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Art.5 |
Article 5 |
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Art.5.1 |
1. A Task Force is hereby established to be known as the Task Force for Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora. |
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Art.5.2 |
2. The Task Force shall be composed of a Director, Field Officers and an Intelligence Officer and such other staff as may be decided by the Governing Council. |
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Art.5.3 |
3. The Task Force shall include at least one Field Officer seconded by each Party and approved by the Governing Council. Each Field Officer shall be appointed to serve for a term of three years, or such other term as may be determined by the Governing Council. Upon the recommendation of the Director made in consultation with the Party concerned, the Governing Council may shorten or increase the term of other Field Officers. |
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Art.5.4 |
4. The Director shall be appointed by the Governing Council from among the Field Officers. |
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Art.5.5 |
5. The Director and other Field Officers shall retain their national law enforcement authority during their time of service with the Task Force. |
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Art.5.6 |
6. The appointment of the Director, other Field Officers and the Intelligence Officer, as well as their terms of service, shall be decided in accordance with rules established by the Governing Council. The terms and conditions of service of other support staff as deemed necessary for the functioning of the Task Force shall also be decided by the Governing Council. |
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Art.5.7 |
7. The Director shall be the Chief Executive Officer of the Task Force and shall be accountable to the Governing Council and responsible for: |
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Art.5.7.a |
(a) appointing other support staff as deemed necessary for the functioning of the Task Force; |
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Art.5.7.b |
(b) commanding and coordinating the work of the Task Force; |
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Art.5.7.c |
(c) preparing budgets annually or as required by the Governing Council; |
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Art.5.7.d |
(d) implementing policies and decisions agreed by the Governing Council; |
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Art.5.7.e |
(e) providing reports annually and as required by the Governing Council; |
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Art.5.7.f |
(f) arranging for and servicing meetings of the Governing Council; and |
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Art.5.7.g |
(g) performing such other functions as may be determined by the Governing Council. |
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Art.5.8 |
8. The Task Force shall possess international legal personality. It shall have in the territory of each Party the legal capacity required for the performance of its functions under this Agreement. The Task Force shall in the exercise of its legal personality be represented by the Director. |
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Art.5.9 |
9. The functions of the Task Force shall be: |
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Art.5.9.a |
(a) to facilitate co-operative activities among the National Bureaus in carrying out investigations pertaining to illegal trade; |
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Art.5.9.b |
(b) to investigate violations of national laws pertaining to illegal trade, at the request of the National Bureaus or with the consent of the Parties concerned, and to present to them evidence gathered during such investigations; |
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Art.5.9.c |
(c) to collect, process and disseminate information on activities that pertain to illegal trade, including establishing and maintaining databases; |
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Art.5.9.d |
(d) to provide, upon request of the Parties concerned, available information related to the return to the country of original export, or country of re-export, of confiscated wild fauna and flora; and |
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Art.5.9.e |
(e) to perform such other functions as may be determined by the Governing Council. |
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Art.5.10 |
10. In carrying out its functions, the Task Force, when necessary and appropriate, may use undercover operations, subject to the consent of the Parties concerned and under conditions agreed with the said Parties. |
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Art.5.11 |
11. For the purposes of paragraph 9 of this Article, the Director, other Field Officers and the Intelligence Officer of the Task Force shall enjoy, in connection with their official duties and strictly within the limits of their official capacities, the following privileges and immunities: |
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Art.5.11.a |
(a) immunity from arrest, detention, search and seizure, and legal process of any kind in respect of words spoken or written and all acts performed by them; they shall continue to be so immune after the completion of their functions as officials of the Task Force; |
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Art.5.11.b |
(b) inviolability of all official papers, documents and equipment; |
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Art.5.11.c |
(c) exemption from all visa requirements and entry restrictions; |
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Art.5.11.d |
(d) protection of free communication to and from the headquarters of the Task Force; |
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Art.5.11.e |
(e) exemption from currency or exchange restrictions as is accorded representatives of foreign governments on temporary official missions; and |
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Art.5.11.f |
(f) such other privileges and immunities as may be determined by the Governing Council. |
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Art.5.12 |
12. Privileges and immunities are granted to the Director, other Field Officers and the Intelligence Officer in the interests of the Task Force and not for the personal benefit of the individuals themselves. The Governing Council shall have the right and the duty to waive the immunity of any official in any case where, in the opinion of the Governing Council, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Task Force. |
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Art.5.13 |
13. The Task Force shall not undertake or be involved in any intervention, or activities of a political, military, religious or racial character. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. A Governing Council consisting of the Parties to this Agreement is hereby established to be known as the Governing Council for Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora. |
