South Pacific Forum

Owen · Feb 19, 2024

Overview

Seat of Secretariat:	Brisbane, Australia
Forum Chair (Annual Rotation):	Northern Mariana Islands
Secretary General:	Greg Urwin
Member States:	See Below
Observers:	France United Kingdom United States

Member States

State:	Population:	Capital:	Largest City:	Representative:
Commonwealth of Australia	24,898,156	Canberra	Sydney	Prime Minister of Australia The Honourable Julia Gillard, MP
New Zealand	4,993,923	Wellington	Auckland	Prime Minister of New Zealand The Right Honourable Helen Clark, MP
French Polynesia	275,918	Papeete	Fa'a'ā	President of French Polynesia Gaston Flosse
New Caledonia	271,407	Nouméa	Nouméa	President of the Government of New Caledonia Pierre Frogier
Guam	165,768	Agana	Dededo	Governor of Guam Felix J. Perez Camacho
Commonwealth of the Northern Mariana Islands	56,882	Saipan	Saipan	Governor of the Northern Mariana Islands Juan Babauta
American Samoa	55,465	Pago Pago	Pago Pago	Governor of American Samoa Togiola Tulafono
Cook Islands	15,040	Avarua	Avarua	Prime Minister of the Cook Islands Robert Woonton
Territory of the Wallis and Futuna Islands	11,558	Matā'Utu	Matā'Utu	Administrator Superior of Wallis and Futuna Christian Job
Territory of Norfolk Island	2,302	Kingston	Burnt Pine	Chief Minister of Norfolk Island The Honourable Lisle Snell, MLA
Niue	1,681	Alofi	Alofi	Premier of Niue Young Vivian
Tokelau	1,499	Fakaofo	Atafu	Ulu-o-Tokelau Patuki Isaako
Pitcairn, Henderson, Ducie and Oeno Islands	47	Adamstown	Adamstown	Governor of Pitcairn Richard Fell

Treaties and Agreements

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 Clark
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 Clark
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__

SOUTH PACIFIC FORUM FISHERIES AGENCY CONVENTION

(PLACE, ## MON ####)

ENTRY INTO FORCE: ## MON ####

Depositary: Government of Australia

THE GOVERNMENTS COMPRISING THE SOUTH PACIFIC FORUM

NOTING the Convention on the Law of the Sea;

RECOGNISING their common interest in the conservation and optimum utilisation of the living marine resources of the South Pacific region and in particular of the highly migratory species;

DESIRING to promote regional co-operation and co-ordination in respect of fisheries policies;

BEARING in mind recent developments in the law of the sea;

CONCERNED to secure the maximum benefits from the living marine resources of the region for their peoples and for the region as a whole and in particular the developing countries; and

DESIRING to facilitate the collection, analysis, evaluation and dissemination of relevant statistical scientific and economic information about the living marine resources of the region, and in particular the highly migratory species;

HAVE AGREED AS FOLLOWS:

Article I
Agency

1. There is hereby established a South Pacific Forum Fisheries Agency.

2. The Agency shall consist of a Forum Fisheries Committee and a Secretariat.

3. The seat of the Agency shall be at ???, ????.

Article II
Membership

Membership of the Agency shall be open to:

(a) members of the South Pacific Forum;

(b) other states or territories in the region on the recommendation of the Committee and with the approval of the Forum.

Article III
Recognition of Coastal States' Rights

The Parties to this Convention recognise that the coastal state has sovereign rights, for the purpose of exploring and exploiting, conserving and managing the living marine resources, including highly migratory species, within its exclusive economic zone or fishing zone which may extend 200 nautical miles from the baseline from which the breadth of its territorial sea is measured.

Without prejudice to Paragraph (1) of this Article the Parties recognise that effective co-operation for the conservation and optimum utilisation of the highly migratory species of the region will require the establishment of additional international machinery to provide for co-operation between all coastal states in the region and all states involved in the harvesting of such resources.

Article IV
Committee

1. The Committee shall hold a regular session at least once every year. A special session shall be held at any time at the request of at least four Parties. The Committee shall endeavour to take decisions by consensus.

2. Where consensus is not possible each Party shall have one vote and decisions shall be taken by a two-thirds majority of the Parties present and voting.

3. The Committee shall adopt such rules of procedure and other internal administrative regulations as it considers necessary.

4. The committee may establish such sub-committees, including technical and budget subcommittees as it may consider necessary.

5. The South Pacific Bureau for Economic Co-operation (SPEC) may participate in the work of the Committee. States, territories and other international organisations may participate as observers in accordance with such criteria as the Committee may determine.

Article V
Functions of the Committee

1. The functions of the Committee shall be as follows:

(a) to provide detailed policy and administrative guidance and direction to the Agency;

(b) to provide a forum for Parties to consult together on matters of common concern in the field of fisheries;

(c) to carry out such other functions as may be necessary to give effect to this Convention.

2. In particular the Committee shall promote intra-regional co-ordination and co-operation in the following fields:

(a) harmonisation of policies with respect to fisheries management;

(b) co-operation in respect of relations with distant water fishing countries;

(c) co-operation in surveillance and enforcement;

(d) co-operation in respect of onshore fish processing;

(e) co-operation in marketing;

(f) co-operation in respect of access to the 200 mile zones of other Parties.

Article VI
Director, Staff and Budget

1. The Committee shall appoint a Director of the Agency on such conditions as it may determine.

2. The Committee may appoint a Deputy Director of the Agency on such conditions as it may determine.

3. The Director may appoint other staff in accordance with such rules and on such conditions as the Committee may determine.

4. The Director shall submit to the Committee for approval:

(a) an annual report on the activities of the Agency for the preceding year;

(b) a draft work program and budget for the succeeding year.

5. The approved report, budget and work program shall be submitted to the Forum.

6. The budget shall be financed by contributions according to the shares set out in the Annex to this Convention. The Annex shall be subject to review from time to time by the Committee.

7. The Committee shall adopt financial regulations for the administration of the finances of the Agency. Such regulations may authorise the Agency to accept contributions from private or public sources.

8. All questions concerning the budget of the Agency, including contributions to the budget, shall be determined by the Committee.

9. In advance of the Committee's approval of the budget, the Agency shall be entitled to incur expenditure up to a limit not exceeding two-thirds of the preceding year's approved budgetary expenditure.

Article VII
Functions of the Agency

Subject to direction by the Committee the Agency shall:

(a) collect, analyse, evaluate and disseminate to Parties relevant statistical and biological information with respect to the living marine resources of the region and in particular the highly migratory species;

(b) collect and disseminate to Parties relevant information concerning management procedures, legislation and agreements adopted by other countries both within and beyond the region;

(c) collect and disseminate to Parties relevant information on prices, shipping, processing and marketing of fish and fish products;

(d) provide, on request, to any Party technical advice and information, assistance in the development of fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in matters pertaining to surveillance and enforcement;

(e) seek to establish working arrangements with relevant regional and international organisations, particularly the South Pacific Commission; and

(f) undertake such other functions as the Committee may decide.

Article VIII
Legal Status, Privileges and Immunities

1. The Agency shall have legal personality and in particular the capacity to contract, to acquire and dispose of movable and immovable property and to sue and be sued.

2. The Agency shall be immune from suit and other legal process and its premises, archives and property shall be inviolable.

3. Subject to approval by the Committee the Agency shall promptly conclude an agreement with the Government of Solomon Islands providing for such privileges and immunities as may be necessary for the proper discharge of the functions of the Agency.

Article IX
Information

The Parties shall provide the Agency with available and appropriate information including:

(a) catch and effort statistics in respect of fishing operations in waters under their jurisdiction or conducted by vessels under their jurisdiction;

(b) relevant laws, regulations and international agreements;

(c) relevant biological and statistical data; and

(d) action with respect to decisions taken by the Committee.

Article X
Signature, Accession, Entry into Force

1. This Convention shall be open for signature by members of the South Pacific Forum.

2. This Convention is not subject to ratification and shall enter into force 30 days following the third signature. Thereafter it shall enter into force for any signing or acceding state thirty days after signature or the receipt by the depositary of an instrument of accession.

3. This Convention shall be deposited with the Government of Australia (herein referred to as the depositary) who shall be responsible for its registration with the Global Assembly.

4. States or territories admitted to membership of the Agency in accordance with Article II(b) shall deposit an instrument of accession with the depositary.

5. Reservations to this Convention shall not be permitted.

Article XI
Withdrawal and Amendment

1. Any Party may withdraw from this Convention by giving written notice to the depositary. Withdrawal shall take effect one year after receipt of such notice.

2. Any Party may propose amendments to the Convention for consideration by the Committee. The text of any amendment shall be adopted by a unanimous decision. The Committee may determine the procedures for the entry into force of amendments to this Convention.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Convention.

