AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

Summary of the "Agreement on the Network of Aquaculture Centres in Asia and the Pacific" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC Bangkok, 8 January 1988 The Contracting Parties, Conscious of the paramount importance of fisheries as an essential sector of development in the Asia-Pacific region; Recognizing that aquaculture plays a vital role in the promotion and better use of fishery resources; Recognizing that the establishment and maintenance of a network of aquaculture centres in the region can make a significant contribution to the development of aquaculture; Considering that the success of such a network will depend largely on close regional co-operation; Considering that co-operation in this field can best be achieved through the establishment of an intergovernmental organization carrying out its activities in collaboration with other governments as well as organizations and institutions that may be able to provide financial and technical support; Have agreed as follows: Article 1 ESTABLISHMENT The Contracting Parties hereby establish the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA) with the objectives and functions set out hereinafter. Article 2 DEFINITIONS For the purpose of this Agreement: "Aquaculture" means the farming of aquatic organisms. "Donor Government" means a government, other than a Member Government, which makes a substantial contribution to the activities of the Organization and has concluded an agreement pursuant to Article 15 of this Agreement. "Member" means a government which is a contracting party to this Agreement. "National centre" means an aquaculture institution designated by a Member to serve as national focal point for linkage with NACA. "Organization" means the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA). "Regional centre" means an aquaculture institution in the Asia-Pacific region selected by the Members to serve as a lead centre to share in the regional activities and responsibilities of NACA. Article 3 OBJECTIVES 1. The objectives of the Organization shall be to assist the Members in their efforts to expand aquaculture development mainly for the purpose of: (a) increasing production; (b) improving rural income and employment; (c) diversifying farm production; and (d) increasing foreign exchange earnings and savings. 2. In order to facilitate the achievement of the foregoing objectives, the Organization shall: (a) consolidate the establishment of an expanded network of aquaculture centres to share the responsibility of research, training and information exchange essential to aquaculture development in the region; (b) strengthen institutional and personal links among national and regional centres through the exchange of technical personnel, technical know-how and information; (c) promote regional self-reliance in aquaculture development through Technical Co-operation among Developing Countries (TCDC); and (d) promote the role of women in aquaculture development. Article 4 FUNCTIONS In order to achieve its objectives, the Organization shall: (a) conduct disciplinary and interdisciplinary research on selected aquafarming systems for adaptation or improvement of technologies, and for the development of new technologies; (b) train and upgrade core personnel needed for national aquaculture planning, research, training, extension and development; (c) establish a regional information system to provide appropriate information for development planning, research and training; (d) assist Members in strengthening their national centres linked to the regional centres; (e) assist the national centres of Members in testing and adapting existing technology to local requirements and in the training of technicians, extension workers and farmers at the national level; (f) transfer to the Members appropriate aquaculture technologies and techniques developed at regional centres; (g) facilitate the exchange of national experts, technical know-how and information within the framework of TCDC; (h) develop programmes for the promotion of women's participation in aquaculture development at all levels; (i) assist Members in feasibility studies and project formulation; and (j) undertake such other activities related to the objectives of the Organization as may be approved by the Governing Council. Article 5 SEAT 1. The Seat of the Organization shall be determined by the Governing Council, subject to the consent of the Member concerned. 2. The Host Government shall provide free of charge or at a nominal rent, such accommodation and facilities as are necessary for the efficient conduct of work at the Seat of the Organization. 3. If necessary, the Governing Council may establish subsidiary offices, subject to the consent of the Members concerned; in so doing account should be taken of the possibility of utilizing accommodation in existing centres. Article 6 MEMBERSHIP 1. The Members of the Organization shall be the Contracting Parties to this Agreement. 2. The original Members of the Organization shall be the Governments in Asia and the Pacific invited to the Conference of Plenipotentiaries at which this Agreement was adopted, which have ratified the Agreement or have acceded thereto. A list of invited Governments is given in the Annex to this Agreement. 3. The Governing Council of the Organization may, by a majority of not less than two-thirds of the Members, authorize any Government not referred to in paragraph 2 above, which has submitted an application for membership, to accede to this Agreement as in force at the time of accession, in accordance with Article 16, paragraph 3. Article 7 RIGHTS AND OBLIGATIONS OF MEMBERS 1. Members shall, in accordance with this Agreement, have the right: (a) to attend the meetings of the Governing Council and other appropriate meetings that may be called by the Organization; (b) to obtain on request, free of charge within reasonable limits, information available within the Organization, on matters of their concern, including guidelines for obtaining technical assistance, and collaboration in the study of their problems; and (c) to receive free of charge publications and other information that may be distributed by the Organization. 2. Members shall, in accordance with this Agreement, have the following obligations: (a) to settle their financial obligations towards the Organization; (b) to collaborate in determining the technical activities of the Organization; (c) to provide, promptly, information reasonably requested by the Organization, to the extent that this is not contrary to any laws or regulations of the Members; (d) to undertake assignments that may be mutually agreed between individual Members or groups of Members and the Organization; (e) to accord to the Organization and its Members, in so far as it may be possible under the constitutional procedures of the respective Members, facilities which are deemed essential for the successful functioning of the Organization; and (f) to collaborate, in general, in the fulfilment of the objectives and functions of the Organization. Article 8 THE GOVERNING COUNCIL 1. The Organization shall have a Governing Council on which each Member shall be represented. The Governing Council shall be the supreme body of the Organization. 2. The Governing Council shall adopt its own Rules of Procedure. 3. The Governing Council shall hold an annual session at such time and place as it shall determine. 4. Special sessions of the Governing Council may be convened by the Co-ordinator at the request of not less than two-thirds of the Members. 5. The Governing Council may, in its Rules of Procedure, establish a procedure whereby the Chairman of the Governing Council may obtain a vote of the Members on a specific question without convening a meeting of the Council. 6. The Governing Council shall elect its Chairman and other officers. 7. Each Member shall have one vote. Unless otherwise provided in this Agreement, decisions of the Governing Council shall be taken by a majority of the votes cast. A majority of the Members shall constitute a quorum. 8. The Food and Agriculture Organization of the United Nations (FAO) shall be invited to be represented at meetings of the Governing Council in an advisory capacity. 9. Donor Governments may be represented at meetings of the Governing Council in accordance with an agreement concluded with the Organization under Article 15 of this Agreement. Article 9 FUNCTIONS OF THE GOVERNING COUNCIL The functions of the Governing Council shall be: 1. (a) to determine the policy of the Organization and to approve by a majority of not less than two-thirds of the Members its programme of work and its budget, giving due consideration to the conclusions and recommendations of the Technical Advisory Committee referred to in Article 11; (b) to assess, by a majority of not less than two-thirds of the Members, the contribution of Members as provided in Article 13; (c) to establish special funds to enable the acceptance of additional resources for the development of programmes and projects; (d) to lay down general standards and guidelines for the management of the Organization; (e) to evaluate the progress of work and activities of the Organization including the auditing of accounts, in accordance with policies and procedures established for the purpose by the Governing Council, and to give guidance to the Co-ordinator on the implementation of its decisions; (f) to formulate and adopt the Financial Regulations and the Administrative Regulations, and to appoint auditors; (g) to appoint the Co-ordinator of the Organization and to determine his conditions of service; (h) to adopt rules governing the settlement of disputes, referred to in Article 19; (i) to approve formal arrangements with governments as well as other organizations or institutions, including any headquarters agreement concluded between the Organization and the Host Government; (j) to adopt the Staff Regulations which determine the general terms and conditions of employment of the staff; (k) to approve agreements for co-operation to be concluded pursuant to Article 15; and (l) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of the Organization. Article 10 OBSERVERS Non-member Governments, organizations and institutions that are able to make a significant contribution to the activities of the Organization may, in accordance with the Rules of Procedure adopted under Article 8, paragraph 2, be invited to be represented at sessions of the Governing Council as observers. Article 11 TECHNICAL ADVISORY COMMITTEE 1. The Governing Council shall establish a Technical Advisory Committee composed of one representative designated by each Member of the Organization. 2. The representatives designated on the Technical Advisory Committee shall be persons with special competence and expertise in the field of aquaculture. 3. The Technical Advisory Committee shall meet at least once a year and at any time at the request of the Governing Council. 4. At its annual meeting the Committee shall designate one of the Committee members as Chairman who shall convene the next annual meeting of the Technical Advisory Committee. 5. The Technical Advisory Committee shall advise the Governing Council on all technical aspects of the activities of the Organization. 6. At each session, the Technical Advisory Committee shall adopt a report, which shall be submitted to the Governing Council. 7. FAO shall be invited to be represented at Sessions of the Technical Advisory Committee. Where appropriate, representatives of Donor Governments and of other organizations or institutions shall also be invited to be represented at such sessions. Article 12 CO-ORDINATOR AND STAFF 1. The Organization shall have a Co-ordinator appointed by the Governing Council. 2. The Co-ordinator shall be the legal representative of the Organization. He shall direct the work of the Organization under the guidance of the Governing Council in accordance with its policies and decisions. 3. The Co-ordinator shall submit to the Governing Council at each regular session: (a) a report on the work of the Organization, as well as the audited accounts; and (b) a draft programme of work and a draft budget for the following year. 4. The Co-ordinator shall: (a) prepare and organize the sessions of the Governing Council and all other meetings of the Organization and shall provide the secretariat therefor; (b) ensure co-ordination among Members of the Organization; (c) organize conferences, symposia, regional training programmes and other meetings in accordance with the approved programme of work; (d) initiate proposals for joint action programmes with regional and other international bodies; (e) be responsible for the management of the Organization; (f) ensure the publication of research findings, training manuals, information print-outs and other materials as required; (g) take action on other matters consistent with the objectives of the Organization; and (h) perform any other function as may be specified by the Governing Council. 5. Staff members and consultants shall be appointed by the Co- ordinator in accordance with the policy, general standards and guidelines laid down by the Governing Council and in accordance with the Staff Regulations. The Co-ordinator shall promulgate Staff Rules, as required, to implement the foregoing. Article 13 FINANCES 1. The financial resources of the Organization shall be: (a) the contributions of the Members to the budget of the Organization; (b) the revenue obtained from the provision of services against payment; (c) donations, provided that acceptance of such donations is compatible with the objectives of the Organization; and (d) such other resources as are approved by the Governing Council and compatible with the objectives of the Organization. 2. Members undertake to pay annual contributions in freely convertible currencies to the regular budget of the Organization. 3. A Member which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Governing Council if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Governing Council may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member. 4. Unless otherwise agreed by the consensus of the Members of the Organization, each Member's financial liability to the Governing Council and to other Members and for the acts of omission and commission of the Governing Council shall be limited to the extent of its obligation to make contributions to the budget of the Organization. Article 14 LEGAL STATUS, PRIVILEGES AND IMMUNITIES 1. The Organization shall have juridical personality and such legal capacity as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions. 2. The Organization shall be accorded the privileges and immunities necessary to perform its functions provided for in this Agreement. In addition, the representatives of Members and the Co-ordinator and staff of the Organization shall be accorded the privileges and immunities necessary for the independent exercise of their functions with the Organization as generally accorded to international organizations in each country. 3. Each Member shall accord the status, privileges and immunities referred to above by applying, mutatis mutandis, to the Organization, the representatives of Members, and to the Co-ordinator and staff of the Organization the privileges and immunities provided for in the Convention on the Privileges and Immunities of the Specialized Agencies adopted by the General Assembly of the United Nations on 21 November 1947. 4. Privileges and immunities are accorded to the representatives of Members and to the Co-ordinator and staff of the Organization not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Organization. