STATUTE
of
the Secretariat of the Conference on Interaction
and
Confidence Building Measures in Asia
Member-States of
the Conference on Interaction and Confidence Building Measures in Asia,
hereinafter referred to as “the Member-States” and “the CICA” respectively,
Aiming at the implementation of the provisions of the Almaty Act of June
4, 2002 regarding establishment of the CICA Secretariat, hereinafter referred
to as “the Secretariat”, as well as at defining its functions, structure and
principles of financing,
Have agreed as
follows:
Article
1
General
Provisions
1. The Secretariat is hereby established. The Secretariat shall be a
permanent body, which shall exercise its functions in accordance with the
principles and purposes laid down in the Almaty Act of
June 4, 2002 and the provisions of the CICA Rules of
Procedure of October 22, 2004 and the present Statute and Financial Rules of
the CICA Secretariat, which shall constitute an integral part of the present
Statute.
2. The Secretariat
shall have its seat in Almaty, the Republic of Kazakhstan, hereinafter referred
to as “the Host Country”.
3. English and Russian shall be
working languages of the Secretariat.
The Secretariat, within the scope of its competence, shall:
a) Provide
administrative, organizational and technical support for meetings and other
activities mentioned in the Almaty Act of June 4, 2002 and the CICA Rules of Procedure of October 22, 2004;
b) Establish and
maintain an archive of the CICA documents;
c) Act as a clearing
house for the documents and information provided by the Member-States and
received from international organizations and fora, ensure their circulation,
as defined by the CICA Catalogue of Confidence Building Measures of October 22, 2004 and other documents adopted within the CICA framework;
d) Disseminate
general information on the CICA;
e) Also receive and
disseminate information on the implementation of Confidence Building Measures
among Member-States on the basis of information provided by them subject to
their mutual consent;
f) Perform other
tasks and duties assigned by the CICA Heads of State or Government and the
Ministers of Foreign Affairs; perform such other tasks as may be assigned by
the CICA Senior Officials Committee, hereinafter refferred to as “the SOC”, in
accordance with the CICA Rules of Procedure, the present Statute and the Financial
Rules of the CICA Secretariat.
Article
3
Personnel
of the Secretariat
1. The Secretariat shall have
the following personnel:
a) Executive
Director, who shall be the Chief Executive Officer of the Secretariat;
b) Deputy Executive
Director;
c) Professional
personnel seconded by the Member-States to the Secretariat;
d) General/support
personnel, hired on a contractual basis from among the nationals of the Host
country and nationals of the Member-States to perform the administrative,
technical and service functions of the Secretariat.
2. The Executive
Director shall be appointed by the CICA Ministers of Foreign Affairs for a four-year term by consensus, upon the recommendation of the
Member-State chairing the CICA, from its nationals, and shall perform his/her
duties during the whole term of the chairmanship of the concerned Member-State.
3. The CICA
Ministers of Foreign Affairs shall appoint the Deputy Executive Director for a
three-year term by consensus upon the recommendation of the SOC. The SOC shall
consult the Executive Director before making the recommendation.
4. The Deputy
Executive Director shall perform functions of the Executive Director in case of
his/her temporary absence/illness, or pending appointment of the new Executive
Director.
5. The Executive
Director, Deputy Executive Director and Professional personnel shall be
appointed on the basis of the highest standards of efficiency, competence and
integrity and taking into account equal opportunity requirements, widest
possible representation of the Member-States and upon consent of the
Member-States.
6. The Executive
Director and Deputy Executive Director shall be nationals of different
Member-States.
7. The Executive
Director, with the approval of the SOC, shall appoint Members of the
Professional personnel of the Secretariat, criteria for which would be worked
out by the Member-States through consensus.
8. If Member of the
Professional personnel of the Secretariat is not able to perform his/her
duties, upon the application of the Sending State,
a new Member of the Professional personnel of the Secretariat shall be
appointed to the unexpired term of office.
9. Terms of
employment of the members of the general/support personnel of the Secretariat
shall be governed by legislation of the Host Country if otherwise is not
envisaged by the present Statute or staffing regulations adopted by the CICA.
In employing general/support Personnel in the Secretariat equal opportunities
shall be afforded to the nationals of all the Member States without any
discrimination on grounds of sex, race, religion and nationality.
