APPENDIX 1
to the Decision of the President of the
International Fund for Saving the Aral Sea
on the Executive Committee of the
International Fund for Saving the Aral Sea
REGULATION
on the Executive Committee of the International Fund for Saving the Aral Sea
1. General provisions
- The Executive Committee of the International Fund for Saving the Aral Sea (hereinafter referred to as the Executive Committee) is established by the Decision of the President of the International Fund for Saving the Aral Sea (hereinafter referred to as the IFAS), the President of the Republic of Kazakhstan, and is a permanently operating executive body of the IFAS.
- The Executive Committee is the legal successor of the property and other assets of the previous executive committees of the IFAS.
- The Executive Committee carries out its activities in accordance with the Regulation on the International Fund for Saving the Aral Sea (hereinafter referred to as the Regulation on the IFAS) and the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan, the Government of Turkmenistan, and the Government of the Republic of Uzbekistan on the Status of the International Fund for Saving the Aral Sea and its organizations (hereinafter referred to as the Agreement on the Status of the IFAS and its organizations), approved by the heads of the founding states of the Fund on 9 April 1999 in Ashgabat, as well as this Regulation.
- The activities of the Executive Committee are organized based on the governance structure of the IFAS, approved by the Decision of the Heads of the Founding States of the Fund on 28 February 1997 in Almaty.
- The Executive Committee is a legal entity with the status of an international intergovernmental organization, possessing immunities and privileges provided for by the Agreement on the Status of the IFAS and its organizations.
- The legal address of the EC IFAS: Republic of Kazakhstan, city of Astana, Esil District, E-179 Street, House №1, Position №40.
Official name of the EC IFAS:
- in Kazakh - Халықаралық Аралды құтқару қорының Атқарушы комитеті (ХАҚҚ АҚ);
- in Russian- Исполнительный комитет Международного Фонда спасения Арала (ИК МФСА);
- in English - Executive Committee of the International Fund for Saving the Aral Sea (EC IFAS);
2. Main tasks, functions, and rights of the Executive Committee
- The Executive Committee is established to address the following tasks:
- Ensuring the practical implementation of decisions made by the Council of Heads of the Founding States, the President, and the Board of the IFAS regarding the problems of the Aral Sea basin;
- Implementing programs and projects aimed at solving the problems of the Aral Sea basin;
- Coordinating activities of the Executive Committee’s branches, special agencies of support funds for improving the socio-economic situation of the Aral Sea basin, located in the territory of the Fund's Founding States;
- Assisting the work of the Interstate Coordination Water Commission (ICWC) and the Interstate Commission for Sustainable Development (ICSD);
- Expanding interaction with international organizations, donor countries, environmental and other funds to intensify activities related to environmental protection and rehabilitation of ecologically disadvantaged areas.
- The Executive Committee performs the following functions:
- Participates in organizing the development and implementation of projects and programs related to the problems of the Aral Sea basin;
- Interacts with ministries, departments, public environmental organizations of the Fund's Founding States;
- Represents the IFAS in international organizations;
- Conducts the expertise of concepts, programs, and projects related to the problems of the Aral Sea basin and issues relevant conclusions;
- Accumulates financial and other resources, ensures their targeted use;
- Provides information and analytical support to the Fund's Founding States regarding its activities;
- Conducts informational and editorial and publishing activities;
- Ensures the preservation of IFAS documentation;
- Prepares materials and organizes meetings of the Council of Heads of the Founding States and the Board of IFAS;
- Organizes thematic conferences, symposiums, and seminars on issues related to the activities of IFAS.
- The Executive Committee has the right to:
- Determine the priority areas for directing IFAS’ funds within the framework of implementing programs and projects aimed at overcoming the consequences of the Aral Sea's desiccation;
- Participate together with interested ministries, departments of the Fund's Founding States, and business circles in determining the procedure for involving organizations and individuals in implementing programs and projects addressing the problems of the Aral Sea basin;
- Engage experts, conclude contracts with organizations, institutions, and individuals; organize and conduct competitive bidding (tenders), place funds on bank deposits;
- Request and receive, in accordance with established procedures, data from ministries, departments, statistical bodies, and other structures of the Fund's Founding States necessary for fulfilling the tasks and functions assigned to the Executive Committee;
- Audit the documentation, provided by branches, the condition and the results of their activities;
- Acquire and dispose of property, act as a plaintiff and defendant in court.
- The IFAS Executive Committee has bank accounts in national and foreign currencies to ensure its own activities and accumulate contributions from the Fund's Founding States, international organizations, donor countries, grants, charitable donations, and other contributions from legal entities and individuals to implement projects, programs, and provide urgent assistance to the population of the Aral Sea basin.
The Executive Committee has a standard letterhead, a seal, and stamps with its name.
- The activities of the Executive Committee are financed through contributions from the Fund's Founding States, international organizations, donor countries, grants, and charitable donations from individuals and legal entities, as well as foreign states.
- The Executive Committee maintains accounting records and generates reports in accordance with the legislation of the host country.