Opened for signature at ???? this ##th day of MON, ####

For the Government of Australia and also as representatives for Norfolk Island:
this _____ day of ______, 20__

For the Government of Chile as representatives for Easter Island:
this _____ day of ______, 20__

For the Government of the Cook Islands:
this _____ day of ______, 20__

For the Government of the Federated States of Micronesia:
this _____ day of ______, 20__

For the Government of Fiji:
this _____ day of ______, 20__

For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna:
this _____ day of ______, 20__

For the Government of Kiribati:
this _____ day of ______, 20__

For the Government of Nauru:
this _____ day of ______, 20__

For the Government of New Zealand and also as representatives for Tokelau:
this _____ day of ______, 20__

For the Government of Niue:
this _____ day of ______, 20__

For the Government of Palau:
this _____ day of ______, 20__

For the Government of Papua New Guinea:
this _____ day of ______, 20__

For the Government of the Republic of the Marshall Islands:
this _____ day of ______, 20__

For the Government of Samoa:
this _____ day of ______, 20__

For the Government of Solomon Islands:
this _____ day of ______, 20__

For the Government of Tonga:
this _____ day of ______, 20__

For the Government of Tuvalu:
this _____ day of ______, 20__

For the Government of the United Kingdom as representatives for the Pitcairn Islands:
this _____ day of ______, 20__

For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands:
this _____ day of ______, 20__

For the Government of Vanuatu:
this _____ day of ______, 20__

ANNEX

The following are the shares to be contributed by Parties to the Convention towards the budget of the Agency in accordance with Article VI(6) -

Australia 1/3
France 1/3
United States 1/6
United Kingdom 1/6

MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF THE SOUTH PACIFIC LINE LIMITED

THE CONTRACTING PARTIES TO THIS MEMORANDUM:

HAVING REGARD to the decision of the South Pacific Forum that a regional shipping line be established;

RECOGNISING the importance of shipping services as life lines for the existence of and for the development of the South Pacific region;

CONSIDERING the need to ensure regular shipping services and encourage economic development;

RECOGNISING the desirability of containing escalating freight rates; and

AGREEING to co-operate in the establishment of regular fully rationalised shipping services among ports of the Contracting Parties to this Memorandum and also among other ports;

HAVE AGREED as follows:

ARTICLE I
Interpretation

In this Memorandum unless there is something in the subject matter or context inconsistent therewith or repugnant thereto:

1. "Board" means the Board of Directors of the Line;
"Contracting Party" means a party to this Memorandum;
"Council" means the Council rderred to in Clause 1 of Article IV;
"Dollar" and the sign "$" means the Western Samoan Tala;
"Financial year" means the financial year determined by the Board;
"Forum" means the South Pacific Forum;
"Line" means the Pacific Forum Line Limited;
"Non-Shipping Member" means a Contracting Party which is not a Shipping Member;
"Ship evaluation factor" means the factor determined in accordance with the formula set out in the Schedule;
"Shipping Member" means a Contracting Party which by itself or through a nominee provides for charter or otherwise contributes a ship or ships to the Line for the purpose of this Memorandum;

"Unit charter rate" means the rate referred to in Article IX.

2. Any question of interpretation or application of the provisions of this Memorandum, not being a dispute within the provisions of Article XIV, shall be submitted to the Council whose decision thereon shall be final.

ARTICLE II
Establishment of Line

1. There shall be established a regional shipping line to be known as the Pacific Forum Line Limited which shall have its registered office in and shall be constituted by the laws of Western Samoa as a private company oflimited liability with a Memorandum of Association and Articles ofAssociation as may be approved by the Contracting Parties.

2. Each Contracting Party shall, on becoming a Contracting Party contribute a sum of TEN THOUSAND DOLLARS ($10,000) which shall represent the payment for shares in the share capital of the said private company of limited liability. On such payment being made shares shall be issued to the Contracting Party which shall not be permitted to dispose of such shares by sale or otherwise other than to all the other Contracting Parties jointly inter se by way of gift for no consideration. And furthermore if any Government should subsequently become party tothis Memorandum that Government shall also contribute $10,000 for shares and the then existing Contracting Parties shall then be required to transfer to all the Contracting Parties (including the Government so becoming party) jointly inter se by way of gift for no consideration all the shares (if any) then held by the existing Contracting Parties jointly inter se.

ARTICLE III
Objects of Line

The principal objects of the Line shall be to:

1. Operate a viable shipping service with ships owned chartered or subchartered by the Line.

2. Charter or subcharter from Contracting Parties on such basis and at charter rates fixed in accordance with Article IX or where necessary charter or subcharter from other sources on a commercial basis ships which will provide the services envisaged.

3. Collect through or from agents or principals or otherwise revenue from freight earned or services rendered and from the proceeds pay charter fees and other operating and administration expenses.

4. Provide in special circumstances and in the interests of the Contracting Parties shipping services designed to meet the special requirement of a particular area.

5. Having regard to safety, efficiency and economy of operation pursue a policy directed towards making a profit in each year.

6. Allocate in accordance with the provisions of this Memorandum the profits arising from the operations of the Line.

ARTICLE IV
Administration of the Line

The Line shall be administered through:

1. The South Pacific Regional Shipping Council established in accordance with this Memorandum of Understanding.

2. A Board of Directors to be established in accordance with Article VI of this Memorandum.

ARTICLE V
Functions of the Council

The functions of the Council with respect to the Line shall be to:

1. Determine the general policies of the Line and to communicate these to the Board.

2. Review the operations of the Line in the light of the principal objects set out in Article III.

3. Determine the basis for the contractual arrangements which shall be entered into by the Line.

4. Determine policies for the establishment of tariffs.

5. Approve criteria for the provision of non-viable services in special circumstances.

ARTICLE VI
Board of Directors

1. There shall be a Board of Directors of the Line consisting of seven (7) members being a representative of each of the Shipping Members and if at any time there are less than seven (7) of such members, the members shall be supplemented by sufficient representatives of Non-Shipping Members to bring the number of members of the Board up to seven (7) and each member may appoint an alternate to act in his place.

2. A representative of a Shipping Member shall cease to be a member of the Board ipso facto upon the Shipping Member which he represents becoming a Non-Shipping Member.

3. The representatives of Shipping Members shall be appointed by their respective Governments for a term not exceeding two (2) years (subject to earlier cessation under the provisions of Clause 2 hereof) and may be eligible for reappointment for a further term or terms.

4. Subject to Clause 1 of this Article the Non-Shipping Members shall be elected by the Council from Non-Shipping Members for a term not exceeding one (1) year and may be eligible for reappointment for a further
term or terms.

5. The members of the Board shall elect from among the representatives of Shipping Members a Chairman and a Vice-Chairman.

6. The Board shall hold such meetings as in the opinion of the Chairman are necessary for the efficient conduct of the Line, provided that:

(a) the Council may at any time by giving twenty-one (21) clear days notice to all members of the Board direct the Board to meet;

(b) the Chairman shall, on receipt of a written request from not less than five (5) members of the Board, call a meeting of the Board;

(c) in any event the Board shall meet at least quarterly.

7. In the event of the absence of the Chairman from any meeting the Vice-Chairman shall preside.

8. In the event of the absence of both the Chairman and the Vice Chairman the Board shall elect from among the representatives of the Shipping Members a Chairman.

9. At any meeting of the Board five (5) members shall constitute a quorum.

10. The person presiding at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes in a case where a simple majority is required, also a casting vote.

11. The determining of the unit charter rate or Ship Evaluation Factor in accordance with Article IX shall be decided by a unanimous vote of the members of the Board present in person or by alternate at that meeting of the Board.

12. The following matters shall be decided by five (5) affirmative votes:

(a) the entry of the Line into any shipping service;

(b) any recommendation as to the allocation of profits in accordance with Article X.

13. A member of the Board who is directly or indirectly interested in a contract or charter party requiring the approval of the Board or which has been approved by the Board shall as soon as possible after the relevant facts have come to his knowledge disclose the nature of his interest at a meeting of the Board.

14. A disclosure under the previous provision shall be recorded in the minutes of the Board and the member shall not take part in voting on a matter in respect of that contract or charter party.

ARTICLE VII
Functions of the Board

The principal functions of the Board shall be:

1. To implement the general policies of the Council;

2. To appoint a General Manager who shall be the chief executive officer of the Line and to fix the terms and conditions of his employment;

3. To advise and direct the General Manager in the general management of the Line;

4. To receive the Annual or Interim Reports of the General Manager on the operations of the Line and to transmit such reports to the Council and to all Contracting Parties;

5. To approve--

(a) the frequency of routes and scheduling of the services to be provided by the Line;

(b) the number, type and class of ships to be operated;

(c) general charter rates;

(d) the appointment and the general conditions of engagement of agents and stevedores;

(e) the establishment, salary scales and general conditions of engagement and employment of employees of the Line;

(f) the appointment of a bank or banks at which the Line may operate accounts;

(g) the subchartering of any ship which is on charter or subcharter to the Line subject to the consent of the chartering party;

(h) the Line acting as substantive agent for other persons;

(i) the borrowing of moneys from time to time in such amounts as may be found to be necessary for the purposes of the business of the Line and the giving of security therefor over the whole or any part of the assets of the Line;

6. With the approval of the Council to enter into long term contractual arrangements with other shipping interests for the pooling of cargo and shipping space, but, subject thereto, the Board and the Management of the Line shall be free to enter into arrangements and to co-operate with such other interests where commercially expedient and in order to promote the development and facilitate the day to day operations of the business of the Line;

7. To appoint an Auditor.

ARTICLE VIII
Functions of the General Manager

1. The functions of the General Manager shall be:

(a) to develop manage and operate the Line and its associated services and be responsible for the control, organisation, appointment and dismissal of employees of the Line in accordance with the policies and directions of the Board;

(b) in appointing employees of the Line and subject to the paramount importance of securing the highest standards of efficiency and technical competence to pay due regard to the recruitment of personnel on as equitable a geographical basis as possible;

(c) to report to and advise the Board on a regular basis upon any matter concerning the Line and to submit an annual report including audited accounts on the operation of the Line.

2. The General Manager shall attend the meetings of the Board.

ARTICLE IX
Charter Rate

1. The charter rate at which. ships will be let by Contracting Parties for the operation of shipping services shall be determined on the following basis:

(a) each ship shall be given a Ship Evaluation Factor determined in accordance with the Ship Evaluation Formula set out in the Schedule;

(b) the Ship Evaluation Factor shall be multiplied by a unit charter rate fixed by the Board for that ship.

