On the accession of the Republic of Kazakhstan to the Grain Trade Convention of 1995

The Law of the Republic of Kazakhstan dated December 23, 1998 No. 332-1

    The Republic of Kazakhstan to join the Grain Trade Convention of 1995.                  

President of the Republic of Kazakhstan                                                            

International Grain Agreement of 1995                              

The preamble            The signatories of this Agreement,

          Whereas the International Wheat Agreement of 1949 was repeatedly consistently revised, renewed or extended, which led to the conclusion of the International Wheat Agreement of 1986, whereas the provisions of the International Wheat Agreement of 1986, consisting of the 1986 Wheat Trade Convention, on the one hand, and the Convention on The Food Aid Act of 1986, on the other hand, extended earlier, expires on June 30, 1995., and also considering the desirability of concluding an agreement for a new term,

    We agreed that the International Wheat Agreement of 1986 should be updated and renamed the International Grain Agreement of 1995, which should consist of two independent legal documents.:      (a) the Grain Trade Convention, 1995, and (b) the Food Aid Convention, 1995, and that both of these Conventions, or one of them, as appropriate, are submitted for signature and ratification, adopted or approved by the respective Governments in accordance with their constitutional or administrative regulations.                                                

Part 1 - General provisions                              

Article 1 Objectives The objectives of this Convention are:

          (a) to promote international cooperation in all areas of grain trade, especially to the extent that they affect the situation of food grains; (b) to promote the expansion of international grain trade and ensure the freest development of such trade, including the elimination of trade barriers and unfair and discriminatory practices, in the interests of all participants, in particular, from among the developing countries;           (c) contribute to the stabilization of international grain markets to the fullest extent possible in the interests of all participants, strengthen global food security and promote the development of countries whose economies depend heavily on commercial grain sales; and (d) provide a forum for the exchange of information and discussion of grain trade issues of concern to participants.                                                              

Article 2                                                           Definitions For the purposes of this Convention:           (1) (a) "Council" means the International Grain Council established pursuant to the 1949 International Wheat Agreement and maintained in accordance with Article 9; (b) (i) "participant" means a party to this Convention; (ii) "exporting participant" means a participant so designated in in accordance with Article 12;                 (iii) "importing participant" means a participant so designated in accordance with Article 12; (c) "Executive Committee" means a Committee established in accordance with  Article 15; (d) "Committee on Market Conditions" means a Committee established in accordance with  Article 16; (e) "grain" or "cereals" means barley, corn, millet, oats, rye, sorghum, triticale and wheat and products thereof, as well as, according to the decision of the  Rice, other grains and products made from them;           (f) (i) "purchase" means the purchase of grain for import or the quantity of grain so purchased, depending on the context; (ii) "sale" means the sale of grain for export or the quantity of grain so sold, depending on the context;           (iii) in those articles of this Convention where reference is made to sale or purchase, it should be understood that these terms refer not only to transactions of sale or purchase between the respective Governments, but also to transactions of sale or purchase between private firms and to transactions of sale or purchase between a private firm and the relevant Government..           (g) "special majority" means a vote requiring at least two thirds of the votes (counted in accordance with Article 12) of the exporting participants present and voting and at least two thirds of the votes (counted in accordance with Article 12) of the importing participants present and voting, counted separately; ((h) "Agricultural year" or "fiscal year" means the period from 1 July to 30 June; (i) "working day" means the working day at the headquarters of the Council.           (2) Any reference in this Convention to a "Government" or "Governments" or "Party" should be understood as including a reference to the European Community (hereinafter referred to as the EU). Accordingly, any reference in this Convention to the "signature" or "deposit of instruments of ratification, acceptance or approval" or "act of accession" or to a "declaration of provisional application" by the Government should be understood in relation to the EU as including a signature or declaration of provisional application.  on behalf of the EU by its competent authority and the deposit of an act, which, according to EU administrative regulations, is deposited at the conclusion of an international agreement.           (3) Any reference in this Convention to a "Government" or "Governments" or "Member" should be understood, where appropriate, to include a reference to any independent Customs territory within the meaning of the General Agreement on Tariffs and Trade or the agreement establishing the World Trade Organization.                                                              

Article 3 Information, reports and studies (1) In order to facilitate the achievement of the objectives set out in Article 1, a broader exchange of views during Council sessions and to ensure that information is received on an ongoing basis, regular reviews, information exchange and, if necessary, the preparation of special studies on grain issues should be ensured. Paying particular attention to the following:           (a) resources, demand and market conditions;           (b) changes in national policies and their impact on the global market; (c) changes related to the improvement and expansion of trade, consumption, storage and transportation, especially in developing countries.           (2) In order to improve the collection and provision of information for the reviews and studies referred to in paragraph 1 of this Article, to enable broader direct participation of participants in the work of the Council, and in addition to the instructions already given by the Council during its sessions, a Market Situation Committee is established, whose meetings are open. for all Council members. The functions of the Committee are defined in Article 16.                                                              

Article 4                                     Consultations on the market situation (1) If the Committee on Market Conditions, in the course of its continuous monitoring of the market situation, in accordance with Article 16, comes to the conclusion that changes in the international grain market pose a serious threat to the interests of participants, or if the Executive Director, on his own initiative or at the request of any participant, draws attention to In response to such changes, the Committee immediately reports the relevant facts.  The Executive Committee. In informing the Executive Committee, the Committee pays special attention to circumstances that threaten the interests of the participating countries.           (2) The Executive Committee shall meet within ten working days to consider such changes and, if it deems it appropriate, shall request the Chairman of the Council to convene a session to consider the situation.                                                              

Article 5                           Commercial procurement and special transactions (1) For the purposes of this Convention, commercial procurement is a procurement, as defined in Article 2, consistent with customary commercial practices in international trade, with the exception of transactions referred to in paragraph (2) of this Article.           (2) A special transaction for the purposes of this Convention is a transaction that includes special conditions that are inconsistent with normal commercial practice in connection with participation in the conclusion of such a transaction.  The Government of the relevant country. The category of special transactions includes the following: (a) sale on credit terms, in which, as a result of participation  The Government's interest rate, payment term, and other related conditions do not correspond to commercial rates, deadlines, or conditions prevailing on the global market; (b) a sale in which grain is paid for by a loan provided by the Government of the exporting participant to purchase grain; (c) a sale paid in the currency of the importing participant that does not converted into currency or goods for use in the exporting country;           (d) sale under trade agreements with special terms of payment, including clearing settlements with the settlement of credit balances bilaterally through the exchange of goods, except in cases where the relevant exporting participant and importing participant agree that the sale should be considered commercial;           (e) barter transactions: (i) which are concluded with the participation of the Government and in which grain is provided in exchange at prices other than those prevailing on the world market, or (ii) which are concluded within the framework of government procurement programs, except in cases where the purchase of grain is the subject of a barter transaction, in which in which the country of final destination is not specified in the original barter agreement;           (f) the provision of grain as a gift or the purchase of grain at the expense of funds donated for this specific purpose by an exporting participant; (g) any other categories of transactions determined by the Council that include special conditions inconsistent with normal commercial practice in connection with the participation of the Government of the country concerned in concluding such transactions.           (3) If the Executive Director or any participant raises the question of whether the transaction is a commercial purchase as defined in paragraph (1) of this Article or a special transaction as defined in paragraph (2) of this Article, the decision shall be made by the Council.                                                             

