Constitution of the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region (INFOSAMAK) [*]
Done at: Manama
Date enacted: 1993-06-23
In force: 1993-06-24
The Contracting Parties
Conscious of the great importance of fisheries as a significant sector of the development of the Arab countries;
Recognizing that most Arab countries would benefit greatly from the development of their fisheries which may partly depend on the establishment of an international market information service for fishery products, leading to a more balanced supply situation on the markets, promote a more regular pattern of prices and encourage the best use to be made of fishery resources;
Realizing that the promotion and success of such services can be facilitated through regional cooperation;
Considering that the said cooperation can best be achieved through the establishment of an international institution carrying out its activities in collaboration with States, international organizations, institutions and also private entities that may be able to provide financial and technical support;
Have agreed to establish the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region, hereinafter referred to as "INFOSAMAK" that shall be organized and operated in accordance with the present Constitution:
Article 1
Definitions
Within the meaning of this Constitution;
a. |
"Members" shall mean the Member States as well as the Associate Members referred to in Article 5(2) and (3); |
b. |
"Bye-laws" shall mean the bye-laws of the Centre as approved by its General Assembly; |
c. |
"Institution" shall mean any national or international organ or other body concerned with fisheries; |
d. |
"Region" (or "regional") shall mean the Arab Region. |
Article 2
Objectives
The objectives of INFOSAMAK shall be to provide marketing information and advisory services relating to fishery products of the Region and, in particular:
a. |
to enable the fisheries of the Region to develop in accordance with current and future market demand and to take full advantage of the potential offered by their fishery resources; |
b. |
to contribute to more balanced supplies of fishery products in the Arab Region; |
c. |
to make the best use of export opportunities within and outside the Region; and |
d. |
to promote economic and technical cooperation among its Members in this sector. |
Article 3
Functions
For the achievement of its objectives, INFOSAMAK shall:
a. |
provide to its Members information on marketing opportunities and supply prospects of fishery products within and outside the Region; |
b. |
advise on product specifications, processing methods and quality standards in accordance with market requirements; |
c. |
assist its Members under payment of broker fees in developing new marketing opportunities for fishery resources that are not fully utilized for human consumption; |
d. |
assist in the planning and implementation of national fish market information and research activities in the Region; |
e. |
train staff in governments, institutions and industry that are Members of INFOSAMAK, in marketing development and strengthen national institutions involved in this field. |
Article 4
Legal status, privileges and immunities
1. |
INFOSAMAK shall be an independent intergovernmental organization having the capacity of a legal person to perform any legal act that is necessary or useful for the carrying out of its functions or for the exercise of its powers under this Constitution. In particular, INFOSAMAK shall have the capacity to hold movable and immovable properties, to enter into contracts and to institute legal proceedings. |
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2. |
The seat of INFOSAMAK shall be determined by the General Assembly by a two-third majority of its Member States. The host State shall make available to the Centre, without charge, the premises and facilities required for its operation as described in the Headquarters Agreement annexed to this Constitution. |
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3. |
Each Member State of INFOSAMAK shall grant:
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4. |
Without prejudice to paragraph 3, the host State undertakes to accord the privileges, immunities and facilities set out in the Headquarters Agreement. |
Article 5
Membership
1. |
There shall be two classes of membership to INFOSAMAK: Member States and Associate Members. |
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2. |
Member States shall be the Arab States which sign or accept this Constitution by way of an instrument of acceptance sent to the Depositary of the Constitution as provided for in Article 21, paragraphs 1 and 3. |
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3. |
Associate membership shall be open to:
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4. |
The original Members of INFOSAMAK shall be the Arab States which participated in the Constituent Assembly of INFOSAMAK, and which have signed this Constitution or accepted it. |
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5. |
The General Assembly of the Centre may, by a two-thirds majority of its Member States present and voting, admit as Associate Member of the Centre any entity referred to in paragraph 3 above, which has submitted an application for associate membership. |
Article 6
Rights and obligations of Members
1. |
All Members may:
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2. |
All Members shall:
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Article 7
Right to vote
Only the Member States of INFOSAMAK, shall have the right to vote at the sessions of the General Assembly and any meeting convened by INFOSAMAK.