10. The functions
of the Executive Director are as follows:
a) Be responsible for the activities of the Secretariat, and to be fully
accountable for its financial aspects. Prepare the budget of the Secretariat
and submit it for approval of the SOC, taking into account the available
financial resources of the Secretariat;
b) Report annually to the SOC on the activities of the Secretariat;
c) Propose to the SOC a Staffing Matrix of the Secretariat, including
title, job description, terms of office and duties allocation scheme;
d) Assign responsibilities among the Members of the Personnel of the
Secretariat;
e) Issue administrative decrees and internal instructions, sign
contracts and agreements, on behalf of the Secretariat, required for its
functioning;
f) May request the support of the Member-States for providing
Professional personnel to assist in the work of the CICA Secretariat. For this
purpose prior notification shall be sent to the Member-States;
g) Represent the Secretariat in its relationship with the authorities of
the Host Country;
h) Initiate and establish contacts with secretariats or appropriate
bodies and institutions of international organizations and fora, subject to the
approval of the Member-States;
i) Attend events of international organizations and fora in order to
inform on the CICA activities with prior notification to the Member-States and
subject to their approval.
Article
4
Financial
Rules and Regulations
1. Financial
aspects of the Secretariat shall be defined in “Financial Rules of the CICA
Secretariat” which are annexed and shall constitute an integral part of the
Statute.
2. Upon
the decision of the SOC and on the basis of the “Financial Rules of the CICA
Secretariat”, detailed financial regulations governing financial aspects of
different activities of the Secretariat shall be prepared and submitted for the
approval of the SOC.
1. The Member-States vest the Secretariat with the right to conclude a
Host Country Agreement with the Government of the Republic of Kazakhstan
regarding terms and conditions of the Secretariat’s location in the territory
of the Republic of Kazakhstan, the draft of which has to be approved by the
Ministers of Foreign Affairs of the Member-States.
2. Privileges and immunities of the Secretariat and Members of its
Personnel on the territories of the Member-States shall be determined by a
separate agreement to be concluded by the Member-States.
1. The present Statute shall be applied provisionally for those State
Parties whose constitutional systems permit such an application from the date
of its signing and shall enter into force definitively on the thirtieth day
after 2/3 of the Signatory
Member-States have notified the Depository on the completion of their
respective constitutional formalities required for the entry into force of the present
Statute.
2. The Depository of the present Statute is the Ministry of Foreign
Affairs of the Republic of Kazakhstan. The Depository shall notify all the
Member-States about the date of entry into force of the present Statute.
3. By consensus of the Member-States, the present Statute shall be open,
as provided in Article 9 of the CICA Rules of Procedure, for accession to other
States of the region which share the CICA objectives and principles set forth
in the Almaty Act of June 4, 2002, as well as pledge to fulfil the provisions
of other international agreements and documents signed or adopted within the
CICA framework. The Depository shall notify all the Member-States about the
date of such accession.
4. For the acceding State the present Statute shall enter into force from
the date of the receipt of the accession instrument by the Depository or from
the date of entry into force of the present Statute in the order envisaged by
paragraph 1 of the present Article, depending on which date shall be later.
5. With mutual
consent the Member States may amend the present Statute in the form of separate
protocol. The protocol shall enter into force in accordance with paragraph 1 of
the present Article. The Depository shall notify all the Member States about
the date of entry into force of the protocol.
6. Any disagreement, which may arise from the application or
interpretation of present Statute, shall be settled between the Member-States
by consensus.
7. Each Signatory Member-State shall, in exercising its national
sovereignty, have the right to withdraw
from the present Statute. It shall give notice of such withdrawal to the
Depository three months in advance, which shall notify the other Member-States.
8. Twelve years after the entry into force of the present Statute,
Member-States shall decide whether the Statute shall continue to be in force
indefinitely, or shall be extended for an additional fixed period at a time.
This decision shall be taken by a consensus of the Signatory Member-States.
In witness whereof
the undersigned Plenipotentiaries, being duly authorized thereto, have signed
this Statute.
Done at Almaty on
this 17th day of June, 2006 in one original in English language.
The Depository shall transmit a certified copy of the present Statue to
each Member-State.