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FORTY-FOURTH SESSION (Contd.)

APPENDIX F
AGREEMENT AMENDING THE CONVENTION FOR THE ESTABLISHMENT OF THE DESERT LOCUST CONTROL ORGANIZATION FOR EASTERN AFRICA

The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda,

Being parties to the Convention for the Establishment of the Desert Locust Control Organization from Eastern Africa signed in Addis Ababa on 20 August 1962;

Considering

  1. the provision contained in Article XI, paragraph 3 of the Convention to the effect that “the Convention may be amended by agreement between all Contracting Governments to conform with the establishment of closer links with the Food and Agriculture Organization of the United Nations”;

  2. the wish unanimously expressed by the Governments parties to the Convention that the latter be amended for the purpose of establishing the Desert Locust Control Organization for Eastern Africa within the framework of the Food and Agriculture Organization of the United Nations by an agreement to be concluded under Article XV of the Constitution of the said Organization;

  3. the terms of Resolution No. 45/63 adopted on 4 December 1963 by the Twelfth Session of the Conference of the Food and Agriculture Organization of the United Nations by which the Director-General and the Council of that Organization were authorized to take appropriate steps for achieving the purpose referred to in the preceding paragraph, bearing in mind the principles governing agreements concluded under Article XV of the Constitution of the Food and Agriculture Organization of the United Nations;

Hereby agree to amend the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa and to that effect to adopt the amendments to the text of the Convention heretofore in force which are given in Annex A hereto, it being understood that the amended text appearing as Annex B hereto which shall be entitled “Agreement regarding the Desert Locust Control Organization for Eastern Africa” shall, once approved by the Council of the Food and Agriculture Organization of the United Nations, enter into force as provided for in Article XXVII of said Agreement, as soon as the Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda and the Food and Agriculture Organization of the United Nations have become parties thereto.

Annex A

Amendments to the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa

(Delete the words between square brackets and add the words underlined)

[CONVENTION FOR THE ESTABLISHMENT OF THE DESERT LOCUST CONTROL ORGANIZATION FOR EASTERN AFRICA]

AGREEMENT REGARDING THE DESERT LOCUST CONTROL ORGANIZATION FOR EASTERN AFRICA

Preamble

The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of [Tanganyika] Tanzania, and Uganda [and of Kenya and Uganda acting with the authority and consent of the Government of the United Kingdom of Great Britain and Northern Ireland] and the Food and Agriculture Organization of the United Nations (hereinafter referred to as “FAO”);

DESIRING to reinforce on an international regional basis the control of the desert locust in Eastern Africa; [(hereinafter referred to as “the Region”) which Region for the purpose of this Convention shall comprise Ethiopia, French Somaliland, Kenya, Somali Republic, Tanganyika and Uganda;]

[CONSIDERING that it is expedient to give effect by a Convention to the recommendations put forward by their respective representatives at the Third Session of the FAO Eastern African Desert Locust Sub-Committee at Addis Ababa in October 1961;]

HAVE AGREED AS FOLLOWS:

Article 1

1. The Contracting [governments] Parties hereby establish, within the framework of FAO, “the Desert Locust Control Organization for Eastern Africa” (hereinafter referred to as [“the Organization”]DLCO-EA”) for the purpose of undertaking on an international basis within [the Region] Eastern Africa such action provided for in this [Convention] Agreement as may lead to effective control of the desert locust in [the Region] Eastern Africa.

2. For the purposes of this Agreement, Eastern Africa shall comprise Ethiopia, French Somaliland, Kenya, Somali Republic, Sudan, the United Republic of Tanzania, and Uganda and shall be hereinafter referred to as “the Region”.

[2] 3. For the purposes of this [Convention] Agreement, the expression “the Contracting [Governments] Parties” means such contracting governments and FAO as have become parties to this [Convention] Agreement in accordance with the provisions of Article [X] XIX [of this Convention] below.

Article II

Participation

Participation in this Agreement shall be open to:

Article [II] III

Site and Legal Status

1. The Headquarters of [the Organization] DLCO-EA shall be at [Dire Dawa] Asmara, Ethiopia. The main operational base of [the Organization] DLCO-EA shall be at Hargeisa, Somali Republic.

2. [The Organization] DLCO-EA [within the Region] shall have the capacity of [a] an international legal person to perform any legal act appropriate to its purpose, in accordance with the provisions of the present [Convention] Agreement. In particular it shall have the capacity (a) to contract; (b) to acquire and dispose of immovable and movable property; and (c) to institute legal proceedings.

3. Save for the obligations expressly provided for under this Agreement the Contracting Parties shall not be responsible for any civil, financial, or other obligations in respect of DLCO-EA.

Article [III] IV

Objectives and Functions

1. The objectives of [the Organization] DLCO-EA shall be:

  1. to promote the most effective control of the desert locust in the Region;

  2. to offer its services in the co-ordination and reinforcement of national action against the desert locust in the Region.

2. In furtherance of these objectives the functions of [the Organization] DLCO-EA shall be:

  1. to maintain at strategic localities reserves of anti-locust equipment and supplies, such as transport and insecticides, and to direct the use of these strategic reserves to supplement the national resources of the Contracting Governments when they are faced with locust populations beyond the capacity of the national services to control or survey;

  2. to maintain at least one Air Unit and direct its operations and provide it with equipment and supplies, including insecticides, adequate for the execution of operations in areas where it is considered control will be of the greatest benefit to the Region as a whole;

  3. to maintain a Field Research Station or Stations with appropriate laboratory facilities to conduct operational research beyond the capacity of available national research facilities necessary to raise the efficiency of desert locust control and survey;

  4. to initiate and conduct training programs to fit personnel from the Region for service with or promotion within [the Organization] DLCO-EA.

Article V

Organs

The Organs of DLCO-EA shall be:

Article [IV] VI

The Governing Council

1. There shall be a Governing Council of [the Organization] DLCO-EA (hereinafter referred to as “the Governing Council”), which shall consist of:

[1] 2. Each Contracting Government shall be represented at sessions of the Governing Council by a single delegate who may be accompanied by an alternate and by experts or advisers. Alternates, experts and advisers may take part in the proceedings of the Governing Council but not vote, except in the case of an alternate who is duly authorized to substitute for a delegate. Contracting Governments that are more than two years in arrears with their contributions shall lose their right to vote.

[2] 3. The Governing Council shall [meet] hold at least [once each year in] one regular session each year at a date and place to be decided at its previous regular session.

[3] (See below para. 5).

[4] (See below para. 6).

[5] (See below para. 7).

[6] (See below para. 8).

[7] (See below Article VII. para. 5)

[8] (See below Article VIII para. 1)

[9] 4. A special session of the Governing Council may be convened by the Chairman of the Governing Council on his own initiative or at the request of [at least one half of the Contracting Governments] a Contracting Government or of the Director-General of FAO. Such a session shall be convened if at least one half of the Contracting Governments so request.

[3] 5. The Governing Council shall elect for one year a Chairman and a Vice-Chairman from among its members. The Chairman and Vice-Chairman [shall hold office for one year and may be re-elected], may, however, hold office until the election of their successors. In these elections due regard shall be paid to the principle of rotation of offices [amongst] among the Contracting Governments.

