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CONSTITUTIONAL AND LEGAL MATTERS

Report of the Thirty-ninth Session of the Committee on Constitutional and Legal Matters (Rome, 29 September - I October 1980)

New Memorandum of Understanding between FAO, the African Development Bank and the African Development Fund1

208. The Council recalled that at its Forty-ninth Session (October 1967), it had approved a Memorandum of Understanding between FAO and the African Development Bank 2. This Memorandum of Understanding had entered into force on 1 June 1968 and had been confirmed by the Conference at its Fourteenth Session (November 1968).

209. Since the conclusion of this Memorandum of Understanding, FAO had considerably expanded its cooperation with regional and sub-regional development banks and other financing institutions and, at its Seventy-fifth Session (June 1979), the Council had supported the Director-Generalís intention to bring about greater uniformity in the agreements with financing institutions 3. In this context, the Memorandum of Understanding with the African Development Bank had been reviewed and the Director-General had negotiated a new Memorandum of Understanding covering arrangements for cooperation with the African Development Bank and also the African Development Fund 4.

210. The Council noted that the new Memorandum of Understanding set out inter-secretariat arrangements, including cost-sharing arrangements on the lines of those applicable to other regional financing institutions, and that unlike the 1968 Memorandum of Understanding, it did not contain any provisions having programme implications or entailing financial commitments for a given biennium or regarding the deployment of staff. Accordingly, the new Memorandum of Understanding did not require formal approval by the Council and confirmation by the Conference.

211.The Council further noted that the 1968 Memorandum of Understanding would have to be terminated before it could be replaced by the new one and that it was proposed that it be terminated by mutual consent rather than by one of the parties denouncing it in accordance with its Section IV.1.

212. The Council noted that the Programme Committee, the Finance Committee and the Committee on Constitutional and Legal Matters had considered the question in the light of their respective fields of competence and had recommended that the 1968 Memorandum of Understanding be terminated by mutual consent 5. In this connexion, the Council was informed that the Executive Board of Directors of the African Development Bank had recently agreed to the 1968 Memorandum of Understanding being terminated and replaced by the new one and that it was expected that the necessary formalities for the African Development Fund to conclude the new Memorandum of Understanding would be completed shortly.

213. The Council agreed that the 1968 Memorandum of Understanding be terminated by mutual consent and welcomed the fact that the Director-General and the President of the African Development Bank and Fund would soon be in a position to sign the new Memorandum of Understanding.

Other Constitutional and Legal Matters, including:

Date for Nominations for the Office of Director-General.6

214. By Resolution 40/75 of the Eighteenth Conference Session, the Director-General was appointed for a period of six years from 1 January 1976, the term of office expiring on 31 December 1981. Under Rule XXXVI-1(a) of the General Rules of the Organization (GRO), it was necessary for the Council to set the date for nominations for the office of Director-General.

215. The Council decided that nominations for the office of Director-General should be communicated to the Secretary-General of the Conference at the latest by 10 April 1981 at 17.30 hours, and that such nominations should be circulated by the Secretary-General to all Member Nations of the Organization by 4 May 1981.

Applications for Membership in the Organization: Equatorial Guinea, Tonga, Zimbabwe 7

216. The Council was informed that Equatorial Guinea, Tonga and Zimbabwe had applied for membership in the Organization.

217. Pending a decision by the Conference on these applications, the Council, acting in pursuance of Rule XXV-11 GR0 and paras. B-I, 3-2 and B-5 of the "Statement of Principles on the Granting of Observer Status to Nations", authorized the Director-General to invite these applicants to participate in an observer capacity at appropriate Council meetings, as well as at regional and technical meetings of the Organization of interest to them.

Changes in Representation of Member Countries on the Programme Committee 8

218. In accordance with Rule XXVI-4(a) of the General Rules of the Organization (GRO), the Council was informed of the qualifications and experience of the substitute representative on the Programme Committee of the Government of Guinea.

Invitations to Non-Member Nations to Attend FAO Sessions 9

219. The Council took note of the invitations issued by the Director-General on request to non-Member Nations to attend FAO sessions in accordance with paragraphs B-I and B-2 of the "Statements of Principles relating to the Granting of Observer Status to Nations" 10.

Agreement with the International Fund for Agricultural Development (IFAD) -Arabic, French, Spanish and Chinese versions11

220. At its Seventy-fifth Session the Council had agreed that versions of this Agreement in all FAO and IFAD languages should be established in consultation between the Secretariats of both Organizations and submitted to the Council at a later session (CL 75/REP, para. 202). The Council now had before it a document (CL 78/29) containing the Arabic, French and Spanish texts of the Agreement as established in consultation between FAO and IFAD Secret- ariats, plus a Chinese version which did not call for consultation with the IFAD Secretariat, since Chinese was not an official language of IFAD.

221. Noting that the English version of the Agreement had been approved at its Seventy- second Session, the Council decided to approve the Arabic, Chinese, French and Spanish versions contained in document CL 78/29.


1 CL 78/20; CL 78/3, paras. 74-76; CL 78/4, paras. 66-71; CL 78/5, paras. 4-8; CL 78/5- Corr.1 (French only); CL 78/PV/14.

2 CL 78/20, Appendix A.

3 CL 75/REP, para. 151.

4 CL 78/20, Appendix B.

5 CL 78/3, para. 76; CL 78/4, para. 71; CL 78/5, para. 8.

6 CL 78/23; CL 78/PV/14.

7 CL 78/PV/14.

8 CL 78/3; CL 78/INF/9; CL 78/PV/14.

9 CL 78/LIM/2; CL 78/PV/14.

10 See FAO Basic Texts, Volume II, Section L (Appendix).

11 CL 78/29; CL 78/PV/14.

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