AGREEMENT ESTABLISHING
THE SOUTHEAST ASIA TIN RESEARCH AND DEVELOPMENT CENTRE
PREAMBLE
THE GOVERNMENTS OF TIN-PRODUCING COUNTRIES OF SOUTHEAST ASIA, SIGNATORIES TO THIS AGREEMENT,
RECOGNIZING t he role of t in as a maj or source of t heir income, which t hey shoul d develop and saf eguard in such a way as t o provide t hem wit h t he great est legit imat e benef it s,
AWARE t hat t in as a mineral resource is a wast ing asset which must be conserved and ut ilized wisely,
CONVINCED t hat t he present sit uat ion of and f ut ure out look f or t in necessit at e t heir j oining t oget her t o solve t heir common problems and t o obt ain t he benef it s of co-operat ion in t he areas of explorat ion, development and product ion,
CONVINCED FURTHERMORE t hat t he f ormat ion of an organizat ion among t he t in-producing count ries of Sout heast Asia woul d provide a necessary and ef f ect ive inst rument f or implement at ion of t he basic st rat egy of pl an harmonizat ion and co-operat ion on a commodit y basis f or achieving t he accelerat ed development of t heir economies,
RECALLING t he recognit ion by t he Second Technical Conf erence on Tin, held at Bangkok in November 1969, of t he need f or t he est ablishment of a t in research and devel opment cent re f or Sout heast Asia and t hat st eps had subsequent ly been t aken by t he secret ariat of t he t hen Unit ed Nat ions Economic Commission f or Asia and t he Far East (ECAFE) t owards it s realizat ion, in response t o t he request s made by t he Government s of Indonesia, Malaysia and Thailand,
BELIEVING t hat such a grouping is in accordance wit h t he principle endorsed by ECAFE at it s t went y-t hird and t went y-f ourt h sessions hel d in 1967 and 1968, by t he Unit ed Nat ions Economic and Social Council at it s f ort y-t hird and f ort y-f if t h sessions, by t he Unit ed Nat ions Conf erence on Trade and Development in General Principle Ten of t he Final Act of it s f irst session in 1964: and by t he declarat ion of t he Unit ed Nat ions General Assembly at it s 1883rd plenary meet ings on an int ernat ional development st rat egy f or t he Second Development Decade,
REALIZING t hat t he co-ordinat ion of nat ional ef f ort s among t he t in-producing count ries t hat could be ef f ect ed by such an organizat ion would lead t o bet t er ut ilizat ion of resources f or improving t he t in economy and promot ing it s rapid development ,
AS A CONTRIBUTION t o t he development and prosperit y of t he t in indust ry of Sout heast Asia and of t he world, and
IN EXPECTATION of achieving close and f ruit f ul co-operat ion among t hemselves in such f ields,
HAVE RESOLVED t o combine t heir ef f ort s and have agreed upon t he f ollowing:
Art icle 1
ESTABLISHMENT OF THE CENTRE
(a) There shall be est ablished in accordance wit h t his Agreement an organizat ion t o be known as t he Sout heast Asia Tin Research and Devel opment Cent re hereinaf t er ref erred t o as "t he Cent re".
(b) The Cent re shall be sit ed in Mal aysia.
(c) The Cent re shall have legal personalit y and t he capacit y t o exercise in t he t errit ory of each and every member count ry all t he powers and right s arising f rom t hat legal personalit y including t he power t o acquire, hold and dispose of propert y, and ent er int o cont ract s.
Art icle 2
PURPOSE AND POWERS
The principal aim of t he Cent re shall be t o promot e, co-ordinat e and harmonize all act ivit ies relat ing t o t he development of t he t in indust ry in t he member count ries wit h a view t o achieving t he f ollowing part icular obj ect ives:
(a) To st imulat e, conduct and co-ordinat e research in t he t in indust ry on t echnical and economic aspect s of explorat ion, evaluat ion, development , and smelt ing;
(b) To conduct st udies on problems associat ed wit h t he benef iciat ion of t in ores and complex ores cont aining signif icant percent ages of f ine-grained t in-bearing minerals;
(c) To collect , collat e and publish st at ist ics and dat a of import ance f or t he cont inued prosperit y of t he t in-mining indust ry;
(d) To increase t he t echnological knowledge wit hin t he indust ry by est ablishing t raining courses [ and] promot ing lect ures, symposia on t he j ob and ot her means of t raining and development f or cit izens of member count ries;
(e) To provide advisory services, and t o carry out , commission, or promot e t he st udy of scient if ic, t echnological and economic aspect s of development of t he t in indust ry;
(f ) To provide a f orum f or t he exchange of knowledge and discussion of problems rel at ing t o all aspect s of t he t in indust ry;
(g) To engage in any undert aking, conduct any act , or do all such ot her t hings as may appear desirable, incident al or conducive t o t he at t ainment of t he above obj ect ives.
Art icle 3 MEMBERSHIP
(a) The f ounding members of t he Cent re shall be t he signat ories t o t his Agreement .
