prop · GH0323 · 1994-01-01 00:00:00 — The rest of the costs of the Commission will be shared equally by the parties.f1003Section XIV A participating State may at any time, whether before or after a dispute has been referred to the Commission, declare, either generally or in relation to a particular dispute, that it will accept as binding, on condition of reciprocity, any terms of settlement proposed by the Commission. Such declaration will be deposited with the Secretary who will transmit copies to all the participating States.f1003Section XV A declaration made under Section II or Section XIV may be withdrawn or modified by written notification to the Secretary who will transmit copies to all the participating States. A declaration made under Section II or Section XIV may not be withdrawn or modified in relation to a dispute to which it applies once a written request for conciliation of the dispute has been made under Section III, and the other party to the dispute has already made such a declaration.f1003Section XVI The parties may agree to modify the procedure set out in the preceding sections with respect to their particular dispute.f1003Section XVII The Director of the will act as Secretary of the Commission. In carrying out his functions the Director may consult as and when he deems necessary. If the Director is a national of one of the parties to a dispute, his functions in respect of that dispute will be performed by the next most senior official of the who is not such a national. 4 f1003PROVISIONS FOR DIRECTED CONCILIATION 1. or () may direct any two participating States to seek conciliation to assist them in resolving a dispute that they have not been able to settle within a reasonable period of time. In using this authority, the Council or the CSO may direct that the parties to the dispute use the provisions for conciliation described in 3, on the same basis as if the parties had made a joint written request to bring the dispute before the Conciliation Commission established by that . However, in such situations: t(a) the Council or the CSO may decide, in view of the nature of the particular dispute or other relevant factors, either to increase or to decrease any of the twenty-day periods for appointment by the parties of the two members of the Conciliation Commission or for selection of the Chairman; and (b) the work of the Commission will not be conducted in public, unless the parties agree otherwise. Moreover, in cases involving disputes between two parties to the Convention on Conciliation and Arbitration within the CSCE, the Council or the CSO may direct that the parties use the provisions for conciliation established under that Convention, once that Convention enters into force. The parties to the dispute may exercise any rights they otherwise have to participate in all discussions within the Council or CSO regarding the dispute, but they will not take part in the decision by the Council or the CSO directing the parties to conciliation, or in decisions described in paragraph 2(a). or the CSO will not direct parties to a dispute to seek conciliation under this : t(a) if the dispute is being addressed under some other procedure for the peaceful settlement of disputes; (b) if the dispute is covered by any process outside the CSCE which the parties to the dispute have accepted, including under an agreement in which the parties have undertaken to address certain disputes only through negotiations; or (c) if either party to the dispute considers that, because the dispute raises issues concerning its territorial integrity, or national defence, title to sovereignty over land territory, or competing claims with regard to the jurisdiction over other areas, the provisions of this should not be applied. The parties to the dispute will bear their own expenses. Except for disputes covered in paragraph 3, any other expenses incurred under the procedure will be shared by all participating States in accordance with the CSCE scale of distribution, subject to any procedures that the CSO may adopt to ensure that expenses are limited to those reasonable. With respect to disputes covered by paragraph 3, responsibility for such other expenses will be borne in accordance with the provisions of the Convention on Conciliation and Arbitration within the CSCE. In addition to any reports otherwise provided for under the conciliation provisions described in paragraphs 2 and 3, the Council or the CSO may request the Commission to report on the results of the conciliation. The report will not reflect matters that are considered confidential under the applicable provisions, unless the parties agree otherwise. f1002hFINANCIAL PROTOCOL ESTABLISHED IN ACCORDANCE WITH ARTICLE 13 OF THE CONVENTION ON CONCILIATION AND ARBITRATION WITHIN THE CSCEf1003Article 1f1004Costs of the Court 1. All the costs of the Court established by the Convention on Conciliation and Arbitration within the CSCE (hereinafter referred to as ''''''''the Convention'''''''') shall be met by the States parties to the Convention. Costs of conciliators and arbitrators shall be costs of the Court. The obligations of the host State with respect to expenditures in connection with the premises and furniture for use by the Court, their maintenance, insurance and security, as well as utilities, shall be set out in an exchange of letters between the Court acting with the consent of and on behalf of the States parties to the Convention, and the host State.f1003Article 2f1004Contributions to the Budget of the Court 1. Contributions to the budget of the Court shall be divided among the States parties to the Convention according to the scale of distribution applicable within the CSCE, adjusted to