[4] 6. Each Contracting Government shall [through its delegate] have one vote on the Governing Council. It may delegate its vote to any other Contracting Government and shall notify such delegation of vote formally to the Chairman of the Governing Council.

[5] 7. For any decision the necessary quorum shall require the actual presence of delegates of an absolute majority of the Contracting Governments.

[6] 8. Unless otherwise provided for in this [Convention] Agreement, decisions of the Governing Council shall be taken by an absolute majority of the votes cast.

[9] (See para. 4 of this Article)

[10] (See below Article VII, para. 6)

[11. In order to provide for close co-operation with the Food and Agriculture Organization of the United Nations and for the co-ordination of activities in the field of locust control, the Council shall enter into an agreement with that Organization in accordance with the provisions of Article XIII. 1 of the Constitution of the said Organization, which agreement shall provide inter alia for reciprocal representation.]

[12. The Council may invite any other organization to appoint observers to attend the sessions of the Council.]

[13] 9. The Governing Council [shall have the right to] may invite any qualified individual to attend its meetings as a consultant.

Article [V] VII

Functions of the Governing Council

1. The Governing Council shall control [, through the Director,] and determine the operations of [the Organization] DLCO-EA.

2. The Governing Council shall consult, through its Chairman, with Contracting Governments regarding the most appropriate action to be taken to control the desert locust in the Region.

3. The Governing Council shall consult, through its Chairman, with the Contracting Governments regarding those programs of research and investigation which it believes will be most productive in developing the control of the desert locust in the Region.

4. While each country shall remain primarily responsible for desert locust control within its borders, the Governing Council shall take all possible measures to co-ordinate the work of the national anti-locust services of the Contracting Governing within the Region, particularly as regards the exchanges of mutual assistance, and shall ensure the exchange between them of technical information relating to the movements, control and study of the desert locust.

[Art. IV. 1] [The Council shall adopt its own rules of procedure and financial regulations which shall include provisions for the audit of accounts by auditors appointed by it.]

5. The Governing Council shall adopt the General Rules, Financial Regulations, Rules of Procedure and Staff Regulations of DLCO-EA. Subject to their adaptation to the special requirements of DLCO-EA, the General Rules, Financial Regulations and Rules of Procedure and all amendments thereto shall be based upon the relevant provisions of the General Rules, Financial Regulations and Rules of Procedure of FAO. The working languages of DLCO-EA shall be English and French.

[Art. IV. 10] [The Council at its annual session shall examine the report of the Director of the Organization on the work of the Organization during the preceding year and the audited accounts of the Organization, and shall approve a program of work and adopt the budget for the ensuing financial year. Adoption of the budget shall be by a two-thirds majority of the membership of the Organization.]

6. The Governing Council at its regular sessions shall:

  1. examine the report of the Director on the work of DLCO-EA during the preceding year and transmit this report with its decisions to the Director-General of FAO for submission to the Council of FAO;

  2. examine the audited accounts submitted in accordance with Article XV below and approve them;

  3. adopt a program of work and budget for the ensuing financial year taking duly into account any proposal by the Director-General of FAO. The program of work and budget shall, before implementation, be submitted to the Director-General of FAO for approval. As regards the program of work, such approval shall relate to the broad lines of activity to be undertaken and, with respect to the budget, to the overall level and its division between the broad lines of activity, while ascertaining that suitable appropriations have been made for the implementation of the activities it being understood, however, that sufficient flexibility shall be allowed for transfers within the budget for practical operational purposes. Adoption of the budget shall be by a two-thirds majority of the Contracting Governments.

Article VIII

The Technical Committee and Other Subsidiary Bodies

[Art. IV. 8] [The Council shall establish an Executive Committee and determine its composition and functions. The Council shall normally elect from amongst its members a Chairman and the members of the Executive Committee. However, by unanimous decision, the Council may elect as Chairman and members of the Executive Committee individuals not representing the Contracting Governments on the Council but whose candidature has been submitted by one or more Contracting Governments. The Chairman shall hold office for a period of three years.]

1. The Governing Council shall establish a Technical Committee and determine its composition and functions after consultation with the Director-General of FAO who shall report thereon to the FAO Council. The Director-General of FAO or his representative shall be a member of the Technical Committee acting in an advisory capacity.

2. The Governing Council may establish other subsidiary bodies as it deems fit.

3. The Technical Committee and other subsidiary bodies may adopt their own Rules of Procedure which shall be based on the Rules of Procedure of the Governing Council.

Article [VI] IX

The Director [and Staff of the Organization] of DLCO-EA

1. The Governing Council shall, with the approval of the Director-General of FAO, appoint a Director of [the Organization] DLCO-EA who shall be the principal executive officer of [the Organization] DLCO-EA, and subject to any general or special directions of the Governing Council, shall be responsible for the operations of [the Organization] DLCO-EA. The conditions of the appointment of the Director shall be determined by the Governing Council with the approval of the Director-General of FAO.

2. The Governing Council may also, after prior consultation with the Director-General of FAO, appoint [a Deputy Director] Associate Directors of [the Organization] DLCO-EA who shall discharge such functions as may be delegated to [him] them by the Director with approval of the Governing Council.

[3] See Article X. 1

[4] 3. The duties of the Director shall be those necessary to ensure the discharge of the main functions of [the Organization] DLCO-EA as outlined in Article [III] IV above. The Director shall also be responsible for:

  1. the transmission by means of periodic reports to Contracting Governments, to [the Food and Agriculture Organization of the United Nations] FAO and to the Desert Locust Information Service and to any other official body considered appropriate by the Governing Council, of full information on the nature of the locust infestations, the progress of research and the operation of control measures within the Region;

  2. the maintenance of full co-operation with all other organizations concerned with the locust problem in accordance with the general directives of the Governing Council and subject to Article XVII, paragraph 4 below;

  3. the collection of the contributions of Contracting Governments;

  4. the maintenance of the accounts of [the Organization] DLCO-EA.

[5] 4. The Director shall represent [the Organization] DLCO-EA in its [relation to] relations with third parties subject to Article XVII below.

[6] 5. The Director shall open and operate on behalf of [the Organization] DLCO-EA such banking accounts as may be required. He shall initiate or respond to all legal actions in which [the Organization] DLCO-EA is involved.

[7] 6. The Director shall submit annually to the Governing Council, a report on the work of [the Organization] DLCO-EA covering the preceding year as well as a draft program of work and budget for the ensuing financial year. He shall transmit copies of these documents to the Contracting Governments and to the Director-General of FAO not later than one month before the [annual] regular session of the Governing Council. He shall also circulate to [the members of the Council] all Contracting Parties duly audited accounts.

Article X

Staff

[Art. VI. 3] 1. The Governing Council shall determine the categories of staff [of the Organization] to be appointed [and discharged by the Council, the Executive Committee or the Director as the case may be; and shall adopt staff regulations.]

2. Subject to Article IX, paragraph 1 above, the staff of DLCO-EA shall be appointed by the Director in accordance with the staff regulations adopted by the Governing Council. The staff shall be responsible to and under the immediate supervision of the Director.