2. Notwithstanding anything in this Article the Board may in exceptional circumstances by a unanimous vote decide a Ship Evaluation Factor other than that calculated on the foregoing basis so as to take account of special features of the ship not adequatdy covered by the Ship Evaluation Formula.

ARTICLE X
Allocation of Profits

1. An audited profit and loss account of the Line for each financial year shall be obtained and submitted to the Board by the General Manager as soon as practicable after the close of the financial year in question.

2. Upon receipt of the audited accounts for each financial year the Board shall recommend to the Council for approval the manner of allocation and quantum thereof of the net profits as appearing from such audited accounts and in particular by way of transfer to any Reserve Fund and/or by way of supplementary charter payments for that year and/or by way of freight rate rebates or reliefs and/or by way of dividends on shares, provided that any Contracting Party waiving its right to any dividend (including its proportion of any joint dividend) may specify that that dividend shall be allocated for the specific purpose of reserves of the Line or freight rate rebates or reliefs for the lowering of rates on specific routes.

3. "Net profits" for the purposes of this Article shall mean profits after the payment of any tax.

ARTICLE XI
Signature, Ratification and Accession

1. This Memorandum shall be open for signature by the Governments of Australia, Cook Islands, New Zealand, Niue, France, the United Kingdom and the United States, at the Headquarters of the South Pacific Forum until the 30th day of June 2006.

2. This Memorandum is subject to ratification.

3. Any Government which after the 30th day of June 2006 becomes a member of the Forum may accede to this Memorandum.

4. Other Governments may, with the approval of the Forum, accede to this Memorandum.

5. This Memorandum shall enter into force between the Governments hereinafter referred to in this Clause one (1) month from the day on which instruments of ratification or accession have been deposited by the last of a minimum number of seven (7) of the Governments referred to in Clause 1 of this Article.

6. For Governments subsequently ratifying or acceding to this Memorandum, this Memorandum shall enter into force on the date of deposit with the Secretary-General of the Forum of their respective instruments of ratification or accession and as from such date those Governments shall be deemed to be Contracting Parties for the purposes of this Memorandum.

7. The original of this Memorandum shall be deposited with the Secretary-General of the Forum who shall transmit certified copies thereof to all Contracting Parties and shall register this Memorandum with the Secretary General of the United Nations and the Secretary-General of the Forum shall, also inform Contracting Parties of the entry into force of this Memorandum and shall notify Contracting Parties of the deposit of all instruments of ratification and accession.

8. The signature of a Government shall not be taken as extending the rights and obligations set forth in this Memorandum to the territories for whose international relations that Government is responsible.

ARTICLE XII
Withdrawal from Memorandum

1. A Contracting Party may at any time after having been a Contracting Party for not less than two (2) years by giving one (1) year's prior written notice addressed to the Secretary-General of the Forum withdraw from this Memorandum, provided that such Contracting Party shall before the expiration of the said one (1) year transfer its shares in the company to the remaining Contracting Parties jointly inter se by way of gift for no consideration.

2. The Secretary-General of the Forum shall immediately transmit to the Contracting Parties any notice of intention to withdraw which has been received by him and the date from which any such withdrawal will become effective.

ARTICLE XIII
Amendments to this Memorandum

1. This Memorandum may be amended at any time by the unanimous agreement of all the Contracting Parties. The text of any amendment proposed by a Contracting Party shall be submitted to the Secetary-General of the Forum who shall transmit it to all Contracting Parties within one (1) month.

2. If three (3) or more Contracting Parties request a meeting to discuss the proposed amendment, the Secretary-General of the Forum shall call a meeting of the Council, to be held within three (3) months of the date of such request.

3. If all the Contracting Parties agree to any proposed amendment, it shall then be open for ratification.

4. An amendment shall come into force when the Secretary-General of the Forum has received instruments of ratification in respect thereof from all Contracting Parties.

ARTICLE XIV
Appointment of Arbitrators in Case of Dispute

1. If at any time a dispute should arise between any of the Contracting Parties (including any former Contracting Parties) or between any of the Contracting Parties (as aforesaid) and the Line such dispute shall be submitted to arbitration by a tribunal of arbitrators.

2. Each party to a dispute shall appoint one (1) arbitrator, and the arbitrators so appointed shall appoint a further arbitrator who shall be Chairman.

3. If within thirty (30) days of the submission to arbitration any party to a dispute has not appointed an arbitrator or if within fifteen (15) days of the appointment of the arbitrators the further arbitrator to be the Chairman has not been appointed, any party to a dispute may request the; Secretary-General of the Forum to appoint an arbitrator or arbitrators as the case may be.

4. The procedure for the arbitration shall be fixed by the arbitrators provided that the Chairman shall decide on and settle all questions of procedure in case of any disagreement with respect thereto.

5. A majority vote of the arbitrators shall be sufficient to reach a decision which shall be final and binding upon the parties to a dispute, and in the event of an equality of votes the Chairman shall have a second or casting vote.

DONE at ???? this ##th day of MON ### in a single copy which shall remain deposited with the Forum which shall transmit certified copies to all signatories hereto.

For the Government of Australia and also as representatives for Norfolk Island:
this _____ day of ______, 20__

For the Government of Chile as representatives for Easter Island:
this _____ day of ______, 20__

For the Government of the Cook Islands:
this _____ day of ______, 20__

For the Government of the Federated States of Micronesia:
this _____ day of ______, 20__

For the Government of Fiji:
this _____ day of ______, 20__

For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna:
this _____ day of ______, 20__

For the Government of Kiribati:
this _____ day of ______, 20__

For the Government of Nauru:
this _____ day of ______, 20__

For the Government of New Zealand and also as representatives for Tokelau:
this _____ day of ______, 20__

For the Government of Niue:
this _____ day of ______, 20__

For the Government of Palau:
this _____ day of ______, 20__

For the Government of Papua New Guinea:
this _____ day of ______, 20__

For the Government of the Republic of the Marshall Islands:
this _____ day of ______, 20__

For the Government of Samoa:
this _____ day of ______, 20__

For the Government of Solomon Islands:
this _____ day of ______, 20__

For the Government of Tonga:
this _____ day of ______, 20__

For the Government of Tuvalu:
this _____ day of ______, 20__

For the Government of the United Kingdom as representatives for the Pitcairn Islands:
this _____ day of ______, 20__

For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands:
this _____ day of ______, 20__

For the Government of Vanuatu:
this _____ day of ______, 20__

SCHEDULE
SHIP EVALUATION FORMULA

The ship evaluation factor shall be:

A+B+C+D+E±F-G

Where:

'A' is a number calculated in rdation to the cargo bale space of the ship in cubic metres (m3) in accordance with the following:

Where m3 is 5000 or less: m3 / 1 1/2

Where m3 is over 5000 but not more than 8000: m3 / 2

Where m3 is 8001 or more: m3 / 2 1/2

'B' is a number calculated in relation to the speed of the ship in knots (s) and 'A' above in accordance with the following formula:

2A/100 x (s - 12 1/2)

'C' is determined as follows:

Where r is 50 m3 or less: C = 0 + 20q

Where r is over 50 m3 but not more than 100 m3: C = 100 + 20q

Where r is over 100 m but not more than 200 m3: C = 150 + 20q

Where r is 201 m3 or more: C = (X) + 20q

Where r is reefer space in m3 and q is the number of reefer plugs provided and X is reefer space rounded down to the nearest 100 m3 below.

'D' = (ha x 50) + (ho x 100)

Where ha is the number of open hatchways provided and ho the number of holds designed to accommodate containers.

'E' is a number calculated in relation to the cargo gear provided in a ship in the following manner:

For a ship which has:

(a) conventional gear and mechanical hatches ................. E = 100 + y

(b) automatic gear and conventional hatches ................... E = 100 + Y

(c) automatic gear and mechanical hatches ..................... E = 150 + Y

(d) side ports .................................................................. E = 150 + Y

Where Y is given only if the ship is equipped with gear suitable for handling containers; and Y = 250

'F' is a number calculated in relation to the deck cargo space available on the ship calculated in accordance with the following formula:

F = (d - 100)/2 + cl

Where d is the area of deck space in square metres on which the ship is permitted to carry deck cargo provided that each deck container permitted shall be calculated as if it were 10 m2, and, where cl is 50 if the ship is equipped with patent lashing equipment for the securing of containers (F may have a plus or minus value).

'G' is 150 in the case of a ship which is over 15 years of age.

THE PACIFIC ISLANDS CIVIL AVIATION SAFETY AND SECURITY TREATY

The Parties to this Treaty (hereinafter, "the Parties");

ACKNOWLEDGING the global basis of civil aviation encompassed by the Chicago Convention on International Civil Aviation and its related Protocols and Amendments, .

