programs and projects.
Article 8
Withdrawal of members
8.1 Right to Withdraw. Any Member State may withdraw from the Indigenous Fund by giving written notification of its intention to the Chairman of the Board of Directors, who shall notify the General Secretariat of the United Nations Organization. The withdrawal shall take effect one year after the date of receipt of said notification.
8.2 Settlement or Accounts.
a) In the event of the withdrawal of a Member State, the Contributions made by such Member State to the Indigenous Fund shall not be returnable.
b) A Member State that withdraws from the Indigenous Fund shall remain liable in respect of sums owed to the Indigenous Fund and obligations assumed vis-a-vis the Fund prior to the date of termination of its membership.
Article 9
Termination of operations
9.1 Termination of Operations. The Indigenous Fund may terminate its operations by decision to that effect by the General Assembly, which shall appoint liquidators, determine the payment of debts and arrange the distribution of assets on a proportional basis among its Members.
Article 10
Juridical personality
10.1 Legal Status.
a) The Indigenous Fund shall have juridical personality and full capacity to:
i) enter into contracts;
ii) purchase and dispose of personal and real property;
iii) accept and grant loans and grants, give guarantees, purchase and sell securities, invest such funds as are not committed for its operations and perform all financial transactions necessary for the accomplishment of its purpose and functions;
iv) institute judicial or administrative proceedings and appear in court;
v) perform all other actions required for the performance of its functions and the accomplishment of the objectives of this Agreement.
b) The Indigenous Fund shall exercise these faculties in accordance with the legal requirements of the Member State in whose territory it is carrying out any operations and activities.
Article 11
Immunities, exemptions and privileges
11.1 Grant of Immunities. The Member States shall adopt, in accordance with their own legal systems, such measures as are necessary to confer upon the Indigenous Fund the immunities, exemptions and privileges required for the accomplishment of its objectives and the performance of its functions.
Article 12
12.1 Amendment of the Agreement. This Agreement may only be amended with the unanimous consent of the General Assembly, subject, when required, to ratification by the Member States.
Article 13
General provisions
13.1 Headquarters of the Fund. The Indigenous Fund shall have its headquarters in the city of La Paz, Bolivia.
13.2 Depositaries. Each Member State shall designate its Central Bank as depositary so that the Indigenous Fund may keep its available resources in the currency of that Member State and other assets of the institution. In the event that a Member State does not have a Central Bank, it shall designate, in agreement with the Indigenous Fund, some other institution far this purpose.
Article 14
Final provisions
14.1 Signature and Acceptance. This Agreement shall be deposited with the General Secretariat of the United Nations Organization, where it shall remain open to receive the signatures of the representatives of the Governments of the States of the region and of other States which wish to become Members of the Indigenous Fund.
14.2 Entry into Force. This Agreement shall enter into force when the ratification instrument has been deposited by at least three States of the region, in accordance with paragraph 14.1 of this article.
14.3 Denunciation. Any Member that has ratified this Agreement may denounce it by giving written notification to the Secretary-General of the United Nations Organization. Such denunciation shall not take effect until one year after the date of its registration.
14.4 Commencement of Operations.
a) The Secretary-General of the United Nations Organization shall convene the first session of the General Assembly of the Indigenous Fund as soon as this Agreement has entered into force pursuant to paragraph 14.2 of this article.
b) In its first session, the General Assembly shall take the necessary actions to appoint the members of the Board of Directors, pursuant to paragraph 3.3 (a) of article 3 of this Agreement, and to determine the date on which the Indigenous Fund shall commence its operations.
Article 15
Transitory provisions
15.1 Interim Committee. Once this Agreement has been signed by five States of the region, and without any obligations being generated for the States that have not ratified it, an Interim Committee with composition and functions similar to those described for the Board of Directors in paragraph 3.3 of article 3 of this Agreement shall be established.
15.2 Under the direction of the Interim Committee, there shall be established a Technical Secretariat, having the characteristics set forth in paragraph 4.1 of article 4 of this Agreement.
15.3 The activities of the Interim Committee and of the Technical Secretariat shall be financed with voluntary contributions from the States that have signed this Agreement, together with contributions from other States and entities, by means of technical cooperation and such other forms of assistance that the States or other entities can arrange with international organizations.
Done in the City of Madrid, Spain, in one single original dated the 24th day of July, 1992, in Spanish, Portuguese and English texts of equally validity.

Международное законодательство »
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