On the ratification of the Statute of the International Renewable Energy Agency (IRENA)

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Law of the Republic of Kazakhstan dated March 22, 2013 No. 82-V

To ratify The Charter of the International Renewable Energy Agency (IRENA), signed in Bonn on January 26, 2009.

President of the Republic of Kazakhstan N. NAZARBAYEV

regulation International Renewable Energy Agency (IRENA)

The States Parties to this Charter desiring to encourage the widespread dissemination and use of renewable energy in order to ensure sustainable development; based on their firm belief in the vast opportunities provided by renewable energy for the gradual resolution of energy security problems and volatile energy prices;  Convinced of the significant contribution that renewable energy can make to reducing the concentration of greenhouse gases in the atmosphere, which will contribute to climate stabilization and make possible an environmentally sound, safe and gradual transition to a low-coal economy; striving to enhance the beneficial effects of renewable energy technologies on sustainable economic growth and job creation;  Noting with encouragement the enormous potential of renewable energy to provide decentralized access to energy, particularly in developing countries, as well as to provide access to energy in isolated, remote areas and on islands; expressing concern about the serious negative effects of the use of fossil fuels and the inefficient use of traditional biomass on public health;  Convinced that renewable energy, together with increased energy efficiency, is increasingly able to meet global energy demand, which is projected to increase significantly in the future; reaffirming its desire to establish an international renewable energy organization that will facilitate cooperation among its members and work closely with existing ones organizations promoting the use of renewable energy; agreed on the following:

Article I Creating an Agency

A. The Member States of this Statute establish the International Renewable Energy Agency (hereinafter referred to as the Agency) in accordance with the following conditions. V. The Agency's activities are guided by the principle of equality of all members and take due account of the sovereign rights and powers of the members.

Article II Objectives

The Agency promotes the widespread and sustainable use of all types of renewable energy, taking into account: a) State and domestic benefits and benefits resulting from the combined use of renewable energy and the implementation of measures to improve energy efficiency; (b) The importance of renewable energy for environmental conservation by limiting pressure on natural resources, reducing deforestation (especially in tropical areas), desertification, combating biodiversity loss; for climate protection; economic growth and social solidarity, including poverty eradication and sustainable development, to ensure safe access to energy sources; for regional development and mutual responsibility of present and future generations.

Article III Definition

For the purposes of this Statute, the term "renewable energy" means all types of energy obtained from renewable sources in an environmentally sound manner, in particular: 1. Bioenergy. 2. Geothermal energy. 3. Hydropower. 4. Ocean energy, including, but not limited to, wave energy and ocean thermal energy. 5. Solar energy. 6. Wind energy.

Article IV Types of activities

A. As an expert center in the field of renewable energy technologies, providing the necessary assistance, providing its experience for the development and practical implementation of renewable energy policy, providing support on all issues related to renewable energy, and helping States benefit from effective development, exchange of experience and technology, the Agency carries out the following activities: 1. Acting especially in the interests of its members, the Agency: a) carries out analysis, monitoring and, without imposing obligations on Member States regarding policies in this area, systematization of modern practices in the field of renewable energy, including mechanisms for implementing policies in this area, incentives and benefits, investment mechanisms, recommended practices, available technologies, integrated systems and equipment, as well as factors affecting on the success of this practice; b) initiates discussions and ensures interaction with other intergovernmental and non-governmental organizations and their systems in this and neighboring areas; c) at the request of members, taking into account their needs, provides policy advice in this area, supports international discussion on renewable energy policy, the framework conditions of such policy; (d) Enhances relevant knowledge, promotes technology transfer, stimulates the development of Member States' capacities, and maintains the necessary links; (e) Promotes the enhancement of Member States' capacities, including training and education; (f) Provides advice on financing renewable energy projects at the request of members, and promotes the application of appropriate mechanisms; g) encourages research, including research in the socio-cultural field, promotes the formation of scientific research systems, joint research, development and deployment of new technologies; h) provides information on the development and implementation of national and international technical standards in the field of renewable energy based on thorough research related to participation in various international forums. 2. In addition, the Agency disseminates information and raises public awareness about the benefits and opportunities provided by the use of renewable energy. B. In the course of its activities, the Agency: 1. It acts in accordance with the purposes and principles of the United Nations to promote international peace and cooperation and in accordance with the United Nations sustainable development strategies. 2. Allocates its resources in such a way as to ensure their effective use for the proper realization of the Agency's objectives and the implementation of its activities to maximize the benefits to the Agency's members and in all regions of the world, taking into account the specific needs of developing countries, remote and isolated regions and islands. 3. It closely cooperates and strives to maintain mutually beneficial relations with existing organizations in order to avoid unnecessary duplication of functions, promote the accumulation and effective implementation of opportunities in this area, and constant activities of governments, other organizations and agencies aimed at stimulating the use of renewable energy. C. Agency: 1. Submits an annual report on its activities to the members. 2. Informs the members of the policy recommendation after making such a recommendation. 3. Informs members about cooperation with international organizations active in this field and the activities of such organizations.