Article 8
Organs of the Centre
1. |
The organs of INFOSAMAK shall be:
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2. |
The Bye-laws of INFOSAMAK to be adopted by the General Assembly in accordance with Article 10 (s) shall, inter alia, prescribe the rules of procedure for the various organs of INFOSAMAK. |
Article 9
The General Assembly
1. |
The General Assembly shall consist of all Members of INFOSAMAK. |
2. |
The General Assembly shall hold regular sessions once every two years at such time and place as it shall determine. |
3. |
Extraordinary sessions may be convened in accordance with the rules of procedure of the General Assembly. |
4. |
The General Assembly shall elect from among the representatives of the INFOSAMAK Member States a Chairman, a First Vice-Chairman and a Second Vice-Chairman which term of office will be of two years. In electing them, the General Assembly shall take due account of the necessity to have different parts of the Region represented. |
Article 10
Functions of the General Assembly
The General Assembly shall:
a. |
examine and approve the report of the activities of the Centre; |
b. |
examine and approve the financial report of the Centre; |
c. |
appoint the Director of the Centre; |
d. |
appoint an Auditor; |
e. |
examine the report of the Auditor; |
f. |
determine the strategies and policies of the Centre and approve its biannual Programme of Work and its Budget; |
g. |
appoint the Technical Committee members; |
h. |
review, provide guidance on, and coordinate the activities of all the organs of the Centre contemplated in this Constitution; |
i. |
admit the Associate Members of the Centre in accordance with Article 5.5; |
j. |
examine and decide on any matters put before it by the Technical Committee; |
k. |
examine and adopt rules governing the activities of the Centre and its organs; |
l. |
lay down general standards and guidelines for the management of the Centre, including for the fees to be charged for services; |
m. |
adopt rules governing the settlement of disputes, referred to in Article 19; |
n. |
determine the admission fees, the annual fees and the annual contribution to be paid by the Centre's Members; |
o. |
establish, whenever necessary, sub-regional offices; |
p. |
amend, whenever necessary, this Constitution and the annexed Headquarters Agreement under the conditions provided for in Article 18; |
q. |
approve formal arrangements with States, international organizations and institutions; |
r. |
set up any subsidiary body that it deems to be necessary in order to attain the object or carry out the functions of the Centre; |
s. |
adopt the Centre's Bye-laws, including the Financial Regulations and the Staff Regulations which fix the general conditions of employment of the staff; |
t. |
establish, if necessary, a reserve account and determine the rules governing its functions; |
u. |
examine any other matter relevant to the objectives or activities of the Centre that it deems appropriate. |
Article 11
Functions of the Chairman
The Chairman shall preside at the sessions of the General Assembly. In the absence or incapacity of the Chairman, the First Vice-Chairman shall exercise the functions of the Chairman. In the absence or incapacity of both the Chairman and the First Vice-Chairman, the Second Vice-Chairman shall exercise these functions.
Article 12
Technical Committee
1. |
The Technical Committee shall consist of six members appointed by the General Assembly for a two-year term, renewable once. The Technical Committee shall elect from among its members a Chairman and a Vice-Chairman for a two year term, renewable. The Director of INFOSAMAK will attend the Technical Committee sessions. |
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2. |
The members are elected on the Technical Committee in their personal capacity. The members of the Technical Committee shall be persons specialized in questions relating to the marketing and trade of fishery products. |
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3. |
The Technical Committee is empowered to endorse applications for associate membership of any institution or any entity referred to in Article 5.3 and to place these before the General Assembly. |
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4. |
The Technical Committee meets at least once a year. |
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5. |
The Technical Committee shall:
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6. |
All decisions of the Technical Committee shall be taken by a simple majority of the votes cast. A simple majority of the members of the Technical Committee shall constitute a quorum. In case of equal votes, the vote of the Chairman will prevail. |
Article 13
Director and Staff
1. |
The Centre shall have a Director appointed by the General Assembly on such conditions as it may determine. The tenure of the Director is four years. His term may be renewed by a decision of the General Assembly. |
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2. |
The Director shall be the legal representative of INFOSAMAK. He shall direct the work of INFOSAMAK in accordance with the policy and decisions adopted by the General Assembly, and under the guidance of the Technical Committee. |
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3. |
The Director shall, through the Technical Committee, submit to the General Assembly at each regular session:
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4. |
The Director shall prepare and organize the sessions of the General Assembly, the Technical Committee and all other meetings of INFOSAMAK. He shall provide the secretariat for such meetings and shall have the right to attend them. |
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5. |
Staff members of INFOSAMAK shall be appointed by the Director in accordance with the policy, general standards and guidelines laid down by the General Assembly. In appointing the staff of INFOSAMAK, the Director shall ensure the highest standards of efficiency, professional competence and integrity, and give preference to nationals of Member States. |