RECOGNISING the difficulties faced by individual States in discharging their obligations and responsibilities under the Chicago Convention on International Civil Aviation and its related Protocols and Amendments,

RECOGNISING the advantages to individual States of a standardised regional approach to civil aviation safety and security regulatory oversight,

CONFIRMING the decision of the South Pacific Forum Aviation Ministers to establish a cooperative and regionally based safety and security regulatory organisation to meet the needs of Pacific Island States,

DESIRING to ensure the highest degree of safety and security in air transport and reaffirming the grave concern about acts or threats against the security of aircraft expressed by South Pacific Forum Aviation Ministers,

Have agreed as follows:

ARTICLE 1 - DEFINITIONS

For the purposes of this Treaty, unless otherwise stated, the term:

(a) "Constitution" means the Constitution of the Pacific Aviation Safety Office which provides direction to the Council and staff of the Pacific Aviation Safety Office;

(b) "Convention" means:

(i) the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944, including:
(a) any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by all Parties to this Treaty,
(b) any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for all Parties to this Treaty, and

(ii) other Conventions and Protocols relating to civil aviation, and in particular to security;

(c) "Council" means the Council of Directors of the Pacific Aviation Safety Office, comprising the Parties' authorised representatives which provide policy direction for the Pacific Aviation Safety Office; and representatives from other organisations;

(d) "Forum Island Countries" means the Pacific Island members of the South Pacific Forum;

(e) "Inspector" means a person appointed or recruited by the Pacific Aviation Safety Office to undertake inspection duties;

(f) "South Pacific Forum members" means Forum Island Countries, Australia and New Zealand;

(g) "Pacific Aviation Safety Office, PASO" means the non-profit organisation incorporated to provide aviation safety and security regulatory oversight advice to those Parties seeking services;

(h) "Party" means any State which has signed and ratified, or acceded to, the Treaty once it has entered into force;

(i) "Requested level of service provision" means the classification of services to be provided by the PASO, that have been agreed and that are included in an agreement between a Party to this Treaty and the PASO;

(j) "Safety" means a combination of measures and directions intended to provide appropriate standards for civil aviation including the requirements of Annexes 1, 6, 8 and 14 to the Convention and related documentation;

(k) "Secretary General" means the Secretary General of the South Pacific Forum Secretariat;

(l) "Security" means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference including the requirements of Annex 17 to the Convention and related documentation;

(m) "Treaty" means this Treaty, and any amendments thereto.

ARTICLE 2 - SOVEREIGNTY

The Parties recognise that each Party has complete and exclusive sovereignty over its airspace and responsibility for aviation safety and security regulatory oversight within its territory.

ARTICLE 3 - REGIONAL AND COLLABORATIVE BASIS

Without prejudice to Article 2 and consistent with the rights and obligations of the Parties under international law, the Parties agree that the following obligations for the regulatory oversight of civil aviation under the Convention will be met in a regional and collaborative manner:

(i) Airworthiness,

(ii) Flight Operations,

(iii) Airports,

(iv) Security, and

(v) Personnel licensing for these subjects.

ARTICLE 4 - THE MECHANISM FOR REGIONAL COLLABORATION

1. The Parties agree that the mechanism used to meet the obligations in Article 3, will be the establishment of a centralised technical advisory organisation known as the Pacific Aviation Safety Office (PASO). The Pacific Aviation Safety Office shall function in accordance with the provisions of this Treaty, the Constitution of the Pacific Aviation Safety Office and other directions provided by the Council of Directors of the Pacific Aviation Safety Office.

2. The Pacific Aviation Safety Office shall provide to any Party as requested by that Party, advice and technical assistance on matters related to the regulatory oversight of civil aviation safety and security of that Party.

3. The Pacific Aviation Safety Office shall have international legal personality and such legal capacity as may be necessary to carry out its functions. The privileges and immunities which the Pacific Aviation Safety Office shall enjoy in the territory of a Party are only those as defined in Article 8 unless there is in place a separate agreement between the Council and the Party concerned.

ARTICLE 5 - RESPONSIBILITIES OF PARTIES

The Parties shall:

(a) retain at all times full responsibility for all matters related to aviation safety and security in their respective territories;

(b) support the will and intent of this Treaty by directing the Pacific Aviation Safety Office through membership of the Council;

(c) meet their annual financial contribution as set by the Council;

(d) for those Parties requesting services from PASO, institute and maintain an aviation safety and security legislative framework in a standardised and consistent manner;

(e) review and respond to, and act appropriately upon such reports and recommendations, as the Pacific Aviation Safety Office may provide, to fully meet intemational obligations;

(f) ensure that any fees charged by the Pacific Aviation Safety Office to recover costs for the provision of services are reimbursed in a timely manner;

(g) respond positively and in a timely manner to requests for information or data submitted by the Pacific Aviation Safety Office through that Party's authorised representative on the Council; and

(h) from time to time notify the Council and other Parties of any change in their requested level of service provision by the Pacific Aviation Safety Office.

ARTICLE 6 - THE PACIFIC AVIATION SAFETY OFFICE COUNCIL OF DIRECTORS

1. The Pacific Aviation Safety Office Council of Directors shall consist of representatives of the Parties and representatives of such other organisations as may be decided by the Council and detailed in the Constitution.

2. The objective of the Pacific Aviation Safety Office Council of Directors is to support the mission of the Pacific Aviation Safety Office to inculcate an aviation safety and security culture in the Pacific.

3. The functions of the Council shall be to:

(a) appoint the General Manager of the Pacific Aviation Safety Office;

(b) provide policy and strategic direction to the Pacific Aviation Safety Office;

(c) abide by, and from time to time review the adequacy and appropriateness of, the Constitution of the Pacific Aviation Safety Office and amend as required;

(d) adopt rules of procedures and financial regulations, including in relation to annual and service fees, and other administrative regulations as may be required to amplify the Constitution of the Pacific Aviation Safety Office;

(e) consider and approve the proposed annual budgets, work programmes, fee structures and staffing levels of the Pacific Aviation Safety Office;

(f) receive, examine, comment on and release the annual report of the General Manager of the Pacific Aviation Safety Office; and

(g) appoint financial auditors and receive their reports annually.

4. The Council shall appoint a Chair for a tenure of twelve months. The Chair may exercise a vote in Council decisions.

5. The Council shall hold a meeting at least once each calendar year. The Council may meet at anytime during the year following the agreement of one half or more of the Parties.

6. Generally, decisions in Council shall be by consensus, however, if all efforts to reach a decision by consensus have been exhausted then decisions will be undertaken by open vote requiring a two thirds majority of Parties present and voting. Consideration may be given in the Constitution to the use of written proxy authorities.

7. The Council shall determine a type of membership of representation other than Parties.

ARTICLE 7 - FUNCTIONS OF THE PACIFIC AVIATION SAFETY OFFICE

1. Subject to the directions of Council and the Constitution, the functions of the Pacific Aviation Safety Office shall be to:

(a) conduct aviation safety and security regulatory tasks as requested by, and agreed with, any Party;

(b) provide any Party upon request with advice and technical assistance relating to the regulatory oversight of civil aviation safety and security by that Party, using as a basis the standardised rules and procedures under that Party's legislative frameworks;

(c) provide an annual work plan showing anticipated activities;

(d) prepare an annual budget and annual report;

(e) maintain records concerning aviation safety and security; and

(f) provide any Party that has requested advice and technical assistance with applicable copies of reports, findings of non-compliance and recommendations for rectification;

2. The Pacific Aviation Safety Office shall report to the Council on a regular basis on the implementation of the work plan, commitments, and any indications of unsafe incidents or trends in civil aviation safety and security.

ARTICLE 8 - AUTHORISATION

1. Inspectors shall be authorised by a Party to conduct surveillance, data gathering and other activities for the purposes of facilitating advice to that Party as required for appropriate regulatory oversight.

2. Inspectors shall, when carrying out their duties on behalf of a Party, be deemed to be officers of the civil aviation administration of that Party, and shall attract rights, privileges and responsibilities no less favourable than those granted to civil aviation officers of that Party.

3. The Parties shall indemnify Inspectors from any pertinent legal suit arising out of the appropriate performance of their duties.

ARTICLE 9 - SETTLEMENT OF DISPUTES

1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this Treaty, the Parties concerned shall seek a settlement of the dispute through negotiation, mediation or any other peaceful means of their own choice.

2. If any dispute between the Parties cannot be settled by negotiation, mediation or such other peaceful means of their own choice, any Party to the dispute may seek a decision from the Council. The decision of the Council shall be final and binding on the Parties.

ARTICLE 10 - SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL

1. This Treaty shall be open for signature by South Pacific Forum members and shall remain open for signature indefinitely from the ##th day of MONTH two thousand and four.

2. Instruments of accession or approval shall be deposited with the Depositary.

3. Each Party shall be a member of the Council.

ARTICLE 11 - ACCESSION

1. After the entry into force of this Treaty, any South Pacific Forum member who has not signed the Treaty on the date on which it was opened for signature, may accede to the Treaty upon deposit of an instrument of accession to the Depositary.

2. After the entry into force of this Treaty, the Parties may, by 2/3 majority, invite other States who are not South Pacific Forum Members to accede to this Treaty.

3. For each State which accedes to the Treaty after the entry into force of the Treaty, this Treaty shall enter into force on the thirtieth day following the deposit of its instrument of accession.

ARTICLE 12 - ENTRY INTO FORCE

1. This Treaty shall enter into force thirty days after the third signature on the Treaty.

2. If there are less than three signatories after the twelve month period from the date this Treaty is opened for signature, this Treaty shall enter into force thirty days after the deposit by the third State of its instrument of accession. Such State shall be inclusive of those States who have signed the Treaty.

ARTICLE 13 - AMENDMENT

1. Any Party may propose amendments to this Treaty by a written communication addressed to the Depositary. The depositary shall promptly circulate the proposal to all Parties.

2. Discussion in Council will be the normal method of progressing amendments however the Parties may notify the Depositary in writing of acceptance of the amendment.

3. Amendments to this Treaty shall enter into force thirty days following notification by the Party which provides a two thirds majority by its acceptance of the amendment.

ARTICLE 14 - WITHDRAWAL

A Party may withdraw from this Treaty by giving written notice of withdrawal to the Depositary. The withdrawal shall be effective twelve months after receipt of the notice by the Depositary, unless the Party withdraws its notice by written communication to the Depositary prior to the end of the twelve months period.