Article V Work program and projects

A. The Agency carries out its activities on the basis of an annual work program prepared by the Secretariat, reviewed by the Council and adopted by the Assembly. V. After consultation with the members and, in case of disagreement, after approval by the Assembly, the Agency may, in addition to implementing the work program, implement projects initiated and funded by the members, provided that the Agency's non-monetary resources are sufficient.

Article VI Membership

A. Members of the Agency may include States that are Members of the United Nations, as well as regional intergovernmental economic integration organizations that are willing and able to act in accordance with the objectives and activities provided for in this Charter. For membership in the Agency, a regional intergovernmental organization for economic integration must be formed by sovereign States, at least one of which is a member of the Agency. At the same time, Member States should delegate competence to such an organization on at least one of the issues falling within the scope of the Agency's activities. V. Such States and regional intergovernmental organizations of economic integration become: 1. The original members of the Agency, having signed the Charter and deposited the instrument of ratification. 2. By other members of the Agency, depositing a notice of affiliation after approval of their membership. Membership is considered approved if no objections have been raised to the Agency's members within three months after sending the relevant application. If an objection is raised, the application is considered by the Assembly in accordance with the procedure established by paragraph 1 of paragraph H of Article IX. C. The regional Intergovernmental Organization for Economic Integration, the organization and its member States will share responsibility for fulfilling obligations under this Charter. The Organization and its Member States do not have the right to simultaneously exercise their rights, including the right to vote, under this Charter. In their instruments of ratification or accession, the above-mentioned organizations will define the boundaries of their competence on issues within the scope of regulation of this Charter. These organizations will also inform the depositary of any significant change in their competence. In case of voting on issues within their competence, regional intergovernmental organizations of economic integration have a number of votes equal to the number of members of this organization who are members of the Agency.

Article VII Observers

But. Observer status may be granted by the Assembly: 1. Intergovernmental and non-governmental organizations that are active in the field of renewable energy. 2. States and organizations that have signed but not ratified this Charter. 3. Applicants whose applications for membership have been approved in accordance with the procedure provided for in paragraph 2 of paragraph B of Article VI. B. Observers may participate in public meetings of the Assembly and its subsidiary bodies without the right to vote.

Article VIII Organs

But. The following are established as the main bodies of the Agency:: 1. The Assembly. 2. The Council. 3. The Secretariat.  V. The Assembly and the Council, subject to the approval of the Assembly, may establish such subsidiary bodies as they deem necessary to carry out their functions in accordance with the present Statute.

