Соглашение о функционировании Форума стран — экспортеров газа [англ.]

(Вместе с <Уставом ФСЭГ>)

(Заключено в г. Москве 23.12.2008)

AGREEMENT

(Moscow, 23.XII.2008)

The Government of Algeria, the Government of Bolivia, the Government of Egypt, the Government of Equatorial Guinea, the Government of the Islamic Republic of Iran, the Government of Libya, the Government of Nigeria, the Government of Qatar, the Government of the Russian Federation, the Government of Trinidad and Tobago, the Government of the Bolivarian Republic of Venezuela (hereafter referred to as the Parties),

Have agreed as follows:

Article 1

The Parties decide to restructure the Gas Exporting Countries Forum (hereinafter referred to as «the Forum») according to the attached Statute.

Article 2

The Statute of the Forum is approved by this Agreement and shall be annexed to this Agreement and constitute an integral part thereof.

Article 3

The Host Country of the Forum is Qatar. The Host Country and the Forum shall conclude a Headquarters Agreement.

Article 4

2. This Agreement is open for accession of Brunei Darussalam, Indonesia, Malaysia, Norway, Turkmenistan, and the United Arab Emirates as from the date of signature.

4. Instruments of acceptance, approval, ratification or accession shall be deposited with the Government of the Russian Federation who shall serve as Depositary of this Agreement until the respective functions are transmitted to the Secretary General of the Forum.

Article 5

Article 6

Notwithstanding the previous paragraph, this Agreement shall continue to apply, as if no such withdrawal had been made, in respect of all rights and obligations arising prior to the effective date of any such withdrawal.

Article 7

Any differences that can arise among the Parties regarding the interpretation and application of the provisions of the Agreement shall be settled through direct negotiations between the Parties.

Article 8

The Agreement shall be registered by the Depositary with the Secretariat of the United Nations in accordance with article 102 of the Charter of the United Nations.

THE STATUTE OF THE GAS EXPORTING COUNTRIES FORUM (GECF)

(Moscow, 23.XII.2008)

FORUM AND OBJECTIVES

Article 1

The Gas Exporting Countries Forum (hereinafter referred to as GECF or Forum) is an international governmental organization, which provides the framework for exchanging experience and information among member countries and aims at achieving the objectives as set forth hereunder.

Article 2

The Gas Exporting Countries' Forum was originally established as a forum with the announcement by the governments of Algeria, Brunei Darussalam, Indonesia, the Islamic Republic of Iran, Malaysia, Nigeria, Oman, Qatar, the Russian Federation, Turkmenistan, and Norway (observer) during the meeting held in Tehran, Iran, on 19 — 20 May, 2001.

Article 3

A. The objectives of the Forum shall be to support the sovereign rights of member countries over their natural gas resources and their abilities to independently plan and manage the sustainable, efficient and environmentally conscious development, use and conservation of natural gas resources for the benefit of their peoples. Upon unanimous agreement of all member countries of the Forum, the objectives of the Forum may be expanded, subject to the steps stipulated in Article 36 of this Statute.

B. These objectives will be promoted through the exchange of experience, views, information, and coordination in, inter alia, the following interrelated topics:

1. Worldwide gas exploration and production trends;

3. Worldwide gas exploration, production and transportation technologies;

5. Transport of gas: pipelines and LNG carriers;

6. Interrelationship of gas with oil products, coal, and other energy sources;

8. Techniques and approaches for maximizing the contribution of natural gas resources, at all stages of the value chain, to the promotion of sustainable economies and human resources development in member countries.

Article 4

The Forum shall have its Headquarters at the place the Ministerial Meeting decides upon.

Article 5

English shall be the official language of the Forum.

MEMBERSHIP

Article 6

Article 7

A Member may withdraw from membership by giving a written notice of its intention to do so to the Ministerial Meeting. Such notice shall take effect at the beginning of the next calendar year after the date of its receipt by the Ministerial Meeting, subject to the Member having at the time fulfilled all financial obligations arising out of its membership.