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the Member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Member does not waive the immunity of the representative, the Member shall make the strongest efforts to achieve an equitable solution of the matter. Similarly, the Co-ordinator not only has the right, but is under a duty to waive the immunity of a staff member where, in the opinion of the Co-ordinator, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Co-ordinator does not waive the immunity of the staff member, he shall make the strongest efforts to achieve an equitable solution of the matter. The immunity of the Co-ordinator may only be waived by the Governing Council. 5. The Organization shall conclude a headquarters agreement with the Host Government, and may conclude agreements with other States in which offices of the Organization may be located, specifying the privileges and immunities and facilities to be enjoyed by the Organization to enable it to fulfil its objectives and to perform its functions. Article 15 CO-OPERATION WITH DONOR GOVERNMENTS AND WITH OTHER ORGANIZATIONS AND INSTITUTIONS 1. The Contracting Parties agree that there should be a close working relationship between the Organization and the Food and Agriculture Organization of the United Nations (FAO). To this end the Organization shall enter into negotiations with FAO with a view to concluding an agreement pursuant to Article XIII of the FAO Constitution. Such agreement should provide, inter alia, that the Director-General of FAO may appoint a Representative who shall be entitled to participate in all meetings of the Organization in an advisory capacity, without the right to vote. 2. The Contracting Parties agree that there should be co- operation between the Organization and Donor Governments whose contribution would further the activities of the Organization. To this end, the Organization may enter into agreements with such Donor Governments wherein provision may be made for their participation in certain activities of the Organization. 3. The Contracting Parties agree that there should be co- operation between the Organization and other international organizations and institutions, especially those active in the fisheries sector, which might contribute to the work and further the objectives of the Organization. The Organization may enter into agreements with such organizations and institutions. Such agreements may include, if appropriate, provision for participation by such organizations and institutions in activities of the Organization. Article 16 SIGNATURE, RATIFICATION, ACCESSION, ENTRY INTO FORCE AND ADMISSION 1. This Agreement shall be open for signature by the Governments in Asia and the Pacific listed in the Annex hereto, in Bangkok on 8th January 1988 and, thereafter, at the Headquarters of the Food and Agriculture Organization of the United Nations (FAO) in Rome until 7th January 1989. Governments which have signed the Agreement may become a party thereto by depositing an instrument of ratification. Governments which have not signed the Agreement may become a party thereto by depositing an instrument of accession. 2. Instruments of ratification or accession shall be deposited with the Director-General of FAO, who shall be the Depositary of this Agreement. 3. Subject to Article 6, paragraph 3 of this Agreement, and at any time after the entry into force thereof, any Government not referred to in paragraph 1 above may apply to the Director-General of FAO to become a member of the Organization. The Director-General of FAO shall inform Members of such application. The Governing Council shall then decide on the application in accordance with Article 6 and if a favourable decision is taken, invite the Government concerned to accede to this Agreement. The Government shall lodge its instrument of accession, whereby it consents to be bound by the provisions of this Agreement as from the date of its admission, with the Director-General of FAO within ninety days of the date of the invitation by the Governing Council. 4. This Agreement shall enter into force, with respect to all Governments which have ratified it or acceded thereto, on the date when instruments of ratification or accession have been deposited by at least five Governments listed in the Annex. Article 17 AMENDMENT 1. The Governing Council may amend this agreement by a three- quarters majority of the Members. Amendments shall take effect, with respect to all Contracting Parties, on the thirtieth day after their adoption by the Governing Council, except for any Contracting Party which gives notice of withdrawal within thirty days of receipt of notification of the adoption of such amendments, subject to the condition that any obligation incurred by the Member vis-a-vis the Organization shall remain valid and enforceable. Amendments adopted shall be notified to the Depositary forthwith. 2. Proposals for the amendment of this Agreement may be made by a Member in a communication to the Depositary, who shall promptly notify the proposal to all Members and to the Co- ordinator of the Organization. 3. No proposal for amendment shall be considered by the Governing Council unless it was received by the Depositary at least one hundred and twenty days before the opening day of the session at which it is to be considered. Article 18 WITHDRAWAL AND DISSOLUTION 1. At any time after the expiration of three years from the date when it became a party to this Agreement, any Member may give notice of its withdrawal from the Organization to the Depositary. Such withdrawal shall take effect twelve months after the notice thereof was received by the Depositary or at any later date specified in the notice, provided, however, that any obligation incurred by the Member vis-a-vis the Organization shall remain valid and enforceable. 2. The Organization shall cease to exist at any time decided by the Governing Council by a three-quarters majority of the Members. The disposal of any real property belonging to the Organization shall be subjAGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC Bangkok, 8 January 1988 The Contracting Parties, Conscious of the paramount importance of fisheries as an essential sector of development in the Asia-Pacific region; Recognizing that aquaculture plays a vital role in the promotion and better use of fishery resources; Recognizing that the establishment and maintenance of a network of aquaculture centres in the region can make a significant contribution to the development of aquaculture; Considering that the success of such a network will depend largely on close regional co-operation; Considering that co-operation in this field can best be achieved through the establishment of an intergovernmental organization carrying out its activities in collaboration with other governments as well as organizations and institutions that may be able to provide financial and technical support; Have agreed as follows: Article 1 ESTABLISHMENT The Contracting Parties hereby establish the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA) with the objectives and functions set out hereinafter. Article 2 DEFINITIONS For the purpose of this Agreement: "Aquaculture" means the farming of aquatic organisms. "Donor Government" means a government, other than a Member Government, which makes a substantial contribution to the activities of the Organization and has concluded an agreement pursuant to Article 15 of this Agreement. "Member" means a government which is a contracting party to this Agreement. "National centre" means an aquaculture institution designated by a Member to serve as national focal point for linkage with NACA. "Organization" means the Organization for the Network of Aquaculture Centres in Asia and the Pacific (NACA). "Regional centre" means an aquaculture institution in the Asia-Pacific region selected by the Members to serve as a lead centre to share in the regional activities and responsibilities of NACA. Article 3 OBJECTIVES 1. The objectives of the Organization shall be to assist the Members in their efforts to expand aquaculture development mainly for the purpose of: (a) increasing production; (b) improving rural income and employment; (c) diversifying farm production; and (d) increasing foreign exchange earnings and savings. 2. In order to facilitate the achievement of the foregoing objectives, the Organization shall: (a) consolidate the establishment of an expanded network of aquaculture centres to share the responsibility of research, training and information exchange essential to aquaculture development in the region; (b) strengthen institutional and personal links among national and regional centres through the exchange of technical personnel, technical know-how and information; (c) promote regional self-reliance in aquaculture development through Technical Co-operation among Developing Countries (TCDC); and (d) promote the role of women in aquaculture development. Article 4 FUNCTIONS In order to achieve its objectives, the Organization shall: (a) conduct disciplinary and interdisciplinary research on selected aquafarming systems for adaptation or improvement of technologies, and for the development of new technologies; (b) train and upgrade core personnel needed for national aquaculture planning, research, training, extension and development; (c) establish a regional information system to provide appropriate information for development planning, research and training; (d) assist Members in strengthening their national centres linked to the regional centres; (e) assist the national centres of Members in testing and adapting existing technology to local requirements and in the training of technicians, extension workers and farmers at the national level; (f) transfer to the Members appropriate aquaculture technologies and techniques developed at regional centres; (g) facilitate the exchange of national experts, technical know-how and information within the framework of TCDC; (h) develop programmes for the promotion of women's participation in aquaculture development at all levels; (i) assist Members in feasibility studies and project formulation; and (j) undertake such other activities related to the objectives of the Organization as may be approved by the Governing Council. Article 5 SEAT 1. The Seat of the Organization shall be determined by the Governing Council, subject to the consent of the Member concerned. 2. The Host Government shall provide free of charge or at a nominal rent, such accommodation and facilities as are necessary for the efficient conduct of work at the Seat of the Organization. 3. If necessary, the Governing Council may establish subsidiary offices, subject to the consent of the Members concerned; in so doing account should be taken of the possibility of utilizing accommodation in existing centres. Article 6 MEMBERSHIP 1. The Members of the Organization shall be the Contracting Parties to this Agreement. 2. The original Members of the Organization shall be the Governments in Asia and the Pacific invited to the Conference of Plenipotentiaries at which this Agreement was adopted, which have ratified the Agreement or have acceded thereto. A list of invited Governments is given in the Annex to this Agreement. 3. The Governing Council of the Organization may, by a majority of not less than two-thirds of the Members, authorize any Government not referred to in paragraph 2 above, which has submitted an application for membership, to accede to this Agreement as in force at the time of accession, in accordance with Article 16, paragraph 3. Article 7 RIGHTS AND OBLIGATIONS OF MEMBERS 1. Members shall, in accordance with this Agreement, have the right: (a) to attend the meetings of the Governing Council and other appropriate meetings that may be called by the Organization; (b) to obtain on request, free of charge within reasonable limits, information available within the Organization, on matters of their concern, including guidelines for obtaining technical assistance, and collaboration in the study of their problems; and (c) to receive free of charge publications and other information that may be distributed by the Organization. 2. Members shall, in accordance with this Agreement, have the following obligations: (a) to settle their financial obligations towards the Organization; (b) to collaborate in determining the technical activities of the Organization; (c) to provide, promptly, information reasonably requested by the Organization, to the extent that this is not contrary to any laws or regulations of the Members; (d) to undertake assignments that may be mutually agreed between individual Members or groups of Members and the Organization; (e) to accord to the Organization and its Members, in so far as it may be possible under the constitutional procedures of the respective Members, facilities which are deemed essential for the successful functioning of the Organization; and (f) to collaborate, in general, in the fulfilment of the objectives and functions of the Organization. Article 8 THE GOVERNING COUNCIL 1. The Organization shall have a Governing Council on which each Member shall be represented. The Governing Council shall be the supreme body of the Organization. 2. The Governing Council shall adopt its own Rules of Procedure. 3. The Governing Council shall hold an annual session at such time and place as it shall determine. 4. Special sessions of the Governing Council may be convened by the Co-ordinator at the request of not less than two-thirds of the Members. 5. The Governing Council may, in its Rules of Procedure, establish a procedure whereby the Chairman of the Governing Council may obtain a vote of the Members on a specific question without convening a meeting of the Council. 6. The Governing Council shall elect its Chairman and other officers. 7. Each Member shall have one vote. Unless otherwise provided in this Agreement, decisions of the Governing Council shall be taken by a majority of the votes cast. A majority of the Members shall constitute a quorum. 8. The Food and Agriculture Organization of the United Nations (FAO) shall be invited to be represented at meetings of the Governing Council in an advisory capacity. 9. Donor Governments may be represented at meetings of the Governing Council in accordance with an agreement concluded with the Organization under Article 15 of this Agreement. Article 9 FUNCTIONS OF THE GOVERNING COUNCIL The functions of the Governing Council shall be: 1. (a) to determine the policy of the Organization and to approve by a majority of not less than two-thirds of the Members its programme of work and its budget, giving due consideration to the conclusions and recommendations of the Technical Advisory Committee referred to in Article 11; (b) to assess, by a majority of not less than two-thirds of the Members, the contribution of Members as provided in Article 13; (c) to establish special funds to enable the acceptance of additional resources for the development of programmes and projects; (d) to lay down general standards and guidelines for the management of the Organization; (e) to evaluate the progress of work and activities of the Organization including the auditing of accounts, in accordance with policies and procedures established for the purpose by the Governing Council, and to give guidance to the Co-ordinator on the implementation of its decisions; (f) to formulate and adopt the Financial Regulations and the Administrative Regulations, and to appoint auditors; (g) to appoint the Co-ordinator of the Organization and to determine his conditions of service; (h) to adopt rules governing the settlement of disputes, referred to in Article 19; (i) to approve formal arrangements with governments as well as other organizations or institutions, including any headquarters agreement concluded between the Organization and the Host Government; (j) to adopt the Staff Regulations which determine the general terms and conditions of employment of the staff; (k) to approve agreements for co-operation to be concluded pursuant to Article 15; and (l) to perform all other functions that have been entrusted to it by this Agreement or that are ancillary to the accomplishment of the approved activities of the Organization. Article 10 OBSERVERS Non-member Governments, organizations and institutions that are able to make a significant contribution to the activities of the Organization may, in accordance with the Rules of Procedure adopted under Article 8, paragraph 2, be invited to be represented at sessions of the Governing Council as observers. Article 11 TECHNICAL ADVISORY COMMITTEE 1. The Governing Council shall establish a Technical Advisory Committee composed of one representative designated by each Member of the Organization. 