ARTICLE 15 - DEPOSITARY

The Secretary General of the South Pacific Forum Secretariat shall be the Depositary of this Treaty and any amendment or revisions thereto. The Depositary shall register this Convention with the Secretary-General of the Global Assembly.

IN WITNESS THEREOF, the undersigned, duly authorised thereto by their respective Governments, have signed this Treaty.

DONE at ???? this ##th day of MONTH two thousand and four in a single original in the English language.

For the Government of Australia and also as representatives for Norfolk Island:
this _____ day of ______, 20__

For the Government of Chile as representatives for Easter Island:
this _____ day of ______, 20__

For the Government of the Cook Islands:
this _____ day of ______, 20__

For the Government of the Federated States of Micronesia:
this _____ day of ______, 20__

For the Government of Fiji:
this _____ day of ______, 20__

For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna:
this _____ day of ______, 20__

For the Government of Kiribati:
this _____ day of ______, 20__

For the Government of Nauru:
this _____ day of ______, 20__

For the Government of New Zealand and also as representatives for Tokelau:
this _____ day of ______, 20__

For the Government of Niue:
this _____ day of ______, 20__

For the Government of Palau:
this _____ day of ______, 20__

For the Government of Papua New Guinea:
this _____ day of ______, 20__

For the Government of the Republic of the Marshall Islands:
this _____ day of ______, 20__

For the Government of Samoa:
this _____ day of ______, 20__

For the Government of Solomon Islands:
this _____ day of ______, 20__

For the Government of Tonga:
this _____ day of ______, 20__

For the Government of Tuvalu:
this _____ day of ______, 20__

For the Government of the United Kingdom as representatives for the Pitcairn Islands:
this _____ day of ______, 20__

For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands:
this _____ day of ______, 20__

For the Government of Vanuatu:
this _____ day of ______, 20__

CONSTITUTION OF THE SOUTH PACIFIC TOURISM ORGANISATION

THE GOVERNMENTS COMPRISING THE SOUTH PACIFIC FORUM;

RECOGNISING the importance of the tourism sector for the promotion of the sustainable development of the region and all of its people;

RECOGNISING ALSO the advantages to be derived from regional co-operation in the promotion of tourism activities;

RECOGNISING ALSO the need to safeguard and to promote the cultural identities within the region;

RECALLING the establishment of the South Pacific Tourism Organisation as a vehicle for development island nations and territories to promote regional co-operation in the tourism sector;

DESIRING to continue their co-operation in the development of tourism in the South Pacific, including Melanesia, Micronesia and Polynesia.

WISHING to continue that co-operation through South Pacific Tourism Organisation as an established inter-governmental regional Organisation;

HAVE AGREED AND ADOPTED THIS CONSTITUTION as follows:

Article I
South Pacific Tourism Organisation

1. This constitution shall be the constitution of the South Pacific Tourism Organisation (‘the SPTO’) as from the date of its entry into force pursuant to article XIII below.

2. The SPTO shall compromise the Council of Ministers of Tourism (‘the Council’), the Board of Directors (‘the Board’), the SPTO Management (‘the Management), and the SPTO Members being defined in article III.

3. The management shall be located in Suva, Fiji unless the Council decides otherwise to aforesaid, suitable office accommodation shall be provided free by the host government.

4. English shall be the working language of the SPTO, including the deliberations of the Annual General Meetings, the Council, the Board, the Management and such committees as may be established from time to time.

Article II
Purpose and objectives of the SPTO

1. The Purpose of SPTO shall be to promote, facilitate, undertake, co-ordinate, advise and co-operate in tourism-related activities for the lasting benefit of all SPTO Members and peoples of the South Pacific, compromising Melanesia, Micronesia and Polynesia.

2. The Objectives of the SPTO shall be to:

(a) strengthen regional co-operation in tourism development;

(b) optimise the contribution of tourism to sustainable development of the SPTO region;

(c) stimulate international awareness of the SPTO region and promote tourism to the region;

(d) enhance through tourism activities the human, economic, natural and other resources of the SPTO region; and

(e) increase creative capacities and promote cultural identities within the SPTO region.

Article III
Membership

1. SPTO Members shall consist of Government Members, Tourism Industry Members and Associated Members.

2. Government Members of SPTO shall consist of:

(a) Governments which have acceded to or signed this Constitution and listed in the signatures to this constitution

(b) Any other government of an independent or freely associated state or entity whose application has been approved by the Council and which has accepted this Constitution pursuant to article XIII below; and

(c) Any other territorial Government whose application has been approved by the Council, which has the competence to exercise the rights and to assume the obligations of a member and which has accepted this Constitution pursuant to Article VIII below.

3. Tourism Industry Members of the SPTO shall consist of international, regional and national organisations, companies and individuals;

(a) who are active in tourism sector in the South Pacific; and

(b) who have the ability and willingness to contribute to the aims and objectives of the SPTO ; and

(c) who, to the satisfaction of the Chief Executive, meet the criteria for membership as authorised by the Board; and

(d) whose membership has been approved by the Chief Executive.

4.

(a) Associate Members of SPTO shall consist of government or entities of the SPTO pursuant to clause 2 of this Article but whose applications for associate membership have been approved by the Council.

(b) Associate members may attend Annual general Meetings as observers without the right to vote or address the meetings, unless otherwise decided by the Chairman of any such meetings

5.

(a) Tourism Industry and Associate Members of the SPTO may attend meetings of the Council, the Board and such committees as may from time to time be established, as observers without the right to vote or address the meetings, unless otherwise decided by the Chairman of any such meetings.

(b) Tourism Industry and Associate members may also participate in SPTO activities, subject to such conditions as the Council or the Board may from time to time prescribe.

6.

(a) The rights and entitlements of SPTO Members pursuant to this Constitution shall be subject to such members being up-to-date in their membership contributions

(b) The Council, may on the recommendation of the Board, suspend the rights and entitlements of any Government or Associate Members whose annual contribution is not up-to-date, or cancel the membership of any Government member and Associate member whose annual contribution is two or more years in arrears.

(c) The Management may suspend the rights and entitlement of any Tourism Industry member whose annual contribution is not up-to-date, or cancel the membership of any Tourism Industry Member whose annual contribution is one or more years in arrears.

7.

(a) The Council may suspend or cancel membership of any Government member or associate member where, in the opinion of the Council, such member is unable or willing to contribute to the aims and objectives of the SPTO

(b) The Chief Executive may suspend or cancel membership of any Tourism Industry Member where, in the opinion of the Chief Executive, such member is unable or unwilling to contribute to the aims and objectives of the SPTO.

Article IV
Council of Ministers of Tourism

1. Each Government Member shall be a member of the Council and shall nominate a Ministerial or other authorised person to be its representative on the Council.

2. The Council’s functions and responsibilities shall include:

(a) monitoring and reviewing SPTO policies, strategies, activities, work programmes and budgets and providing comments, recommendations and guidance on same; and

(b) using its best endeavours to secure funding from donors for the activities of the SPTO.

3.

(a) The Council shall meet at least once every 18months to coincide with the approval of core and work programme budgets, and other policy matter of SPTO.

(b) The Council may convene special meetings for such purposes as may be agreed to by not less than one-half of the Council members who shall notify the Chief Executive of the wish to hold such meetings prior to the holding of such meetings

(c) Council meetings shall be held by such venues and in accordance with such procedures as the Council may from time to time determine.

4. Council members shall notify the Chief Executive of its representatives to any Council meetings not less than five working days prior to the commencement of the meeting.

5. At the commencement of each Council meeting, there shall be elected a chair.

6. The Quorum for Council meetings shall be at least one-half on the total number of Council numbers.

7.

(a) Except with the consent of all Council members, notice of less than 28 days shall be given by the Chief Executive to the Council Members of Council meetings and Council Members shall be briefed with meeting documents and matters to be raised, discussed and voted on at the meeting not less than 21 days prior to the meeting.

(b) Matters which the Council members have not been briefed may be raised, discussed and voted on at Council meetings provided the majority of Council members present and voting agree to discuss and vote such matters.

8. All matters raised at Council meetings shall be decided wherever possible by Consensus or, if necessary and unless otherwise provided for in this constitution, by a majority of the representatives present and voting.

Each Council member shall have one vote and in the event of a tied vote, the Chair shall have the casting vote.

Article V
Annual General Meeting of SPTO Members

1.

(a) The SPTO members shall meet annually at an Annual General Meeting which is to be soon practicable after the second meeting of the Board referred to in clause 4 (a), Article VI.

(b) The Annual General Meeting shall be chaired by the Chair of the Board.

(c) Each SPTO member shall notify the Chief Executive of its representative to the meeting not less than five working days prior to the commencement of the meeting.

2. The Board or its representative shall, at the meeting, report on:

(a) the policies, strategies, activities, work programmes and budget of the SPTO since the last meeting;

(b) the current proposed policies, strategies, activities, work programmes and budget of the SPTO;

(c) the Auditors report;

(d) any special business for discussion and comments by the SPTO Members, subject to clause 4(b), Article III.

3. Subject to clause 4(b), Article III:

(a) all matters to be decided at the meeting shall be decided wherever possible by consensus or, if consensus cannot be reached, by majority of SPTO members present and voting or as provided for in this Constitution and in the event of a tied vote the Chair shall the casting vote;

(b) each SPTO Member or proxy shall have the right to vote at the meeting on any matter put to vote;

(c) any matter in respect of clause 29 (b) of this article which is put to vote at the meeting shall require the approval of majority of SPTO members and the majority of Government Members and where there is no approval from the majority of Government members then the approval of three-quarters of the SPTO Members is required and in the event of a tied vote the Chair shall have the casting vote.