3. The staff shall be recruited on as wide a geographical basis as possible from among nationals of the Contracting Governments, provided, however, that the recruitment of staff who are not nationals of Contracting Governments shall not be precluded where considered desirable.

4. The responsibility of the entire staff, including the Director, in exercising their functions shall be international in character.

Article [VII] XI

Obligations of Contracting Governments

1. Each Contracting Government shall undertake to carry out within its financial resources and in the light of the provisions of Article [V.4] VII, paragraph 4 above, all possible measures, to control the desert locust in its territory within the Region by adopting the following procedures:

  1. maintaining a permanent desert locust information and reporting service which will inter alia submit copies of regular reports to the Director of [the Organization] DLCO-EA and to the Desert Locust Information Service simultaneously;

  2. maintaining in the manner most appropriate to its needs at least the nucleus of a permanent desert locust control service;

  3. promoting such research and survey work, including the maintenance of national field research stations, where appropriate, as may be compatible with its resources for the study of the desert locust and its plague dynamics;

  4. developing and supporting the training of its nationals for the service of desert locust control;

  5. facilitating the construction on its own territory of the buildings and/or airfields necessary to the operations of [the Organization] DLCO-EA provided for in Article [III. 2] IV, paragraph 2 above;

[f.   bearing the cost of attendance by its delegation at annual sessions of the Council. The cost of attendance by delegates or alternates at Special Sessions of the Council shall be borne by the Organization.]

[2. The Contracting Governments agree to extend to the Organization all the facilities which they can grant for carrying out its task within their respective national territories, on the basis of the pertinent clauses contained in the International Convention on the Privileges and Immunities of the Specialized Agencies, at least insofar as concerns the free movement of its materials and supplies necessary for the operations of the Organization; provided, however, that the Contracting Governments of this Convention shall have the power to limit, restrict or prohibit within their respective territories the movement of members, officers, employees, agents and instrumentalities of the Organization and/or of the Council or any other person or instrumentalities exercising authority or performing functions under this Convention.]

[Article VIII

Inspection of Activities]

(See Article XVI below)

Article [IX] XII

Contributions

1. Each Contracting Government shall contribute in money, supplies or services, to the expenses of the [equipment and operations] program of work of [the Organization] DLCO-EA in [the following proportions] accordance with the following scale:

Ethiopia12 percent
France3 percent
Kenya55 percent
Somali Republic3 percent
The United Republic of Tanzania[Tanganyika]20 percent
Uganda7 percent

provided that the costs of [the Organization] DLCO-EA to be met from these contributions do not exceed the equivalent of US $ [784,000] 600,000 in any financial year. [Charges in excess of this amount which are not covered by other revenue will, if unanimously accepted by the Council, be met by Contracting Governments in accordance with proportions to be agreed unanimously by the Council.] The Governing Council shall at each regular session determine the proportion of the contributions to be paid in cash. In the event of additional contributions being required in exceptional circumstances, such contributions, if unanimously accepted by the Governing Council, shall be met by Contracting Governments in accordance with proportions to be agreed unanimously by the Governing Council.

The proportions indicated above [will] shall be revised by [the] a unanimous[vote] decision of the Governing Council:

  1. in the event of adherences in accordance with Article [X.4] XIX, paragraphs 4 and 5 below;

  2. in the event of denunciation or withdrawal from this [Convention] Agreement in accordance with Article [XI. 2] XXIII below.

2. These proportions [will] shall, after 15 October 1965, also be subject to review by the Governing Council at [its third annual session after the coming into force of this Convention] any regular session of the Governing Council and [will] may be adjusted if necessary in accordance with the conclusions of such review unanimously agreed upon.

3. The Governing Council may, after prior consultation with the Director-General of FAO, accept contributions in money, supplies or services from governments not parties to this [Convention] Agreement, organizations and other sources to further the purpose of [the Organization] DLCO-EA.

4. Annual contributions provided for under [para.] paragraph 1 above shall be paid before the end of the first month of the financial year of DLCO-EA to which they apply.

5. Contributions shall be payable in currencies to be determined by the Governing Council after consultation with Contracting Governments.

Article XIII

Assistance from FAO

1. FAO, at the request of the Governing Council of DLCO-EA, may, to the extent feasible, offer advice and provide technical guidance on the organization and program of work of DLCO-EA. Moreover, subject to appropriate procedures, assistance may be offered in the actual implementation of the program of work of DLCO-EA through the United Nations Expanded Program of Technical Assistance, the United Nations Special Fund or other similar programs, when such a course of action is deemed appropriate and feasible by the Director-General of FAO.

2. In order to ensure co-operation between FAO and DLCO-EA through consultation, mutual assistance and joint action in fields of common interest in accordance with the principles of FAO and DLCO-EA, FAO shall invite an observer from DLCO-EA to sessions of appropriate FAO bodies dealing with desert locust control. The Director-General of FAO and the Director of DLCO-EA shall, moreover, keep each other fully informed of all relevant programs of work and projected activities of their respective Organizations which may be of mutual interest. FAO shall supply to DLCO-EA all appropriate technical documents pertaining to desert locust control which are circulated by FAO to its Member Nations and Associate Members and to the Desert Locust bodies, as well as any other relevant FAO publications.

Article XIV

Expenses relating to Attendance at Sessions of the Governing Council, the Technical Committee and other Subsidiary Bodies

1. Contracting Governments shall bear the expenses relating to the attendance of their delegations at all sessions of the Governing Council, the Technical Committee and other subsidiary bodies.

2. The expenses of experts attending in their individual capacity sessions of the Governing Council, the Technical Committee or other subsidiary bodies on the invitation of the Governing Council shall be borne by DLCO-EA.

3. FAO shall bear the expenses of the Director-General of FAO or his representative relating to their attendance at sessions of the Governing Council, the Technical Committee or other subsidiary bodies.

4. The expenses of observers attending sessions of the Governing Council, the Technical Committee or other subsidiary bodies in the light of the provisions of Article XVII below, shall be borne by the Governments or international organizations concerned.

Article XV

Audit of Accounts

1. The accounts of DLCO-EA shall be audited by the external auditor or auditors appointed by the Governing Council after prior consultation with the Director-General of FAO.

2. The accounts shall be audited annually.

3. The audited accounts shall be submitted to the Director-General of FAO for comments and to the Governing Council for approval.

4. The accounts, books, registers, or other documents relating to the financial management of DLCO-EA shall, at all times, be open to inspection by the representative of any Contracting Government or of the Director-General of FAO.

Article [VIII] XVI

Inspection of Activities

[The Council may arrange for inspection to be made by a member of the Council of the activities of the Organization. Each Contracting Government shall facilitate the accomplishment of this task as regards its territories.]

1. The Governing Council may arrange for inspections to be made by a member of the Governing Council of the activities of DLCO-EA.

2. The Director-General of FAO, or his representative, may at any time carry out an inspection of the activities of DLCO-EA.

3. Each Contracting Government shall facilitate the accomplishment of the inspections referred to in the two preceding paragraphs, as regards its territories.

Article XVII

Relations with Governments and Organizations

1. Any arrangement between DLCO-EA and governments that are not parties to this Agreement shall be made by the Director-General of FAO.