2. The representatives designated on the Technical Advisory Committee shall be persons with special competence and expertise in the field of aquaculture. 3. The Technical Advisory Committee shall meet at least once a year and at any time at the request of the Governing Council. 4. At its annual meeting the Committee shall designate one of the Committee members as Chairman who shall convene the next annual meeting of the Technical Advisory Committee. 5. The Technical Advisory Committee shall advise the Governing Council on all technical aspects of the activities of the Organization. 6. At each session, the Technical Advisory Committee shall adopt a report, which shall be submitted to the Governing Council. 7. FAO shall be invited to be represented at Sessions of the Technical Advisory Committee. Where appropriate, representatives of Donor Governments and of other organizations or institutions shall also be invited to be represented at such sessions. Article 12 CO-ORDINATOR AND STAFF 1. The Organization shall have a Co-ordinator appointed by the Governing Council. 2. The Co-ordinator shall be the legal representative of the Organization. He shall direct the work of the Organization under the guidance of the Governing Council in accordance with its policies and decisions. 3. The Co-ordinator shall submit to the Governing Council at each regular session: (a) a report on the work of the Organization, as well as the audited accounts; and (b) a draft programme of work and a draft budget for the following year. 4. The Co-ordinator shall: (a) prepare and organize the sessions of the Governing Council and all other meetings of the Organization and shall provide the secretariat therefor; (b) ensure co-ordination among Members of the Organization; (c) organize conferences, symposia, regional training programmes and other meetings in accordance with the approved programme of work; (d) initiate proposals for joint action programmes with regional and other international bodies; (e) be responsible for the management of the Organization; (f) ensure the publication of research findings, training manuals, information print-outs and other materials as required; (g) take action on other matters consistent with the objectives of the Organization; and (h) perform any other function as may be specified by the Governing Council. 5. Staff members and consultants shall be appointed by the Co- ordinator in accordance with the policy, general standards and guidelines laid down by the Governing Council and in accordance with the Staff Regulations. The Co-ordinator shall promulgate Staff Rules, as required, to implement the foregoing. Article 13 FINANCES 1. The financial resources of the Organization shall be: (a) the contributions of the Members to the budget of the Organization; (b) the revenue obtained from the provision of services against payment; (c) donations, provided that acceptance of such donations is compatible with the objectives of the Organization; and (d) such other resources as are approved by the Governing Council and compatible with the objectives of the Organization. 2. Members undertake to pay annual contributions in freely convertible currencies to the regular budget of the Organization. 3. A Member which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the Governing Council if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Governing Council may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member. 4. Unless otherwise agreed by the consensus of the Members of the Organization, each Member's financial liability to the Governing Council and to other Members and for the acts of omission and commission of the Governing Council shall be limited to the extent of its obligation to make contributions to the budget of the Organization. Article 14 LEGAL STATUS, PRIVILEGES AND IMMUNITIES 1. The Organization shall have juridical personality and such legal capacity as may be necessary for the fulfilment of the Organization's objectives and for the exercise of its functions. 2. The Organization shall be accorded the privileges and immunities necessary to perform its functions provided for in this Agreement. In addition, the representatives of Members and the Co-ordinator and staff of the Organization shall be accorded the privileges and immunities necessary for the independent exercise of their functions with the Organization as generally accorded to international organizations in each country. 3. Each Member shall accord the status, privileges and immunities referred to above by applying, mutatis mutandis, to the Organization, the representatives of Members, and to the Co-ordinator and staff of the Organization the privileges and immunities provided for in the Convention on the Privileges and Immunities of the Specialized Agencies adopted by the General Assembly of the United Nations on 21 November 1947. 4. Privileges and immunities are accorded to the representatives of Members and to the Co-ordinator and staff of the Organization not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Organization. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the Member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Member does not waive the immunity of the representative, the Member shall make the strongest efforts to achieve an equitable solution of the matter. Similarly, the Co-ordinator not only has the right, but is under a duty to waive the immunity of a staff member where, in the opinion of the Co-ordinator, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. If the Co-ordinator does not waive the immunity of the staff member, he shall make the strongest efforts to achieve an equitable solution of the matter. The immunity of the Co-ordinator may only be waived by the Governing Council. 5. The Organization shall conclude a headquarters agreement with the Host Government, and may conclude agreements with other States in which offices of the Organization may be located, specifying the privileges and immunities and facilities to be enjoyed by the Organization to enable it to fulfil its objectives and to perform its functions. Article 15 CO-OPERATION WITH DONOR GOVERNMENTS AND WITH OTHER ORGANIZATIONS AND INSTITUTIONS 1. The Contracting Parties agree that there should be a close working relationship between the Organization and the Food and Agriculture Organization of the United Nations (FAO). To this end the Organization shall enter into negotiations with FAO with a view to concluding an agreement pursuant to Article XIII of the FAO Constitution. Such agreement should provide, inter alia, that the Director-General of FAO may appoint a Representative who shall be entitled to participate in all meetings of the Organization in an advisory capacity, without the right to vote. 2. The Contracting Parties agree that there should be co- operation between the Organization and Donor Governments whose contribution would further the activities of the Organization. To this end, the Organization may enter into agreements with such Donor Governments wherein provision may be made for their participation in certain activities of the Organization. 3. The Contracting Parties agree that there should be co- operation between the Organization and other international organizations and institutions, especially those active in the fisheries sector, which might contribute to the work and further the objectives of the Organization. The Organization may enter into agreements with such organizations and institutions. Such agreements may include, if appropriate, provision for participation by such organizations and institutions in activities of the Organization. Article 16 SIGNATURE, RATIFICATION, ACCESSION, ENTRY INTO FORCE AND ADMISSION 1. This Agreement shall be open for signature by the Governments in Asia and the Pacific listed in the Annex hereto, in Bangkok on 8th January 1988 and, thereafter, at the Headquarters of the Food and Agriculture Organization of the United Nations (FAO) in Rome until 7th January 1989. Governments which have signed the Agreement may become a party thereto by depositing an instrument of ratification. Governments which have not signed the Agreement may become a party thereto by depositing an instrument of accession. 2. Instruments of ratification or accession shall be deposited with the Director-General of FAO, who shall be the Depositary of this Agreement. 3. Subject to Article 6, paragraph 3 of this Agreement, and at any time after the entry into force thereof, any Government not referred to in paragraph 1 above may apply to the Director-General of FAO to become a member of the Organization. The Director-General of FAO shall inform Members of such application. The Governing Council shall then decide on the application in accordance with Article 6 and if a favourable decision is taken, invite the Government concerned to accede to this Agreement. The Government shall lodge its instrument of accession, whereby it consents to be bound by the provisions of this Agreement as from the date of its admission, with the Director-General of FAO within ninety days of the date of the invitation by the Governing Council. 4. This Agreement shall enter into force, with respect to all Governments which have ratified it or acceded thereto, on the date when instruments of ratification or accession have been deposited by at least five Governments listed in the Annex. Article 17 AMENDMENT 1. The Governing Council may amend this agreement by a three- quarters majority of the Members. Amendments shall take effect, with respect to all Contracting Parties, on the thirtieth day after their adoption by the Governing Council, except for any Contracting Party which gives notice of withdrawal within thirty days of receipt of notification of the adoption of such amendments, subject to the condition that any obligation incurred by the Member vis-a-vis the Organization shall remain valid and enforceable. Amendments adopted shall be notified to the Depositary forthwith. 2. Proposals for the amendment of this Agreement may be made by a Member in a communication to the Depositary, who shall promptly notify the proposal to all Members and to the Co- ordinator of the Organization. 3. No proposal for amendment shall be considered by the Governing Council unless it was received by the Depositary at least one hundred and twenty days before the opening day of the session at which it is to be considered. Article 18 WITHDRAWAL AND DISSOLUTION 1. At any time after the expiration of three years from the date when it became a party to this Agreement, any Member may give notice of its withdrawal from the Organization to the Depositary. Such withdrawal shall take effect twelve months after the notice thereof was received by the Depositary or at any later date specified in the notice, provided, however, that any obligation incurred by the Member vis-a-vis the Organization shall remain valid and enforceable. 2. The Organization shall cease to exist at any time decided by the Governing Council by a three-quarters majority of the Members. The disposal of any real property belonging to the Organization shall be subject to the prior approval of the Governing Council. Any assets remaining after the land, buildings and fixtures have been disposed of, after the balance of any donated funds that have not been used has been returned to the respective donors, and after all obligations have been met, shall be distributed among the Governments which were Members of the Organization at the time of the dissolution, in proportion to the contributions that they made in accordance with Article 13, paragraph 2, for the year preceding the year of the dissolution. Article 19 INTERPRETATION AND SETTLEMENT OF DISPUTES 1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or similar means may be referred by any party to the dispute to the Governing Council for its recommendation. Failing settlement of the dispute, the matter shall be submitted to an arbitral tribunal consisting of three arbitrators. The parties to the dispute shall appoint one arbitrator each; the two arbitrators so appointed shall designate by mutual consent the third arbitrator, who shall be the President of the tribunal. If one of the parties does not appoint an arbitrator within two months of the appointment of the first arbitrator, or if the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Chairman of the Governing Council shall designate the arbitrator or the President, as the case may be, within a further two-month period. 2. The proceedings of the arbitral tribunal shall be carried out in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL). 3. A Member which fails to abide by an arbitral award rendered in accordance with paragraph 1 of this Article may be suspended from the exercise of the rights and privileges of membership by a two-thirds majority of the Members. Article 20 DEPOSITARY The Director-General of FAO shall be the Depositary of this Agreement. The Depositary shall: (a) send certified copies of this Agreement to the Governments invited as participants to the Conference of Plenipotentiaries, and to any other Government which so requests; (b) arrange for the registration of this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations; (c) inform the Governments invited as participants to the Conference of Plenipotentiaries and any Government that has been admitted to membership in the Organization of: (i) the signature of this Agreement and the deposit of instruments of ratification or accession in accordance with Article 16; (ii) the date of entry into force of this Agreement in accordance with Article 16, paragraph 4; (iii) notification of the desire of a Government to be admitted to membership in the Organization; and admissions, in accordance with Article 6; (iv) proposals for the amendment of this Agreement and of the adoption of amendments, in accordance with Article 17; and (d) convene the first session of the Governing Council of the Organization within six months after the entry into force of this Agreement, in accordance with Article 16, paragraph 4. Article 21 ANNEX The Annex shall constitute an integral part of this Agreement. Done at Bangkok this eighth day of January 1988 in a single copy in the English language. The original text shall be deposited in the archives of the Food and Agriculture Organization of the United Nations in Rome. Annex LIST OF GOVERNMENTS INVITED TO THE CONFERENCE OF PLENIPOTENTIARIES (Article 6, paragraph 2) Australia Bangladesh Bhutan Brunei Burma People's Republic of China Cook Islands Democratic Kampuchea Democratic People's Republic of Korea Fiji France Hong Kong India Indonesia Japan Republic of Korea Laos Malaysia Maldives Mongolia Nepal New Zealand Pakistan Papua New Guinea Philippines Samoa Singapore Solomon Islands Sri Lanka Thailand Tonga Tuvalu United StatAGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