4. The first meeting shall be held at such venue and in accordance with such procedures as the Board may determine and as the SPTO Members may determine thereafter.

5. The Chair of each meeting shall be the Chair of the Board.

6. The Quorum for meetings shall be one half of the total SPTO members of which six must be government members, or such other number of members in the Annual General meeting may in its absolute discretion determine.

7. Each SPTO Member may appoint a proxy.

The instrument appointing a proxy shall be writing under the hand of the appointer or his or her attorney authorized in writing, or if the appointer is a corporation, either under seal or under the hand of a duly authorized officer or attorney duly authorised

The instrument appointing a proxy shall be authorised at the office of the management title ‘Appointment if Proxy’ and marked to the attention of the Chief Executive not less than three working days prior to the commencement of the meeting.

The instrument appointing a proxy shall be in as near as possible to the following form:

“I/we (name of member) or (address) being a Government/Travel Industry member of the South Pacific Tourism Organisation hereby appoint (name of proxy) of (address of proxy) as my/our proxy to vote for me/us on my/our behalf at the Annual General Meeting for the South Pacific Tourism Organisation to beheld on (date of AGM).

Signed this (date)

……………………..

“Name/Tile or Position”

A vote given in terms of an instrument of proxy shall be valid.

8.

(a) Notice of not less than 28 days shall be given by the Chief Executive to SPTO members of meetings and SPTO members shall be briefed with meeting documents and matters to be raised, discussed and voted on at the meeting not less than 21days prior to the meeting.

(b) matters with which the SPTO Members have not been briefed may be raised, discussed and voted on at the meeting provided the majority of SPTO Members present and voting agree to discuss and vote on such matters.

Article VI
Board of Directors

1.

(a) Government Members shall each appoint one Director to the Board of Directors on the recommendation of their respective boards of national tourism organisations or, where there is no national tourism organisation, on the recommendation of the Ministry responsible for Tourism.

(b) Each appointment shall be a term of 3 years.

2.

(a) Tourism Industry members whose principal places of business are within the Government member countries shall appoint five directors to the Board on the basis as outlined hereunder.

(b) The Tourism Industry members within each Government Member Country shall elect one person from amongst them. The elections are to be supervised by the national tourism organisations or responsible Ministries of the respective Government member countries.

(c) The persons elected shall then stand for election of the SPTO board.

(d) The SPTO shall supervise the election of five of those persons and such elections shall be fair and transparent.

(e) The elected persons shall be appointed to the SPTO Board for a term of three years.

3.

(a) Tourism Industry Members whose principal places of business are outside Government member countries shall elect and appoint one Director to the Board.

(b) The SPTO shall supervise the lection of such person and such election shall be fair and transparent.

(c) The elected person shall be appointed to the SPTO Board for a term of three years.

4.

(a) The Board shall meet once during the first half and once during the second half of the year.

(b) The Board may convene special meetings for such purpose as may be agreed to by not less than five directors, two of whom shall be Directors appointed by the Government Members and whom shall be the Chair of the Board, who shall notify the Chief Executive of the wish to hold such special meetings prior to the holding of such meetings.

(c) Board meetings shall be held at such venues and in accordance with such procedures as the Board meet from time to time determine.

5.

(a) The Board shall elect a Chair and deputy Chair at its first meeting.

(b) Elections for the positions of Chair and deputy Chair shall take place annually and the incumbent chair shall be eligible for e-lection.

6. The quorum for Board meetings shall be nine Directors and shall be inclusive of 5 Directors appointed by Government members and the Chair in the event the Chair cannot attend, the Deputy Chair.

7.

(a) Except with the consent of all Directors, notice of not less than 28 days shall be given by the Chief Executive to the Directors of meetings of the type referred to in clause 4(a) of this Article and Directors shall be briefed with meeting documents and matters to be raised, discussed and voted on at the meeting not less than 21 days prior to the meeting.

(b) matters with which the Directors have not been briefed may be raised, discussed and voted on at such meetings provided the majority of Directors present and voting agree to discuss and vote on such matters.

8.

(a) Except with the consent of all Directors, notice of not less than 21 days shall be given by the Chief Executive to the Directors of meetings of the type referred to in clause 4(b) of this article and Directors shall be briefed with meeting documents and matters to be raised, discussed and voted on at the meeting not less than 21 days prior to the meeting.

(b) matters with which the Directors have not been briefed may be raised, discussed and voted on at such meetings provided the majority of Directors present and voting agree to discuss and vote on such matters.

9.

(a) All matters raised at Board meetings shall be decided wherever possible by consensus or, if necessary and unless otherwise provided for in this Constitution by a majority of the Directors present and voting.

(b) Each member on the Board shall have one vote and in the event of a tied vote, the Chair shall have the casting vote.

10. The Board may invite representatives of Governments, international agencies, academic and research organisations, foundations and industry professionals, not being SPTO members to attend specific meetings or sessions of the meetings of the Board, in a consultative capacity, or otherwise, but such persons shall not have the right to vote.

Article VII
Functions of the Board

1. The functions, powers and responsibilities of the Board shall be to:

(a) Approve and monitor policies, strategies, activities and work programmes of the SPTO and to submit these to the SPTO Members annually;

(b) approve and monitor budgets for the operations of the SPTO and the implementation of the SPTO’s work programmes and to submit these to the SPTO Members annually;

(c) approve and monitor membership fee structure for the next financial year and to submit this to SPTO members annually;

(d) regularly monitor the work undertaken by the SPTO;

(e) approve the annual report to be submitted by the Chief Executive to the SPTO Members annually;

(f) approve and monitor the terms and conditions of the employment of staff;

(g) approve and monitor operating rules, procedures and regulations on financial and administrative matters of SPTO;

(h) appoint committees to advise the Divisions of the SPTO in the implementation of work programmes and for any other matters as may be requested by management;

(i) consider any other matters that may be referred to it by Management;

(j) report to the Council once every 18 months on the activities, work programmes and budget and financial position of the SPTO;

(k) submit an other matters for adoption by the Council.

Article VIII
SPTO Management

1. The Management shall compromise the Chief Executive, the Deputy Chief Executive and such technical and administrative staff as may be appointed by the Chief Executive and in accordance with the establishment and salary policy and scales approved by the Board.

2.

(a) the division managers shall be appointed by a Committee compromised of a Director appointed by the Board, the Chief Executive and the Deputy Chief executive.

(b) The procedure by which the Committee shall select and appoint the Division managers shall be a matter for the Committee and shall be just fair and transparent.

3.

(a) The technical and administrative staff shall be appointed by the chief Executive on the recommendation of a Committee compromising the Deputy Chief Executive and the Division managers.

(b) The procedure which the Committee shall select and recommend such staff shall be a matter for the Committee and shall be just, fair and transparent.

4. The terms and conditions of employment of the Division managers and technical and administrative staff shall be a matter for the Chief Executive with the concurrence of the Board.

Article IX
Appointment and functions of the Chief Executive and Deputy Chief Executive

1.

(a) The Chief Executive shall be appointment by a Committed by the Board compromising the Chair of the Board and two other Directors.

(b) The procedure which the Committee shall select and appoint the Chief Executive shall be a matter for the committee and shall be just, fair and transparent.

(c) The Chief Executive shall be appointed on terms and conditions as the Board may decide.

2.

(a) The Deputy Chief Executive shall be appointed by a committee appointed by the Board and compromising the Chair of the Board, two other Directors and the Chief Executive.

(b) The procedure which the Committee shall select and appoint the Deputy Chief Executive shall be a matter for the Committee and shall be fair, just and transparent.

(c) The Deputy Chief Executive shall be appointed on terms and conditions as the Board may decide.

3. The Chief Executives shall be responsible to the Board for the performance of his or her functions.

4. The functions of the Chief Executive shall be to:

(a) act as a Secretary to the Council, the Board and such Committees or working groups as may be established by either the Council or Board.

(b) have overall responsibility for the administration and management of the policies, strategies, work programmes and budget and other activities of the SPTO

(c) report to the Council as to policies, strategies, work programmes and budgets of the SPTO at meetings referred to in paragraph 3 (a), Article IV and as otherwise required by the Council.

(d) report to the Annual general meeting of SPTO Members as required pursuant to clause 2, Article V;

(e) provide a progress report on the activities of the SPTO at Board meetings referred to at clause 4 (a), Article VI, which are held in the first half of the year;

(f) prepare an annual report and work plan for remaining and coming year encompassing the policies strategies, work programmes, budgets and other activities of the SPTO at Board meetings referred to at clause 4 (a), Article VI, which are held in the second half of the year;

(g) report to the Board as otherwise required by the Board.

(h) appoint staff to the management as provided for in this constitution.

(i) liase with and make recommendations to the Board in respect of any changes relating to the administration, management, budget and structure of the SPTO, its programmes and activities;

(j) carry out such other functions as described in this Constitution and as the Council and Board may decide.

5. The Deputy Chief Executive shall report to the Chief Executive and his or her functions shall be to assist the Chief Executive in his or her duties and carry out such other functions as described in this Constitution and as the Board or Chief Executive may decide.