2. Any Member Nation or Associate Member of FAO that is not a Member of DLCO-EA may, upon its request, be represented by an observer at sessions of the Governing Council, of the Technical Committee and other subsidiary bodies.

3. Governments which, while not parties to the Agreement nor Members or Associate Members of FAO are Members of the United Nations may, upon request and with the approval of the Council of FAO and of the Governing Council, attend sessions of the Governing Council.

4. Participation of international organizations in the work of DLCO-EA and the relations between DLCO-EA and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of FAO as well as by the rules on relations with international organizations adopted by the FAO Conference. All such relations shall be dealt with by the Director-General of FAO.

Article XVIII

Privileges and Immunities

1. The Contracting Governments shall extend to DLCO-EA all the facilities which they can grant for carrying out its task within their respective national territories and undertake to apply to FAO and its staff that may be in their respective territories in the Region in connection with DLCO-EA activities and, mutatis mutandis, to the property, assets and staff of DLCO-EA the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies.

2. Any serious difficulty which may arise in connection with the application of the preceding paragraph shall be reported to the Director-General of FAO by the Chairman of DLCO-EA or the Contracting Government concerned.

Article [X] XIX

Modes of Participation in the [Convention] Agreement

1. FAO may become a party to this Agreement by signature by the Director-General, duly authorized to this effect by the FAO Council, in accordance with Article XV of the FAO Constitution.

[1] 2. The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of [Tanganyika] Tanzania, and Uganda may become parties to this [Convention] Agreement by either:

  1. signature, or

  2. signature subject to ratification or approval followed by such ratification or approval.

[2. On the date on which more than one half of the Governments mentioned in para. 1 above have become parties to it, the Convention shall come into force as concerns those Governments. As concerns other signatory Governments, it shall come into force on the date on which they have become parties to it under para. 1 above, and as regards governments adhering to the convention under para. 4 below, on the date of the deposit of the instruments of adherence.]

[3. The authentic text of this Convention as well as any instruments or ratification or approval shall be deposited with the Government of Ethiopia which instruments shall become effective as from the date of such deposit.]

3. Instruments of ratification or approval shall be deposited with the Director-General of FAO. The Director-General of FAO shall inform all the Governments mentioned in paragraph 1 above of any signature appended to this Agreement and of the receipt of any instrument of ratification or approval.

[4. This Convention, once it has come into force, shall be open to adherence by any government whose territory is situated in the Region, by the deposit of an instrument of adherence. Any government whose territory is not situated in the Region may, with the unanimous approval of the Council, become a party to this Convention by the deposit of an instrument of adherence.]

4. This Agreement once it has come into force shall be open to adherence by:

  1. Any Member Nation or Associate Member of FAO situated in the Region;

  2. Any Government that is a Member of the United Nations while not a member of FAO, whose territory is situated in the Region, after approval at any session of the Governing Council by a two-thirds majority of the Contracting Governments.

[5. Instruments of adherence shall be deposited with the Government of Ethiopia and shall become effective from the date of such deposit.]

[6. The Government of Ethiopia shall inform immediately all signatory governments of the coming into force of the Convention, and thereafter all signatory and adhering governments of the deposit of any instrument of ratification, approval or adherence.]

5. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO who shall inform all Contracting Governments, all Member Nations Associate Members of FAO and the Secretary-General of the United Nations. Adherences shall become effective as from the date of receipt of the instrument of adherence by the Director-General of FAO.

[7. The signature of this Convention or adherence thereto may not be made subject to any reservation.]

Article XX

Reservations

Signature of or adherence to this Agreement may not be made subject to any reservation.

Article XXI

Territorial Application

When becoming a party to this Agreement, each Government shall specify the scope of the territorial application of this Agreement as regards that Government. In the absence of such a declaration, the Agreement shall be deemed to apply to all the territories of the country concerned which are situated in the Region.

Article [XI]

[Duration and Modification of the Convention]

[1. The provisions of this Convention shall not be modified nor shall it be denounced by any party to it for a period of five years from the date of the coming into force of the Convention. At the expiration of this period of five years the Contracting Governments shall consult to decide whether this Convention shall remain in force unmodified or whether it requires modification.

2. Should the present Convention remain in force in accordance with the terms of the preceding paragraph after the expiration of the period of five years mentioned therein, any Contracting Government shall be able to denounce it as far as it is concerned by written notification to the Government of Ethiopia. Denunciation shall take effect one year after the date of receipt of the notification by the Government of Ethiopia who shall immediately inform all signatory and adhering governments of such notification.

3. Notwithstanding anything contained in the preceding two paragraphs this Convention may be abrogated by unanimous agreement between all Contracting Governments after expiration of the five-year period provided for in Article XI. 1, or in the event of its supersession by any wider international agreement for the control of the desert locust. Furthermore, the Convention may be amended by agreement between all Contracting Governments to conform with the establishment of closer links with the Food and Agriculture Organization of the United Nations.]

Article XXII

Amendments

1. This Agreement may be amended at any session of the Governing Council by decision taken by two-thirds of the Contracting Governments, providing notice of the proposed amendment has been given by the Director-General of FAO to all Contracting Governments at least 120 days before the opening of the session at which the amendment is to be considered.

2. Proposals for the amendment of the Agreement may be formulated by any Contracting Government, the Governing Council or the Director-General of FAO and, in the case of the former two, shall be communicated to the Director-General of FAO.

3. Any amendment adopted by the Governing Council shall become effective only with the concurrence of the FAO Council, unless the FAO Council considers it desirable to refer the amendment to the Conference for approval, and shall come into force only from the date of the decision of the FAO Council or Conference as the case may be, provided that any amendment involving new obligations for the Governments that are parties to this Agreement shall, after adoption by the Governing Council, come into force in respect to each such Government only on its acceptance of such amendment.

4. Instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO. The rights and obligations of Contracting Parties that have not accepted an amendment involving additional obligations shall continue to be governed by the provisions of the Agreement as they stood prior to the amendment.

5. The Director-General of FAO shall inform all Contracting Governments and the Secretary-General of the United Nations of the entry into force of the amendments and of the receipt of acceptances of amendments involving new obligations.

Article XXIII

Denunciation

1. Any Contracting Government may at any time after 15 October 1967 or after the expiration of one year from the date on which it became a party to this Agreement, whichever is the later, denounce this Agreement by a written notification to the Director-General of FAO. The Director-General of FAO shall immediately inform all Contracting Governments, Member Nations and Associate Members of FAO as well as the Secretary-General of the United Nations of the receipt of such notification.

The denunciation shall take effect one year after the date of receipt by the Director-General of FAO of the notification of denunciation.

2. The Director-General of FAO, acting in pursuance of a decision of the FAO Conference or Council, may at any time by written notification to all Contracting Governments, the Chairman of the Governing Council and to the Director of DLCO-EA denounce this Agreement.

3. The financial obligations of Governments having denounced the Agreement shall include the entire financial year in which the denunciation takes effect.

4. Any Member Nation or Associate Member of FAO party to this Agreement, that gives notice of withdrawal from FAO, shall be deemed to have simultaneously denounced this Agreement subject to the provisions of Article XIX, paragraph 4(b).