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6. |
The staff of INFOSAMAK shall be responsible to the Director. They shall not seek or receive instructions in regard to the performance of their duties from any authority external to INFOSAMAK. No staff member may be engaged in outside commercial activities relating to fishery resources exploitation, utilization and trade or in any other activity which may be incompatible with the independence, autonomy and integrity that their functions at INFOSAMAK require. |
Article 14
Finances
1. |
The financial resources of the Centre shall be:
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2. |
Members undertake to pay annual contributions, admission fees, annual fees and any other sum due to the Centre in freely convertible currency. |
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3. |
Any Member of INFOSAMAK two years in arrears in the payment of the contributions or fees shall be suspended until such arrears have been paid in full. |
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4. |
Any Member continuing to fail in any of the obligations incumbent on it pursuant to this Constitution may be temporarily debarred from INFOSAMAK by decision of the General Assembly. |
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5. |
At each regular session, the General Assembly shall, by a two-thirds majority of the votes cast and representing not less than half of the Centre's Member States, approve the Budget of INFOSAMAK and determine the admission fees and the annual fees to be paid by the Associate Members, as well as the aggregate amount of contributions to be paid by the Member States, for the following biennium. |
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6. |
The General assembly shall establish a scale of contributions, approved by unanimous vote and taking into account the Gross National Product per capita, the total value of fish exports or imports and fish exports as a percentage of total exports of each Member State. |
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7. |
The Centre shall be operated having regard to generally accepted commercial principles. To this end, INFOSAMAK shall charge for the services it grants, at rates set by the General Assembly, with a view to the revenue thus derived covering the operating costs and administrative expenses of the Centre and replacement of operating assets. |
Article 15
Observers
1. |
The Director, at the request of the General Assembly, shall invite non-Member States, as well as regional or worldwide organizations and institutions to attend meetings of the General Assembly, Technical Committee and subsidiary bodies of INFOSAMAK, in an observer capacity. |
2. |
Any institution, whether public or private, national, regional or worldwide may, upon request in writing to the General Assembly, be authorized to attend meetings of the General Assembly, Technical Committee and subsidiary bodies of INFOSAMAK, in an observer capacity. |
3. |
Observers shall have no right to vote and may take the floor only on matters relating to their own activities and at the invitation of the chairman of the meeting concerned. |
Article 16
Agreements and relations with States, international organizations and institutions
1. |
The General Assembly may approve any agreement or other arrangement it deems necessary with any State, international organization or institution. |
2. |
There shall be a working relationship between INFOSAMAK and the Food and Agriculture Organization of the United Nations. To this end, INFOSAMAK shall enter into negotiations with the Food and Agriculture Organization of the United Nations with a view to concluding an agreement thereon. Such an agreement shall provide, inter alia, for the Director-General of the Food and Agriculture Organization of the United Nations to appoint a representative who will participate in all meetings of INFOSAMAK, but without the right to vote. |
3. |
There shall be cooperation between INFOSAMAK and other international fisheries institutions which may contribute to the work of the Centre. INFOSAMAK may enter into agreements with such institutions. |
Article 17
Bye-laws and special rules
1. |
For the discharge of the functions of INFOSAMAK, as prescribed in this Constitution, the General Assembly shall adopt Bye-laws governing the following matters, in particular:
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2. |
The Bye-laws shall be supplemented with the Financial Regulations and the Staff Regulations as well as with special rules to be adopted by the General Assembly as the need arises and governing the following matters:
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Article 18
Amendments
1. |
The General Assembly may amend this Constitution by a two-third majority of the votes cast and representing no less than half of the Member States of INFOSAMAK. |
2. |
Proposals for amendments to this Constitution may be made by any Member State of INFOSAMAK, by communication addressed to the Depositary. The Depositary shall immediately forward the proposal for amendment to all Members. No proposal for the amendment of this Constitution shall be placed on the agenda of the General Assembly unless the Depositary has brought it to the notice of the Members of INFOSAMAK at least 45 days prior to the opening session of the General Assembly. |
3. |
Amendments shall take effect, with respect to Members, on the date chosen by the General Assembly at the moment of their adoption. |
Article 19
Settlement of disputes
Any dispute arising between Members of INFOSAMAK concerning the interpretation and application of the provisions of this Constitution, which has not been possible to settle by the parties concerned, shall be submitted to the General Assembly, whose decision shall be final.
