall be the chief administrative officer of the Commission and shall carry out all directions of the Commission. He shall be responsible for the functioning of the Secretariat, and shall be empowered, subject to such directions as he may receive from the Commission, to appoint and dismiss, as necessary, members of the staff of the Secretariat. 42. In the appointment of the Director-General, the Deputy Director-General and the staff of the Secretariat, primary consideration shall be given to the technical qualifications and personal integrity of candidates. To the fullest extent consistent with this consideration, the staff of the Secretariat shall be appointed from the local inhabitants of the territories within the scope of the Commission and with a view to obtaining equitable national and local representation. 43. Each participating Government undertakes so far as possible under its constitutional procedure to accord to the Director-General, to the Deputy Director-General, to the full time members of the Research Council and to appropriate members of the staff of the Secretariat such privileges and immunities as may be required for the independent discharge of their functions. The Commission may make recommendations with a view to determining the details of the application of this paragraph or may propose conventions to the participating Governments for this purpose. 44. In the performance of their duties, the Director-General, the Deputy Director-General, the full time members of the Research Council and the staff of the Secretariat shall not seek or receive instructions from any Government or from any other authority external to the Commission. They shall refrain from any action which might reflect on their position as international officials responsible only to the Commission. 45. Each participating Government undertakes to respect the exclusively international character of the responsibilities of the Director-General, the Deputy Director-General, the full time members of the Research Council, and the staff of the Secretariat, and not to seek to influence them in the discharge of their responsibilities. |
Article XIV Finance |
| 46. The Commission shall adopt an annual budget for the administrative expenses of the Commission and its auxiliary and subsidiary bodies, and such supplementary budgets as it may determine. The Director-General shall be responsible for preparing and submitting to the Commission for its consideration the annual administrative budget and such supplementary budgets as the Commission may require. 47. Except for the salaries, allowances and miscellaneous expenditures of the Commissioners and their immediate staffs, which shall be determined and paid by the respective Governments appointing them, the expenses of the Commission and its auxiliary and subsidiary bodies (including the expenses of delegates to the South Pacific Conference on a scale approved by the Commission) shall be a charge on the funds of the Commission. 48. There shall be established, to meet the expenses of the Commission, a fund to which each participating Government undertakes, subject to the requirements of its constitutional procedure, to contribute promptly its proportion of the estimated expenditure of the Commission, as determined in the annual administrative budget and in any supplementary budgets adopted by the Commission. 49. The expenses of the Commission and its auxiliary and subsidiary bodies shall be apportioned among the participating Governments in the following proportions: Australia: 30% New Zealand: 25% France: 20% United States of America: 15% United Kingdom of Great Britain and Northern Ireland: 10% Before the close of its second fiscal year, the Commission shall review the apportionment of expenses and recommend to the participating Governments such adjustments as it considers desirable. Adjustments may at any time be made by agreement of all the participating Governments. 50. The fiscal year of the Commission shall be the calendar year. 51. Subject to the directions of the Commission, the Director-General shall be responsible for the control of the funds of the Commission and of its auxiliary and subsidiary bodies and for all accounting and expenditure. Audited statements of accounts for each fiscal year shall be forwarded to each participating Government as soon as possible after the close of the fiscal year. 52. The Director-General, or an officer authorised by the Commission to act as Director-General pending the appointment of the Director-General, shall at the earliest practicable date after the coming into force of this Agreement submit to the Commission an administrative budget for the current fiscal year and any supplementary budgets which the Commission may require. The Commission shall thereupon adopt for the current fiscal year an administrative budget and such supplementary budget as it may determine. 53. Pending adoption of the first budget of the Commission, the administrative expenses of the Commission shall be met, on terms to be determined by the Commission, from an initial working fund of USD$80,000 to which the participating Governments undertake to contribute in the proportions provided for in paragraph 49 of this Agreement. 54. The Commission may in its discretion accept for inclusion in its first budget any expenditure incurred by the Government of Australia for the purpose of paragraph 64 of this Agreement. The Commission may credit any such expenditure against the contribution of the Government concerned. The aggregate of the amounts which may be so accepted and credited shall not exceed USD$10,000. |
Article XV Relationship with other International Bodies |