Article XXIV

Termination

1. This Agreement shall be terminated if:

  1. it is denounced by FAO, or

  2. the number of Contracting Governments, as the result of denunciations, fall below four. In this case, the Agreement may be maintained in force if the remaining Governments unanimously so decide, with the concurrence of the FAO Council.

2. Termination shall be effective one year after it has been denounced by FAO or after receipt by the Director-General of FAO of the necessary notifications from Contracting Governments.

Article [XII]

[Interpretation and Settlement of Disputes]

(See Article XXVI below.)

Article [XIII] XXV

Liquidation

In the case of [dissolution] termination of the [Organization] Agreement, the Governing Council, with the approval of the Director-General of FAO, shall appoint one or more executors who shall [have complete power to] determine the assets, pay [off] the debts and carry out all [the] necessary operations under the supervision of the Director-General of FAO, and in particular [to] distribute remaining assets among the Contracting Governments [who participated in the Organization] in proportion to the contributions they have paid throughout the period of operation of DLCO-EA, subject to any claims or rights of FAO, taking into particular account contributions in kind which may have been made by the Contracting [Governments] Parties.

Article [XII] XXVI

Interpretation and Settlement of Disputes

Any dispute regarding the interpretation or application of this [Convention] Agreement, if not settled by the Governing Council in consultation with the Director-General of FAO, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the [disagreement] dispute arose. If as the result of this procedure the dispute is not settled [,] it shall be referred to the International Court of Justice in accordance with the Statute of the Court or Article XVII. 2 of the FAO Constitution, unless the parties to the dispute agree to another method of settlement. In the case of an advisory opinion by the International Court of Justice, such opinion shall be given the most serious consideration by the parties to this Agreement.

Article [XIV]

[Registration]

[The Government of Ethiopia shall cause this Convention to be registered with the Secretariat of the United Nations in accordance with the provisions of Article 102 of the Charter of the United Nations.]

Article XXVII

Entry into force

This Agreement, approved by the FAO Council on the second day of July 1965 and constituting an amended version of the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa signed on 20 August 1962, shall come into force as soon as the Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda and FAO have become parties thereto. The Director-General of FAO shall immediately inform all signatory Governments of the coming into force of this Agreement.

[Done at Addis Ababa the 20th day of August 1962 in a single copy in the English and French languages, the text in each of these languages being equally authentic. The Government of Ethiopia shall transmit duly certified copies thereof to all Contracting Governments.]

Done at Rome on the second day of July one thousand nine hundred and sixty five in two copies, each in the English and French languages, which languages shall be equally authoritative. One copy of the Agreement shall be deposited with the Secretary-General of the United Nations for registration and the other in the archives of FAO.

IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement on behalf of the respective Governments and FAO on the dates appearing opposite their signatures.

Annex B

Agreement regarding the Desert Locust Control Organization for Eastern Africa

Preamble

The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda and the Food and Agriculture Organization of the United Nations (hereinafter referred to as “FAO”),

DESIRING to reinforce on an international regional basis the control of the desert locust in Eastern Africa,

HAVE AGREED as follows:

Article I

1. The Contracting Parties hereby establish, within the framework of FAO, “The Desert Locust Control Organization for Eastern Africa” (hereinafter referred to as “DLCO-EA”) for the purpose of undertaking on an international basis within Eastern Africa such action provided for in this Agreement as may lead to effective control of the desert locust in Eastern Africa.

2. For the purposes of this Agreement, Eastern Africa shall comprise Ethiopia, French Somaliland, Kenya, Somali Republic, Sudan, the United Republic of Tanzania, and Uganda and shall be hereinafter referred to as “the Region”.

3. For the purposes of this Agreement, the expression “the Contracting Parties” means such Contracting Governments and FAO as have become parties to this Agreement in accordance with the provisions of Article XIX below.

Article II

Participation

Participation in this Agreement shall be open to:

Article III

Site and Legal Status

1. The Headquarters of DLCO-EA shall be at Asmara, Ethiopia. The main operational base of DLCO-EA shall be at Hargeisa, Somali Republic.

2. DLCO-EA shall have the capacity of an international legal person to perform any legal act appropriate to its purpose in accordance with the provisions of the present Agreement. In particular it shall have the capacity (a) to contract; (b) to acquire and dispose of immovable and movable property; and (c) to institute legal proceedings.

3. Save for the obligations expressly provided for under this Agreement the Contracting Parties shall not be responsible for any civil, financial, or other obligations in respect of DLCO-EA.

Article IV

Objectives and Functions

1. The objectives of DLCO-EA shall be:

  1. to promote the most effective control of the desert locust in the Region;

  2. to offer its services in the co-ordination and reinforcement of national action against the desert locust in the Region.

2. In furtherance of these objectives the functions of DLCO-EA shall be:

  1. to maintain at strategic localities reserves of anti-locust equipment and supplies, such as transport and insecticides, and to direct the use of these strategic reserves to supplement the national resources of the Contracting Governments when they are faced with locust populations beyond the capacity of the national services to control or survey;

  2. to maintain at least one Air Unit and direct its operations and provide it with equipment and supplies, including insecticides, adequate for the execution of operations in areas where it is considered control will be of the greatest benefit to the Region as a whole;

  3. to maintain a Field Research Station or Stations with appropriate laboratory facilities to conduct operational research beyond the capacity of available national research facilities necessary to raise the efficiency of desert locust control and survey;

  4. to initiate and conduct training programs to fit personnel from the Region for service with or promotion within DLCO-EA.

Article V

Organs

The Organs of DLCO-EA shall be:

Article VI

The Governing Council

1. There shall be a Governing Council of DLCO-EA (hereinafter referred to as “the Governing Council”), which shall consist of:

2. Each Contracting Government shall be represented at sessions of the Governing Council by a single delegate who may be accompanied by an alternate and by experts or advisers. Alternates, experts and advisers may take part in the proceedings of the Governing Council but not vote, except in the case of an alternate who is duly authorized to substitute for a delegate. Contracting Governments that are more than two years in arrears with their contributions shall lose their right to vote.

3. The Governing Council shall hold at least one regular session each year at a date and place to be decided at its previous regular session.

4. A special session of the Governing Council may be convened by the Chairman of the Governing Council on his own initiative or at the request of a Contracting Government or of the Director-General of FAO. Such a session shall be convened if at least one half of the Contracting Governments so request.

5. The Governing Council shall elect for one year a Chairman and a Vice-Chairman from among its members. The Chairman and Vice-Chairman, may, however, hold office until the election of their successors. In these elections due regard shall be paid to the principle of rotation of offices among the Contracting Governments.

6. Each Contracting Government shall have one vote on the Governing Council. It may delegate its vote to any other Contracting Government and shall notify such delegation of vote formally to the Chairman of the Governing Council.

7. For any decision the necessary quorum shall require the actual presence of delegates of an absolute majority of the Contracting Governments.

8. Unless otherwise provided for in this Agreement, decisions of the Governing Council shall be taken by an absolute majority of the votes cast.