- The Founding States of IFAS are not liable for the obligations of the Executive Committee, just as the Executive Committee is not liable for the obligations of the Fund's Founding States.
- The official languages of the Executive Committee are Russian and English.
3. Organization of the Executive Committee's activities
- The Executive Committee consists of the Chairman, representatives of the Founding States (members of the Executive Committee), the representative director of international partners of IFAS, and the staff, which includes Deputies Chairman, the Secretariat, the Department of International Cooperation, the Information and Analytical Department, the General Affairs Departments, and the Accountancy.
- The Governments of the Founding States send two authorized representatives (members of the Executive Committee) each to ensure the work of the Executive Committee. The leadership and management of their activities are entrusted to the Chairman.
- The Executive Committee is headed by a Chairman, who is appointed and dismissed by the President of IFAS in coordination with the heads of the Founding States of IFAS.
- The Chairman:
- Leads the activities of the Executive Committee in accordance with the decisions of the Council of Heads of Founding States, the President, and the Board of IFAS and is personally responsible for fulfilling the tasks assigned to the Executive Committee;
- Ensures the organization of preparation and holding of meetings of the Council of Heads of Founding States and the Board of IFAS;
- Coordinates the activities of the ICWC and ICSD on all issues related to the implementation of programs and projects aimed at overcoming the consequences of the Aral Sea desiccation;
- Acts on behalf of IFAS, represents its interests, manages the funds and property of the Executive Committee, concludes contracts (agreements), hires and dismisses employees of the Executive Committee staff and heads of its structural subdivisions;
- If necessary, has the right to submit to the President of IFAS, as well as to the Board of IFAS and the governments of the Founding States, proposals on the competence, qualifications, and other information regarding authorized representatives;
- Within his competence issues orders, directives, decisions, and, based on the instructions of the President and the Board of IFAS, gives directions mandatory for execution by branches and other IFAS bodies;
- Approves the staffing schedule of the Executive Committee, regulations on structural subdivisions, and other regulatory documents determining the rights and duties of the officials of the IFAS Executive Committee;
- Approves the heads of regional projects, as well as their budgetary and program documents;
- If necessary, has the right to present to the Board of IFAS a report on the activities of the Executive Committee based on the results of the financial year;
- Performs other functions assigned to him by the Council of Heads of the Founding States, the President, and the Board of IFAS.
- The maintenance of the Executive Committee's staff and the payment of salaries to its employees are carried out under the conditions and at the expense of contributions from the founding states of IFAS, grants from donor countries, and funds from international organizations.
- The first financial year of the Executive Committee is the period from the date of approval of the Regulations on the Executive Committee until the end of the corresponding calendar year. Subsequently, the financial year of the Executive Committee begins in January and ends on December 31 of each year.
- At the end of each financial year, the Executive Committee ensures an audit of its financial activities.
4. Branches of the Executive Committee
- In accordance with the approved management framework of IFAS, the Executive Committee has its branches in the Founding States of the Fund.
- The branches of the Executive Committee are its territorial bodies.
- The branches operate in accordance with the laws of the Founding States of IFAS, within whose territories they are located, the decisions of the President and the Board of the Fund, the orders and directives of the Executive Committee, this Regulation, and the Regulation (Charter) of the respective branch.
- The branches of the Executive Committee are legal entities and have bank accounts in national and foreign currencies.
- The branches interact with state and public organizations, legal entities and individuals, as well as with structures of various forms of ownership and contribute to the expansion of cooperation on solving problems in the Aral Sea basin.
- The branches of the Executive Committee are funded by contributions from the Founding States of IFAS within whose territories they are located.
- Upon the proposal of the Governments of the Founding States of IFAS, within whose territories the branches are located, the Chairman of the Executive Committee appoints and dismisses the branch directors.
- The director heading the branch bears personal responsibility for organizing the work and fulfilling the duties assigned to him.
- The staffing schedule of the branch is coordinated with the Government of the founding state of IFAS within whose territory it is located or an authorized body and is approved by the Chairman of the Executive Committee.
- The financial year is established from January 1 to December 31 of the calendar year. The branch submits a quarterly report to the Executive Committee.
- Accounting and reporting are carried out in accordance with the legislation of the state in which the branch is located.
- The Executive Committee exercises control over the organization and financial activities of the branch.
- Amendments and additions to the regulations governing the activities of the branches are within the competence of the Executive Committee.
- The activities of the branches of the Executive Committee are terminated by the decision of the Executive Committee upon the proposal of the government of the Founding State of IFAS.
5. Final regulations
- The liquidation or reorganization of the Executive Committee is carried out by a decision of the President of IFAS.
- In the event of a decision to liquidate the Executive Committee, the Chairman appoints a liquidation commission by order and ensures its execution in accordance with the current legislation of the state where the Executive Committee is located.
- The Executive Committee loses its legal entity status and is considered to have ceased to exist from the date of issuance of the relevant decision approving the results of the liquidation commission.
