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CHAPTER I
Establishment of WAIPA and Objectives
Article I
1. Following the founding
meeting of high-level officials of Investment Promotion Agencies
held 26-27 April, 1995 under the auspices of the United Nations
Conference on Trade and Development (UNCTAD), an international
association of Investment Promotion Agencies is hereby established
and shall hereinafter be referred to as World Association
of Investment Promotion Agencies (WAIPA). 2. WAIPA is an autonomous, non-profit making
organization established pursuant to articles 60 to 79 of
the Swiss Civil Code.
3. The headquarters of WAIPA shall be situated
in Geneva, Switzerland, or at such place as the General
Assembly may decide.
Article II
1. WAIPA shall be dedicated to the support
and advancement of the following purposes:
a) To promote and develop understanding
and cooperation amongst Investment Promotion Agencies;
b) To strengthen information gathering
systems and information exchange amongst Investment Promotion
Agencies;
c) To share country and regional experiences
in attracting investment;
d) To assist Investment Promotion Agencies
to gain access to technical assistance and training through
referrals to relevant agencies;
e) To facilitate access to funding and
other assistance, through referrals to relevant bilateral
and multilateral agencies, for the development and implementation
of investment promotion Programmes; and,
f) To assist Investment Promotion Agencies
in advising their respective governments in the formulation
of appropriate investment promotion policies and strategies.
2. The aims and purposes of WAIPA shall be
accomplished through meetings, seminars and congresses, through
publication of regular periodicals and special reports, and
through such other means as its General Assembly may determine.
CHAPTER 2
Membership
Article III
1.Membership of WAIPA shall be open to all agencies whose prime function is to promote any country or territory for investment. Other organizations that share the objectives of WAIPA as set out in Article II of the WAIPA Statute, may, upon application, become Associated Members.
2.An annual membership fee of $2,000 or such other amount as may be decided by the General Assembly shall be paid by every Member. The General Assembly shall decide the amount of the fees payable for Associated Members.
3.Members of WAIPA may, under the framework of the WAIPA Statute, associate at regional or sub-regional level and may do so under Statute that shall not be in conflict with the WAIPA Statute.
4.All Members shall have the same rights, duties and privileges. Associated Members shall have the same rights, duties and privileges as Members, provided, however, that they shall not have the right to vote under Article VIII, paragraph 3 of this Statute, or to become a member of the Steering Committee under Article XI of this Statute
CHAPTER 3
Institutions
Article IV
WAIPA shall perform its functions through
the following organs:
a) The
General Assembly
b) The Steering
Committee
c) The Secretariat
CHAPTER 4
The General Assembly
Article V
1. The General Assembly shall be the deliberative
assembly of WAIPA. It shall consist of representation from
each Member.
2. The General Assembly shall establish
the general policy of WAIPA; adopt a work Programme; elect
officials; appoint financial auditors; and establish any
subsidiary body as may be required.
Article VI
The General Assembly shall meet at least
once a year either at the time and location of the annual
Session of the UNCTAD Commission on International Investment
and Transnational Corporations or at such convenient place
as may be decided by the Steering Committee.
Article VII
The General Assembly shall elect from among
its members a President and two vice-presidents who shall
each serve for a period of two years and who shall be eligible
for reelection.
Article VIII
1. The General Assembly shall discuss in
open session the annual report of the Steering Committee
and such other matters as may be referred to it by the Steering
Committee.
2. The quorum of the General Assembly shall
be one third of all the Members.
3. The decisions of the General Assembly
shall be taken by a majority vote of all the Members present.
Article IX
The General Assembly
shall establish its own Rules of Procedure.
CHAPTER 5
The Steering Committee
Article X
The Steering Committee shall be responsible
for ensuring the implementation of the decisions of the
General Assembly.
Article XI
1. The Steering Committee shall consist
of 15 members elected by the General Assembly.
2. The President and vice-presidents of
the General Assembly shall be members of the Steering Committee
and the President shall serve as the Chairperson of the
Steering Committee.
3. At least one seat shall be reserved for
representation from the Africa region, the Asia and Pacific
region, the Central and Eastern European region, the Latin
America and Caribbean region, and the North Atlantic region
shall be elected a Member of the Steering Committee.
4. A Member of the Steering Committee, except
an ex-officio Member, shall serve for two years and shall
be eligible for reelection.
5. A retired President of the General Assembly
shall be an ex-officio member of the Steering Committee
for the succeeding two-year period.
6. Steering Committee members shall serve
on an exclusively voluntary basis, without remuneration.
Members of the Steering Committee, or any employee of any
Steering Committee member, shall refrain from entering into
any contract in which the member or its employee receives
remuneration from WAIPA during their term of office.