Article 6           Basic principles of concluding deals on preferential terms (1) Participants undertake to carry out all transactions on preferential terms for grain in such a way that they do not damage the normal structure of production and international commercial trade.            (2) To this end, participants, both suppliers and recipients, shall take appropriate measures to ensure that preferential transactions complement commercial sales that could realistically be expected in the absence of such transactions and lead to increased consumption and inventory in the recipient country. Such measures for countries that are members of the Food and Agriculture Organization (FAO) should comply with the FAO principles on surplus marketing and the main guidelines and advisory obligations of FAO members, and may require that a certain amount of commercial grain imports, agreed with the recipient country, be maintained on a common basis by that country. When setting or adjusting this volume, it is necessary to fully take into account the volume of commercial imports for a certain period, recent trends in consumption and imports, and the economic situation of the recipient country, including, in particular, the state of its balance of payments.           (3) When conducting export transactions on preferential terms, participants should consult with exporting participants whose commercial exports may be affected by such transactions to the maximum extent possible prior to such transactions.           (4) The Secretariat periodically reports to the Council on the progress of grain trade in transactions concluded on preferential terms.                                                              

Article 7 Registration and collection of information (1) Participants regularly provide information, and the Council records data for each agricultural year, showing all grain shipments by participants and all grain imports from non-participating countries separately for commercial purchases and special transactions. The Council also, whenever possible, registers all shipments between non-participating countries.           (2) The Participants, to the extent possible, provide such information as may be required by the Council regarding their grain supply and demand, and promptly report on all changes in their national grain policy.           (3) For the purposes of this Section:           (a) the participants shall send to the Executive Director such information regarding the amount of grain subject to commercial sales and purchases, as well as special transactions, as may be required by the Council within its competence, including:           (i) in respect of special transactions, such details of transactions as can be used to classify them in accordance with Article 5; (ii) available information regarding the type, class, grade and quality of the grain concerned;           (b) each participant, when exporting grain, sends to the Executive Director such data on export prices as the Council may require; (c) The Council regularly receives information on the prevailing grain transportation costs at that time, and the participants provide such additional information as the Council may require.           (4) If grain arrives in the country of final destination after being resold, transported or reloaded in ports of a country that is not its country of origin, the participants shall provide as much information as possible that would allow shipments to be recorded as shipments between the country of origin and the country of final destination. In the case of resale, the provisions of this paragraph apply in cases where the grain is shipped from the country of origin in the same agricultural year.           (5) The Council shall develop the rules of procedure for the collection of information and registration referred to in this Article. These rules should specify the time frame and procedure for submitting such information, as well as the obligations of participants in relation to their submission. The Council also provides for the procedure for making changes to any records or information under its jurisdiction, including the procedure for resolving any disputes arising in this regard. If any participant repeatedly and without any reason fails to provide information, as provided by this article.  In accordance with this Article, the Executive Committee shall consult with this participant in order to remedy the situation.                                                              

Article 8 Disputes and complaints (1) All disputes concerning the interpretation or application of this Convention  Conventions that have not been settled through negotiations are referred for resolution at the request of any participant who is one of the parties to the dispute.  Advice.           (2) Any participant who considers that his interests as a party to this Convention have been seriously harmed by the actions of one or more participants and this violates the functioning of the Convention may refer the matter to the Council for consideration. In such a case, the Council shall immediately consult with the relevant participants in order to resolve the issue. If, as a result of such consultations, the issue remains unresolved, the Council reviews the issue again and may make recommendations to the relevant participants.                          Part II - Administrative regulations                                                            

Article 9                                                         Composition of the Council (1) The Council (formerly the International Wheat Council, established by the International Wheat Agreement of 1949 and now renamed the International Grain Council) continues to operate for the purpose of implementing this Convention, with its composition, powers and responsibilities determined by this Convention.           (2) Participants may be represented at Council meetings by representatives, alternates and advisers.           (3) The Council elects a Chairman and a Vice-Chairman for a term of one agricultural year. The Chairman does not have the right to vote, and the Vice-Chairman does not have the right to vote in the performance of duties.  The Chairman.                                                              

Article 10                                       Powers and duties of the Council (1) The Council shall establish its own Rules of Procedure. (2) The Council shall maintain such documentation as is necessary under the terms of this Convention, as well as any other documentation it deems necessary.           (3) In order to facilitate the performance by the Council of its responsibilities under this Convention, the Council may request, and the parties shall provide to it, in accordance with paragraph (2) of Article 7, such statistical data and information as it requires for these purposes.           (4) The Council may, by special majority vote, delegate to any of its Committees or Executive Director powers or responsibilities, except for the following: (a) making decisions on matters referred to in Article 8; (b) reviewing, in accordance with Article 11, the votes of the participants listed in the Annex; (c) determining the exporting participants and importers and the distribution of votes among them, in accordance with Article 12; (d) the seat of the Council, in accordance with paragraph (1) of Article 13;           (e) appointment of the Executive Director, in accordance with paragraph (2) of Article 17; (f) approval of the budget and calculation of contributions of participants, in accordance with Article 21; (g) temporary suspension of voting rights of participants, in accordance with paragraph (6) of Article 21; (h) any request to the Secretary-General of UNCTAD to convene a conference for negotiations, pursuant to Article 22; (i) exclusion of a participant from the Council, pursuant to Article 30; (j) proposal for amendments, pursuant to Article 32;           (k) the extension or termination of this Convention in accordance with Article 33.           The Council may at any time revoke delegated powers and duties by a majority of votes cast.            (5) Any decision taken on the basis of delegated powers or duties by the Council, in accordance with paragraph (4) of this Article, is subject to review by the Council at the request of any participant within the time limits set by the Council. Any decision in respect of which, within the established time limits,  The deadline has not been requested for review, which is mandatory for all participants.           (6) In addition to the powers and duties defined by this  The Council may also have other powers and perform other duties that are necessary to comply with the terms of this Convention.                                                              

Article 11 Allocation of votes for the purposes of entry into force of the Convention and budgetary matters (1) For the purposes of entry into force of this Convention, calculations in accordance with paragraph (1) of Article 28 will be based on the number of votes listed in Part A of the Annex.           (2) For the purposes of calculating financial contributions, in accordance with Article 21, the votes of participants must be calculated on the basis of the votes specified in the Annex, taking into account the provisions of this Article and the related Rules of Procedure.           (3) Whenever this Convention is extended in accordance with paragraph (2) of Article 33, the Council shall review and adjust the votes of the Parties in accordance with this Article. As a result of such adjustments, the distribution of votes will more closely correspond to the current structure of grain trade and will be consistent with the methods established in the Rules of Procedure. (4) If the Council decides that significant changes have taken place in the structure of global grain trade, it will consider and may adjust the votes of participants. Such adjustments shall be considered as amendments to this Convention, subject to the provisions of Article 32, except that a decision to adjust votes may take effect only at the beginning of the financial year. After any adjustment of the votes of the participants in accordance with this paragraph, it is not allowed to continue it until the end of three years.           (5) All redistributions of votes in accordance with this Article shall be carried out in accordance with the Rules of Procedure.           (6) For all purposes relating to the implementation of this Convention, with the exception of its entry into force in accordance with paragraph (1) of Article 28 and the establishment of monetary contributions in accordance with Article 21, the votes of the parties shall be distributed in accordance with Article 12.                                                              