take into account the difference in number between the CSCE participating States and the States parties to the Convention. If a State ratifies of accedes to the Convention after its entry into force, its contribution shall be equal, for the current financial year, to one-twelfth of its portion of the adjusted scale, as established according to paragraph 1 of this Article, for each full month of that financial year which remains after the date on which the Convention enters into force in respect of it. If a State which is not a party to the Convention submits a dispute to the Court pursuant to the provisions of Article 20, paragraph 2, or Article 26, paragraph 1 of the Convention, it shall contribute to the financing of the budget of the Court, for the duration of the proceedings, as if it were a party to the Convention. For the application of this paragraph, the conciliation shall be presumed to commence on the day the Registrar receives notice of the agreement of the parties to set up a Commission and to end on the day the Commission notifies its report to the parties. If a party withdraws from the proceedings, these proceedings shall be considered as ended on the day of notice of the report specified in Article 25, paragraph 6 of the Convention. The arbitration proceedings shall be presumed to start on the day the Registrar receives notice of the agreement of the parties to establish a Tribunal and to end on the day the Tribunal renders its award.f1003Article 3f1004Financial Year and Budget 1. The financial year shall be from 1 January to . The Registrar, acting with the concurrence of , shall establish each year a budget proposal for the Court. The budget proposal for the ensuing financial year shall be submitted to the States parties to the Convention before . The budget shall be approved by the representatives of the States parties to the Convention. Consideration and approval of the budget shall take place in unless the States parties to the Convention otherwise agree. On approval of the budget for the financial year the Registrar shall request the States parties to the Convention to remit their contributions. If the budget is not approved by the Court will operate on the basis of the preceding budget and, without prejudice to later adjustments, the Registrar shall request the States parties to the Convention to remit their contributions i accordance with this budget. The Registrar shall request States parties to the Convention to make fifty per cent of their contributions available on 1 January and the remaining fifty per cent on . Barring a decision to the contrary by the representatives of the States parties to the Convention, the budget shall be established in Swiss francs and the contributions of the States shall be paid in this currency. A State which ratifies or accedes to the Convention after its entry into force shall pay its first contribution to the budget within two months after the request by the Registrar. States which, without being paties to the Convention, have submitted a dispute to the Court, shall pay their contribution within two months after the request by the Registrar. The year the Convention enters into force, the States parties to the Convention shall pay their contribution to the budget within two months following the date of deposit of the twelfth instrument of ratification of the Convention. This budget is preliminarily fixed at 250,000 Swiss francs.f1003Article 4f1004Obligations, Payments and Revised Budget 1. The approved budget shall constitute authorization to the Registrar, acting under the responsibility of , to incur obligations and make payments up to the amounts and for the purposes approved. The Registrar, acting under the responsibility of , is authorized to make transfers between items and sub-items of up to 15 per cent of items/sub-items. All such transfers must be reported by the Registrar in connection with the financial statement mentioned in Article 9 of this Protocol. Obligations remaining undischarged at the end of the financial year shall be carried over to the next financial year. If so obliged by circumstances and following careful examination of available resources with a view to identifying savings, the Registrar is authorized to submit a revised budget, which may entail requests for supplementary appropriations, for the approval of the representatives of the States parties to the Convention. surplus for a given financial year shall be deducted from the assessed contributions for the financial year following the one in which the accounts have been approved by the representatives of the States parties to the Convention. deficit shall be charged to the ensuing financial year unless the representatives of the States parties to the Convention decide on supplementary contributions.f1003Article 5f1004Working working capital fund may be established in case the States parties to the Convention deem it necessary. It will be funded by the States parties to the Convention.f1003Article 6f1004Allowances and Nominal Retainers 1. Members of , of the Conciliation Commissions and of the Arbitral Tribunals shall receive, for each day on which they exercise their functions, a daily allowance. Members of shall additionally receive a nominal annual retainer. The daily allowance and the nominal annual retainer shall be determined by the representatives of the States parties to the Convention.f1003Article 7f1004Salaries, 1. The Registrar and any other registry staff appointed in accordance with Article 9 of the Convention shall receive a salary to be determined by the representatives of the States parties to the Convention. The registry staff shall be limited to the strict minimum needed to ensure the