Article XII
1. The Steering Committee shall convene
at least twice a year at the headquarters of the Association
or at such other suitable places as it may decide.
2. The decisions of the Steering Committee
shall be by a majority vote.
3. The quorum of the Steering Committee
will be five.
Article XIII
The
Steering Committee shall formulate its own rules of procedure.
Article XIV
The Steering Committee
shall have the following functions:
a) To draw up detailed proposals for the
realization of the objectives to which WAIPA is dedicated;
b) To prepare and submit a report to the
General Assembly at least once a year;
c) To perform such other duties as may be
assigned to it by the General Assembly.
CHAPTER 6
The Secretariat
Article XV
1. There shall be a Secretariat, set up
by the Steering Committee, which will assist the Steering
Committee in the carrying out of its work.
2. The Secretariat shall also assist the
Steering Committee to prepare the annual report and any
such supplementary report as are required of the activities
of WAIPA, in addition to the daily management of the Association.
3. WAIPA shall seek and utilize to the extent
possible support from Foreign Investment Advisory Services
(FIAS), Multilateral Investment Guarantee Agency (MIGA),
Organization for Economic Cooperation and Development (OECD),
United Nations Conference on Trade and Development (UNCTAD),
United Nations Industrial Development Organization (UNIDO)
and such other bilateral and multilateral agencies as may
be authorized by the Steering Committee and the General
Assembly.
4. The agencies referred to in clause 3
shall be invited to the Consultative Committee, which will
advise the Steering Committee in the definition and implementation
of the WAIPA Programme.
Article XVI
The Secretariat shall be located at the
headquarters of WAIPA.
CHAPTER 7
Budget and Expenditure
Article XVII
The Steering Committee shall prepare a Budget
for the administration of the affairs of WAIPA and shall
submit it to the General Assembly for approval.
Article XVIII
The financial resources of WAIPA will be
made up of voluntary donations which it may accept in accordance
with Article XIX, membership fees and payments received
for services rendered.
Article XIX
The Chairperson of the Steering Committee
or any other person that may be appointed by the General
Assembly may accept such voluntary donations as may be offered
to WAIPA, provided that no condition contrary to the aims
and interest of WAIPA is attached to such voluntary donations
and the donation is disclosed immediately to the Members
of the Steering Committee.
CHAPTER 8
General Provisions
Article XX
1. Any Investment Promotion Agency which
is not a signatory to the Statute may adhere to it by sending
a notification to the Secretariat which shall inform other
Members of its adherence to the agreement.
2. Any Member which desires to renounce
its membership shall forward a written notification to the
Secretariat. At the expiration of one year from the date
of the receipt of such notification, if not withdrawn earlier,
this Statute shall cease to apply with respect to the Member
that has so renounced.
3. Should a Member act in flagrant violation
against the spirit, purpose and interests of WAIPA, the
General Assembly may, on the recommendation of the Steering
Committee, suspend the rights and privileges to be enjoyed
by that Member to the extent determined by the General Assembly.
Article XXI
The Association shall cooperate with governments,
business organizations and other international bodies. In
particular, it is intended that besides the specific relationship
with UNCTAD referred to in Article VI, and with FIAS, MIGA
OECD, UNCTAD and UNIDO referred to in Article XV.3, WAIPA
shall establish working relations with other organizations
in the United Nations system which have relevance to WAIPA's
objectives.
Article XXII
The working language of the Association
shall be English. Other languages may be used if resources
permit.
Article XXIII
The liability of WAIPA shall be limited
to the amount of its assets. The liability of WAIPA shall
not extend to the personal liability of the officials of
WAIPA.
Article XXIV
In the event that WAIPA is to be wound up,
all assets shall be distributed among the members of WAPA,
proportionately to the payment of their subscription over
the last three years to the Association, and shall be prorated
accordingly. The proceedings shall be in accordance
with the applicable laws and by the courts of the seat of
WAIPA.
Article XXV
Any dispute between WAIPA and a Member or
an officer, which is not settled amicably, shall be settled
in accordance with the laws and by the courts of seat of
the WAIPA.
Article XXVI
1. Any question which may arise concerning
the interpretation or application of this Statute shall
be decided by a vote of two-thirds of the Steering Committee.
2. If the Steering Committee fails to resolve
such a question, the matter shall be submitted to the General
Assembly, whose decision shall be final.
Article XXVII
1. This Statute may be amended on the following
conditions:
a) That a written request shall
be made to the Secretariat by at least ten Members and
b) That the proposed amendment shall not
be submitted to the General Assembly until all the Members
have been duly notified of it, at least three months prior
to the date of the meeting at which it is to be considered.
2. Any such proposed amendment shall be approved
by a majority of at least two-thirds of the General Assembly
who shall determine the date of its adoption. |