Article 12                                 Determination of exporting and importing Participants and distribution of votes between them (1) At the first session convened under this Convention, the Council will determine which of the participants will be exporting participants and which of the participants will be importing participants for the purposes of this Convention. At the same time, the Council will take into account the grain trade structure of these participants and their point of view on this issue.           (2) After the Council determines which of the participants in this  Who is the exporting party to the Convention and who is the importing party, the exporting parties, based on the distribution of their votes according to  Article 11, distribute the votes among themselves by agreement, in accordance with the conditions set out in paragraph (3) of this Article, and importing participants distribute the votes in the same way.           (3) For the purposes of distributing votes, in accordance with paragraph (2) of this Article, exporting participants shall jointly have 1,000 votes and importing participants shall jointly have 1,000 votes. No participant has more than 333 votes as an exporting participant or more than 333 votes as an importing participant. There should be no partial votes.           (4) The lists of exporting and importing participants are being reviewed  By the Council in the light of changes in the structure of their grain trade three years after the entry into force of this Convention. They shall also be reviewed each time this Convention is extended in accordance with paragraph (2) of Article 33.           (5) At the request of any participant, the Council may, at the beginning of any financial year, by a special majority vote, transfer that participant from the list of exporting participants to the list of importing participants or, accordingly, from the list of importing participants to the list of exporting participants.            (6) The distribution of votes of exporting and importing participants is reviewed by the Council each time the lists of exporting and importing participants are changed in accordance with paragraphs (4) or (5) of this Article.  Articles. Any redistribution of votes in accordance with this paragraph shall be carried out in accordance with the conditions set out in paragraph (3) of this Article.           (7) Whenever a Government becomes or ceases to be a Party to this Convention, the Council shall redistribute the votes of the other exporting or importing Parties accordingly, in proportion to the number of votes held by each party in accordance with the conditions set out in paragraph (3) of this Article.           (8) Any exporting participant may authorize any other exporting participant and any importing participant may authorize any other importing participant to represent its interests and exercise its right to vote at one or more meetings of the Council.  A duly executed transfer of authority must be submitted to the Council.           (9) If, at any meeting of the Council, a participant is not represented by an official representative and has not authorized another participant to exercise his right to vote in accordance with paragraph (8) of this Article, or if, by the time of any meeting, any participant has lost his right to vote, has been deprived of it or has regained it in accordance with in accordance with any provision of this Convention, the total number of votes that exporting parties should have at a given meeting should be equal to the total number of votes, which the importing participants will actually have at this meeting, and redistributed among the exporting participants in proportion to their votes.                                                              

Article 13 Seat, sessions and quorum (1) The seat of the Council shall be London, unless the Council decides otherwise.           (2) The Council shall meet at least once in each half of the fiscal year and at any other time by decision of the Chairman or in connection with other requirements provided for in this Convention.           (3) The Chairman shall convene a session of the Council at the request of: (a) five participants, or (b) one or more participants with at least 10 per cent of the total number of votes, or (c) the Executive Committee.           (4) The presence of representatives with a majority of the votes of exporting participants and representatives with a majority of the votes of importing participants, prior to the redistribution of votes in accordance with paragraph (9) of Article 12, is necessary to ensure a quorum at any meeting of the Council.                                                             

Article 14 Decisions (1) With the exception of other cases provided for in this Convention, the decisions of the Council shall be taken by a majority of the votes of the exporting participants and a majority of the votes of the importing participants counted separately.           (2) Each participant recognizes that all decisions are binding on themselves.  Adopted by the Council in accordance with the provisions of this Convention, which does not affect its complete freedom of action in determining and implementing agricultural and pricing policies.                                                              

Article 15 Executive Committee (1) The Council shall establish an Executive Committee consisting of no more than six exporting Members elected annually by the exporting Members and no more than eight importing members elected annually by the importing Members. The Council appoints the Chairman of the Executive Committee and may appoint a Vice-Chairman.           (2) The Executive Committee is responsible to the Council and carries out its work under its general guidance. He/she has such powers and duties as are clearly defined for him/her in accordance with this Article.  The Convention, as well as other powers and duties that the Council may  delegate to him, in accordance with paragraph (4) of Article 10. (3) Exporting Participants in the Executive Committee have a total number of votes equal to the number of votes of importing participants. The votes of exporting participants in the Executive Committee are distributed by agreement between them, provided that no exporting participant should have more than 40 percent of the total number of votes of these exporting participants. The votes of the importing participants in the Executive Committee are distributed by agreement between them, provided that no importing participant should have more than 40 percent of the total number of votes of these importing participants.           (4) The Council shall establish rules of procedure for voting in the Executive Committee and may develop other provisions for the rules of procedure in the Executive Committee as it deems necessary.  Decisions of the Executive Committee shall be taken by the same majority as provided for in this Convention in respect of the Council when considering similar matters.           (5) Any member of the Council who is not a member of the Executive Committee may participate, without the right to vote, in the discussion of any issue considered by the Executive Committee, in cases where the latter considers that the interests of that member are affected.                                                              

Article 16                                       Committee on Market Conditions (1) The Council establishes a Committee on Market Conditions, which is  By the Committee of the Whole. The Chairman of the Committee on Market Conditions is the Executive Director, unless the Council decides otherwise. (2) Invitations to attend meetings of the Committee on Market Conditions as observers may be sent to representatives of countries that are not parties to the Convention and international organizations such as  The Chairman of the Committee will consider it appropriate.           (3) The Committee constantly monitors and informs the participants on all issues affecting the global grain economy. During the monitoring process, the Committee takes into account relevant information provided by any member of the Council.           (4) The Committee exercises additional leadership along with the Council.  The Secretariat in order to assist it in carrying out the work provided for in Article 3.            (5) The Committee shall provide consultations in accordance with the relevant Articles of this Convention, as well as on any other matters that may be referred to it by the Council or the Executive Committee.                                                              

Article 17 Secretariat (1) The Council shall have a Secretariat, which shall consist of the Executive Director, who shall be a senior official, and such staff as may be required for the work of the Council and its committees.           (2) The Council shall appoint an Executive Director who shall be responsible for the performance of the duties assigned to the Secretariat for the implementation of this Convention and for the performance of other duties assigned to him by the Council or its Committees.           (3) The staff of the Secretariat shall be appointed by the Executive Director in accordance with the rules approved by the Council.           (4) The condition for the appointment of the Executive Director and the staff of the Secretariat is that they have no financial interest in the field of grain trade, or, if there is such an interest, renounce it, as well as the obligation not to seek or receive from any Government or from any bodies not related to To the Council, instructions regarding the performance of duties arising from this Convention.                                                              

Article 18                                               Inviting observers            The Council may invite any non-participating State, as well as any intergovernmental organization, to attend any of its meetings as an observer.                                                              

Article 19                                               Cooperation with other intergovernmental organizations (1) The Council may take any necessary measures to organize consultations or cooperation with the United Nations, its organs and such other specialized agencies and intergovernmental organizations as it deems appropriate, in particular with the United Nations Conference on Trade and Development, the Food and Agriculture Organization of the United Nations., The Common Fund for Commodities and the World Food Programme.           (2) Bearing in mind the special role of the United Nations Conference on Trade and Development in international commodity trade, the Council shall inform the United Nations Conference on Trade and Development of its activities and work programmes in such a manner as it deems appropriate.           (3) If the Council considers that any of the terms of this Convention are incompatible with the requirements that may be established by the Organization  In respect of intergovernmental commodity agreements, such non-conformity shall be considered as a circumstance impeding the implementation of this Convention, and in this case the procedure provided for in Article 32 shall apply.                                                              

