ON THE EXECUTIVE COMMITTEE
OF THE INTERNATIONAL FUND FOR SAVING THE ARAL SEA
I. General provisions
1. The Executive Committee of the International Fund for saving the Aral Sea (hereinafter IFAS or Fund) was established by Decision of the President of IFAS, President of the Republic of Tajikistan of __________ 20___ and is a permanent Executive body of the Fund.
2. The Executive Committee is the legal successor of the provisions, property and other assets of the previous IFAS Executive Committees.
3. The Executive Committee carries out its activities following the regulations about the International Fund for saving the Aral sea (hereinafter – the regulations on IFAS) and the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan, the Government of Turkmenistan and the Government of the Republic of Uzbekistan on the status of the International Fund for saving the Aral sea and its organizations (hereinafter – the Agreement on the status of IFAS and its organizations), approved by the heads of States-founders, IFAS on 9 April 1999 in Ashgabat, as well as these regulations.
4. The activities of the Executive Committee is based on the principle management scheme of IFAS (management concepts) IFSA approved by the Decision of Heads of States – founders of Fund, on 28 February 1997 in Almaty.
5. The Executive Committee is a legal entity with the status of an international intergovernmental organization, which has the immunities and privileges provided for in the Agreement on the Status of IFAS and its organizations.
6. The legal address of the Executive Committee __________________________________.
The official name of the Committee:
in the Tajik language – Кумитаи иҷроияи Фонди байналмилалии наҷоти Арал (КИ ФБНА);
in Russian – Исполнительный Комитет Международного Фонда спасения Арала (ИК МФСА);
in English-the Executive Committee of the International Fund for saving the Aral Sea (EC IFAS).
II. Main tasks, functions and rights of the Executive Committee
7. The Executive Committee is created for the following tasks:
– ensuring the implementation of decisions of Council of Heads of States-founders, the President and the Board of IFAS on the Aral Sea basin;
– implementation of programs and projects aimed at solving problems in the Aral Sea basin;
– coordination of the activities of branches of the Executive Committee, special agencies and assistance funds for improving the socio-ecological situation in the Aral Sea basin, located in the territories of the founding states of the Fund;
– Promoting the work of the Interstate Water Coordination Commission (ICWC) and the Interstate Commission on Sustainable Development (ICSD);
– expansion of cooperation with international organizations, donor countries, environmental and other funds to intensify activities on environmental protection and rehabilitation of environmentally unfavorable territories.
8. The Executive Committee performs the following functions:
– participates in the organization of the development and implementation of projects and programs on the problems of the Aral Sea basin;
– interacts with ministries, departments, public environmental organizations of the IFAS founding state;
– provides representation of IFAS in international organizations;
– organizes the examination of concepts, programs and projects on the problems of the Aral Sea basin and makes appropriate conclusions;
– accumulates financial and other funds, ensures their intended use;
– provides information and analytical support to the founding States of IFAS on its activities;
– conducts information and editorial and publishing activities;
– ensures the safety of IFAS documentation;
– prepares materials and holds meetings of the Council of the Heads of States-founders and the Board of IFAS;
– organizes thematic conferences, symposium and seminars on issues related to the activities of IFAS;
– interacts with foreign states and international organizations on issues within the competence of IFAS.
9. The Executive Committee has the right to:
– identify priority areas for channeling IFAS financial resources within the framework of implementing programs and projects to overcome the consequences of the drying up of the Aral Sea;
– to participate together with interested ministries, agencies of the IFAS States-founders, business structures in determining the procedure for involving organizations and individuals in the implementation of programs and projects to solve the problems of the Aral Sea basin;
– involve experts, conclude contracts with organizations, institutions and individuals;
– organize and conduct competitive bidding (tenders), place funds on deposits of banking institutions;
– to request and receive when due hereunder from ministries, agencies, statistical bodies and other structures of the States-founders of IFAS data necessary to carry out the tasks and functions of the Executive Committee;
– to check the documentation submitted by the branches, the status and results of their activities;
– acquire and dispose of property, be a plaintiff and defendant in court.
10. The IFAS Executive Committee has bank accounts in national and foreign currencies to support its activities and accumulate contributions from the IFAS States-founders, international organizations, donor countries, grants, charitable and other donations from legal entities and individuals to implement projects, programs and provide emergency assistance to the population in the Aral Sea basin.
The Executive Committee has forms of the established sample, the seal and stamps with the name.
11. The activities of the Executive Committee, as well as its property, are exempt from all types of direct taxes and fees. Contributions from founding States, donor countries, international organizations, grants, donations from legal entities and individuals, foreign countries, as well as assistance with machinery, equipment, materials, food, medicines are not subject to taxes, fees and customs duties.
The Executive Committee and its officials are exempt from customs duties on the import and export of personal belongings, items, materials, equipment intended for personal and official use, as well as to ensure the functions assigned to them. The exemption from customs duties does not apply to officials of the Executive Committee who are citizens of the country where the Executive Committee is located.