Article 20
Withdrawal and dissolution
1. |
Any Members may withdraw from INFOSAMAK one year following the date of joining by addressing the original and one copy of the notice of withdrawal to the Depositary. Withdrawal shall take effect one year following the date of receipt of the written notice. |
2. |
The Constitution of INFOSAMAK may be denounced and the dissolution of the Centre decided upon by a three-fourths majority of its Member States. In such a case the Chairman of the General Assembly shall immediately notify the decision to the Depositary. |
3. |
As soon as possible after INFOSAMAK's dissolution and after all the obligations of INFOSAMAK have been met and any unused balance of any donated funds has been restored to the donor, its assets shall be distributed among the Members at the time of dissolution, in proportion to the annual contributions made in the year in which dissolution took effect. Should the assets of INFOSAMAK, exclusive of the balance of unused donated funds which shall be returned to the donors, be insufficient to meet INFOSAMAK's obligations, all the Members shall be responsible for the settlement of the outstanding obligations in the proportion aforementioned. |
Article 21
Signature, acceptance and entry into force
1. |
The Arab States may become parties to this Constitution by:
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2. |
This Constitution shall be open for signature in Manama (Bahrain), on 24 June 1993, and thereafter, at the Headquarters of the Food and Agriculture Organization of the United Nations (FAO) in Rome. |
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3. |
Instruments of acceptance shall be deposited with the Director-General of FAO, who shall be the Depositary of the present Constitution. |
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4. |
This Constitution shall enter into force with respect to all States that have signed it or have accepted it, once it has been signed or accepted, by not less than half of the States, participating in the Constituent Assembly. Any other Arab State shall become a party to this Constitution on the date of its signature or of the deposit of its instrument of acceptance. |
Article 22
Depositary
1. |
The Depositary shall:
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2. |
The original of this Constitution shall be deposited in the archives of the Food and Agriculture Organization of the United Nations (FAO) in Rome. |
Article 23
Annex
The Headquarters Agreement annexed hereto shall constitute an integral part of this Constitution.
Done in Manama, Bahrain, on 24 June 1993 in a single copy in the Arabic, English and French languages, each version being equally authoritative.
Annex to the Constitution
Headquarters Agreement
Recognition of the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region (INFOSAMAK) and the granting of privileges and immunities by the Host State
Introduction
Pursuant to Article 4, paragraphs 2 and 4 of this Constitution, and without prejudice to paragraph 3 of Article 4, the present Annex relates to the additional rights and obligations of the Host State. It shall apply to the State referred to in Part B (the State of Bahrain) for as long as that State is the Host State.
Part A - General provisions
Section 1- Privileges, immunities and facilities accorded to INFOSAMAK
1. |
Without prejudice to Article 4, paragraphs 3 and 4 of this Constitution, the Host State undertakes to accord the following privileges, immunities and facilities to INFOSAMAK and to its property, funds and assets, wherever located in that State:
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2. |
The Host State shall exercise due diligence to ensure that the security and tranquillity of the premises of INFOSAMAK are not in any way impaired and shall, at the request of the Director of INFOSAMAK, provide adequate police protection where necessary. |
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3. |
INFOSAMAK shall enjoy for its official communications treatment not less favourable than that accorded to any international organization or government, including the diplomatic missions of such other governments, in the Host State, in the matter of priorities and rates for mail, cables, telephone and other communications. |
Section 2: Privileges, immunities and facilities accorded to official representatives, the Director, the Deputy Director and other staff of INFOSAMAK, experts and consultants
1. |
Without prejudice to Article 4, paragraph 3(b) of this Constitution, the Host State undertakes to accord the following privileges, immunities and facilities:
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2. |
In addition to the privileges and immunities referred to in paragraph 1, the Director, the Deputy Director and other staff, experts and consultants of INFOSAMAK, provided that they are not nationals of the Host State, shall be granted the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missions. |
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3. |
Subject to the application of measures for the maintenance of public health and security, agreed upon between the Host State and INFOSAMAK, the Host State shall impose no impediment on the entry into, sojourn in and departure from its territory of the representatives of Member States or Associate Members of INFOSAMAK and of international organizations or institutions referred to in paragraph 1(a), and their spouses, or of the Director, the Deputy Director and other staff, experts and consultants of INFOSAMAK, and their spouses and dependants, or of any person visiting INFOSAMAK in connection with its work. |
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4. |
Any visa required for any person referred to in paragraph 3 shall be granted or extended promptly and without charge. |
Section 3 - Enforcement of the law of the Host State
INFOSAMAK shall cooperate with the appropriate authorities of the Host State to facilitate the proper administration of justice, secure the observance of police regulations, and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities conferred pursuant to Article 4, paragraph 3 of this Constitution or to the present Annex. INFOSAMAK shall promptly examine requests for a waiver of immunity made by the Host State.