Article 20                                             Privileges and immunities (1) The Council has a legal status. He enjoys, in particular, the right to conclude contracts, acquire and dispose of movable and immovable property, and be a plaintiff or defendant in court.           (2) The status, privileges and immunities of the Council in the territory of the United Kingdom  The Kingdoms will continue to be defined by the Headquarters Agreement between  Signed in London on November 28, 1968, by the Government of the United Kingdom of Great Britain and Northern Ireland and the International Wheat Council.           (3) The Agreement referred to in paragraph (2) of this Article is not an integral part of this Convention. Its effect, however, is terminated.:           (a) by agreement between the Government of the United Kingdom  Of Great Britain and Northern Ireland and the Council, or (b) in the event of the Council's relocation from the territory of the United Kingdom, or (c) in the event of the termination of the Council's activities.           (4) In case of relocation of the Council from the territory of the United Kingdom  The Government of the member State in which the Council is located shall conclude an international agreement with it on the status, privileges and immunities.  The Board, its Executive Director, staff, as well as representatives of participants participating in meetings convened by the Board.                                                             

Article 21 Financial matters (1) The expenses of the delegations participating in the sessions of the Council, as well as representatives on its committees and working groups, shall be borne by the respective Governments. Other expenses necessary for the implementation of this Convention shall be covered by annual contributions from all Parties. The contribution of each participant for each financial year is determined in proportion to the number of its votes in the Annex in relation to the total number of votes of participants in the Annex, redistributed in accordance with Article 11 in such a way as to reflect the composition of participants  The Convention at the time of approval of the budget for this financial year.           (2) At its first session after the entry into force of this Convention  The Council approves its budget for the fiscal year ending June 30, 1996, and sets the amount of contributions of each participant.           (3) At a session held in the second half of each financial year, the Council approves its budget for the following financial year and sets the amount of contributions of each participant for that financial year.           (4) The initial contribution of any Party acceding to this Convention in accordance with paragraph (2) of Article 27 shall be determined on the basis of the number of votes agreed with the Council as a condition of its accession and the period remaining at the time of accession until the end of the current financial year, with contributions payable by other parties in that financial year, remain unchanged.           (5) Contributions are payable immediately after their establishment.           (6) If, six months after the date on which its contribution is due, any participant has not paid its contribution in full in accordance with paragraph (5) of this Section, the Executive Director shall invite that participant to make the payment as soon as possible. If after six months after the request  If the participant fails to pay his contribution to the Executive Director, he is temporarily deprived of the right to vote in the Council and the Executive Committee until he pays his contribution in full.           (7) A Participant temporarily deprived of the right to vote in accordance with paragraph (6) of this Article shall not lose any of his other rights and shall not be released from any of his other obligations under this Agreement.  This Agreement, unless the Council decides otherwise by a special majority vote. He/she continues to be responsible for the payment of his/her contribution and for the fulfillment of any other of his/her financial obligations under this Agreement.           (8) Each financial year, the Council publishes an auditor-certified income and expenditure report for the past financial year.           (9) Before the termination of its activities, the Council shall take measures to settle its obligations, as well as to transfer its documentation and assets.                                                              

Article 22                                               Economic conditions            The Council will, in due course, consider possible negotiations on a new international agreement or convention with economic provisions and submit a report to the participants, making such recommendations as it deems appropriate. The Council may, when it considers that these negotiations can be successfully concluded, request the Secretary-General of the United Nations Conference on Trade and Development to convene a conference of plenipotentiaries.                          Part III - Final provisions                                                             

Article 23 Depositary (1) The Secretary-General of the United Nations shall be designated as the depositary of this Convention.           (2) The Depositary shall inform all Governments that have signed or acceded to the Convention of each case of signature, ratification, acceptance, approval, provisional application and accession to this Convention.  The Convention, as well as each notification and notification received in accordance with Articles 29 and 32.                                                              

Article 24                                                             Signature This Convention is open for signature at the Headquarters of the Organization.  Of the United Nations from 1 May 1995 to 30 June 1995 inclusive  By the Governments of the countries listed in the Appendix.                                                              

Article 25                                   Ratification, acceptance or approval (1) This Agreement is subject to ratification, acceptance or approval by each signatory Government in accordance with its respective constitutional procedures.           (2) Instruments of ratification, acceptance or approval shall be deposited with the depositary no later than June 30, 1995. However, the Council may grant one or more deferrals to any signatory Government that is unable to deposit an instrument of ratification or an act by the specified deadline. The Council shall inform the depositary of all such extensions.                                                                                

Article 26                                                     Provisional application Any signatory Government and any other Government entitled to sign this Convention or whose application for accession has been approved by the Council may deposit a declaration of provisional application with the depositary. Any Government that has deposited such a declaration shall provisionally apply this Convention in accordance with its laws and shall be provisionally considered a party to it.                                                              

Article 27                                                         Accession (1) Any Government listed in the Annex may accede to this Convention up to and including June 30, 1995, except in cases where the Council may grant one or more deferrals to any  To the Government, which has not deposited its instrument of accession by the specified date.           (2) After 30 June 1995, the Governments of all States may accede to this Convention on such terms and conditions as the Council deems appropriate. Accession is carried out by depositing an act of accession with the depositary. The act of accession should indicate that the Government accepts all the conditions set by the Council.           (3) In cases where, for the purposes of implementing this  The parties listed in the Annex to the Convention shall be indicated, and any Party whose Government has acceded to this Convention on the terms proposed by the Council in accordance with this Article shall be deemed to be included in the said Annex.                                                              

Article 28                                                       Entry and force (1) This Convention shall enter into force on 1 July 1995 if instruments of ratification, acceptance, approval or accession or declarations of provisional application have been deposited no later than 30 June 1995 on behalf of the Governments listed in Part A of the Annex and having together at least 88 percent of the total number of votes specified in Part A of the Appendix.           (2) If this Convention does not enter into force in accordance with paragraph (1) of this Article, the Governments that have deposited instruments of ratification, acceptance, approval or accession or declarations of provisional application may decide by common agreement that it will enter into force between them.                                                              

Article 29 Voluntary withdrawal Any party may withdraw from the Convention at the end of a financial year by giving written notice of its withdrawal to the depositary at least 90 days before the end of that financial year, but it is not thereby released from obligations arising from this Convention that have not been fulfilled by the end of that financial year. At the same time, the participant informs the Council about the actions taken.                                                               

Article 30                                                             Exclusion If the Council considers that a party is violating its obligations under this Convention and decides that such violation is seriously detrimental to the operation of this Convention, it may, by special majority vote, expel that party from the Council. The Council shall immediately notify the depositary of any such decision. Upon the expiration of ninety days from the date of the Council's decision, the participant ceases to be a member of the Council.                                                             

Article 31                                                     Settlement procedure (1) The Council shall determine the settlement procedure that it considers fair with a participant that withdraws from this Convention or is excluded from the Council or which in any way ceases to be a party to this Convention. The Council withholds any amounts already paid by this participant. Such a participant remains obligated to pay the Council any amounts due from him.           (2) After the expiration of this Convention, any participant referred to in paragraph (1) of this Article shall not be entitled to any share of the proceeds from the liquidation or any other assets of the Council, nor shall he be charged with any part of the possible deficit of the Council.                                                              

Article 32                                                             Amendments            The Council may, by special majority vote, recommend an amendment to this Convention to the Parties. The amendment shall enter into force 100 days after the depositary receives notification of its acceptance from exporting participants holding two thirds of the total number of votes of exporting participants and from importing participants holding two thirds of the total number of votes of importing participants, or at such later date as may be determined by the Council by a special majority vote.. The Council may set a time limit within which each participant notifies the depositary of its acceptance of the amendment, and if the amendment does not enter into force by that time, it shall be considered withdrawn. The Council shall provide the depositary with the information necessary to determine whether the notifications of acceptance received are sufficient for the amendment to enter into force.           Any participant on whose behalf notification of the adoption of an amendment has not been sent by the date of its entry into force ceases to be a party to this Agreement from that date, unless such participant convinces the Council that its adoption cannot be achieved on time due to difficulties in completing its constitutional procedures and the Council will not decide to extend the deadline set for the adoption of the amendment for such a participant. A Participant is not considered bound by such an amendment until it notifies of its acceptance.                                                              