12. The activities of the Executive Committee are financed by contributions from the founding States of IFAS, international organizations, donors, grants, as well as charitable donations from individuals and legal entities, and foreign countries.
13. The Executive Committee maintains accounting records and reports following the legislation of the host country.
14. The States-founders of IFAS are not liable for the obligations of the Executive Committee, as well as the Executive Committee for the obligations of the States-founders of IFAS.
15. The official languages of the Executive Committee are Russian and English.
III. ORGANIZATION OF THE ACTIVITIES OF THE EXECUTIVE COMMITTEE
16. The Executive Committee consists of the Chairman, his deputy, the secretariat, information and analytical, international, financial and administrative divisions.
17. The Governments of the founding States shall send two of their authorized representatives (members of the Executive Committee) to ensure the work of the Executive Committee. Governance and management of their activities are entrusted to the Chairman.
18. The Executive Committee is headed by a Chairman appointed and dismissed by the President of IFAS in agreement with the heads of the IFAS founding States.
– manages the activities of the Executive Committee following the decisions of the Council of the Heads of the States-founders the President and the Board of IFAS and is personally responsible for the implementation of the tasks assigned to the Executive Committee;
– provides organization of preparation and holding of meetings of the Council of the Heads of the States-founders and the Board of IFAS;
– coordinates the activities of ICWC, ICSD on all issues related to the implementation of programs and projects aimed at overcoming the consequences of the drying up of the Aral Sea;
– acts on behalf of IFAS, represents its interests, manages the funds and property of the Executive Committee, enters into contracts (agreements), hires and dismisses employees of the Executive Committee’s staff and heads of its structural divisions;
– makes representations to the President of IFAS and the governments of the founding states on the degree of competence and qualification of authorized representatives sent to work in the Executive Committee;
– within its competence, issues orders, decisions and, based on instructions from the President and the Board of IFAS, gives instructions that are mandatory for the branches and other bodies of IFAS;
– approves the staff list of the Executive Committee, regulations on structural divisions and other regulatory documents defining the rights and obligations of officials of the IFAS Executive Committee;
– approves the heads of regional projects, as well as their estimated financial and program documents;
– submits to the IFAS Management Board a report on the activities of the Executive Committee for the financial year;
– performs other functions assigned to it by the Council of the Heads of the States-founders the President and the Board of IFAS.
20. The content of the Executive Committee and remuneration of its employees are subject to the terms and contributions of the States-founders of the IFAS, grants of donor countries and international organizations.
21. The first financial year of the Executive Committee is the period from the date of approval of the Regulations on the Executive Committee until the end of the corresponding calendar year. In the future, the financial year of the Executive Committee begins on January 1 and ends on December 31 of each year.
22. At the end of each financial year, the Executive Committee provides an audit of its financial activities.
IV. BRANCHES OF THE EXECUTIVE COMMITTEE
23. The Executive Committee, following the approved IFAS management concept, has its branches in the founding States of the Fund.
24. Branches of the Executive Committee are its territorial bodies.
25. Branches operate following the laws of the IFAS founding states, on the territory of which they are located, decisions of the President and the Board of the Fund, orders of the Executive Committee, this Regulation and the Regulation (Charter) on the relevant branch.
26. Branches of the Executive Committee are legal entities that have bank accounts in national and foreign currencies.
27. The branches interact with the state, public organizations, legal entities and individuals, as well as with structures of various forms of ownership, and promote the expansion of cooperation in overcoming the consequences of the drying up of the Aral Sea.
28. The branches of the Executive Committee are financed by contributions from the founding States of IFAS, in the territories of which they are located.
29. On the proposal of governments of States-founders of IFAS, where branches are located the Chairman of the Executive Committee shall appoint and dismiss Directors of branches.
30. The branch is headed by a director who is personally responsible for the organization of work and the performance of the duties assigned to him.
31. The staff schedule of the branch is agreed with the government of the IFAS founding states, on the territory of which it is located, or the body authorized by it and is approved by the Chairman of the Executive Committee.
32. The financial year is set from January 1 to December 31 of the calendar year. The branch submits a quarterly report to the Executive Committee.‧
33. Accounting and reporting are conducted following the procedure established by the legislation of the state at the location of the branch.
34. The Executive Committee controls the organizational and financial activities of the branch.
35. Making changes and additions to the activities and regulations of the branches is the responsibility of the Executive Committee.
36. The activities of the branch of the Executive Committee shall be terminated by the decision of the Executive Committee on the proposal of the Government of the IFAS founding State.
V. FINAL PROVISIONS
37. Liquidation or reorganization of the Executive Committee is carried out by the decision of the President of IFAS.
38. In the event of a decision on the liquidation of the Executive Committee, its Chairman appoints the liquidation commission by his order and ensures its execution by the current legislation of the state on the territory of which the Executive Committee is located.
39. The Executive Committee loses the right of a legal entity and is considered as ceased to exist from the date of issue of the relevant decision on approval of the results of the liquidation commission.