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SCAR BULLETIN, No. 151, October 2003
Measure 1 (2003)
Secretariat of the Antarctic Treaty
The Representatives,
Recalling the Antarctic Treaty and the Protocol on Environmental
Protection to the Antarctic Treaty (the Protocol);
Recognizing the need for a secretariat to assist the Antarctic
Treaty Consultative Meeting (the ATCM) and the Committee for Environmental
Protection (the CEP) in performing their functions;
Recalling Decision 1 (2001) of the XXIV ATCM on the establishment
of the Secretariat of the Antarctic Treaty (the Secretariat) in Buenos Aires,
Argentina;
Recommend to their Governments the following Measure for approval
in accordance with paragraph 4 of Article IX of the Antarctic Treaty:
ARTICLE 1 Secretariat
The Secretariat shall constitute an organ of the ATCM. As such it shall be subordinated to the ATCM.
ARTICLE 2 Functions
1. The Secretariat shall perform those functions in support of the ATCM and the CEP which are entrusted to it by the ATCM.
ARTICLE 3 Executive Secretary
1. The Secretariat shall be
headed by an Executive Secretary who shall be appointed by the ATCM from among
candidates
who are nationals
of Consultative
Parties. The procedure for the selection of the Executive
Secretary shall be determined by a Decision of the ATCM.
ARTICLE 4 Budget
1. The Secretariat shall operate in a cost-effective
manner.
2. The budget of the Secretariat shall be approved by the
Representatives of all Consultative Parties present at the ATCM.
3. Each Consultative Party shall contribute to the budget
of the Secretariat. One half of the budget shall be contributed equally
by
all
Consultative
Parties. The other half of the budget shall be contributed
by the Consultative Parties based on the extent of their national Antarctic
activities.
ARTICLE 5 Legal capacity and privileges and immunities
1.
The legal capacity of the Secretariat as an organ of the ATCM as well as its
privileges and immunities and those of the Executive Secretary and
other staff members in the territory of the Argentine Republic shall
be provided for in the Headquarters Agreement for the Secretariat of the Antarctic
Treaty
(the Headquarters Agreement) hereby adopted and annexed to this Measure,
to be concluded between the ATCM and the Argentine Republic.
Annex
HEADQUARTERS AGREEMENT FOR THE SECRETARIAT OF THE ANTARCTIC
TREATY
The Antarctic Treaty Consultative Meeting (ATCM) and
the Argentine Republic,
Convinced of the need to strengthen the Antarctic Treaty
system;
Bearing in mind the special legal and political status
of Antarctica and the special responsibility of the Antarctic Treaty
Consultative Parties to ensure that all activities in Antarctica are
consistent with the purposes and principles of the Antarctic Treaty
and its Protocol on Environmental Protection;
Having regard to Decision 1 (2001) of the XXIV ATCM and
Measure 1 (2003) of the XXVI ATCM on the Secretariat of the Antarctic
Treaty in Buenos Aires, Argentina;
Desiring to enable the Secretariat as an organ of the
ATCM fully and efficiently to fulfil its purposes and functions; and
Desiring to define the legal capacity of the Secretariat
as an organ of the ATCM as well as its privileges and immunities and
those of the Executive Secretary and other staff members in the territory
of the Argentine Republic;
Have agreed as follows:
| Article 1 | Definitions |
| Article 2 | Legal capacity |
| Article 3 | Headquarters |
| Article 4 | Immunities |
| Article 5 | Objective and waiver of privileges and immunities |
| Article 6 | Archives |
| Article 7 | The Treaty flag and emblem |
| Article 8 | Exemption from direct taxes |
| Article 9 | Exemption from customs and excise duties and value added tax |
| Article 10 | Exemption from restrictions and prohibitions |
| Article 11 | Re-sale |
| Article 12 | Currency and exchange |
| Article 13 | Communications |
| Article 14 | Publications |
| Article 15 | Privileges and immunities of delegates |
| Article 16 | Executive Secretary |
| Article 17 | Staff members |
| Article 18 | Experts |
| Article 19 | Visas |
| Article 20 | Cooperation |
| Article 21 | Notification of appointments, identity cards |
| Article 22 | Consultation |
| Article 23 | Amendment |
| Article 24 | Settlement of disputes |
| Article 25 | Entry into force and termination |
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