Bangkok, 8 January 1988


The Contracting Parties,

Conscious of the paramount importance of fisheries as an 
essential sector of development in the Asia-Pacific region;

Recognizing that aquaculture plays a vital role in the 
promotion and better use of fishery resources;

Recognizing that the establishment and maintenance of a 
network of aquaculture centres in the region can make a 
significant contribution to the development of aquaculture;

Considering that the success of such a network will depend 
largely on close regional co-operation;

Considering that co-operation in this field can best be 
achieved through the establishment of an intergovernmental 
organization carrying out its activities in collaboration with 
other governments as well as organizations and institutions 
that may be able to provide financial and technical support;

Have agreed as follows:


Article 1

ESTABLISHMENT

The Contracting Parties hereby establish the Organization for 
the Network of Aquaculture Centres in Asia and the Pacific 
(NACA) with the objectives and functions set out hereinafter.


Article 2

DEFINITIONS

For the purpose of this Agreement:

"Aquaculture" means the farming of aquatic organisms.

"Donor Government" means a government, other than a Member 
Government, which makes a substantial contribution to the 
activities of the Organization and has concluded an agreement 
pursuant to Article 15 of this Agreement.

"Member" means a government which is a contracting party to 
this Agreement.

"National centre" means an aquaculture institution 
designated by a Member to serve as national focal point for 
linkage with NACA.

"Organization" means the Organization for the Network of 
Aquaculture Centres in Asia and the Pacific (NACA).

"Regional centre" means an aquaculture institution in the 
Asia-Pacific region selected by the Members to serve as a lead 
centre to share in the regional activities and 
responsibilities of NACA.


Article 3

OBJECTIVES

1. The objectives of the Organization shall be to assist the 
Members in their efforts to expand aquaculture development 
mainly for the purpose of: 

(a) increasing production;

(b) improving rural income and employment; 

(c) diversifying farm production; and

(d) increasing foreign exchange earnings and savings.

2. In order to facilitate the achievement of the foregoing 
objectives, the Organization shall:

(a) consolidate the establishment of an expanded network of 
aquaculture centres to share the responsibility of research, 
training and information exchange essential to aquaculture 
development in the region;

(b) strengthen institutional and personal links among national 
and regional centres through the exchange of technical 
personnel, technical know-how and information;

(c) promote regional self-reliance in aquaculture development 
through Technical Co-operation among Developing Countries 
(TCDC); and

(d) promote the role of women in aquaculture development.


Article 4

FUNCTIONS

In order to achieve its objectives, the Organization shall:

(a) conduct disciplinary and interdisciplinary research on 
selected aquafarming systems for adaptation or improvement of 
technologies, and for the development of new technologies;

(b) train and upgrade core personnel needed for national 
aquaculture planning, research, training, extension and 
development;

(c) establish a regional information system to provide 
appropriate information for development planning, research and 
training;

(d) assist Members in strengthening their national centres 
linked to the regional centres;

(e) assist the national centres of Members in testing and 
adapting existing technology to local requirements and in the 
training of technicians, extension workers and farmers at the 
national level;

(f) transfer to the Members appropriate aquaculture 
technologies and techniques developed at regional centres;

(g) facilitate the exchange of national experts, technical 
know-how and information within the framework of TCDC;

(h) develop programmes for the promotion of women's 
participation in aquaculture development at all levels;

(i) assist Members in feasibility studies and project 
formulation; and

(j) undertake such other activities related to the objectives 
of the Organization as may be approved by the Governing 
Council.


Article 5

SEAT

1. The Seat of the Organization shall be determined by the 
Governing Council, subject to the consent of the Member 
concerned.

2. The Host Government shall provide free of charge or at a 
nominal rent, such accommodation and facilities as are 
necessary for the efficient conduct of work at the Seat of the 
Organization.

3. If necessary, the Governing Council may establish 
subsidiary offices, subject to the consent of the Members 
concerned; in so doing account should be taken of the 
possibility of utilizing accommodation in existing centres.


Article 6

MEMBERSHIP

1. The Members of the Organization shall be the Contracting 
Parties to this Agreement.

2. The original Members of the Organization shall be the 
Governments in Asia and the Pacific invited to the Conference 
of Plenipotentiaries at which this Agreement was adopted, 
which have ratified the Agreement or have acceded thereto. A 
list of invited Governments is given in the Annex to this 
Agreement.

3. The Governing Council of the Organization may, by a 
majority of not less than two-thirds of the Members, authorize 
any Government not referred to in paragraph 2 above, which has 
submitted an application for membership, to accede to this 
Agreement as in force at the time of accession, in accordance 
with Article 16, paragraph 3.


Article 7 

RIGHTS AND OBLIGATIONS OF MEMBERS

1. Members shall, in accordance with this Agreement, have the 
right:

(a) to attend the meetings of the Governing Council and other 
appropriate meetings that may be called by the Organization;

(b) to obtain on request, free of charge within reasonable 
limits, information available within the Organization, on 
matters of their concern, including guidelines for obtaining 
technical assistance, and collaboration in the study of their 
problems; and

(c) to receive free of charge publications and other 
information that may be distributed by the Organization.