Article IX The Assembly

A. 1. The Assembly is the highest body of the Agency. 2. The Assembly may discuss any matter within the framework of this Charter, or relating to the functions and powers of any body, the creation of which is provided for in this Charter. 3. On any of these issues, the Assembly may: a) to make decisions and make recommendations to any such body; c) to make recommendations to the members of the Agency upon their request. 4. In addition, the Assembly may propose issues for discussion by the Council and request reports from the Council and the Secretariat on any issue related to the functioning of the Agency. B. The Assembly consists of all the members of the Agency. The Assembly shall meet in regular annual sessions, unless it decides otherwise. C. Each member of the Agency has one representative in the Assembly. Representatives may be accompanied by deputies and advisers. The expenses related to participation in the work of the Assembly are covered by the member concerned. D. Sessions of the Assembly are held at the location of the Agency, unless the Assembly decides otherwise. E. At the beginning of each regular session, the Assembly elects a Chairman and other necessary officers, taking into account the principle of equitable geographical representation. The powers of these officers shall expire with the election of a new Chairman and other officers at the next regular session. The Assembly shall establish its own rules of procedure in accordance with the present Statute. F. In accordance with paragraph C of Article VI, each member of the Agency has one vote in the Assembly. The Assembly makes decisions on procedural matters by a simple majority of the votes of the members present and taking part in the voting. Decisions on substantive issues are made by consensus of the members present. If no consensus can be reached, consensus is considered to have been reached, provided that no more than two members object, except as provided for in these Articles of Association. If a question arises as to whether a particular issue is a matter of substance or not, such an issue is treated as a matter of substance, unless the Assembly decides otherwise by consensus of the members present. However, if no consensus can be reached, consensus is considered reached provided that no more than two members object. The majority of the Agency's members constitute the quorum of the Assembly. G. The Assembly, based on the consensus of the members present: 1. Elects the members of the Council. 2. Adopts at its regular sessions the Agency's budget and work program, submitted for consideration by the Council, and has the right to make decisions on amendments to the Agency's budget and work program. 3. Decides on the control of the Agency's financial policy, financial regulations, and other financial issues and elects an auditor. 4. Approves amendments to the Charter. 5. Decides on the establishment of subsidiary bodies and determines their competence. 6. Decides on the admission to voting on the basis of paragraph A of Article XVII. N. The Assembly, based on a consensus of the members present, which is considered to have been reached, provided that no more than two members object: 1. Decides, if necessary, on applications for membership. 2. Approves the rules of procedure of the Assembly and the Council submitted for consideration by the latter. 3. Adopts the annual report, as well as other reports. 4. Approves the conclusion of agreements on any issues within the framework of this Charter. 5. Decides in case of disagreement between the members regarding additional projects provided for in accordance with paragraph B of Article V. I. The Assembly will determine the location of the Agency and the Director General of the Secretariat (hereinafter referred to as the Director General) based on a consensus of the members present or, if consensus cannot be reached, by a majority vote of two thirds of the members present and voting. J. The Assembly will consider and, if necessary, approve at its first session any decisions, draft agreements, resolutions and recommendations developed by the Preparatory Commission in accordance with the voting procedures provided for in paragraphs F-I of article IX for the relevant issues.

Article X The Council

A. The Board consists of at least 11 and no more than 21 representatives of the Agency's members elected by the Assembly. The exact number of representatives corresponds to the rounded equivalent of one third of the Agency's members, determined based on the number of Agency members at the beginning of the voting in the Council. The members of the Council are elected in accordance with the principle of rotation established by the rules of procedure of the Assembly, taking into account the need to ensure real participation in the activities of the Council of developed and developing countries, achieve equitable geographical representation and effective work of the Council. The members of the Council are elected for a two-year term. B. The Council will meet every six months at the location of the Agency, unless the Council decides otherwise. C. At the beginning of each Council meeting, the Council elects a Chairman from among its members, as well as other officials, if necessary. The Council retains the right to develop its own rules of procedure. These rules of procedure are submitted to the Assembly for approval. D. Each member of the Council has one vote. The Council makes decisions on procedural issues by a simple majority vote of its members. Decisions on substantive issues are taken by a two-thirds majority vote of the Council members. If a question arises as to whether a particular issue is a matter of substance or not, such an issue is considered as a matter of substance, unless the Council decides otherwise by a two-thirds vote of the Council members. E. The Council is accountable to and accountable to the Assembly. The Council shall exercise the powers and functions granted to it by this Charter, as well as the functions assigned to it by the Assembly. At the same time, he acts in accordance with the decisions and, taking into account the recommendations of the Assembly, ensures their proper and continuous implementation. F. The Council: 1. Facilitates consultations and cooperation between members. 2. Examines and submits to the Assembly the draft budget and annual work program. 3. Approves preparations for the sessions of the Assembly, including the preparation of the draft agenda. 4. Considers and submits to the Assembly for consideration the draft annual report on the Agency's activities and other reports prepared by the Secretariat in accordance with paragraph 3 of paragraph E of Article XI. 5. Prepares any other reports at the request of the Assembly. 6. Concludes treaties and international documents with States, international organizations and international agencies on behalf of the Agency, subject to the prior consent of the Assembly. 7. Supplements and specifies the work program adopted by the Assembly with a view to its implementation by the Secretariat within the framework of the adopted budget. 8. Has the right to refer issues to the Assembly for consideration. 9. If necessary, it creates subsidiary bodies in accordance with paragraph B of article VIII, determines their powers and duration of functioning.

