Rządowy projekt ustawy o ratyfikacji Międzynarodowej Umowy w sprawie Drewna Tropikalnego z 2006 r., sporządzonej w Genewie dnia 27 stycznia 2006 r.

4.
If the headquarters of the Organization is moved to another country, the
member in question shall, as soon as possible, conclude with the Organization
a headquarters agreement to be approved by the Council. Pending the
conclusion of such an Agreement, the Organization shall request the new host
Government to grant, within the limits of its national legislation, exemption
from taxation on remuneration paid by the Organization to its employees, and
on the assets, income and other property of the Organization.

5.
The Headquarters Agreement shall be independent of this Agreement. It
shall, however, terminate:


(a) By agreement between the host Government and the
Organization;


(b)
In the event of the headquarters of the Organization being moved
from the country of the host Government; or


(c)
In the event of the Organization ceasing to exist.


CHAPTER VI. FINANCE

Article 18
FINANCIAL ACCOUNTS

1.
There shall be established:


(a)
The Administrative Account, which is an assessed contribution
account;


(b)
The Special Account and The Bali Partnership Fund, which are
voluntary contribution accounts; and


(c)
Other accounts that the Council might consider appropriate and
necessary.

2.
The Council shall establish, in accordance with article 7, financial rules
that provide transparent management and administration of the accounts,
including rules covering the settlement of accounts on termination or expiry of
this Agreement.

3.
The Executive Director shall be responsible for, and report to the
Council on the administration of the financial accounts.


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Article 19
ADMINISTRATIVE ACCOUNT

1.
The expenses necessary for the administration of this Agreement shall
be brought into the Administrative Account and shall be met by annual
contributions paid by members in accordance with their respective
constitutional or institutional procedures and assessed in accordance with
paragraphs 4, 5 and 6 of this article.

2.
The Administrative Account shall include:


(a)
Basic administrative costs such as salaries and benefits,
installation costs, and official travel; and


(b)
Core operational costs such as those related to communication
and outreach, expert meetings convened by the Council and preparation and
publication of studies and assessments pursuant to articles 24, 27 and 28 of this
Agreement.

3.
The expenses of delegations to the Council, the committees and any
other subsidiary bodies of the Council referred to in article 26 shall be met by
the members concerned. In cases where a member requests special services
from the Organization, the Council shall require that member to pay the costs
of such services.

4.
Before the end of each financial biennium, the Council shall approve the
budget for the Administrative Account of the Organization for the following
biennium and shall assess the contribution of each member to that budget.

5.
Contributions to the Administrative Account for each financial biennium
shall be assessed as follows:


(a)
The costs referred to in paragraph 2(a) of this article shall be
shared equally among producer and consumer members and assessed in the
proportion the number of each member’s votes bears to the total votes of the
member’s group;


(b)
The costs referred to in paragraph 2(b) of this article shall be
shared among members in the proportions of 20 per cent for producers and 80
per cent for consumers and assessed in the proportion the number of each
member’s votes bears to the total votes of the member’s group;


(c)
The costs referred to in paragraph 2(b) of this article shall not
exceed one third of the costs referred to in paragraph 2(a) of this article. The
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Council may, by consensus, decide to vary this limit for a specific financial
biennium;


(d)
The Council may review how the Administrative Account and the
voluntary accounts contribute to the efficient and effective operation of the
Organization in the context of the evaluation referred to in article 33; and


(e)
In assessing contributions, the votes of each member shall be
calculated without regard to the suspension of any member’s voting rights or
any redistribution of votes resulting therefrom.

6.
The initial contribution of any member joining the Organization after the
entry into force of this Agreement shall be assessed by the Council on the basis
of the number of votes to be held by that member and the period remaining in
the current financial biennium, but the assessment made upon other members
from the current financial biennium shall not thereby be altered.

7. Contributions
to
the
Administrative Account shall become due on the
first day of each financial year. Contributions of members in respect of the
financial biennium in which they join the Organization shall be due on the date
on which they become members.

