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PREAMBLE

The Food and Agriculture Organization of the United Nations (hereinafter referred to as " the Organization " ) .

The Government of the Republic of Venezuela (hereinafter referred to as " the Government of Venezuela "), and such other Member Nations and Associate Members of the Organization as become parties to this Agreement in accordance with the provisions of Articles II and XV of this Agreement,

ARTICLE I

1. The Organization, the Government of Venezuela and the other Member Nations and Associate Members of the Organization that are parties to this Agreement hereby establish on a permanent basis the Latin American Forest Research and Training Institute (hereinafter referred to as " the Institute "), which is placed under the auspices of the Organization and the above-mentioned nations, and whose objectives and structure shall be those stated in the following articles.

2. The seat of the Institute shall be the Forestry School of the University of Los Andes, Mérida, in the State of Mérida, Republic of Venezuela.

ARTICLE II

Participation in this Agreement shall be open to:

ARTICLE III

1. The aims and functions of the Institute shall be:

2. The aforementioned activities shall be carried out in co - operation with the Forestry School of the University, of Los Andes.

ARTICLE IV

The organs of the Institute shall be:

ARTICLE V

1. The Governing Council shall consist of:

2. The representative of the Government of Venezuela and the other Member Nations and Associate Members that are parties to this Agreement shall each have one vote. The President shall vote in the case of a tie only. The Governing Council shall elect three Vice - Presidents from among its members and shall adopt its own rules of procedure. The Director of the Institute shall act as Secretary of the Governing Council.

3. The Governing, Council shall meet at least once every two years, preferably in conjunction with the Latin American Forestry Commission of the Organization, and at the place where the Commission holds its session.

4. The Governing Council shall at the first session following the entry into force of this Agreement approve the broad guiding lines for a long - term program of work of the Institute.

5. The Governing Council shall also have the following functions:

6. The program of work and budget of the Institute shall, after having been approved by the Governing Council, be transmitted to the Regional Committee of Forestry Research of the Latin American Forestry Commission for any comments that the Regional Committee may consider pertinent and which may serve as guidance with respect to future programs of work and budgets.

ARTICLE VI

1. The Executive Committee shall be composed of the President, the three Vice Presidents of the Governing Council, the representative of the Government of Venezuela or his alternate, and the Director General of the Organization or his representative acting in an advisory capacity. The representative of the Government of Venezuela and each Vice - President, except when acting as President, shall have one vote. The President shall vote in case of a tic only. The Director of the Institute shall act as the Secretary of the Executive Committee.

2. The Executive Committee shall hold at least one session every year at the seat of the Institute on the date provided for in the Rules of Procedure. Furthermore, the Executive Committee may hold special sessions elsewhere when necessary.

3. The functions of the Executive Committee shall be as follows:

In case of an emergency arising between two sessions of the Executive Committee, the President shall take appropriate measures with respect to the foregoing functions and shall report thereon to the next session of the Executive Committee.

ARTICLE VII

1. The President of the Institute shall be appointed by the Governing Council for a period of four years on the basis of a nomination submitted by the Government of Venezuela in consultation with the Director General. The President of the Institute shall be the President of the Governing Council and the President of the Executive Committee. He shall be the legal representative of the Institute in all its transactions.

2. The President shall be responsible for the relations between the Institute and the Forestry Science Faculty of the University of Los Andes, bearing in mind the needs of both bodies.

3. Subject to the provisions of Article XXV of this Agreement, the President shall be responsible for all official relations between the Institute and the research centers in Venezuela or abroad, as well as for the relations with governments and international organizations.

4. The President shall appoint and terminate the technical and administrative staff of the Institute on the basis of proposals made by the Director.

5. The President shall convene the sessions of the Governing Council and of the Executive Committee, in accordance
with the provisions of the Rules of Procedure of the Institute.

6. In addition to the functions mentioned in this Article, the President shall perform such other functions as are provided for in other Articles of this Agreement.

7. The remuneration of the President and the allowances attached to his office shall be determined by the Governing Council and shall be provided for in the budget of the Institute.

ARTICLE VIII

1. The Governing Council, after consultation with the Director - General of the Organization, shall appoint a Director on a full - time basis.

2. The Director shall be under the authority of the President and shall have the following functions:

3. The Director shall be appointed for a term of four years. The conditions of his appointment shall be fixed by the Governing Council on the proposal of the Executive Committee, which may approve them provisionally, subject to confirmation by the Governing Council at its next session. In cases of absence or inability of the Director to perform his duties, the Executive Committee shall designate an officer of the Institute to replace the Director provisionally. The Executive Committee may suspend the Director if it considers such action indispensable in serious cases. The Executive Committee shall, however, convene a special session of the Governing Council to solve the situation.