2. Members shall, in accordance with this Agreement, have the 
following obligations:

(a) to settle their financial obligations towards the 
Organization;

(b) to collaborate in determining the technical activities of 
the Organization;

(c) to provide, promptly, information reasonably requested by 
the Organization, to the extent that this is not contrary to 
any laws or regulations of the Members;

(d) to undertake assignments that may be mutually agreed 
between individual Members or groups of Members and the 
Organization;

(e) to accord to the Organization and its Members, in so far 
as it may be possible under the constitutional procedures of 
the respective Members, facilities which are deemed essential 
for the successful functioning of the Organization; and

(f) to collaborate, in general, in the fulfilment of the 
objectives and functions of the Organization.


Article 8

THE GOVERNING COUNCIL

1. The Organization shall have a Governing Council on which 
each Member shall be represented. The Governing Council shall 
be the supreme body of the Organization.

2. The Governing Council shall adopt its own Rules of 
Procedure.

3. The Governing Council shall hold an annual session at such 
time and place as it shall determine.

4. Special sessions of the Governing Council may be convened 
by the Co-ordinator at the request of not less than two-thirds 
of the Members.

5. The Governing Council may, in its Rules of Procedure, 
establish a procedure whereby the Chairman of the Governing 
Council may obtain a vote of the Members on a specific 
question without convening a meeting of the Council.

6. The Governing Council shall elect its Chairman and other 
officers.

7. Each Member shall have one vote. Unless otherwise provided 
in this Agreement, decisions of the Governing Council shall be 
taken by a majority of the votes cast. A majority of the 
Members shall constitute a quorum.

8. The Food and Agriculture Organization of the United Nations 
(FAO) shall be invited to be represented at meetings of the 
Governing Council in an advisory capacity.

9. Donor Governments may be represented at meetings of the 
Governing Council in accordance with an agreement concluded 
with the Organization under Article 15 of this Agreement.


Article 9 

FUNCTIONS OF THE GOVERNING COUNCIL

The functions of the Governing Council shall be:

1. (a) to determine the policy of the Organization and to 
approve by a majority of not less than two-thirds of the 
Members its programme of work and its budget, giving due 
consideration to the conclusions and recommendations of the 
Technical Advisory Committee referred to in Article 11;

(b) to assess, by a majority of not less than two-thirds of 
the Members, the contribution of Members as provided in 
Article 13;

(c) to establish special funds to enable the acceptance of 
additional resources for the development of programmes and 
projects;

(d) to lay down general standards and guidelines for the 
management of the Organization;

(e) to evaluate the progress of work and activities of the 
Organization including the auditing of accounts,
in accordance with policies and procedures established for the 
purpose by the Governing Council, and to give guidance to the 
Co-ordinator on the implementation of its decisions;

(f) to formulate and adopt the Financial Regulations and the 
Administrative Regulations, and to appoint auditors;

(g) to appoint the Co-ordinator of the Organization and to 
determine his conditions of service;

(h) to adopt rules governing the settlement of disputes, 
referred to in Article 19;

(i) to approve formal arrangements with governments as well as 
other organizations or institutions, including any 
headquarters agreement concluded between the Organization and 
the Host Government;

(j) to adopt the Staff Regulations which determine the general 
terms and conditions of employment of the staff;

(k) to approve agreements for co-operation to be concluded 
pursuant to Article 15; and

(l) to perform all other functions that have been entrusted to 
it by this Agreement or that are ancillary to the 
accomplishment of the approved activities of the Organization.


Article 10

OBSERVERS

Non-member Governments, organizations and institutions that 
are able to make a significant contribution to the activities 
of the Organization may, in accordance with the Rules of 
Procedure adopted under Article 8, paragraph 2, be invited to 
be represented at sessions of the Governing Council as 
observers.


Article 11 

TECHNICAL ADVISORY COMMITTEE

1. The Governing Council shall establish a Technical Advisory 
Committee composed of one representative designated by each 
Member of the Organization.

2. The representatives designated on the Technical Advisory 
Committee shall be persons with special competence and 
expertise in the field of aquaculture.

3. The Technical Advisory Committee shall meet at least once a 
year and at any time at the request of the Governing Council.

4. At its annual meeting the Committee shall designate one of 
the Committee members as Chairman who shall convene the next 
annual meeting of the Technical Advisory Committee.

5. The Technical Advisory Committee shall advise the Governing 
Council on all technical aspects of the activities of the 
Organization.

6. At each session, the Technical Advisory Committee shall 
adopt a report, which shall be submitted to the Governing 
Council.

7. FAO shall be invited to be represented at Sessions of the 
Technical Advisory Committee. Where appropriate, 
representatives of Donor Governments and of other 
organizations or institutions shall also be invited to be 
represented at such sessions.


Article 12

CO-ORDINATOR AND STAFF

1. The Organization shall have a Co-ordinator appointed by the 
Governing Council.

2. The Co-ordinator shall be the legal representative of the 
Organization. He shall direct the work of the Organization 
under the guidance of the Governing Council in accordance with 
its policies and decisions.

3. The Co-ordinator shall submit to the Governing Council at 
each regular session:

(a) a report on the work of the Organization, as well as the 
audited accounts; and

(b) a draft programme of work and a draft budget for the 
following year.

4. The Co-ordinator shall:

(a) prepare and organize the sessions of the Governing Council 
and all other meetings of the Organization and shall provide 
the secretariat therefor;

(b) ensure co-ordination among Members of the Organization;

(c) organize conferences, symposia, regional training 
programmes and other meetings in accordance with the approved 
programme of work;

(d) initiate proposals for joint action programmes with 
regional and other international bodies;

(e) be responsible for the management of the Organization;

(f) ensure the publication of research findings, training 
manuals, information print-outs and other materials as 
required;

(g) take action on other matters consistent with the 
objectives of the Organization; and

(h) perform any other function as may be specified by the 
Governing Council.

5. Staff members and consultants shall be appointed by the Co-
ordinator in accordance with the policy, general standards and 
guidelines laid down by the Governing Council and in 
accordance with the Staff Regulations. The Co-ordinator shall 
promulgate Staff Rules, as required, to implement the 
foregoing.


Article 13

FINANCES

1. The financial resources of the Organization shall be:

(a) the contributions of the Members to the budget of the 
Organization;

(b) the revenue obtained from the provision of services 
against payment;

(c) donations, provided that acceptance of such donations is 
compatible with the objectives of the Organization; and

(d) such other resources as are approved by the Governing 
Council and compatible with the objectives of the 
Organization.

2. Members undertake to pay annual contributions in freely 
convertible currencies to the regular budget of the 
Organization.

3. A Member which is in arrears in the payment of its 
financial contributions to the Organization shall have no vote 
in the Governing Council if the amount of its arrears equals 
or exceeds the amount of the contributions due from it for the 
two preceding calendar years. The Governing Council may, 
nevertheless, permit such a Member to vote if it is satisfied 
that the failure to pay was due to conditions beyond the 
control of the Member.

4. Unless otherwise agreed by the consensus of the Members of 
the Organization, each Member's financial liability to the 
Governing Council and to other Members and for the acts of 
omission and commission of the Governing Council shall be 
limited to the extent of its obligation to make contributions 
to the budget of the Organization.


Article 14 

LEGAL STATUS, PRIVILEGES AND IMMUNITIES

1. The Organization shall have juridical personality and such 
legal capacity as may be necessary for the fulfilment of the 
Organization's objectives and for the exercise of its 
functions.

2. The Organization shall be accorded the privileges and 
immunities necessary to perform its functions provided for in 
this Agreement. In addition, the representatives of Members 
and the Co-ordinator and staff of the Organization shall be 
accorded the privileges and immunities necessary for the 
independent exercise of their functions with the Organization 
as generally accorded to international
organizations in each country.

3. Each Member shall accord the status, privileges and 
immunities referred to above by applying, mutatis mutandis, to 
the Organization, the representatives of Members, and to the 
Co-ordinator and staff of the Organization the privileges and 
immunities provided for in the Convention on the Privileges 
and Immunities of the Specialized Agencies adopted by the 
General Assembly of the United Nations on 21 November 1947.

4. Privileges and immunities are accorded to the 
representatives of Members and to the Co-ordinator and staff 
of the Organization not for the personal benefit of the 
individuals themselves, but in order to safeguard the 
independent exercise of their functions in connection with the 
Organization. Consequently, a Member not only has the right 
but is under a duty to waive the immunity of its 
representatives in any case where, in the opinion of the 
Member, the immunity would impede the course of justice, and 
where it can be waived without prejudice to the purpose for 
which the immunity is accorded. If the Member does not waive 
the immunity of the representative, the Member shall make the 
strongest efforts to achieve an equitable solution of the 
matter. Similarly, the Co-ordinator not only has the right, 
but is under a duty to waive the immunity of a staff member 
where, in the opinion of the Co-ordinator, the immunity would 
impede the course of justice, and where it can be waived 
without prejudice to the purpose for which the immunity is 
accorded. If the Co-ordinator does not waive the immunity of 
the staff member, he shall make the strongest efforts to 
achieve an equitable solution of the matter. The immunity of 
the Co-ordinator may only be waived by the Governing Council.

5. The Organization shall conclude a headquarters agreement 
with the Host Government, and may conclude agreements with 
other States in which offices of the Organization may be 
located, specifying the privileges and immunities and 
facilities to be enjoyed by the Organization to enable it to 
fulfil its objectives and to perform its functions.


Article 15

CO-OPERATION WITH DONOR GOVERNMENTS AND WITH OTHER 
ORGANIZATIONS AND INSTITUTIONS

1. The Contracting Parties agree that there should be a close 
working relationship between the Organization and the Food and 
Agriculture Organization of the United Nations (FAO). To this 
end the Organization shall enter into negotiations with FAO 
with a view to concluding an agreement pursuant to Article 
XIII of the FAO Constitution. Such agreement should provide, 
inter alia, that the Director-General of FAO may appoint a 
Representative who shall be entitled to participate in all 
meetings of the Organization in an advisory capacity, without 
the right to vote.

