THE
PARTIES TO THIS AGREEMENT:
Noting the growing importance of international trade as an engine of growth and
development and its potential for contributing to the alleviation of poverty,
Further
noting the importance of trade-related capacity-building and technical
co-operation for strengthened participation by developing countries in
the multilateral trading system,
Reaffirming their commitment to a fair multilateral trading system and a more
inclusive World Trade Organization (WTO),
Recognising the importance of strengthening the capacity of resource-constrained developing
countries and countries with economies in transition, including small,
vulnerable economies, with a priority to least-developed countries and
countries without representation in Geneva, to participate effectively
in the WTO and in the international trading system and sharing the aspiration
that all WTO Members and Observers be appropriately represented in Geneva,
Further
recognising the difficulties faced by these resource-constrained countries
in participating effectively in the WTO, particularly when they have no
representation in Geneva,
Responding to the urgent need and desire of these resource-constrained countries
for trade-related technical co-operation and capacity-building to enable
their effective participation in the WTO work programme and negotiating
process, and the emphasis placed on these needs in the Doha Ministerial
Declaration approved by Ministers at the Fourth Session of the WTO Ministerial
Conference, and reiterated in paragraph 38 of the Monterrey Consensus
approved by heads of State and Government attending the UN International
Conference on Financing for Development,
Acknowledging the effectiveness of the assistance provided to the resource-constrained
countries since 1998 by the Swiss-financed Agency for International Trade
Information and Co-operation (AITIC), the unique role that AITIC plays
in offering individual country-specific support, the growing demand for
such assistance, and the efforts made to meet this demand,
Desiring,
on a basis of partnership amongst resource-constrained and donor countries,
to provide AITIC with a broader funding base, an inclusive governance
structure and an appropriate legal basis,
HAVE AGREED
AS FOLLOWS:
Article
1
Establishment of AITIC
The
Agency for International Trade Information and Co-operation, (hereinafter
referred to as "AITIC") is hereby established as an intergovernmental
organisation.
Article
2
Objectives of AITIC
The
objectives of AITIC are to assist resource-constrained developing countries
and countries with economies in transition, including small, vulnerable
economies, with a priority to least-developed countries and countries
without permanent representation in Geneva, (hereinafter referred to as
"Participating Members") to participate effectively in the World Trade
Organization (WTO) and in the international trading system, by:
(a)
assisting Participating Members to better understand trade policy issues
and the multilateral trading system;
(b)
assisting Participating Members, in pursuit of their trade policy objectives,
in preparing for negotiations and other activities of the WTO; and
(c) disseminating
information and analysis for Participating Members on WTO negotiations,
multilateral trade policy activities and trade-related technical co-operation
and capacity building, taking into account the provisions of Article 4.
Article
3
Functions
1.
The functions of AITIC shall be to:
(a)
observe developments in the multilateral trading system and in negotiations
and other work of the WTO, as a basis for providing information and advice
thereon to Participating Members;
(b)
collect, analyse and disseminate to Members, in English, French and Spanish,
synthesised information regarding negotiations and other work of the WTO
pertinent to the concerns of Participating Members;
(c)
render country-specific and ad hoc assistance and advice, on demand,
to individual Participating Members;
(d)
provide services to meet the particular needs of Participating Members
with no representation in Geneva;
(e)
organise informal meetings, training sessions and workshops focused on
enhancing negotiating capacities and skills, including with other agencies
and regional organisations;
(f)
perform other functions assigned to it by the Council of Representatives.
2.
The services provided by AITIC to Participating Members shall also be
available to non-Member resource-constrained developing countries and
countries with economies in transition, including small, vulnerable economies,
with a priority to least-developed countries and countries without permanent
representation in Geneva, on terms and conditions to be determined by
the Council of Representatives.
Article
4
Relations with other Organisations
1.
AITIC shall make appropriate arrangements for effective co-operation with
other intergovernmental organisations that have responsibilities related
to those of AITIC, especially the World Trade Organization, the United
Nations Conference on Trade and Development, the International Trade Centre
and the Advisory Centre on WTO Law, with a view to furthering the objectives
of this Agreement and to avoid duplication of efforts.
2.
AITIC shall also make appropriate arrangements for consultation and co-operation
with non-governmental organisations and academic institutions concerned
with matters related to those of AITIC.
Article
5
Membership
1.
AITIC shall have Participating and Sponsoring Members.
2.
Membership of AITIC as a Participating Member shall be open to all resource-constrained
developing countries and countries with economies in transition, including
small, vulnerable economies, least-developed countries and countries without
permanent representation in Geneva.
3.
Membership of AITIC as a Sponsoring Member shall be open to other countries
and customs territories interested in promoting greater participation
of Participating Members in the multilateral trading system through sponsoring
trade co-operation and capacity building projects and contributing to
AITIC's activities. The form of the contribution by Sponsoring Members
is covered in Article 11.
Article
6
Structure of AITIC
AITIC
shall function through a Council of Representatives, an Executive Board,
and a Secretariat headed by an Executive Director.
Article
7
Council of Representatives
1.