ARTICLE IX

The technical staff of the Institute shall be recruited on as wide a geographical basis as possible. The administrative and technical personnel shall be responsible to the President and shall be under the immediate supervision of the Director. The responsibility of the entire staff, including the Director, in exercising their functions shall be international in character.

ARTICLE X

The Government of Venezuela shall ensure that the University of Los Andes shall continue to make available the lands, buildings, furniture, equipment and public utilities listed in Annex A to this Agreement and assumes responsibility for their maintenance and protection. Any expansion of these facilities which the Institute may propose shall be the object of an agreement between the Faculty and the Executive Committee of the Institute.

ARTICLE XI

1. The Institute shall be financed by annual contributions paid directly into the account of the Institute with the Central Bank of Venezuela by the Government of Venezuela and the other Member Nations and Associate Members that are parties to this Agreement, in accordance with a scale of contributions to be approved by at least two thirds of the Member Nations and Associate Members parties to this Agreement. For the first five years after this Agreement has come into force these contributions shall be in accordance with the scale indicated in Annex B hereto, which scale takes into account the greater responsibility of the Government of Venezuela as well as the size and importance of the forest resources of the other Member Nations and Associate Members that are parties to this Agreement.

2. Contributions to be paid by Member Nations or Associate Members of the Organization which are parties to this Agreement but are not listed in Appendix B shall be determined by the Governing Council by a two - thirds majority of the votes cast.

3. The Organization, at the request of the Institute, may offer advice and provide technical guidance on the organization and program of work of the Institute. Assistance may likewise be offered by the Organization in the actual implementation of the program of work of the Institute by making available the services of specialists who might be appointed by the Organization on a regional basis under the Expanded or similar Technical Assistance Programs when such a course of action is deemed appropriate and feasible by the Director - General of the Organization. The Director - General of the Organization may also exceptionally, subject to budgetary approval by the Conference, offer assistance financed out of the Regular Budget of the Organization.

4. The Executive Committee shall be empowered to accept gifts, legacies and grants from governments, institutions or private persons, provided that these gifts, legacies and grants are for purposes in keeping with the aims and functions of the Institute.

5. The Government of Venezuela and the other contracting Member Nations and Associate Members of the Organization undertake to promote the establishment of a private foundation in conformity with the applicable national laws. The purpose of this foundation shall be to act as sponsor of the Institute and to this effect collect monies from public and private sources and to create with these monies a fund, the income of which will be used exclusively toward financing the activities of the Institute.

6. The Executive Committee shall prepare and submit for the approval of the Governing Council a draft program of work and budget of the Institute for the ensuing financial period, within the limits of the foreseeable resources for that period. Whenever unforeseen budgetary income accrues, the Executive Committee shall decide what use shall be made of it and shall report its decision to the next session of the Governing Council.

7. The financial regulations shall establish the rules to be followed for disbursing, within the limits of the approved budget, ordinary expenditure for the administration of the Institute, as well as for any requirements which may be deemed necessary in connection with transfers within the budget.

8. The Executive Committee shall make the necessary arrangements for an independent audit of the accounts of the Institute.

ARTICLE XII

1. The Institute shall be recognized as an international institution having the capacity of a legal person to perform any legal act appropriate to its purpose which is not beyond the powers granted it by this Agreement.

2. Save for the obligations expressly provided for in this Agreement, the Organization, the Government of Venezuela and the other contracting Member Nations or Associate Members and the University of Los Andes shall not be responsible for any civil, financial or other obligations in respect of the Institute.

3. The Government of Venezuela shall accord to the Institute the immunities and facilities which are necessary for the operation of the Institute and the achievement of its objectives, including inviolability of premises and archives, immunity from suit and, subject to the procedure required by law, exemption from taxation and import duties and from restrictions on articles intended for the exclusive use of the Institute.

4. The Government of Venezuela and each of the other Member Nations and Associate Members of the Organization parties to the Agreement shall accord to the members of the Governing Council as well as to the staff of the Institute, other than their own nationals, the privileges and immunities which are necessary for the performance of their duties.

5. Moreover, the Government of Venezuela shall facilitate the entry into and the stay in Venezuela, subject to the observance of the appropriate provisions that may be in force, of representatives of Member Nations and Associate Members of the Organization parties to the Agreement to visit the Institute and become acquainted with its activities and facilities.

ARTICLE XIII

The President shall each year submit to the Executive Committee technical, administrative and financial reports on the work accomplished by the Institute. These reports, together with any comments and recommendations thereon of the Executive Committee and a report by the Executive Committee on any action taken by the Executive Committee shall be submitted to the Governing Council. The report of the Governing Council on the matters dealt with in these reports, together with its own comments, recommendations and decisions, shall be communicated to the Government of Venezuela, to the other contracting Member Nations and Associate Members, and to the Regional Forest Research Committee of the Latin American Forestry Commission for submission, with its comments, to the Council of the Organization. This report shall also be made available to other interested Member Nations and Associate Members of the Organization on their request.