8.
If a member has not paid its full contribution to the Administrative
Account within four months after such contribution becomes due in
accordance with paragraph 7 of this article, the Executive Director shall
request that member to make payment as quickly as possible. If that member
has still not paid its contribution within two months after such request, that
member shall be requested to state the reasons for its inability to make
payment. If at the expiry of seven months from the due date of contribution,
that member has still not paid its contribution, its voting rights shall be
suspended until such time as it has paid in full its contribution, unless the
Council, by special vote in accordance with article 12, decides otherwise. If a
member has not paid its contribution in full for two consecutive years, taking
into account the provisions contained in article 30, that member shall become
ineligible to submit project or pre-project proposals for funding consideration
under article 25, paragraph 1.

9.
If a member has paid its full contribution to the Administrative Account
within four months after such contribution becomes due in accordance with
paragraph 7 of this article, that member’s contribution shall receive a discount
as may be established by the Council in the financial rules of the Organization.

10.
A member whose rights have been suspended under paragraph 8 of this
article shall remain liable to pay its contribution.

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Article 20
SPECIAL ACCOUNT

1.
The Special Account shall comprise two sub-accounts:


(a)
The Thematic Programmes Sub-Account; and


(b)
The Project Sub-Account.

2.
The possible sources of finance for the Special Account shall be:


(a)
The Common Fund for Commodities;


(b)
Regional and international financial institutions;


(c)
Voluntary contributions from members; and

(d)
Other
sources.

3.
The Council shall establish criteria and procedures for the transparent
operation of the Special Account. Such procedures shall take into account the
need for balanced representation among members, including contributing
members, in the operation of the Thematic Programmes Sub-Account and the
Project Sub-Account.

4.
The purpose of the Thematic Programmes Sub-Account shall be to
facilitate unearmarked contributions for the financing of approved pre-
projects, projects and activities consistent with Thematic Programmes
established by the Council on the basis of the policy and project priorities
identified in accordance with articles 24 and 25.

5.
The donors may allocate their contributions to specific Thematic
Programmes or may request the Executive Director to make proposals for
allocating their contributions.

6.
The Executive Director shall report regularly to the Council on the
allocation and expenditure of funds within the Thematic Programmes Sub-
Account and on the implementation, monitoring and evaluation of pre-projects,
projects and activities and the financial needs for the successful
implementation of the Thematic Programmes.

7.
The purpose of the Project Sub-Account shall be to facilitate earmarked
contributions for the financing of pre-projects, projects and activities approved
in accordance with articles 24 and 25.

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8.
Earmarked contributions to the Project Sub-Account shall be used only
for the pre-projects, projects and activities for which they were designated,
unless otherwise decided by the donor in consultation with the Executive
Director. After the completion or termination of a pre-project, project or
activity, the use of any remaining funds shall be decided by the donor.

9.
To ensure the necessary predictability of funds for the Special Account,
taking into consideration the voluntary nature of contributions, members shall
strive to replenish it to attain an adequate resource level to fully carry out the
pre-projects, projects and activities approved by Council.

10. All
receipts
pertaining to specific pre-projects, projects and activities
under the Project Sub-Account or the Thematic Programmes Sub-Account
shall be brought into the respective Sub-Account. All expenditures incurred on
such pre-projects, projects or activities, including remuneration and travel
expenses of consultants and experts, shall be charged to the same Sub-
Account.

11.
No member shall be responsible by reason of its membership in the
Organization for any liability arising from any actions by any other member or
entity in connection with pre-projects, projects or activities.

12.
The Executive Director shall provide assistance in the development of
proposals for pre-projects, projects and activities in accordance with articles 24
and 25 and endeavour to seek, on such terms and conditions as the Council
may decide, adequate and assured finance for approved pre-projects, projects
and activities.


Article 21
THE BALI PARTNERSHIP FUND

1.
A Fund for sustainable management of tropical timber producing forests
is hereby established to assist producer members to make the investments
necessary to achieve the objective of article 1 (d) of this Agreement.

2.
The Fund shall be constituted by:


(a)
Contributions from donor members;


(b)
Fifty per cent of income earned as a result of activities related to
the Special Account;


(c)
Resources from other private and public sources which the
Organization may accept consistent with its financial rules; and


(d)
Other sources approved by the Council.
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