| 55. The Commission and its auxiliary and subsidiary bodies, while having no organic connection with the Global Assembly, shall cooperate as fully as possible with the Global Assembly and with appropriate specialised agencies on matters of mutual concern within the competence of the Commission. 56. The participating Governments undertake to consult with the Global Assembly and the appropriate specialised agencies at such times and in such manner as may be considered desirable, with a view to defining the relationship which may in future exist and to ensuring effective cooperation between the Commission, including its auxiliary and subsidiary bodies, and the appropriate organs of the Global Assembly and specialised agencies dealing with economic and social matters. 57. The Commission may make recommendations to the participating Governments as to the manner in which effect can best be given to the principles stated in this Article. |
Article XVI Headquarters |
| 58. The permanent headquarters of the Commission and its auxiliary and subsidiary bodies shall be located within the territorial scope of the Commission at such place as the Commission may select. The Commission may establish branch offices and, except as otherwise provided in this Agreement, may make provision for the carrying on of any part of its work or the work of its auxiliary and subsidiary bodies at such place or places within or without the territorial scope of the Commission as it considers will most effectively achieve the objectives for which it is established. The Commission shall select the site of the permanent headquarters within six months after this Agreement comes into force. Pending the establishment of its permanent headquarters, it shall have temporary headquarters in or near Sydney, Australia. |
Article XVII Saving Clause |
| 59. Nothing in this Agreement shall be construed to conflict with the existing or future constitutional relations between any participating Government and its territories or in any way to affect the constitutional authority and responsibility of the territorial administrations. |
Article XVIII Alteration of Agreement |
| 60. The provisions of this Agreement may be amended by consent of all the participating Governments. |
Article XIV Withdrawal |
| 61. After the expiration of two years from the coming into force of this Agreement a participating Government may withdraw from the Agreement on giving one year's notice to the Commission. 62. If any participating Government ceases to administer territory within the scope of the Commission, that Government shall so notify the Commission and shall be deemed to have withdrawn from the Agreement as from the close of the then current calendar year. 63. Notwithstanding the withdrawal of a participating Government this Agreement shall continue in force as between the other participating Governments. |
Article XV Interim Provisions |
| 64. Preliminary arrangements for the establishment of the Commission shall be undertaken by the Government of Australia. |
Article XXI Entry into Force |
| 65. The Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu shall become parties to this Agreement by: (a) signature without reservation, or (b) signature ad referendum and subsequent acceptance. Acceptance shall be effected by notification to the Government of Australia. The Agreement shall enter into force when three of the abovementioned Governments have become parties to it. 66. The Government of Australia shall notify the other abovementioned Governments of each acceptance of this Agreement, and also of the date on which the Agreement comes into force. 67. The Government of Australia shall on behalf of all the participating Governments register this Agreement with the Secretariat of the Global Assembly. |
| This Agreement, of which the English and French texts are equally authentic, shall be deposited in the archives of the Government of Australia. Duly certified copies thereof shall be transmitted by the Government of Australia to the other participating Governments. IN WITNESS WHEREOF the duly authorised representatives of the respective participating Governments have signed this Agreement. OPENED in Canberra for signature on the 22nd day of December, 1996. For the Government of Australia and also as representatives for Norfolk Island: Dr. Carmen Lawrence this 15th day of February, 1997 For the Government of Chile as representatives for Easter Island: this _____ day of ______, 19__ For the Government of the Cook Islands: Birikti Awet this 6th day of July, 2004 For the Government of the Federated States of Micronesia: this _____ day of ______, 19__ For the Government of Fiji: this _____ day of ______, 19__ For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna: Jacques Chirac this 4th day of December, 1999 For the Government of Kiribati: this _____ day of ______, 19__ For the Government of Nauru: this _____ day of ______, 19__ For the Government of New Zealand and also as representatives for Tokelau: Helen Clarke this 6th day of July, 2004 For the Government of Niue: Hima Douglas this 6th day of July, 2004 For the Government of Palau: this _____ day of ______, 19__ For the Government of Papua New Guinea: this _____ day of ______, 19__ For the Government of the Republic of the Marshall Islands: this _____ day of ______, 19__ For the Government of Samoa: this _____ day of ______, 19__ For the Government of Solomon Islands: this _____ day of ______, 19__ For the Government of Tonga: this _____ day of ______, 19__ For the Government of Tuvalu: this _____ day of ______, 19__ For the Government of the United Kingdom as representatives for the Pitcairn Islands: Martin Williams this 15th day of February, 1997 For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands: Arnold Blankenship this 16th day of February, 1997 For the Government of Vanuatu: this _____ day of ______, 19__ |
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