9. The Governing Council may invite any qualified individual to attend its meetings as a consultant.

Article VII

Functions of the Governing Council

1. The Governing Council shall control and determine the operations of DLCO-EA.

2. The Governing Council shall consult, through its Chairman, with Contracting Governments regarding the most appropriate action to be taken to control the desert locust in the Region.

3. The Governing Council shall consult, through its Chairman, with the Contracting Governments regarding those programs of research and investigation which it believes will be most productive in developing the control of the desert locust in the Region.

4. While each country shall remain primarily responsible for desert locust control within its borders, the Governing Council shall take all possible measures to co-ordinate the work of the national anti-locust services of the Contracting Governments within the Region, particularly as regards the exchange of mutual assistance, and shall ensure the exchange between them of technical information relating to the movements, control and study of the desert locust.

5. The Governing Council shall adopt the General Rules, Financial Regulations, Rules of Procedure and Staff Regulations of DLCO-EA. Subject to their adaptation to the special requirements of DLCO-EA, the General Rules, Financial Regulations and Rules of Procedure and all amendments thereto shall be based upon the relevant provisions of the General Rules, Financial Regulations and Rules of Procedure and all amendments thereto shall be based upon the relevant provisions of the General Rules, Financial Regulations and Rules of Procedure of FAO. The working languages of DLCO-EA shall be English and French.

6. The Governing Council at its regular sessions shall:

  1. examine the report of the Director on the work of DLCO-EA, during the preceding year and transmit this report with its decisions to the Director-General of FAO for submission to the Council of FAO;

  2. examine the audited accounts submitted in accordance with Article XV below and approve them;

  3. adopt a program of work and budget for the ensuing financial year taking duly into account any proposal by the Director-General of FAO. The program of work and budget shall, before implementation, be submitted to the Director-General of FAO for approval. As regards the program of work, such approval shall relate to the broad lines of activity to be undertaken and, with respect to the budget, to the overall level and its division between the broadlines of activity, while ascertaining that suitable appropriations have been made for the implementation of the activities it being understood, however, that sufficient flexibility shall be allowed for transfers within the budget for practical operational purposes. Adoption of the budget shall be by a two-thirds majority of the Contracting Governments.

Article VIII

The Technical Committee and other Subsidiary Bodies

1. The Governing Council shall establish a Technical Committee and determine its composition and functions after consultation with the Director-General of FAO who shall report thereon to the FAO Council. The Director-General of FAO or his representative shall be a member of the Technical Committee acting in an advisory capacity.

2. The Governing Council may establish other subsidiary bodies as it deems fit.

3. The Technical Committee and other subsidiary bodies may adopt their own Rules of Procedure which shall be based on the Rules of Procedure of the Governing Council.

Article IX

The Director of DLCO-EA

1. The Governing Council shall, with the approval of the Director-General of FAO, appoint a Director of DLCO-EA who shall be the principal executive officer of DLCO-EA and, subject to any general or special directions of the Governing Council, shall be responsible for the operations of DLCO-EA. The conditions of the appointment of the Director shall be determined by the Governing Council with the approval of the Director-General of FAO.

2. The Governing Council may also, after prior consultation with the Director-General of FAO, appoint Associate Directors of DLCO-EA who shall discharge such functions as may be delegated to them by the Director with the approval of the Governing Council.

3. The duties of the Director shall be those necessary to ensure the discharge of the main functions of DLCO-EA as outlined in Article IV above. The Director shall also be responsible for:

  1. the transmission by means of periodic reports to Contracting Governments, to FAO and to the Desert Locust Information Service and to any other official body considered appropriate by the Governing Council, of full information on the nature of the locust infestations, the progress of research and the operation of control measures within the Region;

  2. the maintenance of full co-operation with all other organizations concerned with the locust problem in accordance with the general directives of the Governing Council and subject to Article XVII, paragraph 4 below;

  3. the collection of the contributions of Contracting Governments;

  4. the maintenance of the accounts of DLCO-EA.

4. The Director shall represent DLCO-EA in its relations with third parties subject to Article XVII below.

5. The Director shall open and operate on behalf on DLCO-EA such banking accounts as may be required. He shall initiate or respond to all legal actions in which DLCO-EA is involved.

6. The Director shall submit annually to the Governing Council, a report on the work of DLCO-EA covering the preceding year as well as a draft program of work and budget for the ensuing financial year. He shall transmit copies of these documents to the Contracting Governments and to the Director-General of FAO not later than one month before the regular session of the Governing Council. He shall also circulate to all Contracting Parties duly audited accounts.

Article X

Staff

1. The Governing Council shall determine the categories of staff to be appointed.

2. Subject to Article IX, paragraph 1 above, the staff of DLCO-EA shall be appointed by the Director in accordance with the staff regulations adopted by the Governing Council. The staff shall be responsible to and under the immediate supervision of the Director.

3. The staff shall be recruited on as wide a geographical basis as possible from among nationals of the Contracting Governments, provided, however, that the recruitment of staff who are not nationals of Contracting Governments shall not be precluded where considered desirable.

4. The responsibility of the entire staff, including the Director, in exercising their functions shall be international in character.

Article XI

Obligations of Contracting Governments

Each Contracting Government shall undertake to carry out within its financial resources and in the light of the provisions of Article VII, paragraph 4 above, all possible measures to control the desert locust in its territory within the Region by adopting the following procedures:

  1. maintaining a permanent desert locust information and reporting service which will inter alia submit copies of regular reports to the Director of DLCO-EA and to the Desert Locust Information Service simultaneously;

  2. maintaining in the manner most appropriate to its needs at least the nucleus of a permanent desert locust control service;

  3. promoting such research and survey work, including the maintenance of national field research stations, where appropriate, as may be compatible with its resources for the study of the desert locust and its plague dynamics;

  4. developing and supporting the training of its nationals for the service of desert locust control;

  5. facilitating the construction on its own territory of the buildings and/or airfields necessary to the operations of DLCO-EA provided for in Article IV, paragraph 2 above.

Article XII

Contributions

1. Each Contracting Government shall contribute in money, supplies or services, to the expenses of the program of work of DLCO-EA in accordance with the following scale:

Ethiopia12  percent
France percent
Kenya55  percent
Somali Republic percent
United Republic of Tanzania20  percent
Uganda percent

provided that the costs of DLCO-EA to be met from these contributions do not exceed the equivalent of US $600,000 in any financial year. The Governing Council shall at each regular session determine the proportion of the contributions to be paid in cash. In the event of additional contributions being required in exceptional circumstances, such contributions, if unanimously accepted by the Governing Council, shall be met by Contracting Governments in accordance with proportions to be agreed unanimously by the Governing Council.

The proportions indicated above shall be revised by a unanimous decision of the Governing Council:

  1. in the event of adherences in accordance with Article XIX, paragraphs 4 and 5 below;

  2. in the event of denunciation or withdrawal from this Agreement in accordance with Article XXIII below.

2. These proportions shall, after 15 October 1965, also be subject to review by the Governing Council at any regular session of the Governing Council and may be adjusted if necessary in accordance with the conclusions of such review unanimously agreed upon.

3. The Governing Council may, after prior consultation with the Director-General of FAO, accept contributions in money, supplies or services from governments not parties to this Agreement, organizations and other sources, to further the purposes of DLCO-EA.