The Council of Representatives, hereinafter called the Council, shall
consist of the representatives of the Sponsoring Members and Participating
Members. The Council shall elect its Chairman and other officers. The
Council shall meet as appropriate, at least once every year, to:
(a)
evaluate the performance of AITIC on a regular basis and, as appropriate,
provide guidance for its future work, in the light of a report by the
Executive Director;
(b)
elect the Executive Board;
(c)
adopt regulations;
(d)
adopt the annual budget;
(e)
adopt decisions regarding replenishment of AITIC's financial resources;
(f)
approve the annual work programme;
(g)
approve the Annual Report on AITIC's activities;
(h)
appoint an external auditor;
(i)
perform any other function assigned to it under other provisions of this
Agreement and relevant to furthering the objectives of AITIC.
2.
The Council shall adopt its rules of procedure.
Article
8
Executive
Board
1.
The Executive Board, hereinafter called the Board, reports to the Council.
It shall consist of three representatives from the Sponsoring Members
and three representatives from the Participating Members and, ex officio, the Executive Director. The persons serving on the Board shall serve
in their personal capacity and shall be proposed on the basis of their
professional qualifications in the field of WTO or international trade
relations and development matters.
2.
The Board shall meet as often as necessary, at least once a year, to:
(a)
take the decisions necessary to ensure the efficient and effective operation
of AITIC in accordance with this Agreement;
(b)
review the financial situation of AITIC regularly;
(c)
prepare the regular annual budget and the annual work programme of AITIC
for consideration by the Council;
(d)
make proposals to the Council regarding replenishment of AITIC's resources,
in accordance with the provisions of Article 11;
(e)
approve the substantive and financial components of special projects,
i.e., projects financed from extra-budgetary sources;
(f)
oversee the preparation of the Annual Report on AITIC's activities;
(g)
appoint the Executive Director in consultation with the Members;
(h)
propose for consideration by the Council regulations on:
(i) the
procedures of the Board;
(ii) the
duties and conditions of service of the Executive Director, the staff
of AITIC and consultants contracted by AITIC;
(iii)
financial regulations and procedures.
Article
9
Executive Director and Secretariat
The
Executive Director shall:
(a)
manage AITIC's day-to-day operations;
(b)
recruit, direct, and terminate the employment of the staff of the AITIC
Secretariat in accordance with the staff regulations adopted by the Council;
(c)
contract and supervise consultants;
(d)
submit proposals for the annual work programme, budget and report of
AITIC for consideration by the Board and approval by the Council;
(e)
assist the Board and the Council in the exercise of their responsibilities;
(f)
submit to the Board and the Council an independently audited statement
of receipts and expenditures related to the budget during the preceding
fiscal period;
(g)
represent AITIC externally.
Article
10
Decision-Making
1.
The Council shall take its decisions by consensus. A proposal considered
for adoption at a meeting of the Council shall be deemed to have been
adopted by consensus if no formal objections are raised against it during
the meeting by any Member of AITIC. This provision shall apply mutatis
mutandis also to decisions by the Board.
2.
If the Chairperson of the Council determines that a decision cannot be
arrived at by consensus he/she may decide to submit the matter to a vote
by the Council. In such a case, the Council shall, with the exception
noted in paragraph 3, take its decision by a majority of two-thirds of
the Members present and voting. Each Member shall have one vote. A simple
majority of the Members of AITIC shall constitute the quorum for any meeting
of the Council during which a matter is submitted to a vote.
3.
In the case of decisions on amendments of the present Agreement, including
amendments to the schedule of contributions, the procedures set out in
paragraphs 1 and 2 respectively of Article 15 of this Agreement shall
apply.
Article
11
Financial Structure of AITIC
1.
The regular annual budget of AITIC shall be funded by contributions from
the Sponsoring Members and by voluntary contributions. The minimum contribution
of Sponsoring Members acceding under the terms of Article 16 shall be
Swiss Francs 2,000,000. The schedule of contributions pledged by each
Sponsoring Member for its initially agreed contribution period following
the establishment of AITIC is set out in Annex I to this Agreement.
2.
The Council shall, during the fourth year following the establishment
of AITIC, and at intervals of five years thereafter, review AITIC's financial
needs for the next five-year period taking into account Article 15 paragraph
4, and fix the schedules of contributions to be made by Sponsoring Members
accordingly.
3.
Special projects, which shall fall within the scope of AITIC's mandate
as defined in Articles 2 and 3 of this Agreement, shall be funded by voluntary
contributions.
4.
AITIC will encourage voluntary contributions in cash or in kind from Sponsoring
and Participating Members and from other governments, as well as from
intergovernmental agencies or private sponsors, in accordance with the
provisions to be developed in the financial regulations.
Article
12
Rights and Obligations of Members
1.
Each Participating Member is entitled to the services of AITIC in accordance
with the provisions of this Agreement and with the regulations that the
Council may adopt.
2.