2. The Contracting Parties agree that there should be co-
operation between the Organization and Donor Governments whose 
contribution would further the activities of the Organization. 
To this end, the Organization may enter into agreements with 
such Donor Governments wherein provision may be made for their 
participation in certain activities of the Organization.

3. The Contracting Parties agree that there should be co-
operation between the Organization and other international 
organizations and institutions, especially those active in the 
fisheries sector, which might contribute to the work and 
further the objectives of the Organization. The Organization 
may enter into agreements with such organizations and 
institutions. Such agreements may include, if appropriate, 
provision for participation by such organizations and 
institutions in activities of the Organization.


Article 16

SIGNATURE, RATIFICATION, ACCESSION, ENTRY INTO FORCE AND 
ADMISSION

1. This Agreement shall be open for signature by the 
Governments in Asia and the Pacific listed in the Annex 
hereto, in Bangkok on 8th January 1988 and, thereafter, at the 
Headquarters of the Food and Agriculture Organization of the 
United Nations (FAO) in Rome until 7th January 1989. 
Governments which have signed the Agreement may become a party 
thereto by depositing an instrument of ratification. 
Governments which have not signed the Agreement may become a 
party thereto by depositing an instrument of accession.

2. Instruments of ratification or accession shall be deposited 
with the Director-General of FAO, who shall be the Depositary 
of this Agreement.

3. Subject to Article 6, paragraph 3 of this Agreement, and at 
any time after the entry into force thereof, any Government 
not referred to in paragraph 1 above may apply to the 
Director-General of FAO to become a member of the 
Organization. The Director-General of FAO shall inform Members 
of such application. The Governing Council shall then decide 
on the application in accordance with Article 6 and if a 
favourable decision is taken, invite the Government concerned 
to accede to this Agreement. The Government shall lodge its 
instrument of accession, whereby it consents to be bound by 
the provisions of this Agreement as from the date of its 
admission, with the Director-General of FAO within ninety days 
of the date of the invitation by the Governing Council.

4. This Agreement shall enter into force, with respect to all 
Governments which have ratified it or acceded thereto, on the 
date when instruments of ratification or accession have been 
deposited by at least five Governments listed in the Annex.


Article 17

AMENDMENT

1. The Governing Council may amend this agreement by a three-
quarters majority of the Members. Amendments shall take 
effect, with respect to all Contracting Parties, on the 
thirtieth day after their adoption by the Governing Council, 
except for any Contracting Party which gives notice of 
withdrawal within thirty days of receipt of notification of 
the adoption of such amendments, subject to the condition that 
any obligation incurred by the Member vis-a-vis the 
Organization shall remain valid and enforceable. Amendments 
adopted shall be notified to the Depositary forthwith.

2. Proposals for the amendment of this Agreement may be made 
by a Member in a communication to the Depositary, who shall 
promptly notify the proposal to all Members and to the Co-
ordinator of the Organization.

3. No proposal for amendment shall be considered by the 
Governing Council unless it was received by the Depositary at 
least one hundred and twenty days before the opening day of 
the session at which it is to be considered.


Article 18

WITHDRAWAL AND DISSOLUTION

1. At any time after the expiration of three years from the 
date when it became a party to this Agreement, any Member may 
give notice of its withdrawal from the Organization to the 
Depositary.
Such withdrawal shall take effect twelve months after the 
notice thereof was received by the Depositary or at any later 
date specified in the notice, provided, however, that any 
obligation incurred by the Member vis-a-vis the Organization 
shall remain valid and enforceable.

2. The Organization shall cease to exist at any time decided 
by the Governing Council by a three-quarters majority of the 
Members. The disposal of any real property belonging to the 
Organization shall be subject to the prior approval of the 
Governing Council. Any assets remaining after the land, 
buildings and fixtures have been disposed of, after the 
balance of any donated funds that have not been used has been 
returned to the respective donors, and after all obligations 
have been met, shall be distributed among the Governments 
which were Members of the Organization at the time of the 
dissolution, in proportion to the contributions that they made 
in accordance with Article 13, paragraph 2, for the year 
preceding the year of the dissolution.


Article 19

INTERPRETATION AND SETTLEMENT OF DISPUTES

1. Any dispute concerning the interpretation or application of 
this Agreement which cannot be settled by negotiation, 
conciliation or similar means may be referred by any party to 
the dispute to the Governing Council for its recommendation. 
Failing settlement of the dispute, the matter shall be 
submitted to an arbitral tribunal consisting of three 
arbitrators. The parties to the dispute shall appoint one 
arbitrator each; the two arbitrators so appointed shall 
designate by mutual consent the third arbitrator, who shall be 
the President of the tribunal. If one of the parties does not 
appoint an arbitrator within two months of the appointment of 
the first arbitrator, or if the President of the arbitral 
tribunal has not been designated within two months of the 
appointment of the second arbitrator, the Chairman of the 
Governing Council shall designate the arbitrator or the 
President, as the case may be, within a further two-month 
period.

2. The proceedings of the arbitral tribunal shall be carried 
out in accordance with the rules of the United Nations 
Commission on International Trade Law (UNCITRAL).

3. A Member which fails to abide by an arbitral award rendered 
in accordance with paragraph 1 of this Article may be 
suspended from the exercise of the rights and privileges of 
membership by a two-thirds majority of the Members.


Article 20

DEPOSITARY

The Director-General of FAO shall be the Depositary of this 
Agreement. The Depositary shall:

(a) send certified copies of this Agreement to the Governments 
invited as participants to the Conference of 
Plenipotentiaries, and to any other Government which so 
requests;

(b) arrange for the registration of this Agreement, upon its 
entry into force, with the Secretariat of the United Nations 
in accordance with Article 102 of the Charter of the United 
Nations;

(c) inform the Governments invited as participants to the 
Conference of Plenipotentiaries and any Government that has 
been admitted to membership in the Organization of:

(i) the signature of this Agreement and the deposit of 
instruments of ratification or accession in accordance with 
Article 16;
(ii) the date of entry into force of this Agreement in 
accordance with Article 16, paragraph 4;
(iii) notification of the desire of a Government to be 
admitted to membership in the Organization; and admissions, in 
accordance with Article 6;
(iv) proposals for the amendment of this Agreement and of the 
adoption of amendments, in accordance with Article 17; and

(d) convene the first session of the Governing Council of the 
Organization within six months after the entry into force of 
this Agreement, in accordance with Article 16, paragraph 4.


Article 21

ANNEX

The Annex shall constitute an integral part of this 
Agreement.

Done at Bangkok this eighth day of January 1988 in a single 
copy in the English language. The original text shall be 
deposited in the archives of the Food and Agriculture 
Organization of the United Nations in Rome.


Annex

LIST OF GOVERNMENTS INVITED TO THE CONFERENCE OF 
PLENIPOTENTIARIES


(Article 6, paragraph 2)

Australia
Bangladesh
Bhutan
Brunei
Burma
People's Republic of China
Cook Islands
Democratic Kampuchea
Democratic People's Republic of Korea
Fiji
France
Hong Kong
India
Indonesia
Japan
Republic of Korea
Laos
Malaysia
Maldives
Mongolia
Nepal
New Zealand
Pakistan
Papua New Guinea
Philippines
Samoa
Singapore
Solomon Islands
Sri Lanka
Thailand
Tonga
Tuvalu
United States of America
Vanuatu
Viet Nam

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

Environmental Treaties and Resource Indicators (ENTRI) -- Full Text

See the ENTRI query system for information about the status of this treaty.

See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE PACIFIC

Bangkok, 8 January 1988


The Contracting Parties,

Conscious of the paramount importance of fisheries as an 
essential sector of development in the Asia-Pacific region;

Recognizing that aquaculture plays a vital role in the 
promotion and better use of fishery resources;

Recognizing that the establishment and maintenance of a 
network of aquaculture centres in the region can make a 
significant contribution to the development of aquaculture;

Considering that the success of such a network will depend 
largely on close regional co-operation;

Considering that co-operation in this field can best be 
achieved through the establishment of an intergovernmental 
organization carrying out its activities in collaboration with 
other governments as well as organizations and institutions 
that may be able to provide financial and technical support;

Have agreed as follows:


Article 1

ESTABLISHMENT

The Contracting Parties hereby establish the Organization for 
the Network of Aquaculture Centres in Asia and the Pacific 
(NACA) with the objectives and functions set out hereinafter.


Article 2

DEFINITIONS

For the purpose of this Agreement:

"Aquaculture" means the farming of aquatic organisms.

"Donor Government" means a government, other than a Member 
Government, which makes a substantial contribution to the 
activities of the Organization and has concluded an agreement 
pursuant to Article 15 of this Agreement.

"Member" means a government which is a contracting party to 
this Agreement.

"National centre" means an aquaculture institution 
designated by a Member to serve as national focal point for 
linkage with NACA.

"Organization" means the Organization for the Network of 
Aquaculture Centres in Asia and the Pacific (NACA).

"Regional centre" means an aquaculture institution in the 
Asia-Pacific region selected by the Members to serve as a lead 
centre to share in the regional activities and 
responsibilities of NACA.


Article 3

OBJECTIVES

1. The objectives of the Organization shall be to assist the 
Members in their efforts to expand aquaculture development 
mainly for the purpose of: 

(a) increasing production;

(b) improving rural income and employment; 

(c) diversifying farm production; and

(d) increasing foreign exchange earnings and savings.

2. In order to facilitate the achievement of the foregoing 
objectives, the Organization shall:

(a) consolidate the establishment of an expanded network of 
aquaculture centres to share the responsibility of research, 
training and information exchange essential to aquaculture 
development in the region;

(b) strengthen institutional and personal links among national 
and regional centres through the exchange of technical 
personnel, technical know-how and information;

(c) promote regional self-reliance in aquaculture development 
through Technical Co-operation among Developing Countries 
(TCDC); and

(d) promote the role of women in aquaculture development.