Section 4 - Amendment of this Part
1. |
Subject to paragraph 2, the present Part A of this Annex may be amended in the manner set out in Article 18 of this Constitution. |
2. |
Notwithstanding any other provision of this Constitution, including the present Annex, no amendment to this Part may be adopted unless the Host State has expressly consented thereto. |
Part B - Specific provisions concerning the State of Bahrain
Section 1 - Premises of INFOSAMAK and related facilities
1. |
The seat of INFOSAMAK shall be located in Manama. |
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2. |
In fulfilment of its obligations in accordance with Article 4, paragraph 2 of the Constitution, the State of Bahrain undertakes to arrange for:
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3. |
At the request of INFOSAMAK, the State of Bahrain shall undertake at its own expense all necessary repairs to the premises referred to in paragraph 2(a) with the exception of those which can be considered as day-to-day maintenance of the said premises. |
Section 2: Privileges, immunities and facilities
1. |
The taxes referred to in Section l, paragraph l(e), of Part A shall include customs duties and dues on motor vehicles, furniture and equipment. Likewise, legacies and donations, including anything considered necessary by INFOSAMAK for its establishment or for attaining its objectives, shall also be exempt from such taxes and dues. |
2. |
Any funds or property transferred by INFOSAMAK, for educational or scientific purposes, to any natural person or to any nonprofit organization shall be exempt from the payment of taxes by such person or organization. |
3. |
Staff members of INFOSAMAK, including the Director, shall, provided that they are not nationals of the State of Bahrain be permitted to maintain assets outside the State of Bahrain and be exempt from any form of taxation on income derived from sources outside the State of Bahrain or on property outside the State of Bahrain. They shall furthermore be exempt from national service obligations. |
4. |
The State of Bahrain shall adopt the legislation necessary to give effect to the legal capacity of INFOSAMAK and to the privileges, immunities and facilities referred to in this Constitution, including the present Annex. |
Section 3: Amendment of this Part
1. |
Subject to paragraph 2, the present Part B of this Annex may be amended in the manner set out in Article 18 of this Constitution. |
2. |
Notwithstanding any other provision of this Constitution, including the present Annex, no amendment to this Part may be adopted unless the State of Bahrain has expressly consented thereto. |
Annex II to the Final Act
Resolution I
The constituent Assembly of the Centre for Marketing Information and Advisory Services for Fishery Products in The Arab Region (INFOSAMAK),
Having adopted the Constitution of the Centre for Marketing Information and Advisory Services for fishery products in the Arab region (INFOSAMAK);
Being aware of the need to implement the provisions of the Constitution immediately upon termination of the INFOSAMAK project;
Being further aware of the special efforts made by the United Nations Development Programme (UNDP) and by the Food and Agriculture Organization of the United Nations (FAO) in favour of the INFOSAMAK project;
Taking into consideration the difficulties that will be encountered during the start up period of the Centre for Marketing Information and Advisory Services for fishery products in the Arab Region (INFOSAMAK);
Being equally aware of the experience gained by FAO in establishing similar institutions in other regions;
Recommends:
a. |
that FAO shall, during the transitional period following immediately the entering into force of the Constitution, take all necessary steps for the effective establishment of the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region (INFOSAMAK). |
b. |
that FAO, in cooperation with States, intergovernmental organizations or other institutions take an active part in the operational stage of the Centre and provide it with full support, including by seconding the Director of the Centre. |
Annex III to the Final Act
Resolution 2
The constituent Assembly of the Centre for Marketing Information and Advisory Services for Fishery Products in The Arab Region (INFOSAMAK),
Having adopted the Constitution of the Centre for Marketing Information and Advisory Services for Fishery Products in the Arab Region (INFOSAMAK) and the Headquarters Agreement attached thereto;
Taking into consideration the fact that the Constitution of INFOSAMAK entered into force on the 24 June 1993;
Being aware of the need for the Ministry of Foreign Affairs to have the Headquarters Agreement examined by the Ministry of Legal Affairs before signature;
Recommends that the Government of the State of Bahrain initiate the procedures required to have the Headquarters Agreement for INFOSAMAK in force and implemented as soon as possible.
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As amended 1995-03-16. The amendments entered into force immediately for all countries. |