Each Sponsoring Member shall promptly pay its agreed contributions in
accordance with the schedule of contributions set out in Annex I. Each
Sponsoring Member's initial contribution, equivalent to at least the amount
of its agreed contributions due pro rata for a period of twelve
months, shall be paid not later than the 90th day following
the date on which it is bound by the Agreement. Each Sponsoring Member
that accedes to this Agreement under Article 17 shall make initial contributions
in accordance with the provisions of its instrument of accession. Participating
Members may consider making a contribution on a voluntary basis.
3.
Nothing in this Agreement shall be construed to imply any financial liability
for any Member beyond the liabilities arising from paragraphs 1 and 2
of this Article.
Article
13
Legal
Status of AITIC
1.
AITIC shall have legal personality. It shall have in particular the capacity
to contract, to acquire and dispose of immovable and movable property
and to institute legal proceedings.
2.
AITIC shall be located in Geneva, Switzerland.
3.
AITIC shall conclude a Headquarters Agreement with the Swiss Confederation
on the status, privileges and immunities of the AITIC. AITIC, its Executive
Director, and its staff shall enjoy, in Switzerland, privileges and immunities
usually granted to international organisations.
Article
14
Working Languages
The
working languages of AITIC shall be English, French and Spanish.
Article
15
Amendment,
Withdrawal and Termination
1.
A proposal to amend a provision of this Agreement may be made either by
a Member or by the Board. Such a proposal shall be submitted to the Council
and shall be promptly notified to all Members. The Council may decide
to submit the proposal to Members for acceptance. The amendment shall
take effect on the 30th day following the date on which the
Depositary has received the instruments of acceptance of all Members.
2.
If the financial situation of AITIC so requires, a proposal to amend the
schedule of contributions may be submitted to the Council either by a
Member or by the Board. The amendment shall take effect on the 30th day
following the date on which the Council adopted it by consensus decision.
3.
Any Member may at any time withdraw from this Agreement by giving written
notice to the Depositary. The Depositary shall inform the Executive Director
of AITIC and the Members of AITIC of such a notice. The withdrawal shall
become effective on the 30th day following the date on which
the notice has been received by the Depositary. The obligation of a Sponsoring
Member to make its agreed contributions for the current five-year period
shall not be affected by the withdrawal of that Member from this Agreement.
4.
The Council shall in the context of the review of the financial needs
mentioned in Article 11, paragraph 2 also assess, in the light of progress
in achieving the objectives of the Agreement set out in Article 2, whether
the services of AITIC continue to be needed. The Council may subsequently
decide to terminate the Agreement. Upon the termination, AITIC's assets
shall be distributed among the present and former Sponsoring Members in
proportion to the total of each Member's contribution to the budget of
AITIC.
Article
16
Consent
to be Bound and Entry into Force
1.
This Agreement shall be open for signature from 9 December 2002 to 31
December 2003 by any Member of the WTO and any State or separate customs
territory in process of acceding to the WTO, who may express consent to
be bound by:
(a) signature;
or
(b) signature subject
to ratification, acceptance or approval
Instruments
of ratification, acceptance or approval shall be deposited with the Depositary
no later than 31 December 2005.
2.
This Agreement shall enter into force on the 30th day following
the date on which both of the following conditions are met:
(a)
Three Participating Members and three Sponsoring Members have expressed
consent to be bound by signature or have deposited instruments of ratification,
acceptance or approval;
(b)
The total of the contributions to AITIC's regular budget that the States
or customs territories which have expressed their consent to be bound
by this Agreement are obliged to make in accordance with paragraph 1 of
Article 11 of this Agreement and Annex I to this Agreement exceeds twice
the amount of the budget for the initial year following the establishment
of AITIC.
3.
For each signatory of this Agreement that deposits its instrument of ratification,
acceptance or approval after the date on which the Agreement entered into
force in accordance with paragraph 2 of this Article and before the date
stipulated in paragraph 1 of this Article, the Agreement shall enter into
force on the 30th day following the date on which the instrument
of ratification, acceptance or approval has been deposited.
4.
The dates set out in paragraph 1 may be extended by consensus decision
of the Council.
Article
17
Accession
1. After
its entry into force, this Agreement shall be open for accession by Members
of the WTO and any States or separate customs territories in the process
of acceding to the WTO which did not sign this Agreement during the period
set out in paragraph 1 of Article 16, or which did not deposit their instruments
of ratification, acceptance or approval before the date set out in paragraph
1 of Article 16.
2. Any other
State or separate customs territory may accede to this Agreement on terms
and conditions agreed between it and AITIC.
3.
Instruments of accession shall be deposited with the Depositary. Accession
shall take effect on the 30th day following the date on which
the instrument of accession was deposited.
Article
18
Reservations
No
reservations may be made in respect of any provision of this Agreement.
Article 19
Annexes
Annex
I to this Agreement constitutes an integral part of this Agreement.
Article 20
Depositary and Registration
1.
The Government of Switzerland shall be the Depositary of this Agreement.
2.
This Agreement shall be registered in accordance with the provisions of
Article 102 of the Charter of the United Nations.
DONE
at Geneva, this ninth of December two thousand and two, in a single copy,
in the English, French and Spanish languages, each text being equally
authentic.