GOVERNING BODIES

Article 8

The Forum shall have three governing bodies:

I. The Ministerial Meeting;

II. The Executive Board; and

III. The Secretariat.

I. THE MINISTERIAL MEETING

Article 9

A. The Ministerial Meeting shall be the supreme governing body of the Forum.

B. The Ministerial Meeting shall consist of delegations representing the Members. A delegation may consist of one or more delegates, provided that one delegate shall act as the Head of Delegation.

C. Each Member should be represented at all Ministerial Meetings, however, a quorum of three quarters of all Members shall be necessary for holding a Ministerial Meeting.

D. Each Member shall have one vote. All decisions of the Ministerial Meeting shall be adopted in the form of resolutions. All resolutions of a Ministerial Meeting other than on procedural matters shall require the unanimous agreement of all Members. Decisions on procedural matters shall be adopted by a simple majority vote basis. Ministerial Meeting resolutions shall become effective from the date of their adoption. All resolutions of Ministerial Meetings shall be published within 30 days from the date of their adoption.

Article 10

The Ministerial Meeting shall be held once a year. However, an Extraordinary Ministerial Meeting may be convened at the request of a Member or by the Secretary General, after consultation with the President of the Ministerial Meeting and subject to approval by a simple majority of the Members.

In the absence of unanimity as to the date and venue of the Extraordinary Ministerial Meeting, they shall be fixed by the Secretary General in consultation with the President of the Ministerial Meeting.

The chairmanship of such an Extraordinary Ministerial Meeting if held in a Member country will rest with the representative of the host Member country.

Article 11

The Ministerial Meeting shall normally be held at the Headquarters of the Forum, but it may be held in any of the Member countries or elsewhere as may be advisable.

Article 12

The Alternate President of the Ministerial Meeting shall exercise the responsibilities of the President of the Ministerial Meeting during his absence, or when he is unable to carry out his responsibilities. The Secretary General shall be the Secretary of the Ministerial Meeting. All original Members should have their turn at the presidency of the Forum before any new Member.

Article 13

The Ministerial Meeting shall:

1. Appoint the Secretary General;

2. Formulate the general policy of the Forum and determine the appropriate ways and means of its implementation;

4. Confirm the appointment of members of the Executive Board;

5. Direct the Executive Board to submit reports and or make recommendations on any matters of interest to the Forum;

6. Consider and decide upon the reports and recommendations submitted by the Executive Board on the affairs of the Forum;

7. Consider and decide upon the Budget of the Forum, as submitted by the Executive Board;

8. Consider and decide upon the Statement of Accounts and the Auditor's Report, as submitted by the Executive Board;

9. Appoint the Auditor of the Secretariat upon the recommendation of the Executive Board for a duration of one year;

10. Approve any amendments to this Statute; and

11. Appoint the Chairman of the Executive Board and the Alternate Chairman.

Article 14

All matters that are not expressly assigned to other governing bodies of the Forum shall fall within the competence of the Ministerial Meeting.

II. THE EXECUTIVE BOARD

Article 15

A. The Executive Board shall be composed of members nominated by each Member (one nominee from each Member) and confirmed by the Ministerial Meeting.

B. Each Member shall be represented at all Executive Board meetings; however, a quorum of two thirds shall be necessary for convening a meeting.

C. When, for any reason whatsoever, an Executive Board member is prevented from attending a meeting of the Executive Board, a substitute ad hoc Executive Board member shall be appointed by the corresponding Member. At the Executive Board meeting(s) which he attends, the ad hoc Executive Board member shall have the same status as the other Executive Board members, except with regard to qualifications for chairmanship of the Executive Board.

D. Each Executive Board member shall have one vote. A simple majority vote of attending members shall be required for decisions of the Executive Board.

Article 16

A. The Executive Board members shall meet at least twice a year, at suitable intervals to be determined by the Chairman of the Executive Board after consultation with the Secretary General.

Article 17

The meetings of the Executive Board shall normally be held at the Headquarters of the Forum, but they may also be held in any of the Member countries, or elsewhere as may be advisable.