Article 33 Duration, extension and termination of the Convention (1) This Convention shall remain in force until June 30, 1998, unless it is extended in accordance with paragraph (2) of this Article or if its operation is not terminated earlier in accordance with paragraph (3) of this Article, or if it is not replaced before the date provided a new agreement or convention that may be negotiated in accordance with ArticleArticle 33 Duration, extension and termination of the Convention (1) This Convention shall remain in force until June 30, 1998, unless it is extended in accordance with paragraph (2) of this Article or if its operation is not terminated earlier in accordance with paragraph (3) of this Article, or if it is not replaced before the date provided a new agreement or convention that may be negotiated in accordance with Article 22.           (2) The Council may, by a special majority vote, extend this Convention after 30 June 1998 for a further period no(2) The Council may, by a special majority vote, extend this Convention after 30 June 1998 for a further periot exceeding two years in each individual case. Any Party that does not agree to such an extension of this Convention shall so inform the Council at least thirty days prior to the entry into force of the extension. Such a party shall cease to be a party to this Convention from the date on which the extension period begins, but it shall not be released from any obligations under this Convention that it has not fulfilled before that date.           (3) The Council may at any time, by special majority vote, decide to terminate this Convention, beginning on such date and under such conditions as it may determine.           (4) After the termination of this Convention, the Council shall continue to exist for such time as may be necessary to carry out its liquidation, and shall have such powers and perform such duties as may be necessary for the specified purpose.           (5) Th(5) The Council shall notify the depositary of any actions taken in accordance with paragraph (2) or (3) of this Article.                                                              

Article 34                                         The relationship between the Preamble and the Convention This Convention includes the Preamble to the International Grain Agreement of 1995.           In witness whereof, the undersigned, being duly  

aauthorized by their respective Governments, have signed this Convention on the dates indicated against their signatures.      Approved in London on December 7, one thousand nine hundred and ninety-four, the texts of this Convention in English, French, Russian and Spanish being equally authentic.                            

Appendix to              

Convention on Trade in Grain, 1995 Distribution of votes in accordance with article 11          

(since July 1, 1995 - until June 30, 1998.)                                Part A Algeria 15 Argentina 97 Australia 122 Austria 5 Barbados 5 Bolivia 5 Canada 243 Ivory Coast 5 Cuba 6 Ecuador 5 Egypt (Arab Republic) 55 Europeantil June 30, 1998.)                                Part A Algeria 15 Argentina 97 Australia 122 Austria 5 Barbados 5 Bolivia 5 Canada 243 Ivory Coast 5 Cuba 6 Ecuador 5 Egypt (Arab Republic) 55 European Community 443 Finland                              5 Hungary 13 India 32 Iran (Islamic Republic of) 9 Iraq 9 Israel 8 Japan 187 Korea, Republic of 26 Malta 5 Mauritius 5 Morocco 10 Norway 11 Pakistan 14 Panama 5 Russian Federation 100 SauRepublic of 26 Malta 5 Mauritius 5 Morocco 10 Norway 11 Pakistan 14 Panama 5 Russian Fedr100 Saudi Arabia 17 South Africa 16 Sweden 10 Switzerland 15 Tunisia 5 Turkey 7 United States America 475 Vatican City 5 Republic Of Yemen 5 _____ 2,000 Part In Bangladesh 9 Belarus 5 Brazil 32 Bulgaria 7 Chile 6 China (People's Republic Of) 77 Colombia 5 Cyprus 5 Czech Republic Republic of 6 Dominican Republic 5 El Salvador 5 Estonia 5 Ethiopia 5 Ghana 5 Guatemala 5 Indonesia 9 Jamaica 5 Jordan 5 Kazakhstan 5 Kenya 5 Kuwait 5 Latvia 5 Lithuania                                  5 Malaysia 8 Mexico 28 New Zealand 5 Nigeria 6 Paraguay 5 Peru 9 Philippines 7 Poland 31 Romania 14 Senegal 5 Slovakia 6 Slovenia 5 Sri Lanka 5 Sudan 5 Syrian Arab Republic 7 Taiwan 26 Tanzania 5 Thailand 17 Trinidad and Tobago 5 UkrainArab Republic 7 Taiwan 26 Tanzania 5 Thailand 17 Trinidad and Tobago 5 Ukraine 8 Uruguay 5 Uzbekistan 14 Venezuela 13 Vietnam 5 Zaire 5 Zambia 5 Zimbabwe 5                       Rules of Procedure in the framework of              Conventions on Grain Trade in 1995, Part 1 - General provisions      on Grain Trade in 1995, Part 1 - General provisions                              Rule 1                         Application of the Convention The participating countries shall take such measures as, in their opinion, are necessary to ensure the fulfillment of their obligations under the Convention.                               Rule 2                             Definitions       Article 2 For the purposes of these Rules of Procedure: (a) "conditioned seed wheat" means wheat that has been officially certified as such acRule 2                            Definitions       Article 2 For t

(g) All conversion of shipments of wheat flour into grain equivalent is based on the degree of extraction specified in the contract between the buyer and seller. If it is not specified in the contract, then the degree of extraction of 73% (by weight) is accepted for recalculation, with the exception of grains and flour from durum wheat. In this case, the recovery rate is assumed to be 63%; (h) "Developing country", until the Council decides otherwise, is defined in the same way as in the current Food Aid Convention.  However, this definition will not prevent the Secretariat from using different definitions of economic groupings of countries, as may be convenient for statistical reporting and accounting purposes.                                                            Rule 3 Information, reports and research            Article 3 (a) The Parties to the Convention undertake to provide, to the extent possible, such statistical and other information as may be required for the operation of the Convention, in particular:           (i) information on shipments and imports provided for in Rule 4; (ii) information on prices provided for in Rule 5; and (iii) information required by the Committee on Market Conditions for the reports and studies referred to in Article 3 of the Convention, in particular with regard to supply, demand and market conditions; changes related to trade, consumption, storage and transportation. (b) In the absence of official information, the Secretariat may, at its discretion, obtain the information it needs from other sources.                                                              