4. Annual contributions provided for under paragraph 1 above shall be paid before the end of the first month of the financial year of DLCO-EA to which they apply.

5. Contributions shall be payable in currencies to be determined by the Governing Council after consultation with Contracting Governments.

Article XIII

Assistance from FAO

1. FAO, at the request of the Governing Council of DLCO-EA, may, to the extent feasible, offer advice and provide technical guidance on the organization and program of work of DLCO-EA. Moreover, subject to appropriate procedures, assistance may be offered in the actual implementation of the program of work of DLCO-EA through the United Nations Expanded Program of Technical Assistance, the United Nations Special Fund or other similar programs, when such a course of action is deemed appropriate and feasible by the Director-General of FAO.

2. In order to ensure co-operation between FAO and DLCO-EA through consultation, mutual assistance and joint action in fields of common interest in accordance with the principles of FAO and DLCO-EA, FAO shall invite an observer from DLCO-EA to sessions of appropriate FAO bodies dealing with desert locust control. The Director-General of FAO and the Director of DLCO-EA shall, moreover, keep each other fully informed of all relevant programs of work and projected activities of their respective Organizations which may be of mutual interest. FAO shall supply to DLCO-EA all appropriate technical documents pertaining to desert locust control which are circulated by FAO to its Member Nations and Associate Members and to its Desert Locust bodies, as well as any other relevant FAO publications.

Article XIV

Expenses relating to Attendance at Sessions of the Governing Council, the Technical Committee and other Subsidiary Bodies

1. Contracting Governments shall bear the expenses relating to the attendance of their delegations at all sessions of the Governing Council, the Technical Committee and other subsidiary bodies.

2. The expenses of experts attending in their individual capacity sessions of the Governing Council, the Technical Committee or other subsidiary bodies on the invitation of the Governing Council shall be borne by DLCO-EA.

3. FAO shall bear the expenses of the Director-General of FAO or his representative relating to their attendance at sessions of the Governing Council, the Technical Committee or other subsidiary bodies.

4. The expenses of observers attending sessions of the Governing Council, the Technical Committee or other subsidiary bodies, in the light of the provisions of Article XVII below, shall be borne by the Governments or international organizations concerned.

Article XV

Audit of Accounts

1. The Accounts of DLCO-EA shall be audited by the external auditor or auditors appointed by the Governing Council after prior consultation with the Director-General of FAO.

2. The accounts shall be audited annually.

3. The audited accounts shall be submitted to the Director-General of FAO for comments and to the Governing Council for approval.

4. The accounts, books, registers, or other documents relating to the financial management of DLCO-EA shall, at all times, be open to inspection by the representative of any Contracting Government or of the Director-General of FAO.

Article XVI

Inspection of Activities

1. The Governing Council may arrange for inspections to be made by a member of the Governing Council of the activities of DLCO-EA.

2. The Director-General of FAO, or his representative, may at any time carry out an inspection of the activities of DLCO-EA.

3. Each Contracting Government shall facilitate the accomplishment of the inspections referred to in the two preceding paragraphs, as regards its territories.

Article XVII

Relations with Governments and Organizations

1. Any arrangement between DLCO-EA and governments that are not parties to this Agreement shall be made by the Director-General of FAO.

2. Any Member Nation or Associate Member of FAO that is not a Member of DLCO-EA may, upon its request, be represented by an observer at sessions of the Governing Council, of the Technical Committee and other subsidiary bodies.

3. Governments which, while not parties to the Agreement nor Members or Associate Members of FAO are Members of the United Nations may, upon request and with the approval of the Council of FAO and of the Governing Council, attend sessions of the Governing Council.

4. Participation of international organizations in the work of DLCO-EA and the relations between DLCO-EA and such organizations shall be governed by the relevant provisions of the Constitution and the General Rules of FAO as well as by the rules on relations with international organizations adopted by the FAO Conference. All such relations shall be dealt with by the Director-General of FAO.

Article XVIII

Privileges and Immunities

1. The Contracting Governments shall extend to DLCO-EA all the facilities which they can grant for carrying out its task within their respective national territories and undertake to apply to FAO and its staff that may be in their respective territories in the Region in connection with DLCO-EA activities and, mutatis mutandis, to the property, assets and staff of DLCO-EA the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies.

2. Any serious difficulty which may arise in connection with the application of the preceding paragraph shall be reported to the Director-General of FAO by the Chairman of DLCO-EA or the Contracting Government concerned.

Article XIX

Modes of participation in the Agreement

1. FAO may become a party to this Agreement by signature by the Director-General, duly authorized to this effect by the FAO Council, in accordance with Article XV of the FAO Constitution.

2. The Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania, and Uganda may become parties to this Agreement by either:

  1. signature, or

  2. signature subject to ratification or approval followed by such ratification or approval.

3. Instruments of ratification or approval shall be deposited with the Director-General of FAO. The Director-General of FAO shall inform all the Governments mentioned in paragraph 1 above of any signature appended to this Agreement and of the receipt of any instrument of ratification or approval.

4. This Agreement once it has come into force shall be open to adherence by:

  1. Any Member Nation or Associate Member of FAO situated in the Region;

  2. Any Government that is a Member of the United Nations while not a member of FAO, whose territory is situated in the Region, after approval at any session of the Governing Council by a two-thirds majority of the Contracting Governments.

5. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO who shall inform all Contracting Governments, all Member Nations and Associate Members of FAO and the Secretary-General of the United Nations. Adherences shall become effective as from the date of receipt of the instrument of adherence by the Director-General of FAO.

Article XX

Reservations

Signature of or adherence to this Agreement may not be made subject to any reservation.

Article XXI

Territorial Application

When becoming a party to this Agreement, each Government shall specify the scope of the territorial application of this Agreement as regards that Government. In the absence of such a declaration, the Agreement shall be deemed to apply to all the territories of the country concerned which are situated in the Region.

Article XXII

Amendments

1. This Agreement may be amended at any session of the Governing Council by decision taken by two-thirds of the Contracting Governments, providing notice of the proposed amendment has been given by the Director-General of FAO to all Contracting Governments at least 120 days before the opening of the session at which the amendment is to be considered.

2. Proposals for the amendment of the Agreement may be formulated by any Contracting Government, the Governing Council or the Director-General of FAO and, in the case of the former two, shall be communicated to the Director-General of FAO.

3. Any amendment adopted by the Governing Council shall become effective only with the concurrence of the FAO Council, unless the FAO Council considers it desirable to refer the amendment to the Conference for approval, and shall come into force only from the date of the decision of the FAO Council or Conference as the case may be, provided that any amendment involving new obligations for the Governments that are parties to this Agreement shall, after adoption by the Governing Council, come into force in respect to each such Government only on its acceptance of such amendment.

4. Instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO. The rights and obligations of Contracting Parties that have not accepted an amendment involving additional obligations shall continue to be governed by the provisions of the Agreement as they stood prior to the amendment.

5. The Director-General of FAO shall inform all Contracting Governments and the Secretary-General of the United Nations of the entry into force of the amendments and of the receipt of acceptances of amendments involving new obligations.