Article XI The Secretariat

A. The Secretariat shall assist the Assembly, the Council and their subsidiary bodies in the performance of their functions. The Secretariat shall also perform other functions assigned to it by this Statute, as well as by the Assembly or the Council. B. The Secretariat consists of the Director General, who is its head and chief administrative officer, and such officials as may be necessary. The Director General is appointed by the Assembly on the recommendation of the Council for a four-year term, which may be extended once for another similar term. With. The Director General is responsible to the Assembly and the Council. In particular, he is responsible for the recruitment, organization and functioning of the Secretariat. Ensuring the highest standards of efficiency, competence and integrity is of paramount importance in the selection of personnel and the determination of their conditions of service. Due consideration should be given to the importance of recruiting staff primarily in Member States, on the broadest possible geographical basis, with particular attention being paid to adequate representation of developing countries and gender balance. In preparing the budget, recruitment proposals should be based on the principle that the staffing of the Secretariat should be the minimum necessary for the proper performance of the Secretariat's functions. D. The Director General or his/her designated representative shall participate, without the right to vote, in all meetings of the Assembly and the Council. E. The Secretariat: 1. Develops and submits drafts of the Agency's work program and budget for consideration by the Council. 2. Implements the Agency's work program and its solutions. 3. Develops and submits to the Council for consideration a draft annual report and any other reports that may be requested by the Assembly or the Council. 4. Provides administrative and technical support for the activities of the Assembly, the Council and their subsidiary bodies. 5. Facilitates the exchange of information between the Agency and its members. 6. Circulates a recommendation on renewable energy policy after making such a recommendation to the members of the Agency in accordance with paragraph 2 of paragraph C of Article IV, develops and submits to the Assembly and Council a report on policy recommendations for each of their meetings. The report to the Council should also include planned policy recommendations related to the implementation of the annual work programme. F. In the performance of their duties, the Director General and other staff members of the Secretariat should not seek or receive instructions from any Government or other source outside the Agency. They should refrain from any actions that could affect their position as international officials responsible only to the Assembly and the Council. Each member of the Agency undertakes to respect the strictly international character of the duties of the Director General and other staff of the Secretariat and not to try to influence them in the performance of their duties.

Article XII Budget

A. The Agency's budget is formed by: 1. Mandatory contributions of members determined by the Assembly, based on the scale of assessments for the allocation of UN expenses. 2. Voluntary donations. 3. Other possible sources, in accordance with the financial rules to be adopted by the Assembly by consensus, as provided for in paragraph G of Article IX of this Statute. The financial rules and budget should ensure a reliable financial basis for the Agency's activities and the effective implementation of the Agency's activities defined by its work program. The Agency's main activities and administrative expenses are funded by mandatory contributions. B. The draft budget of the Agency is developed by the Secretariat and submitted to the Council for consideration. The Council can either send the draft to the Assembly with a recommendation for approval of the draft, or return the draft to the Secretariat for revision and re-submission. C. The Assembly will appoint an external auditor, whose term of office will be four years, with the right to re-election. The first appointed auditor will hold this position for two years. The Auditor reviews the Agency's accounts and makes the necessary observations and recommendations regarding the effectiveness of management and internal financial control.

Article XIII Legal personality, privileges and immunities

A. The Agency has an international legal personality. In the territory of each of its members, in accordance with national legislation, the Agency shall enjoy such legal capacity in accordance with national law as may be necessary for the performance of its functions and the achievement of its objectives. B. The members of the Agency will decide on a separate agreement on the privileges and immunities of the Agency.

Article XIV Relationships with other organizations

The Council, with the approval of the Assembly, will be authorized to conclude agreements on behalf of the Agency. Such agreements will establish an appropriate link between the Agency and the United Nations, as well as any other organizations whose activities are related to the Agency's activities. The provisions of this Charter are without prejudice to the rights and obligations of members arising from other international treaties.