Rule 4                                   Information about shipments and imports            

Article 7 (a) The procedure for submitting information is set out in paragraphs (b) to (f) of this Rule and will be applied each time to information received from parties, in accordance with paragraph (1) of Article 7 of the Convention, on their shipments of grain and imports of grain from countries not parties to the Convention.           (b) All information must be:           (i) conform to the form approved by the Committee on Market Conditions; (ii) cover consecutive time periods and be numbered sequentially for subsequent references; and (iii) be transferred to the Executive Director in the fastest way possible.           (c) All information must show separately the quantity of each type of grain or grain product shipped or imported in each specific case. They should differ, in particular, in the following:           (i) between commercial and special transactions, as defined  Article 5 of the Convention; (ii) in the case of wheat, between grain wheat, wheat flour, durum wheat, durum wheat flour and coarse grain;           (iii) in the case of barley, between grain and malt; (iv) in the case of all other types of grain, between grain as such and a grain product; and (v) in all information, isolate conditioned seed wheat.           (d) Participants who export grain or who import grain from non-participating countries shall provide their information on shipments and imports, if any, during each calendar month.  This information is sent to the Executive Director in the fastest way after the end of the month in which these transactions took place. If there have been no exports or imports during a given month, the participant reports "zero", except in cases where the Market Committee agrees that the participant should not provide information until the situation changes.           (e) The Committee on Market Conditions may request any participant to provide information at shorter intervals than those required by paragraph (d) of this Rule.           (f) Any amendments to the submitted information made in accordance with paragraph (d) of this Rule should be communicated as soon as possible.           (g) As soon as possible after the end of each agricultural year or when the situation so requires, participants conducting transit trade and transhipment should try to eliminate as much as possible any differences and discrepancies between the purchases of importing participants registered by the Council on the basis of information provided in accordance with paragraph (d) of this Rule., and their valid import. Any amendments agreed upon should not result in any change in the total volume of registered exports of any participant. (h) Any question raised by a participant regarding the interpretation or application of paragraphs (a) to (g) of this Rule or regarding the figures concerning that participant shown in any The notification of shipments is sent to the Executive Director, who, if this issue cannot be resolved satisfactorily, sends it for consideration.  The Executive Committee.           (i) The Executive Director shall send regular notifications to the members of the Board based on information received in accordance with paragraphs (d) to (g) of this Rule, supported, where necessary, by other information available to the Secretariat. These notices show the sources and destinations of all grain shipments during the period under review, showing, in particular, those that are produced on commercial and special terms, as defined in Article 5 of the Convention.           (j) Immediately after the end of each agricultural year, the Executive Director shall prepare and send to all participants a draft shipment record showing the details of all recorded shipments of grain that took place during the previous year. After the approval of the specified shipment registration by the Council, it is published under such conditions as the Council determines.                                                              

Rule 5                                                     Pricing information            

Article 7 (a) Grain exporting participants shall send to the Executive Director, as soon as possible, no later than the Tuesday of each business week, messages providing information on the prices at which grain is traded or on the prices indicated in the sales offers, indicating the appropriate loading locations during the preceding week..           (b) Information in accordance with paragraph (a) of this Rule must:           (i) cover all descriptions, classes, types, grades, or quality of grains or grain products that are exported or available for sale; (ii) be on FOB (FAS in the case of derivative products), or on CIF or caf terms; (iii) indicate the appropriate shipping period; and (iv) indicate, where possible, the importing countries or regions to which the prices indicated relate.           (c) Grain importing Participants, whenever possible, send regular information to the Executive Director about the prices (FOB, FAS, CAF or CIF) at which they purchase grain.           (d) Participants should inform the Executive Director whenever changes are made to special specifications, standards or descriptions of grain or derived products offered for export, when prices are quoted in accordance with this Rule.                                                              

Rule 6                                         Causing serious damage            

Article 8 If a party wishes to raise with the Council the issue that its interests, as a party to the Convention, have been seriously harmed by the actions of one or more other parties and these actions violate the functioning of the Convention, it shall do so in writing addressed to the Executive Director. The Executive Director immediately arranges consultations between interested participants and notifies  The Executive Committee on raising this issue. If it is not possible to satisfactorily resolve this issue through consultations between the parties and then at a meeting of the Executive Committee, the matter is referred to the Council for consideration, and, if necessary, a special session is convened for this purpose.                              

Part II - Administrative regulations                                                            

Rule 7                                               Appointment of representatives            

Article 9           Each member of the Council appoints a representative located in the country of the Council's seat, to whom notifications and other communications about the work of the Council are usually sent. Any member of the Board may agree with the Executive Director on a different representation procedure.                                                              

Rule 8                       Chairman and Deputy Chairman of the Council            

Article 9 (a) At the last regular session held at the end of the financial year, the Council shall elect a Chairman and a Vice-Chairman for the following financial year, who shall assume their duties from the beginning of that year.           (b) The Chairman and the Vice-Chairman are elected persons, one is elected by the delegations of the importing member countries and the other by the delegations of the exporting member countries. Each of these officers may, as a rule, replace each other during the year between the two categories of members, but in exceptional circumstances, the Council may elect a Chairman or Vice-Chairman to serve for a second consecutive term.

(c) In addition to exercising the powers provided for in the Rules of Procedure, the President shall have the following responsibilities::      (i) preside over the meetings of the Council; (ii) announce the opening and closing of each meeting and each session  (iii) to submit a draft agenda to the Council for approval at the beginning of each session; (iv) to manage the discussion at the meetings and ensure compliance with  Rules of procedure; (v) to accord the right to speak and, in accordance with Rule 17, to rule on points of order;      (vi) to raise questions and announce decisions; (vii) to put questions to the vote and announce the results of voting at the meeting; and (viii) to monitor the voting procedure set out in Rule 19 (b) (i) and (ii).

          (d) If the Chairman of the Council is absent from part of the meeting or during the entire meeting, or is temporarily unable to perform his duties, the Vice-Chairman shall perform his duties. In the absence of the Chairman and the Vice-Chairman, the Council elects an interim Chairman.           (f) If for any reason the Chairman of the Council is unable to continue performing his duties, his duties shall be performed by  Deputy Chairman until the Council elects a new Chairman.           (f) The Vice-Chairman, acting as Chairman of the Council or Interim Chairman, shall have the same powers and duties as the Chairman.           (g) The Chairman of the Council may attend meetings of any committee of the Council and participate in discussions without the right to vote.  All available minutes of meetings of the Council's committees and any other information about the work of the committees that he deems necessary are sent to the Chairman.           (h) While taking the Chair during Council meetings, the Chairman, the Vice-Chairman or the Interim Chairman may not act as a representative of any member country on the Council and shall not have the right to vote.                                                              

Rule 9                                                   Council documentation            

Article 9 (a) All records of the Council shall be kept in English, French, Russian and Spanish.           (b) Council meeting reports and other documents of the Council, the Executive Committee, the Market Research Committee and other Committees or Working Groups are usually marked "restricted access", thereby indicating that they are intended for official use only.           (c) The following procedure applies for the declassification of documents marked "restricted access": (i) the minutes and reports on the activities of the Council, on meetings of the Committee and the Working Group remain marked "restricted access" for five years, but after three years from the date of their release, the admission of responsible persons may be permitted; (ii) other documents remain classified as "restricted access" for three years from the date of their release, however, one year after the date of their release, they may be allowed access by responsible persons.            (d) Notwithstanding the provisions of paragraph (c) of this Rule, the Council or the Executive Committee may decide that the information contained in any document may be published or made available upon request; the Committee  According to market conditions, he may decide that the information contained in any document for which he is responsible can be published or provided on demand.                                                              

Rule 10                                        

The Council's report for the fiscal year            

Article 10           At the very beginning of each financial year, the Executive Director prepares a draft Report of the Board for the past financial year. The report describes the activities of the Council and its Committees and the operation of the Grain Trade Convention during the reporting year. The draft is reviewed by the Executive Committee and then submitted to the Council for approval and subsequent publication.                                                             

Rule 11 Delegation of authority            

Article 10 (a) Where, in accordance with the Rules of Procedure, any committee of the Council or the Executive Director has been granted powers beyond those provided for in the Convention, they shall be considered as powers delegated by the Council in accordance with paragraph (4) of Article 10 of the Convention.           (b) Any request by a participating country for a review by the Council of a decision taken by any Committee in accordance with the powers or responsibilities delegated to it in accordance with paragraph (4) of Article 10 of the Convention shall be submitted in writing to the Executive Director no later than 30 days from the date of circulation of the approved protocol of that Committee containing the said decision.                                                              

Rule 12                                           Changing or canceling the Rules            

Article 10 Any proposal to amend or suspend a Rule of Procedure may be provisionally adopted by the Council. Any proposal for a permanent amendment to any  A rule of procedure or its cancellation may be adopted by the Council, provided that the Executive Director distributes a notification to this effect at least one month before the Council meeting at which the proposal may be considered.                                                              

