Agreement for the Establishment of ASEAN Animal Health Trust Fund (AHTF) [*]
Done at: Singapore
Date enacted: 2006-11-17
In force: 2006-11-17
The Governments of Brunei Darussalam, Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member Countries of the Association of Southeast Asian Nations (hereinafter collectively referred to as “ASEAN” or “Member Countries” or singularly as “Member Country”);
Desiring to accelerate and intensify the implementation of the aims and purposes of ASEAN as embodied in the ASEAN Declaration 1967;
Realising the necessity for a fund to facilitate the implementation of unified and harmonised animal health projects in the ASEAN region;
and recognising the principle of self-reliance in the pursuit of animal health projects, which are vital and strategic to ASEAN interests in view of increasing global competition.
Do hereby agree as follows:
Article 1
Establishment
The Member Countries shall establish a fund for ASEAN animal health projects called the ASEAN Animal Health Trust Fund (hereinafter referred to as “the Fund”).
Article 2
The ASEAN Animal Health Trust Fund
| 1. |
Contributions made by each Member Country to the Fund shall be paid into an account under the name of “The ASEAN Animal Health Trust Fund” and the schedule for contributions by respective Member Countries is set out in Annex A. |
| 2. |
The Fund shall have two accounts, namely the Seed Fund Account and the Project Fund Account. |
| 3. |
Contributions made by international donor agencies or the private sector for specific projects or activities shall be paid into the Project Fund Account. |
| 4. |
Voluntary contributions to the Seed Fund Account by member countries, international donor agencies and other funding sources shall also be encouraged. |
| 5. |
The Seed Fund shall be invested to realise income for the Fund. The Project Fund shall provide financing for approved projects. Unless otherwise agreed upon by Member Countries, at least 20% of the annual income from the Seed Fund shall be ploughed back to the Seed Fund Account; the balance shall accrue to the Project Fund Account. |
| 6. |
Contributions to the Fund shall be made in United States Dollar (USD). |
| 7. |
The Fund may be increased from time to time as agreed upon by the ASEAN Ministers on Agriculture and Forestry (hereinafter referred to as “AMAF”). |
| [Annotation 1] |
|
Article 3
Investment of the Fund
| 1. |
The portion of the Fund set aside as Seed Fund shall be treated as a capital investment and shall not be used for project financing. The investment of the Seed Fund shall be governed by the objective of maximising income while at the same time ensuring safety and stability in the value of the Seed Fund. |
| 2. |
The Seed Fund shall be managed by an Investment Manager(s) appointed by the Secretary-General of ASEAN upon approval of Senior Officials Meeting for ASEAN Ministers on Agriculture and Forestry (hereinafter referred to as “SOM-AMAF”). |
Article 4
Utilisation of the Fund
The utilisation of the Fund shall be in accordance with the “Guidelines for the Utilisation of the ASEAN Animal Health Trust Fund” (hereinafter referred to as “the Guidelines”) contained in Annex B hereto.
Article 5
Management, control, disbursement accounting and audit
The management, control, disbursement, accounting and audit of the Fund shall be in accordance with the “Rules Governing Management, Disbursement, Accounting and Audit of the ASEAN Animal Health Trust Fund” (hereinafter referred to as “the Rules”) contained in Annex C hereto.
Article 6
Amendments
Any amendments to this Agreement (including its Annexes) shall be mutually agreed upon in writing by all the Member Countries.
Article 7
Dispute settlement
In the event of any dispute or disagreement in the interpretation or application of this Agreement, the Member Countries shall resolve the matter amicably through consultations and negotiations.
Article 8
Annexes
The Annexes to this Agreement shall form an integral part of this Agreement.
Article 9
Entry into force and termination
This Agreement shall enter into force on the date of signature by all the Member Countries and shall remain in force until it is terminated by the decision of the AMAF, who will decide on the utilisation of the remaining fund.
Article 10
Depository
This Agreement shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each Member Country.
In witness thereof the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done in Singapore, this Seventeenth Day of November in the Year Two Thousand and Six a single original copy in the English Language. For the Government of Brunei Darussalam:
Annex A
Nature and schedule of contributions by Member Countries to the ASEAN Animal Health Trust Fund (AHTF)
[Omitted]
Annex B[Annotation 2]
Guidelines for the utilisation of the ASEAN Animal Health Trust Fund
[Omitted]
| [Annotation 2] |
|
Annex C
Rules governing management, disbursement, accounting and audit of the ASEAN Animal Health Trust Fund
[Omitted]
| [*] |
Amended by Protocol signed 2007-11-02, in force 2007-11-02. |