Article X
Functions of the SPTO Management

1. Subject to the direction of the Council and the Board, the functions of the management shall be to:

(a) assist Government member with national tourism planning and development activities, including policy formulation, investment proposal evaluation and project identification, preparation and evaluation;

(b) prepare and implement regional tourism marketing and communications activities and assist members in the preparation of national marketing policies, strategies and promotional programmes;

(c) compile and distribute on a regular basis up-to-date, quality tourism statistical data and advise Government members on and assist with national tourism statistical activities;

(d) formulate and implement regional human resource development programmes in the tourism sector and advise government members on and assist with national programmes;

(e) provide technical and development assistance in tourism-related activities to Government members;

(f) co-operate with and assist associate members as may from time to time be authorised by the Council or the Board ; and

(g) carry out such other functions, tasks, responsibilities as described in this constitution and as the Council, Board or Chief Executive may decide.

Article XI
Resource and Budget

1. The financial resources of the SPTO shall compromise:

(a) the contributions made by Government members, travel industry members and Associate members;

(b) monies received from national and international organisations.

(c) other funds or monies received by the SPTO.

2. The SPTO may also receive contributions of non-financial nature.

3. The Chief Executive shall prepare the annual budget and corporate plan of the SPTO for approval by the board pursuant to clause 1 (b), Article VII.

4. The Board shall adopt financial regulations for the administration of the SPTO and such regulations may authorise the SPTO to accept contributions, financial or otherwise, from private and public sources.

5. The Board shall, on the recommendation of the Chief Executive, appoint an auditor to audit the finances of the SPTO and to assist in keeping proper functional accounts.

6. The financial year of the SPTO shall be the calendar year.

Article XII
Legal Status, Privileges and Immunities

1. The SPTO shall have legal personality as it is necessary for it to carry out its functions and responsibilities and, in particular, shall have the capacity to contract, to acquire and dispose of moveable and immoveable property and to sue and be sued.

2. The SPTO its officers and employees, together with representatives to the SPTO meetings, shall enjoy such privileges and immunities necessary for the fulfillment of their functions, as may be agreed between the SPTO and the member in whose territory the Management is located, and as may be provided by other Government members and Associate Members.

3. All non-Fijian staff shall be exempted from taxes with respect to salaries received from SPTO. They shall be accorded exemption from taxes on furniture and effects imported at the time of their first taking up their posts.

Article XIII
Signature, Acceptance, Entry into Force and Withdrawal

1. Subject to the following provisions, this constitution shall be open to the Government Members of the SPTO listed hereto for signature or acceptance.

2. Members of the SPTO referred to in clause 1 of this Article may become parties to this constitution by:

(a) signature without reservations as to approval; or

(b) signature subject to approval followed by acceptance; or

(c) acceptance.

3. Acceptance of this constitution shall be affected by deposit of a normal Instrument of Acceptance with the Government of Australia, which shall be the Depositary.

4. This constitution shall enter into force thirty days after three members have become parties to it pursuant clauses 1 to 3 of this Article.

5. Other Governments may, with the approval of the Council pursuant to Article III of this constitution, become a party to this constitution by depositing the Instrument of Acceptance with Depositary.

6. For Governments becoming a party to this constitution after its entry into force, the constitution shall enter into force for the government thirty days after either the date of its signature of the Constitution without reservation as to approval or the date of deposit of its Instrument of Acceptance.

7. Any Government Member may denounce this Constitution by notification addressed to the Depositary and such denunciation shall take effect one year after the date upon which Depositary received the notification.

8. A Government denouncing this Constitution shall remain liable for all obligations to the SPTO to which it was subject at the date of receipt by the Depositary of the denunciation notice. If the denunciation becomes finally effective, the SPTO member shall not incur any liability for obligations resulting from operations of the Government member effected after the date on which the denunciation notice was received by the depositary.

9. The original of this constitution shall be deposited with Government of the Commonwealth of Australia which shall transmit certified copies thereof to all member Governments and the Chief Executive and shall register this Agreement with the Secretary-General of the Global Assembly.

Article XIV
Reservations, Amendments and Revocation

1. Reservations to this constitution shall not be permitted.

2. Subject to clause 3 of this Article, this Constitution maybe emended or revoked by the Council at any meeting of the Council and with the approval of not less that two-thirds of the Council members present and voting.

3. Any proposal to amend provisions of this Constitution relating to the Budget and financial obligations of SPTO members shall require approval of the Board by consensus.

4. Any amendment or the revocation of the Constitution shall take effect thirty days after the date of approval by the Council of the amendment or revocation.

Article XV
Dissolution of the SPTO

1. Subject to clause 4 (b), Article II, the Council mat at any meeting held pursuant to clause 3 (a), Article IV, or at any special meeting, resolve by not less than three quarters of the Council members present and voting that the SPTO shall be dissolved.

2. The resolution adopted pursuant to clause I of this article shall take effect after the next meeting of the Council, provided that it has been ratified at that meeting by not less than two-thirds of the members entitled to vote.

3. The Council shall decide that manner in which the assets and obligations of the SPTO should be liquidated prior to the dissolution of the SPTO.

CONCLUDED AT ????, ???? this ##th day of MON in the year ####.

For the Government of Australia and also as representatives for Norfolk Island:
this _____ day of ______, 20__

For the Government of Chile as representatives for Easter Island:
this _____ day of ______, 20__

For the Government of the Cook Islands:
this _____ day of ______, 20__

For the Government of the Federated States of Micronesia:
this _____ day of ______, 20__

For the Government of Fiji:
this _____ day of ______, 20__

For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna:
this _____ day of ______, 20__

For the Government of Kiribati:
this _____ day of ______, 20__

For the Government of Nauru:
this _____ day of ______, 20__

For the Government of New Zealand and also as representatives for Tokelau:
this _____ day of ______, 20__

For the Government of Niue:
this _____ day of ______, 20__

For the Government of Palau:
this _____ day of ______, 20__

For the Government of Papua New Guinea:
this _____ day of ______, 20__

For the Government of the Republic of the Marshall Islands:
this _____ day of ______, 20__

For the Government of Samoa:
this _____ day of ______, 20__

For the Government of Solomon Islands:
this _____ day of ______, 20__

For the Government of Tonga:
this _____ day of ______, 20__

For the Government of Tuvalu:
this _____ day of ______, 20__

For the Government of the United Kingdom as representatives for the Pitcairn Islands:
this _____ day of ______, 20__

For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands:
this _____ day of ______, 20__

For the Government of Vanuatu:
this _____ day of ______, 20__

AGREEMENT ESTABLISHING THE SOUTH PACIFIC REGIONAL ENVIRONMENT PROGRAMME (SPREP)

THE PARTIES,

RECOGNISING the importance of protecting the environment and conserving the natural resources of the South Pacific region;

CONSCIOUS of their responsibility to preserve their natural heritage for the benefit and enjoyment of present and future generations and their role as custodians of natural resources of global importance;

RECOGNISING the special hydrological, geological, atmospheric and ecological characteristics of the region which require special care and responsible management;

SEEKING TO ENSURE that resource development takes proper account of the need to protect and preserve the unique environmental values of the region and of the principles of sustainable development;

RECOGNISING the need for co-operation within the region and with competent international, regional and sub-regional organisations in order to ensure coordination and co-operation in efforts to protect the environment and use the natural resources of the region on a sustainable basis;

WISHING TO ESTABLISH a comprehensive Programme to assist the region in maintaining and improving its environment and to act as the central coordinating point for environmental protection measures within the region;

DESIRING TO ACCORD the South Pacific Regional Environment Programme the full and formal legal status necessary to operate as an autonomous body, to manage fully its own affairs and to provide the basis for the continued operation of SPREP in accordance with the traditions of cooperation in the region;

HAVE AGREED AS FOLLOWS:

Article 1
Establishment of SPREP

1. The South Pacific Regional Environment Programme (hereinafter referred to as SPREP) is hereby established as an intergovernmental organisation.

2. The organs of SPREP are the SPREP Meeting and the Secretariat.

3. The Secretariat shall be located in Apia, Samoa, unless the SPREP Meeting decides otherwise.

Article 2
Purposes

1. The purposes of SPREP are to promote co-operation in the South Pacific region and to provide assistance in order to protect and improve its environment and to ensure sustainable development for present and future generations. SPREP shall achieve these purposes through the Action Plan adopted from time to time by the SPREP Meeting, setting the strategies and objectives of SPREP.

2. The Action Plan shall include:

(a) co-ordinating regional activities addressing the environment;

(b) monitoring and assessing the state of the environment in the region including the impacts of human activities on the ecosystems of the region and encouraging development undertaken to be directed towards maintaining or enhancing environmental qualities;

(c) promoting and developing programmes, including research programmes, to protect the atmosphere and terrestrial, freshwater, coastal and marine ecosystems and species, while ensuring ecologically sustainable utilisation of resources;

(d) reducing, through prevention and management, atmospheric, land based, freshwater and marine pollution;

(e) strengthening national and regional capabilities and institutional arrangements;

(f) increasing and improving training, educational and public awareness activities; and

(g) promoting integrated legal, planning and management mechanisms.

Article 3
SPREP Meetings

1. The SPREP Meeting shall be open to the Membership of the Parties to this Agreement and, with the appropriate authorisation of the Party having responsibility for its international affairs, of each of the following:

American Samoa

French Polynesia

Guam

New Caledonia

Northern Mariana Islands

Tokelau

Wallis and Futuna

2. The SPREP Meeting shall be held at such times as the SPREP Meeting may determine. A special SPREP Meeting may be held at any time as provided in the Rules of Procedure.

