Zunris The Depositary shall, without delay, notify the applicant State as well as the Member States accordingly. The merits of the case shall not be subject to review. Article 32 Limitation — enforcement 1. Article 33 Competence 1. The functioning of the Organisation shall be ensured by the following organs:.
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The Secretary General shall assume the functions of Secretariat of the Organisation. The Secretary General shall be elected by the General Assembly for a period of three years, renewable twice at most. The Secretary General may, on his own initiative, present proposals aiming to modify the Convention. Article 23 Bulletin 1. The Organisation shall publish a bulletin which shall contain official communications as well as others necessary or useful with respect to the application of the Convention.
The communications for which the Secretary General is responsible under the Convention may, if necessary, be made in the form of a publication in the Bulletin. Article 24 Lists of lines or services 1.
The maritime and inland waterway services referred to in Article 1 of the CIV Uniform Rules and of the CIM Uniform Rules, on which carriage is performed in addition to carriage by rail subject to a single contract of carriage, shall be included in two lists: a the CIV list of maritime and inland waterway services, b the CIM list of maritime and inland waterway services. The Secretary General shall notify all Member States of the inclusion or deletion of a line or a service.
Such a service or line shall cease to be subject to the provisions of the Convention on the expiration of three months running from the date of the notification of the deletion by the Secretary General, save in respect of carriage underway which must be finished. The work programme, budget and accounts of the Organisation shall cover a period of two calendar years.
The Organisation shall publish a management report at least every two years. The total amount of expenditure of the Organisation shall be fixed, for each budgetary period, by the Administrative Committee on a proposal by the Secretary General. Article 26 Financing the expenditure 1. However, maritime and inland waterway services shall count only in respect of one-half of the length of their routes. Each Member State shall meet at least 0.
The contributions of the Member States to the expenditure of the Organisation shall be due in the form of a treasury advance payable in two instalments at the latest by the 31 October of each of the two years covered by the budget. The treasury advance shall be fixed on the basis of the definitive contributions for the two preceding years. When sending the management report and statement of accounts to the Member States, the Secretary General shall notify the definitive amount of the contribution for the two previous calendar years as well as the amount of the treasury advance in respect of the two calendar years to come.
If, one year after that date, a Member State has not paid its contribution, its right to vote shall be suspended until it has fulfilled its obligation to pay. On expiry of a further period of two years, the General Assembly shall consider whether the attitude of that State should be regarded as a tacit denunciation of the Convention and, where necessary, shall determine the effective date thereof.
Sums not recovered shall be made good out of the resources of the Organisation. A Member State which has denounced the Convention may become a Member State again by accession, provided that it has paid the sums which it owes. Article 27 Auditing of accounts 1.
The Auditor shall audit the accounts of the Organisation, including all the trust funds and special accounts, as he considers necessary in order to ensure: a that the financial statements are in conformity with the ledgers and accounts of the Organisation; b that the financial transactions which the statements account for have been carried out in conformity with the rules and regulations, budgetary provisions and other directives of the Organisation; c that effects and cash held at banks or in the cash box have either been audited by reference to certificates received directly from the depositaries, or actually counted; d that the internal checks, including the internal audit of the accounts, are adequate; e that all assets and liabilities as well as all surpluses and deficits have been posted according to procedures that he considers satisfactory.
Only the Auditor shall be competent to accept in whole or in part certificates and supporting documents furnished by the Secretary General. If he considers it appropriate, he may undertake an examination and detailed audit of any accounting record relating either to financial transactions or to supplies and equipment. The Auditor shall have unrestricted access, at any time, to all ledgers, accounts, accounting documents and other information which he considers needful. The Auditor shall not be competent to reject such and such a heading of the accounts, but he shall immediately draw to the attention of the Secretary General any transaction of which the regularity or appropriateness appears to him to be questionable, so that the latter may take the requisite measures.
My examination consisted of a general analysis of the accounting methods and the checking of the accounting records and other evidence which I judged necessary in the circumstances. In addition, the report may mention transactions which have been posted in the course of an earlier budgetary period and about which new information has been obtained or transactions which are to be carried out in the course of a later financial period and about which it seems desirable to inform the Administrative Committee in advance.
The Auditor must on no account include criticisms in his report without first affording the Secretary General an opportunity of giving an explanation. The Auditor shall inform the Administrative Committee and the Secretary General of the findings of the audit. He may, in addition, submit any comments that he considers appropriate about the financial report of the Secretary General. Where the Auditor has carried out a summary audit or has not obtained adequate supporting documents, he must mention the fact in his certificate and his report, specifying the reasons for his observations as well as the consequences which result therefrom for the financial position and the posted financial transactions.
Title V - Arbitration Competence 1. Disputes between Member States arising from the interpretation or application of the Convention, as well as disputes between Member States and the Organisation arising from the interpretation or application of the Protocol on Privileges and Immunities may, at the request of one of the parties, be referred to an Arbitration Tribunal.
The parties shall freely determine the composition of the Arbitration Tribunal and the arbitration procedure. Articles 29 to 32 shall apply to the composition of the Arbitration Tribunal and the arbitration procedure. This withdrawal shall take effect one month after the date on which the Depositary notifies it to the Member States. Article 29 Agreement to refer to arbitration Registrar The Parties shall conclude an agreement to refer to arbitration, which shall, in particular, specify: a.
The agreement to refer to arbitration must be communicated to the Secretary General who shall act as Registrar. Article 30 Arbitrators 1. A panel of arbitrators shall be established and kept up to date by the Secretary General. Each Member State may nominate two of its nationals to the panel of arbitrators. The Arbitration Tribunal shall be composed of one, three or five arbitrators in accordance with the agreement to refer to arbitration.
Nevertheless, if the agreement to refer to arbitration provides for five arbitrators, each of the parties may select one arbitrator who is not on the panel. If the agreement to refer to arbitration provides for a sole arbitrator, he shall be selected by mutual agreement between the parties. If the agreement to refer to arbitration provides for three or five arbitrators, each party shall select one or two arbitrators as the case may be; these, by mutual agreement, shall appoint the third or fifth arbitrator, who shall be President of the Arbitration Tribunal.
If the parties cannot agree on the selection of a sole arbitrator, or the selected arbitrators cannot agree on the appointment of a third or fifth arbitrator, the appointment shall be made by the Secretary General.
The sole arbitrator, or the third or fifth arbitrator, must be of a nationality other than that of either party, unless both are of the same nationality. The intervention of a third party in the dispute shall not affect the composition of the Arbitration Tribunal.
Article 31 Procedure - costs 1. The Arbitration Tribunal shall decide the procedure to be followed having regard in particular to the following provisions: a it shall enquire into and determine cases on the basis of the evidence submitted by the parties, but will not be bound by their interpretations when it is called upon to decide a question of law; b it may not award more than the claimant has claimed, nor anything of a different nature, nor may it award less than the defendant has acknowledged as due; c the arbitration award, setting forth the reasons for the decision, shall be drawn up by the Arbitration Tribunal and notified to the parties by the Secretary General; d save where the mandatory provisions of the law of the place where the Arbitration Tribunal is sitting otherwise provide and subject to contrary agreement by the parties, the arbitration award shall be final.
The fees of the arbitrators shall be determined by the Secretary General.
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