Rule 13                                                   Vote adjustment            

Article 11           When adjusting the votes of the parties to the Convention in accordance with paragraph (3) of Article 11, the following method will be applied:           For each participant, the votes will be based on: (i) the simple average of the votes held by that participant as of July 1, 1994, in accordance with Article 11 of the 1986 Wheat Trade Convention, and           - the share (expressed as a fraction of 2000 votes) of the grain trade volume of this participant in the total grain trade volume of all participants, derived from the average data for the period defined below: for the initial votes, effective in 1995/96, the average data are taken for the period 1961/62-1990/91; for adjustments, effective In 1998/99, the average data will be taken for the period 1970/71-1993/94; for adjustments effective in 2000/01, the average data will be taken for the period 1976/77-1995/96.;           for adjustments effective in 2002/03, the average data will be taken for the period 1982/83-1997/98; for adjustments effective in any other year, the average data will be taken for the period interpolated based on the above scheme, except that in no case the period for which the averages are taken The data must not be less than 10 years old.           In the case of a country that, as of July 1, 1994, was not a party to the 1986 Convention, votes will be calculated based on the share of that country's grain trade in the total grain trade of all parties during the relevant period specified in this paragraph, or for such part of that period as may be received (ii) the number of votes of each country party to the 1995 Food Aid Convention, calculated in accordance with paragraph (i) of this Rule, will be increased by 8%;           (iii) the results of the calculations in paragraphs (i) and (ii) of this Rule will be adjusted proportionally, taking into account the provisions of Rule 15, so that the total number of votes of all participants is 2,000 (subject to the provisions of Rule 14).                                                              

Rule 14 Allocation of votes for the purpose of calculating financial contributions            

Article 11 (a) After the entry into force of the Convention, the votes listed in the Annex for all Governments that have deposited their instruments of ratification, acceptance, approval or accession or notifications of provisional application will be summarized. If this total amount is:           (i) 2,000 votes or less, the votes of each participant will remain as indicated in the Annex; (ii) more than 2,000 votes, the votes of all participants will be proportionally reduced to 2,000 votes, taking into account the provisions of Rule 15.           The votes of the parties will thereafter remain unchanged until there is a further change in membership of the Convention or a redistribution of votes in accordance with paragraph (3) or paragraph (4) of Article 11. (b) After the entry into force of the Convention, (i) whenever any Government ceases to be by the side  At the Convention, the votes of the remaining participants will not increase and the total amount of their votes will then remain unchanged until further membership changes.;           (ii) whenever any Government becomes a party  At the Convention, his votes are added to the votes of other participants. If the new total amount is:           (a) 2,000 votes or less, the votes of the other participants will remain unchanged; (b) more than 2,000 votes, the votes of the other participants will be proportionally reduced so that the total votes of all participants will be 2,000 votes.                                                             

Rule 17                                 Council sessions: procedural issues            Article 13 (a) Meetings of the Council shall be held in private, except in cases where  The Council decides otherwise, and its discussions are considered confidential.           (b) The sessions of the Board shall normally be conducted in English, French, Russian and Spanish, and the Executive Director shall make all necessary arrangements for translation, if necessary.           (c) After the approval of the agenda by the Council, no changes may be made to it, except in cases where additional items are included, if such is the decision of the Council.           (d) During the discussion of any matter, any delegate may make a statement on a point of order. In this case, the Chairman immediately announces his decision. If any delegate speaks out against this decision, the Chairman immediately puts the matter to the participants of the meeting, and their decision remains in force until it is overturned.           (e) Only the delegate of the participating country participates in the discussions.  The Council or its Deputy, except in cases where there is permission from the Chairman.           (f) The Executive Director shall distribute a summary report on decisions and resolutions immediately after each session of the Council, unless the Council decides otherwise.                                                              

Rule 18                        Sessions of the Council: Credentials Committee            Article 13           At each session, the Council appoints a Credentials Committee, which examines the credentials of representatives and makes a report accordingly. In its report to the Council, the Credentials Committee states:           (a) any participant who has authorized another participant to exercise its right to vote at any meeting or meetings of the session in accordance with paragraph (8) of Article 12 of the Convention;           (b) any participant who is temporarily deprived of the right to vote because of his financial indebtedness in accordance with Article 21.                                                              

Rule 19                                         Council sessions: voting            Article 12 (a) If it becomes necessary to hold a vote during the session, the President shall immediately announce to the Council the distribution of votes between exporting and importing countries on the basis of a report.  The Credentials Committee, which takes into account the provisions of paragraph (9) of Article 12.           (b) The Council provides for the following voting procedure:           (i) Voting on all matters may, at the discretion of the Chairman, be carried out by show of hands, except in cases where, at the request of a delegate, a roll-call vote or a ballot is held. The results of such voting, including abstainers, votes for and against, shall be recorded in the minutes.;           (ii) A roll-call vote shall be conducted by the Executive Director, who, starting from the country designated by the Chairman, shall call the delegates of the countries they represent in English alphabetical order. Only a delegate of a member state of the Council or his deputy has the right to vote.;           (iii) in cases where the Chairman, the Vice-Chairman or the Interim Chairman act as Chairman at a meeting of the Council, the voting rights of the country they represent may be exercised, in the absence of another representative of that country, by a delegate from another exporting or importing country, as appropriate.                                                              

Rule 20 Executive Committee: Chairman            Article 15 (a) If the Chairman and Vice-Chairman are unable to attend a meeting of the Committee, the Committee shall elect a temporary Chairman for that meeting.           (b) The Chairman, the Vice-Chairman or the Interim Chairman  The members of the Committee shall perform their duties in accordance with the provisions on the Chairman of the Council set out in Rule 8, paragraphs (c), (e), (f) and (h), respectively.                                                              

Rule 21 Executive Committee: rules of procedure and records            Article 15 (a) Exporting and importing member countries of the Executive Committee shall give due consideration to the interests of all exporting and importing countries and to the effective implementation of the Convention.           (b) Meetings of the Executive Committee shall be held in accordance with the procedure provided for in Rule 17, paragraphs (a) to (e), inclusive, for meetings of the Council.           (c) (i) Within five working days, excluding the meeting, the Executive Director shall prepare preliminary summary records of all meetings of the Executive Committee and distribute them to the members of the Committee, unless otherwise approved by the Council or the Executive Committee. Any amendments that Committee members wish to make are submitted to the Executive Director within five working days from the date of distribution of the reports, not counting that day.           (ii) If no amendments are received, the reports are considered approved.           (iii) If amendments are received, the Executive Director shall include them in the reports and send the amended text to the members of the Committee. The amended reports are considered approved provided that no additional comments have been received within three working days from the date of their distribution, not counting that day.           (iv) As soon as the reports are approved, they are sent to the members  They are submitted to the next meeting of the Committee for final approval.                                                             

Rule 22 Executive Committee: voting            Article 15 (a) In the Executive Committee, the group of exporting countries and the group of importing countries have 100 votes each.           (b) At any meeting of the Executive Committee, the quorum shall be the presence of the member countries having a majority of the votes of the exporting and importing countries.           (c) Voting in the Executive Committee shall be conducted in accordance with the procedure provided for voting in the Council in paragraph (8) of Article 12 of the Convention and Rule 19.                                                              Rule 23                                           Committee on Market Conditions            Article 16 (a) Meetings of the Committee on Market Conditions shall be held in accordance with the procedure provided for meetings of the Council in paragraphs (a) to (e) of Rule 17. (b) When submitting a report or recommendation to the Council, or  

The Committee on Market Conditions indicates to the Executive Committee whether this report or recommendation has been adopted unanimously or not. The disagreement of any member of the Committee on Market Conditions is recorded in the minutes if he insists on it.      (c) The Executive Director may invite appropriate representatives to address meetings of the Committee on matters relevant to its work.      (d) Reports on the meetings of the Committee on Market Conditions are sent to the members of the Council.                                