3. The SPREP Meeting shall be the plenary body and its functions shall be:

(a) to provide a forum for Members to consult on matters of common concern with regard to the protection and improvement of the environment of the South Pacific region and, in particular, to further the purposes of SPREP;

(b) to approve and review the Action Plan for SPREP and to determine the general policies of SPREP;

(c) to adopt the report of the Director on the operation of SPREP;

(d) to adopt the work programmes of SPREP and review progress in their implementation;

(e) to adopt the Budget estimates of SPREP;

(f) to make recommendations to Members;

(g) to appoint the Director;

(h) to give directions to the Director concerning the implementation of the Work Programme;

(i) to approve rules and conditions for the appointment of the staff of the Secretariat; and

(j) to carry out such other functions as are specified in this Agreement or are necessary for the effective functioning of SPREP.

4. The SPREP Meeting may establish such committees and sub-committees and other subsidiary bodies as it considers necessary.

5. In addition to the functions referred to in paragraph (3) of this Article, the SPREP Meeting shall, through such mechanisms as it considers appropriate, consult and co-operate with the Meetings of Parties to:

(a) the Convention on Conservation of Nature in the South Pacific;

(b) the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region and related Protocols; and

(c) any other international or regional Agreement that may be concluded for the protection of the environment of the South Pacific region, with a view to ensuring the achievement of the purpose of SPREP and of this Agreement and facilitating the achievement of the purposes of those Conventions.

Article 4
Meeting procedure

1. The SPREP Meeting shall elect from among its Members a Chairperson and such other officers as it decides, who shall remain in office until the next SPREP Meeting. In principle, the role of the Chairperson shall rotate as decided by the SPREP Meeting.

2. The SPREP Meeting shall adopt its own Rules of Procedure.

3.

(a) The Parties shall ensure the full involvement of all Members in the work of the SPREP Meeting. The work of the SPREP Meeting shall be conducted on the basis of consensus of all Members, taking into account the practices and procedures of the South Pacific region.

(b) In the event that a decision is required in the SPREP Meeting, that decision shall be taken by a consensus of the Parties. The consensus of the Parties shall ensure that the views of all Members of the SPREP Meeting have been properly considered and taken into account in reaching that consensus.

4. The attendance by observers in SPREP Meetings shall be provided for in the Rules of Procedure.

5. The SPREP Meeting shall be convened by the Director.

6. The working languages of SPREP shall include English and French.

Article 5
Budget

1. The Budget estimates for SPREP shall be prepared by the Director.

2. Adoption of the Budget of SPREP and determination of all other questions relating to the Budget shall be by consensus.

3. The SPREP Meeting shall adopt financial regulations for the administration of SPREP. Such regulations may authorise SPREP to accept contributions from private and public sources.

Article 6
Director

1. The Director of SPREP shall be the head of the Secretariat.

2. The Director shall appoint staff to the Secretariat in accordance with such rules and conditions as the SPREP Meeting may determine.

3. The Director shall report annually to the South Pacific Conference and the South Pacific Forum on the activities of SPREP.

4. The Director shall be responsible to the SPREP Meeting for the administration and management of SPREP and such other functions as the SPREP Meeting may decide.

Article 7
Functions of the Secretariat

1. The functions of the Secretariat shall be to implement the activities of SPREP, which shall include:

(a) to promote, undertake and co-ordinate the implementation of the SPREP Action Plan through the annual Programmes of Work, and review and report regularly on progress thereon to Members;

(b) to carry out research and studies as required to implement the SPREP Action Plan through the annual Programmes of Work;

(c) to advise and assist Members on the implementation of activities carried out under the SPREP Action Plan or consistent with its purpose;

(d) to provide a means of regular consultation among Members on the implementation of activities under the SPREP Action Plan and on other relevant issues;

(e) to co-ordinate and establish working arrangements with relevant national, regional and international organisations;

(f) to gather and disseminate relevant information for Members and other interested Governments and organisations;

(g) to promote the development and training of personnel of Members and to promote public awareness and education, including the publication of materials;

(h) to assist Members in the acquisition, interpretation and evaluation of scientific and technical data and information;

(i) to undertake such other activities and follow such procedures as the SPREP Meeting may decide; and

(j) to seek financial and technical resources for SPREP.

2. In addition to the functions described in paragraph (1) of this Article, the Secretariat shall be responsible for the co-ordination and implementation of any functions that the SPREP Meeting may agree to undertake relating to:

(a) the Convention on Conservation of Nature in the South Pacific;

(b) the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, and the Protocol concerning Co-operation in Combating Pollution Emergencies in the South Pacific Region; and

(c) any other international or regional Agreement that may be concluded for the protection of the environment of the South Pacific region.

Article 8
Legal status, privileges and immunities

1. SPREP shall have such legal personality as is necessary for it to carry out its functions and responsibilities and, in particular, shall have the capacity to contract, to acquire and dispose of moveable and immoveable property and to sue and be sued.

2. SPREP, its officers and employees, together with representatives to the SPREP Meeting, shall enjoy such privileges and immunities necessary for the fulfillment of their functions, as may be agreed between SPREP and the Party in whose territory the Secretariat is located, and as may be provided by other Parties.

Article 9
Sovereign rights and jurisdiction of States

Nothing in this Agreement shall be interpreted as prejudicing the sovereignty of the Parties over their territory, territorial sea, internal or archipelagic waters, or their sovereign rights:

(a) in their exclusive economic zones and fishing zones for the purpose of exploring or exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone; or

(b) over their continental shelves for the purpose of exploring them and exploiting the natural resources thereof.

Article 10
Signature, ratification, acceptance, approval and accession

1. This Agreement shall be open for signature from the ##th day of MON ###, and shall thereafter remain open for accession, by:

Australia

Republic of Chile

Niue

Cook Islands

Papua New Guinea

Federated States of Micronesia

Solomon Islands

Republic of Fiji

Kingdom of Tonga

Republic of France

Tuvalu

Republic of Kiribati

United Kingdom of Great Britain and Northern Ireland on behalf of Pitcairn Islands

Republic of the Marshall Islands

United States of America

Republic of Nauru

Republic of Vanuatu

New Zealand

Independent State of Samoa

Republic of Palau

2. This Agreement is subject to ratification, acceptance, or approval by the Signatories.

3. Reservations to this Agreement shall not be permitted.

4. This Agreement shall enter into force thirty days from the date of deposit of the tenth instrument of ratification, acceptance, approval, or accession with the Depositary, and thereafter for each State, thirty days after the date of deposit of its instrument of ratification, acceptance, approval, or accession with the Depositary.

5. Following the expiry of the period when this Agreement is open for signature, and provided that this Agreement has entered into force, this Agreement shall be open for accession by any State other than those referred to in this Article which, desiring to accede to this Agreement, may so notify the Depositary, which shall in turn notify the Parties. In the absence of a written objection by a Party within six months of receipt of such notification, a State may accede by deposit of an instrument of accession with the Depositary, and accession shall take effect thirty days after the date of deposit.

6. The Government of Australia is hereby designated as the Depositary.

7. The Depositary shall transmit certified copies of this Agreement to all Members and shall register this Agreement with the Secretary-General of the Global Assembly.

Article 11
Amendment and withdrawal

1. Any Party may propose amendments to this Agreement for consideration by the SPREP Meeting. The text of any amendment shall be circulated to Members no less than six months in advance of the Meeting at which it is to be considered.

2. An amendment shall be adopted at a SPREP Meeting by consensus of all Parties attending the SPREP Meeting and shall enter into force thirty days after the receipt by the Depositary of instruments of ratification, acceptance or approval of that amendment by all Parties.

3. Any Party to this Agreement may withdraw from this Agreement by giving written notice to the Depositary. Withdrawal shall take effect one year after receipt of such notice by the Depositary.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at ???? this ##th day of MON #### in a single copy in the English and French languages, the two texts being equally authentic.

For the Government of Australia and also as representatives for Norfolk Island:
this _____ day of ______, 20__

For the Government of Chile as representatives for Easter Island:
this _____ day of ______, 20__

For the Government of the Cook Islands:
this _____ day of ______, 20__

For the Government of the Federated States of Micronesia:
this _____ day of ______, 20__

For the Government of Fiji:
this _____ day of ______, 20__

For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna:
this _____ day of ______, 20__

For the Government of Kiribati:
this _____ day of ______, 20__

For the Government of Nauru:
this _____ day of ______, 20__

For the Government of New Zealand and also as representatives for Tokelau:
this _____ day of ______, 20__

For the Government of Niue:
this _____ day of ______, 20__

For the Government of Palau:
this _____ day of ______, 20__

For the Government of Papua New Guinea:
this _____ day of ______, 20__

For the Government of the Republic of the Marshall Islands:
this _____ day of ______, 20__

For the Government of Samoa:
this _____ day of ______, 20__

For the Government of Solomon Islands:
this _____ day of ______, 20__

For the Government of Tonga:
this _____ day of ______, 20__

For the Government of Tuvalu:
this _____ day of ______, 20__

For the Government of the United Kingdom as representatives for the Pitcairn Islands:
this _____ day of ______, 20__

For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands:
this _____ day of ______, 20__

For the Government of Vanuatu:
this _____ day of ______, 20__

Organs and Specialised Agencies

Organisation:	Headquarters:	Head:
South Pacific Commission	Sydney, Australia	Robert B. Dun
South Pacific Forum Fisheries Agency	TBD	Vacant
South Pacific Line	TBD	Vacant
Pacific Aviation Safety Office	TBD	Vacant
South Pacific Tourism Organisation	TBD	Vacant
South Pacific Regional Environment Programme	TBD	Vacant

Associated Organisations

Logo:	Organisation:	Headquarters:
	South Pacific Chiefs of Police Conference	Wellington, New Zealand
	University of the South Pacific	Suva, Fiji
	South Pacific Games Council	Suva, Fiji
	Pacific Power Association	Suva, Fiji

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