Article XV Amendments, withdrawal, revision

A. Proposals for amendments to the present Statute may be submitted by any member of the Agency. The Director-General shall prepare certified copies of the text of any proposed amendment and distribute them to all members at least ninety days before their consideration by the Assembly. B. The amendments come into force for all Agency members.: 1. In the event that the amendments are approved by the Assembly after consideration of the Council's comments on each of them. 2. After all members have agreed to be bound by the amendments in accordance with their national legislation. The members of the Agency agree to the binding nature of the amendments by submitting the relevant document to the depository specified in paragraph A of Article XX of this Statute. C. At any time after the expiration of five years from the date of entry into force in accordance with paragraph D of Article XIX of this Statute, a member of the Agency may withdraw from the Agency by notifying the depositary designated in paragraph A of Article XX of this Statute in writing, which will immediately notify the Council and all members thereof. D. Such withdrawal takes effect at the end of the year in which the relevant notification was sent. The withdrawal of a member from the Agency does not entail the termination of its contractual obligations arising in accordance with paragraph B of article V, or its financial obligations for the year in which the member leaves the Agency.

Article XVI Dispute resolution

A. The members of the Agency shall resolve all disputes related to the interpretation or application of this Charter by peaceful means in accordance with paragraph 3 of Article 2 of the Charter of the United Nations and, to this end, seek to resolve disputes by means specified in paragraph 1 of Article 33 of the Charter of the United Nations. B. The Council may facilitate dispute resolution by any means it deems appropriate, including the provision of good offices, encouraging members to proceed with dispute resolution using their chosen means, and proposing a time frame for any procedure on which agreement has been reached.

Article XVII Temporary suspension of rights

A. Any member of the Agency who has outstanding arrears on financial obligations to the Agency is deprived of the right to vote if the amount of his arrears equals or exceeds the amount of contributions due from him for the previous two full years. The Assembly may, however, allow such a member of the Agency to vote if it finds that the delay in payment was due to circumstances beyond his control. B. In the event of a systematic violation by a member of the provisions of this Statute or any other agreement concluded in accordance with this Statute, the Assembly, on the recommendation of the Council, by a two-thirds vote of the members present and voting, may suspend the exercise by such member of the rights and privileges related to membership in the Agency.

Article XVIII Agency location

The location of the Agency will be determined by the Assembly at its first session.

Article XIX Signature, ratification, entry into force

A. The present Charter shall be open for signature at the Founding Conference to all States that are Members of the United Nations, as well as to regional intergovernmental economic integration organizations as defined in paragraph A of Article VI. This Charter will remain open for signature until the date of its entry into force. B. For States and regional intergovernmental economic integration organizations, as defined in paragraph A of Article VI, that have not signed this Charter, this Charter will be open for accession after the membership of these States or organizations has been approved by the Assembly in accordance with the procedure provided for in paragraph 2 of paragraph B of Article VI. C The consent to be bound by this Statute is expressed by depositing an instrument of ratification or accession. States shall ratify or accede to this Charter in accordance with the provisions of their domestic legislation. D. This Statute shall enter into force on the thirtieth day following the date of deposit of the twenty-fifth instrument of ratification. E. For States or regional intergovernmental organizations of economic integration that have deposited an instrument of ratification or accession after the entry into force of this Charter, this Charter shall enter into force on the thirtieth day after the date of deposit of the relevant document. F. Reservations to the provisions of this Charter are not allowed.

Article XX Depositary, registration, authentic text

A. The Government of the Federal Republic of Germany is appointed as the depositary of this Charter, as well as of the instruments of ratification and accession. B. The depositary of this Charter will register it in accordance with Article 102 of the Charter of the United Nations. C. The authentic English text of this Charter will be kept in the archives of the depository. D. Duly certified copies of this Charter will be sent by the depositary to the Governments of those States and the executive bodies of those regional intergovernmental economic integration organizations that have signed this Charter or whose membership has been approved in accordance with the procedure provided for in paragraph 2 of paragraph B of Article VI. E. The Depositary will immediately notify the signatory States and organizations of the date of deposit of each document, of the ratification and the date of entry into force of the Charter. F. The Depositary will immediately notify the States and organizations that have signed this Charter, as well as the members of the Agency, of the dates of accession to the Agency of States and regional intergovernmental organizations of economic integration. G. The Depositary will immediately send new applications for membership to all members of the Agency for consideration in accordance with the procedure provided for in paragraph 2 of paragraph B of Article VI. In witness whereof, the undersigned, being duly authorized, have signed these Articles of Association. Done in Bonn on January 26, 2009, in one original copy in English.

RCPI's note! The following is the text of the Charter in English.

President

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