ARTICLE XIV

The Executive Committee shall prepare and adopt such rules and regulations as may be necessary for the work and functioning of the Institute. They shall comprise rules relating to the functioning of the organs of the Institute (rules of procedure) to the staff (staff regulations) and to the financial management of the Institute (financial regulations). Subject to their adaptation to the special requirements of the Institute, these rules and regulations shall be based on the relevant provisions of the Rules and Regulations of the Organization. They shall be submitted for confirmation to the Governing Council at its next session.

ARTICLE XV

1. Acceptance of this Agreement by the Government of Venezuela and the governments of the other contracting Member Nations and Associate Members shall be effected by the deposit by each such government of an instrument of acceptance with the Director - General of the Organization and shall take effect on the receipt of this instrument by the Director - General, who shall inform the President of the Institute, the Government of Venezuela, all the other parties to the Agreement, the other Member Nations and Associate Members of the Organization and the Secretary - General of the United Nations.

2. Acceptance of this Agreement by the Organization shall be effected by the adoption by the Conference of the Organization of the resolution approving this Agreement referred to in the testimonium to this Agreement.

3. After acceptance by the Organization this Agreement shall enter into force as soon as instruments of acceptance have been received by the Director - General of the Organization from the Government of Venezuela and four other Member Nations, providing such acceptances are received within one year of the date of approval of this Agreement by the Conference of the Organization.

ARTICLE XVI

1. This Agreement may be amended with the approval of two thirds of the Member Nations and Associate Members of the Organization which are parties to this Agreement, provided that Venezuela is among such nations.

2. Any such amendment shall become effective only with the concurrence of the Council of the Organization, unless the 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 Council or Conference as the case may be, providing that any amendment involving new obligations for & nations that are parties to this Agreement shall come into force in respect of each such nation only on its acceptance of such amendment.

3. Instruments of acceptance of amendments involving new obligations shall be deposited with the Director - General of the Organization, who shall inform all Member Nations or Associate Members of the Organization that are parties to this Agreement, as well as the Secretary - General of the United Nations, of the receipt of acceptances and the entry into force of amendments. The rights and obligations of any Member Nation or Associate Member of the Organization that is a party to this Agreement that has 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.

ARTICLE XVII

The acceptance of this Agreement may not be made subject to any reservation.

ARTICLE XVIII

Member Nations of the Organization that become parties to this Agreement shall, at the time of acceptance, state explicitly to which territories this Agreement shall extend. In the absence of such a declaration, the Agreement shall be deemed to apply to all the territories situated in the Latin American region for the international relations of which the government concerned is responsible. Subject to the provisions of Article XX of this Agreement, the scope of the territorial application may be modified by a subsequent declaration.

ARTICLE XIX

Any dispute regarding the interpretation or application of this Agreement, if not settled by the Governing Council, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition a chairman chosen by the other 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 arose. If as the result of this procedure the dispute is not settled, a solution shall be sought through any of the peaceful means mentioned in the Charter of the United Nations.

ARTICLE XX

1. Any party to this Agreement may denounce the Agreement at any time after the expiration of one year from the date of its acceptance or of the entry into force of the Agreement, whichever is the later. Such denunciation shall take effect six months after the date of receipt by the Director - General of the Organization of the notification thereof. The Director - General of the Organization shall inform the President of the Institute, the Government of Venezuela, all the other parties to the Agreement and the other Member Nations and Associate Members of the Organization, as well as the Secretary-General of the United Nations of the receipt of such notification. The financial obligations of the party having denounced the Agreement shall include the entire financial period in which the denunciation takes effect.

2. A Member Nation of the Organization, party to this Agreement, that is responsible for the international relations of more than one territory shall, when denouncing this Agreement, state to which territory or territories the denunciation is to apply. In the absence of such a declaration, the denunciation shall be deemed to apply to all the territories situated in the Latin American region for the international relations of which the Member Nation concerned is responsible, with the exception of Associate Members.

3. Any Member Nation or Associate Member of the Organization, party to this Agreement, that gives notice of withdrawal from the Organization shall be deemed to have simultaneously denounced this Agreement, and this denunciation shall be deemed to apply to all the territories for the international relations of which the Member Nation concerned is responsible.

ARTICLE XXI

1. This Agreement shall be terminated if:

Termination shall be effective six months after the President of the Institute has been informed by the Director - General of the receipt of the necessary notifications.