operation of the Court. The representatives of the States parties to the Convention shall ensusre that the Registrar and the registry staff are afforded an adequate social security scheme and retirement hpension.f1003Article 8f1004Travel Expenses 1. expenses which are absolutely necessary for exercising their functions shall be paid to the members of , of the Conciliation Commissions and of the Arbitral Tribunals and to the Registrar and the registry staff. expenses shall comprise actual transportation costs, including expenses normally incidental to transportation, and a daily subsistence allowance to cover all charges of meals, lodging, fees and gratuities and other personal expenses. The daily subsistence allowance shall be determined by the representatives of the States parties to the Convention.f1003Article 9f1004Records and Accounts 1. The Registrar, acting under the authority of , shall ensure that appropriate records and accounts are kept of the transactions and that all payments are properly authorized. The Registrar, acting under the authority of , shall submit to the hStates parties to the Convention, not later than 1 , an annual financial statement showing, for the preceding financial year: t(a) the income and expenditures realting to all accounts; (b) the situation with regard to budget provisions; (c) the financial assets and liabilities at the end of the financial year. f1003Article 10f1004Audit 1. The accounts of the Court shall be audited by two auditors, of different nationalities, appointed for renewable periods of three years by the representatives of the States parties to the Convention. Persons appearing of having appeared on the lists of conciliators of arbitrators or having received payment by the Court pursuant to Article 7 of this Protocol may not be auditors. Auditors shall annually conduct audits. They shall, in particular, check the accuracy of the books, the statement of assets and liabilities, and the accounts. The accounts shall be available for the annual auditing and inspection not later than 1 . Auditors shall perform such audits as they deem necessary to certify: t(a) that the annual financial statement submitted to them is correct and in accordance with the books and records of the Court, (b) that the financial transactions recorded in this statement have been effected in accordance with the relevant rules, the budgetary provisions and other directives which may be applicable, and (c) that the funds on deposit and on hand have been verified by certificates received directly from the depositories or by actual count. The Registrar shall give auditors such assistance and facilities as may be needed for the proper discharge of their duties. Auditors shall, in particular, have free access to the book of account, records and documents which, in their opinion, are necessary for the audit. Auditors shall annually draw up a report certifying the accounts and setting forth the comments warranted by the audit. They may, in this context, also make such observations as they deem necessary regerding the efficiency of financial procedures, the accounting system and the internal financial control. The report shall be submitted to the representatives of the States parties to the Convention not later than four months after the end of the financial year to which the accounts refer. The report shall be transmitted to the Registrar beforehand, so that he will have at least 15 days in which to furnish such explanations and justifications as he may consider necessary. In addition to the annual auditing, auditors will at any time have free access to check the books, the statement of assets and liabilities, and accounts. On the basis of the audit report, the representatives of the States paties to the Convention shall signify their acceptance of the annual financial statement or take such other action as may be considered appropriate.f1003Article 11f1004Special Disbursement Account 1. A special disbursement account may be established by the States parties to the Convention aimed at lowering the procedural costs for the States parties to disputes submitted to the Court which have difficulties paying these costs. It will be funded by voluntary contributions from States parties to the Convention. A State party to a dispute submitted to the Court that wishes to receive funds from the special disbursement account shall file a request to the Registrar, with a detailed statement estimating procedural costs. shall examine the request and forward its recommendation to the representatives of the States parties to the Convention which shall decide whether to grant this request and to what extent. After the case has been heard, the State having received funds from the special disbursement account shall address to the Registrar, for study by the , a detailed statement of procedural costs actually expended and shall proceed, if need be, with rembursing the sums in excess of the actual costs.f1003Article 12f1004Decision Making All decisions by the States parties to the Convention or their representatives under this Protocol shall be taken by consensus.f1003Article 13f1004Amendements Amendements to this Protocol shall be adopted in accordance with the provisions of hArticle 35 of the Convention. may address its opinion on the proposed amendments to the CSCE Secretariat for transmission to the CSCE participating States. This Protocol, established in the English, French, German, Italian, Russian and Spanish languages, all six language versions being equally authentic, having been adopted by officials at , on in accordance with Article 13 of the Convention on Conciliation and Arbitration within the CSCE is deposited with the Government of .