Article 18

The Executive Board shall:

1. Direct the management of the affairs of the Forum and the implementation of the decisions of the Ministerial Meeting;

4. Approve the work program of the Secretariat and draw up the budget of the Forum for each calendar year and submit it to the Ministerial Meeting for approval;

5. Recommend to the Ministerial Meeting the appointment of the Auditor of the Secretariat for a duration of one year;

6. Consider the Statement of Accounts and the Auditor's Report and submit them to the Ministerial Meeting for approval;

7. Adopt the structure and the staff strength of the Secretariat and approve the appointment of Heads of Departments, upon nomination by Members, with due consideration to be given to the recommendations of the Secretary General;

8. Prepare the agenda for the Ministerial Meeting; and

9. Assess the qualifications of nominees for the position of the Secretary General and make necessary recommendations to the Ministerial Meeting for its decision;

10. Define the procedural matters.

Article 19

The Executive Board shall nominate for the appointment by the Ministerial Meeting of the Chairman of the Executive Board and the Alternate Chairman, who shall assume all the responsibilities of the Chairman whenever the Chairman is absent or unable to exercise his responsibilities, from amongst the members of the Executive Board for a period of one year on a rotational basis. The Chairman shall be appointed in accordance with the principle of reverse alphabetical rotation, while the Alternate Chairman shall be appointed in alphabetical order.

Article 20

The Chairman of the Executive Board shall:

1. Convene the meetings of the Executive Board and preside over them;

2. Attend the Secretariat in preparation for each meeting of the Executive Board; and

3. Represent the Executive Board at Ministerial Meetings and Extraordinary Ministerial Meetings.

Article 21

Should a majority of two thirds of Executive Board members decide that the continuance of membership of any Executive Board member is detrimental to the interests of the Forum, the Chairman of the Executive Board shall immediately communicate this decision to the Member that nominated such Executive Board member. Upon such communication, such Member shall nominate a substitute for the said Executive Board member before the next meeting of the Executive Board. The nomination of such as an Executive Board member substitute shall be notified to the Ministerial Meeting for confirmation.

Article 22

Should an Executive Board member, for any reason, be precluded from continuing the performance of his functions on the Executive Board, the corresponding Member shall nominate a replacement. The nomination of such as an Executive Board member replacement shall be notified to the Ministerial Meeting for confirmation. The nominated Executive Board member shall assume his functions from the date of such nomination until the end of the term of office of the Executive Board member he is replacing.

III. THE SECRETARIAT

Article 23

The Secretariat shall carry out the executive functions of the Forum in accordance with the provisions of this Statute under the direction of the Executive Board.

Article 24

The Secretariat shall consist of the Secretary General and such staff as may be required to carry out its functions.

Article 25

A. The Secretary General shall be the legally authorized representative of the Forum.

B. The Secretary General shall be the chief officer of the Secretariat, and in that capacity shall have the authority to direct the affairs of the Forum in accordance with directions of the Executive Board and this Statute.

C. The Secretary General shall be liable and accountable to the Executive Board and the Ministerial Meeting.

Article 26

A. The Ministerial Meeting shall appoint the Secretary General unanimously for a period of two years, which term of office may be renewed once for the same period of time. This appointment shall take place upon nomination of candidates by Members and after a comparative study of the candidates' qualifications. Should, in any case, an unanimous decision to appoint the Secretary General not be obtained, the Secretary General, in that case, shall be appointed on an alphabetical rotation basis for only one term of two years without prejudice to the required qualifications.

B. The minimum personal requirements for the position of the Secretary General shall be as follows:

a) 45 years of age.

b) A degree from a recognized university in one of the following fields: Law, Economics, Science, Engineering, or Business Administration.

c) 15 years experience, of which at least 10 years in positions directly related to the gas industry, and five years in highly responsible executive or managerial positions. Experience in Government-Company relations and in the international aspects of the gas industry is desirable.

C. The Secretary General shall be a national of a Member country.

D. The Secretary General shall reside in the city where the Headquarters of the Forum are located. The Secretary General shall be responsible to the Executive Board for all activities of the Secretariat. The functions of the different departments of the Secretariat shall be carried out on his behalf and under his authority and direction.

E. The Secretary General shall attend all meetings of the Executive Board. Should the Secretary General be unable to attend any meeting of the Executive Board, the Secretary General shall appoint an officer in charge of the Secretariat to represent the Secretary General at the meeting.