2. Upon termination of this Agreement, and once the above - mentioned period has elapsed, the Executive Committee
in consultation with the Government of Venezuela shall return to the Forestry Science Faculty of the University of Los Andes all properties put at the disposal of the Institute by the said faculty and will liquidate all the remaining assets of the Institute. After all obligations have been met, the balance will be distributed among the Government of Venezuela and the other contracting Member Nations and Associate Members in proportion to the contributions they have paid throughout the period of operation of the Institute both on a provisional and on a permanent basis. Participating governments which at the time this Agreement is terminated are in arrears of two annual contributions, even if they are not consecutive, shall not be entitled to receive any share of the assets.

ARTICLE XXII

The English, French and Spanish texts of this Agreement shall be equally authentic.

ARTICLE XXIII

1. At sessions of the Governing Council the majority of the representatives of the Member Nations or Associate Members of the Organization that are parties to this Agreement shall constitute a quorum. If this figure is not obtained, the quorum shall be constituted by the representatives of four Member Nations or Associate Members that are parties to this Agreement, provided that they include the representative of the Government of Venezuela and, in addition, the President or one of the Vice - Presidents of the Governing Council. The presence of any four members of the Executive Committee shall constitute its quorum.

2. Except as otherwise provided by this Agreement or the relevant rules or regulations, the required majority for any decision by the Governing Council or the Executive Committee shall be more than half of the votes cast. The phrase, votes cast" shall mean affirmative and negative votes and shall not include abstentions or blank votes.

ARTICLE XXIV

Expenses relating to attendance at sessions of the Governing Council and Executive Committee:

1. The expenses of the members of the Governing Council and of the Executive Committee when attending sessions of these bodies shall be borne by the respective governments. The expenses of the staff members of the Institute and of experts acting in an individual capacity who, in the opinion of the Executive Committee, should attend sessions of the Governing Council of the Executive Committee as well as the expenses of the President and the Director shall be borne by the Institute.

2. The Organization shall be responsible for the expenses of the Director - General or his representative in connection with attendance at sessions of the Governing Council or the Executive Committee. Any such expenses, when borne by the regular budget of the Organization, shall be determined and paid within the limits of the relevant item of the budget of the Organization as approved by the Conference.

ARTICLE XXV

Relations with Governments and Organizations

1. The provisions relating to the granting of observer status to nations adopted by the Conference of the Organization shall apply mutatis mutandis to meetings of the Institute or those convened under its auspices.

2. In its relations with international organizations, the Institute shall be guided by the principles governing the relations between the Organization and international organizations.

3. Any arrangements between the Institute and nations that are not parties to this Agreement shall be made in consultation with the Government of Venezuela and the Director - General of the Organization.

The present Agreement for the establishment of a Latin American Forest Research and Training Institute having been approved by the Conference of the Organization on 18 November 1959 by Resolution No. 73/59, the undersigned, the Chairman of the Tenth Session of the Conference of the Organization and the Director - General of the Organization, hereby certify that this document constitutes a true copy of the text of the Agreement as approved by the Conference of the Organization. This document shall be deposited in the archives of the Organization. Two additional documents identical to the present one and likewise certified by the Chairman of the Tenth Session of the Conference and the Director - General of the Organization, shall be transmitted, one to the Government of Venezuela and the other to the Secretary - General of the United Nations for registration. The Director - General of the Organization shall certify copies of this Agreement and transmit one such copy to each Member Nation or Associate Member of the Organization.

Rome, 20 November 1959

List of Premises, Equipment and Materials referred to In Article X of the Agreement

Three independent offices equipped with desks, chairs, typewriters and appropriate tables, filing cabinets without cards.

One office installed in the Herbarium Hall.

One office in one of the Chemistry and Soils Laboratory Halls.

Both of the foregoing to be equipped in the same way as the three mentioned in paragraph.

One completely equipped chemistry laboratory.

Wood anatomy laboratory: one micro-tome and other conventional equipment.

Botany and dendrology laboratory: with the conventional equipment.

Wood - testing laboratory with equipment, as follows:

One hydraulic press. Maximum capacity, adjustable to 3,000, 6,000, 12,000, 30,000 and 60,000 kilograms.
One pneumatic press. Maximum capacity, adjustable to 1,200, 3,000, 6,000 and 12,000 kilograms.
One machine for testing toughness of wood.

For the various uses of the above equipment, all accessories required for the following mechanical tests: bending, compression according to grain, resistance to cutting, compression perpendicular to grain, hardness, tension perpendicular to grain, cleavage and toughness.

SCALE OF CONTRIBUTIONS

	U.S. dollars
Argentina	5000
Bolivia	5000
Brazil	5000
Colombia	5000
Mexico	5000
Paraguay	5000
Peru	5000

	U.S. dollars
Chile	3000
Costa Rica	3000
Cuba	3000
Dominican Republic	3000
Ecuador	3000
El Salvador	3000
France	3000
Guatemala	3000
Haiti	3000
Honduras	3000
Netherlands	3000
Nicaragua	3000
Panama	3000
Uruguay	3000
United Kingdom	1250

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