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July 30, 1969

MULTILATERAL

ASIAN COCONUT COMMUNITY

Agreement establishing the Community opened for signature 12 December 1968; Entered into force 30 July 1969, and for the Philippines 26 August 1969.

PREAMBLE

The Governments of Ceylon, India, Indonesia, Malaysia, Philippines, Singapore and Thailand, parties to this Agreement (hereinafter called the Contracting Parties),

Convinced that the present situation of and future outlook for the coconut industry necessitates their joining together and developing a well-planned programme of concerted action to solve their common problems and to enable them to obtain the benefits of economies of scale in the areas of production, marketing and research generally,

Recognizing that the formation of a regional organization among the developing Asian countries having a substantial interest in the production and marketing of coconut products is a necessary and effective instrument for implementation of the basic strategy oi phn harmonization and partial integration on a commodity basis for achieving accelerated development of their economies.

Believing that such a regional grouping is in accordance with the principle endorse by the United Nations Economic Commission for Asia and the Far East at its twenty-third and twenty-fourth sessions held in 1967 and 1968, respectively, the United Nations Economic and Social Council at its forty-third and forty-fifth sessions, and also by the United Nations Conference on Trade and Development at its first session in 1964 in General Principle Ten of its Final Act,

Realizing that the co-ordination of national efforts among the interested countries of the region that could be effected by such an organization would lead to greater economy of resources and would yield better and quicker results, and

Recognizing that such an organization would be of immense value in the mobilization of resources for promoting the coconut industry in the region and for ensuring its rapid development,

Have resolved to combine their efforts and have agreed as follows:

ARTICLE 1

ESTABLISHMENT OF THE COMMUNITY

There shall be established an organization to be known as the Asian Coconut Community (hereinafter called the Community), having the membership, functions and powers hereinafter prescribed.

ARTICLE 2

MEMBERSHIP

1. Initially the Community shall consist of the Contracting Parties only, or such number of them not being less than three which shall have ratified this Agreement as hereinafter provided.

2. Other developing countries which are States members oi the United Nations Economic Commission for Asia and the Far East may apply to become members of the Community and may become members on the unanimous decision of the then existing members of the Community and by accession to this Agreement.

ARTICLE 3

FUNCTIONS

The functions of the Community shall be to promote, co-ordinate and harmonize all activities of the coconut industry with a view to achieving the maximum economic development of the industry, and to these ends the Community hall:

(1) In the field of production, identify common problems and evolve common solutions by taking into account among other factors the experience of the member States;

(2) In the area of the processing industries, study and seek ways and means of improving the efficiency and diversification of those industries so as to maximize the utilization of their industrial potential;

(3) Carry out intensive investigation into the causes and consequences of wide fluctuation in the prices of coconut products and study suitable measures including stabilization of prices to minimize such fluctuation;

(4) Study the possibilities of enlarging the markets both among the countries of the region and elsewhere and to this end undertake market surveys and market research regarding coconut products;

(5) Study and seek ways and means of improving and establishing uniform standards for products of the coconut industry with a view not only to improving marketing but also to securing higher rewards to the producer for better quality production;

(6) Study and seek to evolve improved trade procedures and practices acceptable both to exporters and importers;

(7) Study the problem of both internal and external transport of the products of the coconut industry, including shipping facilities, and in particular the question of freight rates;

(8) Study and seek ways and means of removing trade restrictions adversely affecting the coconut industry, paying due consideration to thebalance of payments and other problems of the developing countries;

(9) Study and seek ways and means of promoting the development of bilateral or multilateral exchanges of goods or other payment arrangements among the countries of the ECAFE region with the object of facilitating the marketing of coconut products within the region;

(10) Assist member States to intensify their own research activities by mobilizing both internal and external resources and technical assistance and by promoting the co-ordination of the research activities of member States, and undertake intensive research into all aspects of the coconut industry, seeking the help of national and international organizations;

(11) Evolve training programmes for the training of appropriate personnel to meet the varying needs of the coconut industry;

(12) Make requests on behalf of member States for financial and other forms of assistance in support of coconut industry projects and studies;

(13) Receive and administer such financial and other assistance as may be offered to the Community under the various assistance programmes of the United Nations and its specialized agencies or which may be offered from other sources;

(14) Perform such other functions as it may consider necessary to secure the maximum economic development of the coconut industry; and

(15) For the purpose of furthering the performance of its functions and accomplishing the aims and objectives of the Community, submit proposals and make recommendations to the Governments of member States and take appropriate measures to implement those proposals and recommendations which are approved by the Governments of member States.