Article XXIII

Denunciation

1. Any Contracting Government may at any time after 15 October 1967 or after the expiration of one year from the date on which it became a party to this Agreement, whichever is the later, denounce this Agreement by a written notification to the Director-General of FAO. The Director-General of FAO shall immediately inform all Contracting Governments, Member Nations and Associate Members of FAO as well as the Secretary-General of the United Nations of the receipt of such notification.

The denunciation shall take effect one year after the date of receipt by the Director-General of FAO of the notification of denunciation.

2. The Director-General of FAO, acting in pursuance of a decision of the FAO Conference or Council, may at any time by written notification to all Contracting Governments, the Chairman of the Governing Council and to the Director of DLCO-EA denounce this Agreement.

3. The financial obligations of Governments having denounced the Agreement shall include the entire financial year in which the denunciation takes effect.

4. Any Member Nation or Associate Member of FAO party to this Agreement, that gives notice of withdrawal from FAO, shall be deemed to have simultaneously denounced this Agreement subject to the provisions of Article XIX paragraph 4(b).

Article XXIV

Termination

1. This Agreement shall be terminated if:

  1. it is denounced by FAO, or

  2. the number of Contracting Governments, as the result of denunciations, falls below four. In this case, the Agreement may be maintained in force if the remaining Governments unanimously so decide, with the concurrence of the FAO Council.

2. Termination shall be effective one year after it has been denounced by FAO or after receipt by the Director-General of FAO of the necessary notifications from Contracting Governments.

Article XXV

Liquidation

In the case of termination of the Agreement, the Governing Council, with the approval of the Director-General of FAO shall appoint one or more executors who shall determine the assets, pay the debts and carry out all necessary operations under the supervision of the Director-General of FAO, and in particular distribute remaining assets among the Contracting Governments in proportion to the contributions they have paid throughout the period of operation of DLCO-EA, subject to any claims or rights of FAO, taking into particular account contributions in kind which may have been made by the Contracting Parties.

Article XXVI

Interpretation and Settlement of Disputes

Any dispute regarding the interpretation or application of this Agreement, if not settled by the Governing Council in consultation with the Director-General of FAO, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the dispute arose. If as the result of this procedure the dispute is not settled it shall be referred to the International Court of Justice in accordance with the Statute of the Court or Article XVII-2 of the FAO Constitution, unless the parties to the dispute agree to another method of settlement. In the case of an advisory opinion by the International Court of Justice, such opinion shall be given the most serious consideration by the Parties to this Agreement.

Article XXVII

Entry into Force

This Agreement, approved by the FAO Council on the second day of July 1965 and constituting an amended version of the Convention for the Establishment of the Desert Locust Control Organization for Eastern Africa signed on 20 August 1962, shall come into force as soon as the Governments of Ethiopia, France, Kenya, Somali Republic, the United Republic of Tanzania and Uganda and FAO have become parties thereto. The Director-General of FAO shall immediately inform all signatory Governments of the coming into force of this Agreement.

Done at Rome on the second day of July one thousand nine hundred and sixty five in two copies, each in the English and French languages, which languages shall be equally authoritative. One copy of the Agreement shall be deposited with the Secretary-General of the United Nations for registration and the other in the archives of FAO.

IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement on behalf of the respective Governments and FAO on the dates appearing opposite their signatures.

APPENDIX G
AGREEMENT BETWEEN FAO AND THE INTER-AMERICAN DEVELOPMENT BANK

The Director-General of the Food and Agriculture Organization of the United Nations (hereinafter called FAO) and the President of the Inter-American Development Bank (hereinafter called IDB),

CONSIDERING

That among the basic objectives of the two organizations is that of promoting agricultural development in Latin America, as evidenced in the conclusions of the Eighth Regional Conference of FAO and in the deliberations of the Workshop on Agricultural Financing in Latin America, the latter sponsored by IDB, and both having been held in Viña del Mar, Chile; and

That the experience of co-operation between the two organizations has given proof of the desirability of making an Agreement for the co-ordination and promotion of their activities in the field of financing the agricultural sector,

HAVE AGREED AS FOLLOWS:

ARTICLE I

Purpose

By the terms of this Agreement, IDB and FAO agree to co-ordinate their activities in the field of agriculture, the said activities being construed as those having relation to agriculture in the strict sense, animal husbandry, forestry, fisheries and all procedures of conservation, processing, and marketing of, and trade in, products resulting from such activities and, again, all agricultural activities connected with the economic integration of Latin America. Whenever IDB shall require the assistance of an external organization for agricultural projects, preference shall be given to FAO, without prejudice, however, to the right of IDB to seek the collaboration of other organizations, whether public or private, in certain projects, in which case due notification shall be given to FAO of the procedure adopted.

ARTICLE II

Co-ordination Programs

  1. IDB may request the collaboration of FAO in the following cases:

    1. identification, preparation and execution of agricultural projects for economic and social development in countries that are members of both organizations;

    2. evaluation of the said projects, in operations specific to IDB;

    3. training of technical staff under IDB programs, the holding of seminars, study courses and surveys in fields contemplated in Article I of this Agreement;

    4. study of economic development in general or agricultural development in particular, in countries that are members of both organizations.

  2. FAO may take the initiative in bringing to the cognizance of IDB all projects it may deem to be of such a nature for the latter to consider the possibility of financing them in accordance with its regulations and policies.

ARTICLE III

Procedure

Agreement shall be required in each case regarding the terms and conditions under which FAO and IDB contribute to a specific project and the procedure to be followed in the execution of the same. In such cases, staff nominated by FAO and IDB shall be appointed by agreement between the parties. When IDB and FAO have reached agreement on a specific project the parties may further agree to invite the participation of another organization in that project.

ARTICLE IV

Liaison

IDB and FAO shall each appoint officers to be responsible for the co-ordination of activities entered into by virtue of this Agreement.

ARTICLE V

Financing

The expenses originating from the execution of the specific operations under Article II of this Agreement shall be shared between the parties concerned in the manner and ratio to be determined by prior agreement in each specific case. FAO's share will consist of general overhead costs, including office accommodation and other identifiable indirect expenditures including short-term mission personnel. With regard to the contribution of the IDB, the aforementioned prior agreement will establish the expenditures for which it will be responsible.

ARTICLE VI

Duration of the Agreement

  1. This Agreement shall have an initial duration of two years and shall be deemed to have been tacitly extended for successive periods, likewise of two years, unless either of the parties makes known the intention to terminate it, subject to 60 days' notice being given prior to the expiry of any of the above-mentioned two-year periods;

  2. Either party may also terminate this Agreement in the course of such two-year periods, provided six months' notice is given to the other party;

  3. It is understood that the termination of this Agreement shall in no case affect the completion, by the date established in each case, of specific projects underway, in particular as regards the terms of Article III.

ARTICLE VII

Amendments

The provisions of this Agreement may be amended subject to the approval of both parties.

IN FAITH WHEREOF, the duly authorized representatives of the Inter-American Development Bank and of the Food and Agriculture Organization of the United Nations have signed this Agreement in two copies both to be equally authentic in the city of                               on the                   day of                   1965.


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