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Art.7.2 |
2. Each Party shall send a delegation to the meetings of the Governing Council and shall be represented on the Governing Council by a Minister or alternate who shall be the head of the delegation. Because of the technical nature of the Task Force, Parties should endeavour to include the following in their delegations: |
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Art.7.2.a |
(a) high ranking officials dealing with wildlife law enforcement affairs; |
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Art.7.2.b |
(b) officials whose normal duties are connected with the activities of the Task Force; and |
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Art.7.2.c |
(c) specialists in the subjects on the agenda. |
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Art.7.3 |
3. The first meeting of the Governing Council shall be convened by the Executive Director of the United Nations Environment Programme not later than three months after the entry into force of this Agreement. Thereafter, ordinary meetings of the Governing Council shall be held at regular intervals to be determined by the Council at its first meeting. |
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Art.7.4 |
4. Meetings of the Governing Council will normally be held at the Seat of the Task Force unless the Council decides otherwise. |
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Art.7.5 |
5. Extraordinary meetings of the Governing Council shall be held at such times as may be determined by the Council, or at the written request of any Party, provided that such request is supported by at least one third of the Parties within two months of the request being communicated to them by the Director of the Task Force. |
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Art.7.6 |
6. At its first meeting, the Governing Council shall: |
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Art.7.6.a |
(a) by consensus elect its Chairperson and adopt rules of procedure, including decision-making procedures, which may include specified majorities required for adoption of particular decisions; |
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Art.7.6.b |
(b) decide the Seat of the Task Force; |
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Art.7.6.c |
(c) consider and approve the appointment of the Director, other Field Officers and the Intelligence Officer and decide upon their terms and conditions of service as well as the terms and conditions of service of the supporting staff; |
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Art.7.6.d |
(d) adopt terms of reference and financial and administrative rules of the Task Force; and |
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Art.7.6.e |
(e) consider and approve an initial budget to establish and operate the Task Force and agree upon the contributions of each Party to the budget. |
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Art.7.7 |
7. At ordinary meetings the Governing Council shall approve a budget for the Task Force and agree upon the contributions of each Party to the budget. |
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Art.7.8 |
8. The Governing Council shall determine the general policies of the Task Force and, for this purpose, shall: |
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Art.7.8.a |
(a) consider the reports submitted by the Director; and |
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Art.7.8.b |
(b) upon expiry, termination or renewal of their terms of service, consider and approve the appointment of the Director, other Field Officers and the Intelligence Officer. |
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Art.7.9 |
9. The Governing Council shall: |
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Art.7.9.a |
(a) keep under review the implementation of this Agreement; |
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Art.7.9.b |
(b) consider and undertake any additional action that may be deemed necessary for the achievement of the objective of this Agreement in the light of experience gained in its operation; and |
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Art.7.9.c |
(c) consider and adopt, as required, in accordance with Article 11, amendments to this Agreement. |
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Art.9 |
Article 9 |
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Art.9.1 |
1. The Seat of the Task Force shall be determined by the Governing Council pursuant to an offer made by a Party. |
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Art.9.2 |
2. The Government of the Party in whose territory the Seat of the Task Force shall be located and the Director acting on behalf of the Task Force shall conclude a headquarters agreement relating to the legal capacity of the Task Force and the privileges and immunities of the Task Force, Director, other Field Officers and the Intelligence Officer, which privileges and immunities shall not be less than those accorded to diplomatic missions and their personnel in the host country, and including those privileges and immunities stipulated in paragraph 11 of Article 5. |
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Art.9.3 |
3. The Government aforementioned shall assist the Task Force in the acquisition of affordable accommodation for its use. |
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Art.10 |
Article 10 |
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Art.10.1 |
1. Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation, conciliation or other peaceful means may be referred by any Party thereto to the Governing Council. |
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Art.10.2 |
2. Where the Parties fail to settle the dispute the matter shall be submitted to an arbitral body. |
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Art.10.3 |
3. The Parties to the dispute shall appoint one arbitrator each; the arbitrators so appointed shall designate, by mutual consent, a neutral arbitrator as Chairperson who shall not be a national of any of the Parties to the dispute. |
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Art.10.4 |
4. If any of the Parties does not appoint an arbitrator within three months of the appointment of the first arbitrator, or if the Chairperson has not been designated within three months of the matter being referred to arbitration, the Chairperson of the Governing Council shall designate the arbitrator or the Chairperson or both, as the case may be, within a further period of three months. |
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Art.10.5 |
5. The arbitral body shall have jurisdiction to hear and determine any matter arising from a dispute. |
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Art.10.6 |
6. The arbitral body shall determine its own rules of procedure. |
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Art.10.7 |
7. The Parties to the dispute shall be bound by the arbitral decision. |