Article 4

FUNCTIONS

In order to achieve its objectives, the Organization shall:

(a) conduct disciplinary and interdisciplinary research on 
selected aquafarming systems for adaptation or improvement of 
technologies, and for the development of new technologies;

(b) train and upgrade core personnel needed for national 
aquaculture planning, research, training, extension and 
development;

(c) establish a regional information system to provide 
appropriate information for development planning, research and 
training;

(d) assist Members in strengthening their national centres 
linked to the regional centres;

(e) assist the national centres of Members in testing and 
adapting existing technology to local requirements and in the 
training of technicians, extension workers and farmers at the 
national level;

(f) transfer to the Members appropriate aquaculture 
technologies and techniques developed at regional centres;

(g) facilitate the exchange of national experts, technical 
know-how and information within the framework of TCDC;

(h) develop programmes for the promotion of women's 
participation in aquaculture development at all levels;

(i) assist Members in feasibility studies and project 
formulation; and

(j) undertake such other activities related to the objectives 
of the Organization as may be approved by the Governing 
Council.


Article 5

SEAT

1. The Seat of the Organization shall be determined by the 
Governing Council, subject to the consent of the Member 
concerned.

2. The Host Government shall provide free of charge or at a 
nominal rent, such accommodation and facilities as are 
necessary for the efficient conduct of work at the Seat of the 
Organization.

3. If necessary, the Governing Council may establish 
subsidiary offices, subject to the consent of the Members 
concerned; in so doing account should be taken of the 
possibility of utilizing accommodation in existing centres.


Article 6

MEMBERSHIP

1. The Members of the Organization shall be the Contracting 
Parties to this Agreement.

2. The original Members of the Organization shall be the 
Governments in Asia and the Pacific invited to the Conference 
of Plenipotentiaries at which this Agreement was adopted, 
which have ratified the Agreement or have acceded thereto. A 
list of invited Governments is given in the Annex to this 
Agreement.

3. The Governing Council of the Organization may, by a 
majority of not less than two-thirds of the Members, authorize 
any Government not referred to in paragraph 2 above, which has 
submitted an application for membership, to accede to this 
Agreement as in force at the time of accession, in accordance 
with Article 16, paragraph 3.


Article 7 

RIGHTS AND OBLIGATIONS OF MEMBERS

1. Members shall, in accordance with this Agreement, have the 
right:

(a) to attend the meetings of the Governing Council and other 
appropriate meetings that may be called by the Organization;

(b) to obtain on request, free of charge within reasonable 
limits, information available within the Organization, on 
matters of their concern, including guidelines for obtaining 
technical assistance, and collaboration in the study of their 
problems; and

(c) to receive free of charge publications and other 
information that may be distributed by the Organization.

2. Members shall, in accordance with this Agreement, have the 
following obligations:

(a) to settle their financial obligations towards the 
Organization;

(b) to collaborate in determining the technical activities of 
the Organization;

(c) to provide, promptly, information reasonably requested by 
the Organization, to the extent that this is not contrary to 
any laws or regulations of the Members;

(d) to undertake assignments that may be mutually agreed 
between individual Members or groups of Members and the 
Organization;

(e) to accord to the Organization and its Members, in so far 
as it may be possible under the constitutional procedures of 
the respective Members, facilities which are deemed essential 
for the successful functioning of the Organization; and

(f) to collaborate, in general, in the fulfilment of the 
objectives and functions of the Organization.


Article 8

THE GOVERNING COUNCIL

1. The Organization shall have a Governing Council on which 
each Member shall be represented. The Governing Council shall 
be the supreme body of the Organization.

2. The Governing Council shall adopt its own Rules of 
Procedure.

3. The Governing Council shall hold an annual session at such 
time and place as it shall determine.

4. Special sessions of the Governing Council may be convened 
by the Co-ordinator at the request of not less than two-thirds 
of the Members.

5. The Governing Council may, in its Rules of Procedure, 
establish a procedure whereby the Chairman of the Governing 
Council may obtain a vote of the Members on a specific 
question without convening a meeting of the Council.

6. The Governing Council shall elect its Chairman and other 
officers.

7. Each Member shall have one vote. Unless otherwise provided 
in this Agreement, decisions of the Governing Council shall be 
taken by a majority of the votes cast. A majority of the 
Members shall constitute a quorum.

8. The Food and Agriculture Organization of the United Nations 
(FAO) shall be invited to be represented at meetings of the 
Governing Council in an advisory capacity.

9. Donor Governments may be represented at meetings of the 
Governing Council in accordance with an agreement concluded 
with the Organization under Article 15 of this Agreement.


Article 9 

FUNCTIONS OF THE GOVERNING COUNCIL

The functions of the Governing Council shall be:

1. (a) to determine the policy of the Organization and to 
approve by a majority of not less than two-thirds of the 
Members its programme of work and its budget, giving due 
consideration to the conclusions and recommendations of the 
Technical Advisory Committee referred to in Article 11;

(b) to assess, by a majority of not less than two-thirds of 
the Members, the contribution of Members as provided in 
Article 13;

(c) to establish special funds to enable the acceptance of 
additional resources for the development of programmes and 
projects;

(d) to lay down general standards and guidelines for the 
management of the Organization;

(e) to evaluate the progress of work and activities of the 
Organization including the auditing of accounts,
in accordance with policies and procedures established for the 
purpose by the Governing Council, and to give guidance to the 
Co-ordinator on the implementation of its decisions;

(f) to formulate and adopt the Financial Regulations and the 
Administrative Regulations, and to appoint auditors;

(g) to appoint the Co-ordinator of the Organization and to 
determine his conditions of service;

(h) to adopt rules governing the settlement of disputes, 
referred to in Article 19;

(i) to approve formal arrangements with governments as well as 
other organizations or institutions, including any 
headquarters agreement concluded between the Organization and 
the Host Government;

(j) to adopt the Staff Regulations which determine the general 
terms and conditions of employment of the staff;

(k) to approve agreements for co-operation to be concluded 
pursuant to Article 15; and

(l) to perform all other functions that have been entrusted to 
it by this Agreement or that are ancillary to the 
accomplishment of the approved activities of the Organization.


Article 10

OBSERVERS

Non-member Governments, organizations and institutions that 
are able to make a significant contribution to the activities 
of the Organization may, in accordance with the Rules of 
Procedure adopted under Article 8, paragraph 2, be invited to 
be represented at sessions of the Governing Council as 
observers.


Article 11 

TECHNICAL ADVISORY COMMITTEE

1. The Governing Council shall establish a Technical Advisory 
Committee composed of one representative designated by each 
Member of the Organization.

2. The representatives designated on the Technical Advisory 
Committee shall be persons with special competence and 
expertise in the field of aquaculture.

3. The Technical Advisory Committee shall meet at least once a 
year and at any time at the request of the Governing Council.

4. At its annual meeting the Committee shall designate one of 
the Committee members as Chairman who shall convene the next 
annual meeting of the Technical Advisory Committee.

5. The Technical Advisory Committee shall advise the Governing 
Council on all technical aspects of the activities of the 
Organization.

6. At each session, the Technical Advisory Committee shall 
adopt a report, which shall be submitted to the Governing 
Council.

7. FAO shall be invited to be represented at Sessions of the 
Technical Advisory Committee. Where appropriate, 
representatives of Donor Governments and of other 
organizations or institutions shall also be invited to be 
represented at such sessions.


Article 12

CO-ORDINATOR AND STAFF

1. The Organization shall have a Co-ordinator appointed by the 
Governing Council.

2. The Co-ordinator shall be the legal representative of the 
Organization. He shall direct the work of the Organization 
under the guidance of the Governing Council in accordance with 
its policies and decisions.

3. The Co-ordinator shall submit to the Governing Council at 
each regular session:

(a) a report on the work of the Organization, as well as the 
audited accounts; and

(b) a draft programme of work and a draft budget for the 
following year.

4. The Co-ordinator shall:

(a) prepare and organize the sessions of the Governing Council 
and all other meetings of the Organization and shall provide 
the secretariat therefor;

(b) ensure co-ordination among Members of the Organization;

(c) organize conferences, symposia, regional training 
programmes and other meetings in accordance with the approved 
programme of work;

(d) initiate proposals for joint action programmes with 
regional and other international bodies;

(e) be responsible for the management of the Organization;

(f) ensure the publication of research findings, training 
manuals, information print-outs and other materials as 
required;

(g) take action on other matters consistent with the 
objectives of the Organization; and

(h) perform any other function as may be specified by the 
Governing Council.

5. Staff members and consultants shall be appointed by the Co-
ordinator in accordance with the policy, general standards and 
guidelines laid down by the Governing Council and in 
accordance with the Staff Regulations. The Co-ordinator shall 
promulgate Staff Rules, as required, to implement the 
foregoing.


Article 13

FINANCES

1. The financial resources of the Organization shall be:

(a) the contributions of the Members to the budget of the 
Organization;

(b) the revenue obtained from the provision of services 
against payment;

(c) donations, provided that acceptance of such donations is 
compatible with the objectives of the Organization; and

(d) such other resources as are approved by the Governing 
Council and compatible with the objectives of the 
Organization.

2. Members undertake to pay annual contributions in freely 
convertible currencies to the regular budget of the 
Organization.

3. A Member which is in arrears in the payment of its 
financial contributions to the Organization shall have no vote 
in the Governing Council if the amount of its arrears equals 
or exceeds the amount of the contributions due from it for the 
two preceding calendar years. The Governing Council may, 
nevertheless, permit such a Member to vote if it is satisfied 
that the failure to pay was due to conditions beyond the 
control of the Member.

4. Unless otherwise agreed by the consensus of the Members of 
the Organization, each Member's financial liability to the 
Governing Council and to other Members and for the acts of 
omission and commission of the Governing Council shall be 
limited to the extent of its obligation to make contributions 
to the budget of the Organization.


Article 14 

LEGAL STATUS, PRIVILEGES AND IMMUNITIES

1. The Organization shall have juridical personality and such 
legal capacity as may be necessary for the fulfilment of the 
Organization's objectives and for the exercise of its 
functions.