Article 27

The Secretary General shall:

1. Ensure that the Budget and the program of work of the Forum are complied with;

2. Organize and administer the work of the Forum;

3. Ensure that the functions and duties assigned to the Secretariat are properly carried out;

4. Prepare reports for submission to Executive Board meetings concerning matters which call for consideration and decision;

5. Inform the Executive Board of all activities of the Secretariat, of all studies undertaken and of the progress of the implementation of the Resolutions of the Ministerial Meeting; and

6. Ensure the due performance of the duties which may be assigned to the Secretariat by the Ministerial Meeting or the Executive Board.

Article 28

A. Heads of Divisions and/or Departments shall be appointed by the Secretary General upon nomination by Members and with the approval of the Executive Board.

B. Other officers of the Secretariat shall be appointed by the Secretary General upon nomination by the Member countries or by direct recruitment in accordance with staff regulations. In making such appointments, the Secretary General shall give due consideration to the efficiency and effectiveness of the Secretariat.

Article 29

The staff of the Secretariat is constituted by international employees with exclusive international character. In the performance of their duties, they shall neither seek, nor accept, instructions from any government, or from any other authority outside the Forum. They shall refrain from any action which might reflect on their position as international employees, and they shall undertake to carry out their duties bearing in mind the interests of the Forum.

Article 30

The Secretary General shall be assisted in the discharge of his duties by sufficient and efficient structures deemed necessary and approved by the Executive Board to accomplish the functions and objectives of the Forum.

Article 31

The Secretary General shall commission consultants, as necessary, and directed by the Executive Board to advise on special matters, or to conduct expert studies when such work cannot be undertaken by the Secretariat.

A. The Secretary General may engage specialists or experts, regardless of nationality, as the Forum needs, for a period to be approved by the Executive Board, provided there is a provision for such appointment in the Budget of the Forum.

B. The Secretary General may at any time convene Expert Working Groups to carry out any studies on specific subjects of interest to the Members. The Secretary General shall have the right within the relevant budget provisions to commission consultants or convene expert and working groups comprised of representatives of Members of the Forum to advise on special matters or to conduct expert studies when such work cannot be undertaken by the Secretariat.

CONSULTATIVE MEETINGS AND SPECIALIZED BODIES

Article 32

A. A Consultative Meeting shall be composed of Heads of Delegations of Members or their representatives.

B. In case a Ministerial Meeting is not in session, a Consultative Meeting may be convened at any time at the request of the President of the Ministerial Meeting.

C. The agenda of each Consultative Meeting shall be prepared by the President of the Ministerial Meeting, unless it has been previously specified by the Ministerial Meeting itself.

D. The Consultative Meeting may pass decisions or recommendations to be approved by the next Ministerial Meeting, unless otherwise authorized by a previous Ministerial Meeting.

Article 33

A. The Ministerial Meeting may establish specialized bodies, as circumstances require, in order to assist in resolving certain problems of particular importance. The specialized bodies shall function in accordance with the resolutions prepared to that effect.

B. The specialized bodies shall operate within the general framework of the Secretariat, both functionally and financially.

C. The specialized bodies shall act at all times in accordance with the objectives of the Forum stated herein and resolutions of the Ministerial Meeting.

FINANCIAL PROVISIONS

Article 34

A. The Budget of the Forum shall be drawn up for each calendar year. The budget year of GECF starts on the 1st of January and ends on the 31st of December of each year.

B. The Ministerial Meeting, in accepting any Observer Member to the Forum, shall ask such Observer Member to pay a fixed annual subscription to be considered as its financial contribution to the Forum.

C. Budget contributions shall be apportioned on an equal basis among all Members after taking into consideration the annual subscriptions of the Observer Members.

Article 35

A. Each Member shall bear all expenses incurred in sending delegations or representatives to Ministerial Meetings, Consultative Meetings and Expert Working Groups.

B. The Forum shall bear the travelling expenses of members of the Executive Board who attend meetings of the Executive Board.

ADDITIONAL PROVISIONS

Article 36

Amendments to this Statute may be proposed by any Member. Such proposed amendments shall be considered by the Executive Board which, if it so decides, shall recommend their adoption to the Ministerial Meeting.

Article 37

This Statute, comprised of 37 Articles, was approved on December 23, 2008 in Moscow.

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