(b) Ot her t in-producing count ries may j oin t he Cent re upon t he unanimous approval of t he exist ing members of t he Cent re and by accession t o t his Agreement . Inst rument s of accession shall be deposit ed wit h t he Secret ary-General of t he Unit ed Nat ions.
Art icle 4
MANAGEMENT OF THE CENTRE
(a) The Cent re shall carry out it s f unct ions and responsibilit ies t hrough a Board of Management , hereinaf t er ref erred t o as "t he Board".
(b) The Board shall, subj ect t o t he provisions of t his Agreement , be t he supreme aut horit y of t he Cent re, responsible f or drawing up it s general policy, direct ing it s act ivit ies, and laying down t he rules governing it .
(c) Each member count ry shall be represent ed on t he Board by one represent at ive wit h plenipot ent iary aut horit y, who may be accompanied by a number of aides.
(d) The Cent re shall have a Direct or, who shall be responsible t o t he Board f or t he implement at ion of it s direct ives.
(e) The Board shall elect a Chairman who shal l be rot at ed on an annual basis; t he Chairman may hold of f ice f or consecut ive t erms if so request ed by t he Board.
(f ) Subj ect t o t he provisions of t his Agreement , t he Board shall draf t a const it ut ion f or t he Cent re and shall adopt it s own rules of procedure in accordance wit h general pract ice.
Art icle 5
RELATIONSHIP WITH UNITED NATIONS AND OTHER ORGANIZATIONS
The Cent re shall maint ain close relat ions wit h t he organs of t he Unit ed Nat ions and it s specialized agencies. In carrying out it s f unct ions in any part icular f ield t he Cent re may consult , co-operat e wit h and seek assist ance f rom t he Unit ed Nat ions organs or it s specialized agencies, or ot her organizat ions having part icular responsibilit y or int erest in t hat f ield.
Art icle 6
GENERAL PROVISIONS
(a) Subj ect t o t he provisions of t his Agreement t he Cent re shall adopt such regulat ions, including f inancial and st af f regul at ions, as are necessary t o carry out t he purposes of t his Agreement .
(b) Pending t he est ablishment of it s own secret ariat , t he Cent re may request t he Execut ive Secret ary of t he Unit ed Nat ions Economic and Social Commission f or Asia and t he Pacif ic and/ or t he Government of Malaysia as host count ry t o provide secret ariat assist ance t o service t he Cent re.
Art icle 7
SIGNATURE AND RATIFICATION
(a) The original of t his Agreement in a single copy in t he English language shall remain open f or signat ure, by t he duly accredit ed represent at ives of t he f ounding members, at t he Unit ed Nat ions Economic and Social Commission f or Asia and t he Pacif ic in Bangkok unt il 30 April 1977. This Agreement shall t hereaf t er be t ransmit t ed t o t he Secret ary-General of t he Unit ed Nat ions.
(b) This Agreement shall be subj ect t o rat if icat ion or accept ance by t he signat ory Government s in accordance wit h t heir respect ive const it ut ional procedures.
(c) Inst rument s of rat if icat ion shall be lodged wit h t he Secret ary-General of t he Unit ed Nat ions not lat er t han 31 July 1977.
Art icle 8 ENTRY INTO FORCE
This Agreement shall ent er int o f orce on t he t hirt iet h day f ollowing t he deposit of t he t hird inst rument of rat if icat ion wit h t he Secret ary-General of t he Unit ed Nat ions.
Art icle 9
VOLUNTARY WITHDRAWAL
Af t er t his Agreement has ent ered int o f orce a member count ry may wit hdraw volunt aril y f rom t he Agreement by giving writ t en not ice t hereof simult aneously t o t he Cent re and t he Secret ary-General of t he Unit ed Nat ions. Wit hdrawal shall become ef f ect ive ninet y days af t er t he not ice is received by t he Secret ary-General of t he Unit ed Nat ions.
Art icle 10 AMENDMENT
The Cent re may, by unanimous vot e of all t he members, amend t he provisions of t his Agreement . The Secret ary-General of t he Unit ed Nat ions shall be not if ied f ort hwit h of any such amendment .
Art icle 11
SAFEKEEPING OF ORIGINAL AGREEMENT AND OTHER DOCUMENTS
(a) The original of t his Agreement and any amendment s t heret o and t he inst rument of rat if icat ion, accept ance or accession shall be deposit ed in t he archives of t he Unit ed Nat ions, and t he Secret ary-General of t he Unit ed Nat ions shall t ransmit cert if ied copies t hereof t o each signat ory and acceding Government .
IN WITNESS WHEREOF, t he undersigned, duly aut horized by t heir respect ive Government s, have signed t his Agreement at Bangkok, Thailand, on t he dat es appearing opposit e t heir signat ures.
Signed Dat e: 28 April 1977
On behalf of t he Government of Indonesia
Signed Dat e: 28 April 1977
On behalf of t he Government of Mal aysia
Signed Dat e: 28 April 1977
On behalf of t he Government of Thailand
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