AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES

AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN ASIA AND THE ACIFIC (NACA)

FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES FOR
THE ADOPTION OF AN AGREEMENT ON THE NETWORK
OF
AQUACULTURE CENTRES IN ASIA AND THE PACIFIC
(NACA)

Bangkok, Thailand, 5-8 January, 1988

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1. At its First Meeting held in Surabaya, Indonesia, from 25th to 28th November, 1986, the Provisional Governing Council of the Network of Aquaculture Centres in Asia (NACA), endorsed the establishment of NACA as an independent regional organization and requested the Food and Agriculture Organization of the United Nations (FAO) to continue to assist them in achieving this objective. Further to that request, the Director-General of FAO convened a Conference of Plenipotentiaries for the adoption of an Agreement on the Network of Aquaculture Centres in Asia and the Pacific (NACA).

2. The Conference of Plenipotentiaries was held in Bangkok, Thailand, from 5th to 8th January 1988.

3. The following Governments were represented at the Conference: Australia, Bangladesh, China, Hong Kong, India, Indonesia, Republic of Korea, Nepal, Pakistan, Philippines, Sri Lanka and Thailand.

4. SEAFDEC and the United Nations Development Programme were represented in an observer capacity.

5. In his capacity as Secretary-General of the Conference, the Director-General of FAO was represented by Mr. S.S. Puri, Assistant Director-General and Regional Representative for Asia and the Pacific.

6. The Conference elected Mr. W.M.A. Wijeratna Banda (Sri Lanka) as President and Ms. Bung-Orn Saisithi (Thailand) as Vice-President.

7. The Conference established a Credentials Committee composed of Bangladesh, Hong Kong and Thailand. The Committee was chaired by Mr. Khandker A. Hussain (Bangladesh).

8. The draft Agreement on NACA was discussed in detail and was adopted by the Conference as amended and will now be submitted to Governments for consideration. The Agreement was opened for signature on 8th January 1988 in Bangkok and will remain open for signature thereafter at FAO Headquarters, Rome, until 7th January 1989. The Agreement is attached to this Record of Adoption.

IN WITNESS WHEREOF the representatives whose names appear hereunder have signed the Record of Adoption:

For Bangladesh: Shahed Akhtar

For the People's Republic of China: Li Dacheng

For Hong Kong: Lawrence H.Y. Lee

For India

For Indonesia

For the Republic of Korea

For Nepal: Bharat Prasad Sharma

For Pakistan: K.Z. Ahmed

For Sri Lanka: W.M.A. Wijeratna Banda

For Thailand: Bung-Orn Saisithi

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.


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

As amended by the Governing Council of NACA at its Fourth Session held in Hong Kong (8-11 December 1992) and entered into force on 10 January 1993

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 cooperation;

Considering that cooperation 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 Cooperation 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 an 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 womens' 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 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 Member;

    (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 Coordinator 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

1. The functions of the Governing Council shall be:

    (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 Coordinator 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 Coordinator 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 cooperation 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

Coordinator and Staff

1. The Organization shall have a Coordinator appointed by the Governing Council.

2. The Coordinator 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 Coordinator 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 Coordinator 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 coordination 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 Coordinator in accordance with the policy, general standards and guidelines laid down by the Governing Council and in accordance with the Staff Regulations. The Coordinator 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 provisions 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, permits 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 Coordinator 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 Coordinator and staff of the Organization 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 Coordinator 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 Coordinator not only has the right, but is under a duty to waive the immunity of a staff member where, in the opinion of the Coordinator, 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 Coordinator 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 Coordinator 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

Cooperation 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.

2. The Contracting Parties agree that there should be cooperation 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 cooperation 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-à-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 Coordinator 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-à-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 of 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.

FOR AUSTRALIA

FOR BANGLADESH

FOR BHUTAN

FOR BRUNEI

FOR BURMA

FOR PEOPLE'S REPUBLIC OF CHINA: Li Dacheng

FOR COOK ISLANDS

FOR DEMOCRATIC KAMPUCHEA

FOR DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA: Sim Song Chol

FOR FIJI

FOR FRANCE

FOR HONG KONG

FOR INDIA

FOR INDONESIA

FOR JAPAN

FOR REPUBLIC OF KOREA

FOR LAOS

FOR MALAYSIA

FOR MALDIVES

FOR MONGOLIA

FOR NEPAL: Bharat Prasad Sharma

FOR NEW ZEALAND

FOR PAKISTAN

FOR PAPUA NEW GUINEA

FOR PHILIPPINES

FOR SAMOA

FOR SINGAPORE

FOR SOLOMON ISLANDS

FOR SRI LANKA

FOR THAILAND

FOR TONGA

FOR TUVALU

FOR UNITED STATES OF AMERICA

FOR VANUATU

FOR VIETNAM


ANNEX TO THE AGREEMENT

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

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