2. The Organization shall be accorded the privileges and 
immunities necessary to perform its functions provided for in 
this Agreement. In addition, the representatives of Members 
and the Co-ordinator and staff of the Organization shall be 
accorded the privileges and immunities necessary for the 
independent exercise of their functions with the Organization 
as generally accorded to international
organizations in each country.

3. Each Member shall accord the status, privileges and 
immunities referred to above by applying, mutatis mutandis, to 
the Organization, the representatives of Members, and to the 
Co-ordinator and staff of the Organization the privileges and 
immunities provided for in the Convention on the Privileges 
and Immunities of the Specialized Agencies adopted by the 
General Assembly of the United Nations on 21 November 1947.

4. Privileges and immunities are accorded to the 
representatives of Members and to the Co-ordinator and staff 
of the Organization not for the personal benefit of the 
individuals themselves, but in order to safeguard the 
independent exercise of their functions in connection with the 
Organization. Consequently, a Member not only has the right 
but is under a duty to waive the immunity of its 
representatives in any case where, in the opinion of the 
Member, the immunity would impede the course of justice, and 
where it can be waived without prejudice to the purpose for 
which the immunity is accorded. If the Member does not waive 
the immunity of the representative, the Member shall make the 
strongest efforts to achieve an equitable solution of the 
matter. Similarly, the Co-ordinator not only has the right, 
but is under a duty to waive the immunity of a staff member 
where, in the opinion of the Co-ordinator, the immunity would 
impede the course of justice, and where it can be waived 
without prejudice to the purpose for which the immunity is 
accorded. If the Co-ordinator does not waive the immunity of 
the staff member, he shall make the strongest efforts to 
achieve an equitable solution of the matter. The immunity of 
the Co-ordinator may only be waived by the Governing Council.

5. The Organization shall conclude a headquarters agreement 
with the Host Government, and may conclude agreements with 
other States in which offices of the Organization may be 
located, specifying the privileges and immunities and 
facilities to be enjoyed by the Organization to enable it to 
fulfil its objectives and to perform its functions.


Article 15

CO-OPERATION WITH DONOR GOVERNMENTS AND WITH OTHER 
ORGANIZATIONS AND INSTITUTIONS

1. The Contracting Parties agree that there should be a close 
working relationship between the Organization and the Food and 
Agriculture Organization of the United Nations (FAO). To this 
end the Organization shall enter into negotiations with FAO 
with a view to concluding an agreement pursuant to Article 
XIII of the FAO Constitution. Such agreement should provide, 
inter alia, that the Director-General of FAO may appoint a 
Representative who shall be entitled to participate in all 
meetings of the Organization in an advisory capacity, without 
the right to vote.

2. The Contracting Parties agree that there should be co-
operation between the Organization and Donor Governments whose 
contribution would further the activities of the Organization. 
To this end, the Organization may enter into agreements with 
such Donor Governments wherein provision may be made for their 
participation in certain activities of the Organization.

3. The Contracting Parties agree that there should be co-
operation between the Organization and other international 
organizations and institutions, especially those active in the 
fisheries sector, which might contribute to the work and 
further the objectives of the Organization. The Organization 
may enter into agreements with such organizations and 
institutions. Such agreements may include, if appropriate, 
provision for participation by such organizations and 
institutions in activities of the Organization.


Article 16

SIGNATURE, RATIFICATION, ACCESSION, ENTRY INTO FORCE AND 
ADMISSION

1. This Agreement shall be open for signature by the 
Governments in Asia and the Pacific listed in the Annex 
hereto, in Bangkok on 8th January 1988 and, thereafter, at the 
Headquarters of the Food and Agriculture Organization of the 
United Nations (FAO) in Rome until 7th January 1989. 
Governments which have signed the Agreement may become a party 
thereto by depositing an instrument of ratification. 
Governments which have not signed the Agreement may become a 
party thereto by depositing an instrument of accession.

2. Instruments of ratification or accession shall be deposited 
with the Director-General of FAO, who shall be the Depositary 
of this Agreement.

3. Subject to Article 6, paragraph 3 of this Agreement, and at 
any time after the entry into force thereof, any Government 
not referred to in paragraph 1 above may apply to the 
Director-General of FAO to become a member of the 
Organization. The Director-General of FAO shall inform Members 
of such application. The Governing Council shall then decide 
on the application in accordance with Article 6 and if a 
favourable decision is taken, invite the Government concerned 
to accede to this Agreement. The Government shall lodge its 
instrument of accession, whereby it consents to be bound by 
the provisions of this Agreement as from the date of its 
admission, with the Director-General of FAO within ninety days 
of the date of the invitation by the Governing Council.

4. This Agreement shall enter into force, with respect to all 
Governments which have ratified it or acceded thereto, on the 
date when instruments of ratification or accession have been 
deposited by at least five Governments listed in the Annex.


Article 17

AMENDMENT

1. The Governing Council may amend this agreement by a three-
quarters majority of the Members. Amendments shall take 
effect, with respect to all Contracting Parties, on the 
thirtieth day after their adoption by the Governing Council, 
except for any Contracting Party which gives notice of 
withdrawal within thirty days of receipt of notification of 
the adoption of such amendments, subject to the condition that 
any obligation incurred by the Member vis-a-vis the 
Organization shall remain valid and enforceable. Amendments 
adopted shall be notified to the Depositary forthwith.

2. Proposals for the amendment of this Agreement may be made 
by a Member in a communication to the Depositary, who shall 
promptly notify the proposal to all Members and to the Co-
ordinator of the Organization.

3. No proposal for amendment shall be considered by the 
Governing Council unless it was received by the Depositary at 
least one hundred and twenty days before the opening day of 
the session at which it is to be considered.


Article 18

WITHDRAWAL AND DISSOLUTION

1. At any time after the expiration of three years from the 
date when it became a party to this Agreement, any Member may 
give notice of its withdrawal from the Organization to the 
Depositary.
Such withdrawal shall take effect twelve months after the 
notice thereof was received by the Depositary or at any later 
date specified in the notice, provided, however, that any 
obligation incurred by the Member vis-a-vis the Organization 
shall remain valid and enforceable.

2. The Organization shall cease to exist at any time decided 
by the Governing Council by a three-quarters majority of the 
Members. The disposal of any real property belonging to the 
Organization shall be subject to the prior approval of the 
Governing Council. Any assets remaining after the land, 
buildings and fixtures have been disposed of, after the 
balance of any donated funds that have not been used has been 
returned to the respective donors, and after all obligations 
have been met, shall be distributed among the Governments 
which were Members of the Organization at the time of the 
dissolution, in proportion to the contributions that they made 
in accordance with Article 13, paragraph 2, for the year 
preceding the year of the dissolution.


Article 19

INTERPRETATION AND SETTLEMENT OF DISPUTES

1. Any dispute concerning the interpretation or application of 
this Agreement which cannot be settled by negotiation, 
conciliation or similar means may be referred by any party to 
the dispute to the Governing Council for its recommendation. 
Failing settlement of the dispute, the matter shall be 
submitted to an arbitral tribunal consisting of three 
arbitrators. The parties to the dispute shall appoint one 
arbitrator each; the two arbitrators so appointed shall 
designate by mutual consent the third arbitrator, who shall be 
the President of the tribunal. If one of the parties does not 
appoint an arbitrator within two months of the appointment of 
the first arbitrator, or if the President of the arbitral 
tribunal has not been designated within two months of the 
appointment of the second arbitrator, the Chairman of the 
Governing Council shall designate the arbitrator or the 
President, as the case may be, within a further two-month 
period.

2. The proceedings of the arbitral tribunal shall be carried 
out in accordance with the rules of the United Nations 
Commission on International Trade Law (UNCITRAL).

3. A Member which fails to abide by an arbitral award rendered 
in accordance with paragraph 1 of this Article may be 
suspended from the exercise of the rights and privileges of 
membership by a two-thirds majority of the Members.


Article 20

DEPOSITARY

The Director-General of FAO shall be the Depositary of this 
Agreement. The Depositary shall:

(a) send certified copies of this Agreement to the Governments 
invited as participants to the Conference of 
Plenipotentiaries, and to any other Government which so 
requests;

(b) arrange for the registration of this Agreement, upon its 
entry into force, with the Secretariat of the United Nations 
in accordance with Article 102 of the Charter of the United 
Nations;

(c) inform the Governments invited as participants to the 
Conference of Plenipotentiaries and any Government that has 
been admitted to membership in the Organization of:

(i) the signature of this Agreement and the deposit of 
instruments of ratification or accession in accordance with 
Article 16;
(ii) the date of entry into force of this Agreement in 
accordance with Article 16, paragraph 4;
(iii) notification of the desire of a Government to be 
admitted to membership in the Organization; and admissions, in 
accordance with Article 6;
(iv) proposals for the amendment of this Agreement and of the 
adoption of amendments, in accordance with Article 17; and

(d) convene the first session of the Governing Council of the 
Organization within six months after the entry into force of 
this Agreement, in accordance with Article 16, paragraph 4.


Article 21

ANNEX

The Annex shall constitute an integral part of this 
Agreement.

Done at Bangkok this eighth day of January 1988 in a single 
copy in the English language. The original text shall be 
deposited in the archives of the Food and Agriculture 
Organization of the United Nations in Rome.


Annex

LIST OF GOVERNMENTS INVITED TO THE CONFERENCE OF 
PLENIPOTENTIARIES


(Article 6, paragraph 2)

Australia
Bangladesh
Bhutan
Brunei
Burma
People's Republic of China
Cook Islands
Democratic Kampuchea
Democratic People's Republic of Korea
Fiji
France
Hong Kong
India
Indonesia
Japan
Republic of Korea
Laos
Malaysia
Maldives
Mongolia
Nepal
New Zealand
Pakistan
Papua New Guinea
Philippines
Samoa
Singapore
Solomon Islands
Sri Lanka
Thailand
Tonga
Tuvalu
United States of America
Vanuatu
Viet Nam