ARTICLE 4

RELATIONSHIP WITH UNITED NATIONS ORGANIZATIONS

The Community shall maintain close relations with United Nations bodies and the specialized agencies. In carrying out its functions in any particular field the Community shall seek to consult and co-operate with the United Nations body or specialized agency having particular responsibility in that field.

ARTICLE 5

ORGANIZATION

1. Each member State shall be represented in the Community by one representative with plenipotentiary authority and may if it so desires also appoint one or more alternates. A member State may also designate one or more advisers to accompany its representative or alternate.

2. The chairmanship of the Community shall be held in turn by the representatives of member States in the alphabetical order of the member States.

Each representative shall hold office for one year.

3. The Community shall be serviced by a secretariat comprised of a Director and such other staff as the Community may decide. The Director shall be selected and appointed by the Community to hold office for a term of five years on terms and conditions established by the Community. The Director shall appoint such other staff as are decided on by the Community on terms and conditions established by the Community. The secretariat of the Community will work in close co-operation with the secretariat of the United Nations Economic Commission for Asia and the Far East.

4. The Community shall submit reports on its activities not less than once a year to the Governments of member States.

ARTICLE 6

MEETINGS OF THE COMMUNITY

1. Subject to the provisions of this Agreement, the Community shall adopt its own rules of procedure.

2. The Community shall meet as often as the Director considers necessary but in any case not less than twice in each calendar year. In addition the Community shall meet if a request to that effect is made in writing to the Director by any two members of the Community. The Director shall be responsible for convening all meetings of the Community.

3. Decisions of the Community shall be unanimous among members present and voting.

ARTICLE 7

OBSERVERS

The Community may invite representatives of Governments of non-member States and of United Nations bodies and specialized agencies to attend meetings of the Community in the capacity of observers without the right to vote.

ARTICLE 8

FINANCE

The administrative and operational expenses of the Community shall be met by contributions from member States assessed in accordance with decisions made by the Community.

ARTICLE 9

GENERAL PROVISIONS

1. Subject to the provisions of the Agreement the Community shall adopt such regulations, including financial and staff regulations, as are necessary to carry out the provisions of this Agreement,

2. The Community shall be a separate legal entity with the capacity to contract and the right to acquire, hold and dispose of property.

ARTICLE 10

SIGNATURE

The original of this Agreement in a single copy in the English language shall remain open for signature, by the duly accredited representatives of the Contracting Parties, at the United Nations Economic Commission for Asia and the Far East at Bangkok until 30 June 1969. The Agreement shall thereafter be transmitted to the Secretary-General of the United Nations.

ARTICLE 11

RATIFICATION

This Agreement shall be subject to ratification or acceptance by the signatory Governments in accordance with their respective constitutional procedures.

Instruments of ratification or acceptance shall be deposited with the Secretary-General of the United Nations not later than 31 December 1969.

ARTICLE 12

ENTRY INTO FORCE

This Agreement shall enter into force between those Contracting Parties which have deposited instruments of ratification or acceptance when not less than three of them have deposited such instruments.

ARTICLE 13

ACCESSION

Other States members of ECAFE may accede to this Agreement in accordance with the provisions of article 2(2),

ARTICLE 14

VOLUNTARY WITHDRAWAL

After this Agreement has entered into force a member State may withdraw voluntarily from the Agreement by giving written notice of withdrawal to the Secretary-General of the United Nations. Withdrawal shall become effective ninety days after the notice is received.

ARTICLE 15

AMENDMENT

The Community may by a unanimous vote of the members present and voting amend the provisions of this Agreement. The Secretary-General of the United Nations shall be notified forthwith of any such amendment.

ARTICLE 16

NOTIFICATIONS BY THE SECRETARY-GENERAL OF THE UNITED NATIONS

The Secretary-General of the United Nations shall notify the Contracting Parties of each deposit of an instrument of ratification, acceptance or accession and of the date on which this Agreement enters into force.

In witness whereof the undersigned, having been duly authorized to this effect by their respective Governments, have signed this Agreement on the dates appearing opposite their signatures.

The original of this Agreement and any amendments thereto shall be deposited in the archives of the United Nations and the Secretary-General of the United Nations shall transmit certified copies thereof to each signatory and acceding Government.