Rule 24                Duties of the Executive Director       Article 17 The Executive Director shall comply with the directives of the Council, the Executive Committee and the Committee on Market Conditions and act in accordance with the duties assigned to him by the Convention and the Rules of Procedure.                                

Rule 25 Financial matters: budget

Article 21 (a) The financial year is considered to be the financial year from July 1 to June 30.           (b) For each financial year, the Council shall appoint a Finance Committee consisting of representatives of no more than ten Council members, including a representative of the country where the Council is located, who shall conduct a preliminary review of the Secretariat's budget proposals for the following financial year. At the request of the Council, the Committee may also hold meetings, advising it on other budgetary and financial matters.           (c) No later than 21 days and, if possible, 30 days before the start of the Council session at which the budget for the next financial year will be considered, the Executive Director shall send to the Council members a draft budget, which has been provisionally reviewed by the Finance Committee and subsequently approved by the Executive Committee. The draft budget is estimated in pounds sterling and includes:           (i) a statement of the status of estimated expenditures for the current financial year compared with budget appropriations and total contributions for that financial year;           (ii) a report on the status of estimated revenues and expenditures for the current financial year and an estimate of reserves at the end of this year; (iii) a report on unpaid contributions from countries; (iv) estimated expenditures for the next financial year compared with estimated expenditures for the current financial year; and (v) a report showing the number, and full-time staff positions.           (d) Country contributions for each financial year are calculated on the basis of the total amount of contributions approved by the Council, in proportion to the number of votes of countries, as indicated in the Annex, but they may be adjusted and redistributed in accordance with the provisions of Article 11 of the Convention, reflecting membership in the Convention at the time when the budget for that financial year was adopted.. Initial contributions from countries that have acceded to the Convention in accordance with the provisions of paragraph (2) of Article 27 of the Convention are set in proportion to the number of full months remaining in a given financial year from the date of approval of accession. Contributions are paid in pounds sterling.           (e) The budget approved by the Council authorizes the Executive Director to assume obligations and make expenditures for appropriate purposes, and it is provided that, with the approval of the Chairman  The Executive Director may exceed the estimated costs for any individual item, provided that the total costs do not exceed the total budget amount.                                                              

Rule 26 Financial matters: accounts (a) The Executive Director is responsible for account management  The Council and:                                (i) disposes of all funds received for depositing into an account or accounts opened in the name of the International Grain Council in a bank or banks approved by the Executive Committee or for investment, with the consent of the Executive Committee, and also withdraws money from an account or from accounts in a designated bank or banks on checks signed by two persons,  appointed by the Executive Committee; (ii) ensures that payments are made only on the basis of supporting documents; (iii) carries out internal controls involving effective ongoing verification or review of financial transactions in order to ensure that all funds and other funds of the Council are regularly received, disposed of and deposited, and ensures compliance with the budget or other financial appropriations approved Advice;           (iv) ensure that accounting books are maintained in such a way that all receipts and expenses are reflected in them, all fixed assets are recorded indicating their purchase and sale, purchase and use of other equipment and receipts, and inventory of available stocks of such equipment and receipts is carried out;           (v) after a thorough investigation, may authorize the write-off of losses of cash, inventory and other property, however, any action taken in accordance with this paragraph is subject to approval by the Executive Committee.           (b) The Executive Director may, with the approval of the Executive Committee, make such incentive payments as he deems necessary in the interests of the Council.           (c) After the end of each financial year, the Executive Director shall prepare, as soon as possible, a financial report consisting of the balance of receipts and payments for that financial year and submit them to the Board of Auditors for consideration, who shall subsequently submit a corresponding report.           (d) In each financial year, the Executive Director as soon as possible  

Sends to the members of the Board the financial report of the Board for the previous financial year with the attached audit report.                                

Rule 27                 Appointment of auditors and trustees       Article 21 (a) In the first financial year of the Convention, the Executive Committee  Appoints the auditors of the Council for the duration of the Convention as soon as possible.      (b) The Executive Committee appoints trustees from among the employees of the Savings and Pension Funds to fill any vacancy.                    Part III - Final provisions                               

Rule 28                             Joining

           Article 27 (a) If a country included in the Annex does not become a party to the Convention on July 1, 1995, but subsequently accedes in accordance with paragraph (2) of Article 27 of the Convention, its votes, for the purposes of Article 11, will be taken into account as indicated in the Annex, adjusted, if necessary, in accordance with with paragraphs (3) and (4) of Article 11.           (b) If a country not listed in the Annex accedes to the Convention and in accordance with paragraph (2) of Article 27, its votes for the purposes of Article 11 shall be determined, unless the Council decides otherwise, taking into account the share of the total grain trade of the acceding country in the total grain trade of all countries listed in the Annex, provided In this case, the calculations use the average trade data for the relevant period specified in paragraph (i) of Rule 13. In this context, the "trade" of this country includes imports from all countries and exports to all countries, including non-member countries.  Conventions.           (c) The conditions set out in Rule 15 regarding the votes of participants, after their redistribution, shall also apply to the votes of any country acceding in accordance with paragraph (2) of Article 27. (d) The Executive Committee is authorized to consider and make recommendations to the Council on all applications for accession in accordance with paragraph (2) of Article 27. Conventions. When considering such applications, the Executive Committee complies with the regulations binding on itself.  The Council, and carefully discusses in each individual case what conditions  

must be provided.      (e) A Government acceding to the Convention in accordance with the provisions of  According to Article 27 of the Convention, it is considered to have temporarily acceded to the Convention starting from the date of granting its request for accession and assumes rights and obligations, including the obligation to pay a contribution upon its determination.                                

Rule 29                            Extension of term       Articles 25 and 27

          The Executive Committee has the right to extend the deadline for the deposit of instruments of ratification, acceptance, approval or accession to the Convention.                    Understanding of an increase in the number of votes of individual Participating countries in accordance with Article 11 (1) If the number of votes of any participating country in accordance with Article 11 specified in the Annex to this Convention exceeds by more than 50% the number of votes held by that party as at 30 June 1994 in accordance with Article According to Article 11 of the 1986 Wheat Trade Convention, the assessment of the financial contributions of this participant in 1995/96 and in subsequent financial years will vary based on the following:           (i) The assessment of contributions for 1995/96 will be based on the number of votes, which is 50% (after rounding to the nearest integer)  exceed the number of votes available as of June 30, 1994, provided that the increase is at least one vote.;           (ii) the assessment of contributions for 1996/97 will be based on the number of votes, which is 50% (after rounding to the nearest integer)  (iii) the assessment of contributions for 1997/98 and subsequent financial years will be calculated in the same way as for 1996/97.           (2) If the assessment of contributions from any participating country in a financial year decreases in accordance with this understanding, the assessment of contributions applied to the remaining parties to the Convention in the financial year will be proportionally increased (subject to the provisions of Rule 15) so that the total assessment of contributions from all participants is equal to that which would be in the absence of any-or reductions in accordance with the present understanding.           (3) For all purposes, except for the assessment of financial contributions, the votes used by all participants in accordance with Article 11 shall be distributed in accordance with the Annex, subject to the provisions of Article 11.                                                                *     *     *

President    

Republic of Kazakhstan     

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