§ 287n TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 168

ventions directly from governments, public and private

institutions, associations and private persons.

ARTICLE X.

Relations with the United Nations Organisation

This Organisation shall be brought into relation with

the United Nations Organisation, as soon as practicable, as one of the specialised agencies referred to in

Article 57 of the Charter of the United Nations. This relationship shall be effected through an agreement with

the United Nations Organisation under Article 63 of the

Charter, which agreement shall be subject to the approval of the General Conference of this Organisation.

The agreement shall provide for effective co-operation

between the two Organisations in the pursuit of their

common purposes, and at the same time shall recognise

the autonomy of this Organisation, within the fields of

its competence as defined in this Constitution. Such

agreement may, among other matters, provide for the

approval and financing of the budget of the Organisation by the General Assembly of the United Nations.

ARTICLE XI.

Relations with Other Specialized International

Organisations and Agencies

1. This Organisation may co-operate with other specialised inter-governmental organisations and agencies

whose interests and activities are related to its purposes. To this end the Director-General, acting under

the general authority of the Executive Board, may establish effective working relationships with such

organisations and agencies and establish such joint

committees as may be necessary to assure effective cooperation. Any formal arrangements entered into with

such organisations or agencies shall be subject to the

approval of the Executive Board.

2. Whenever the General Conference of this Organisation and the competent authorities of any other specialised inter-governmental organisations or agencies

whose purposes and functions lie within the competence of this Organisation, deem it desirable to effect

a transfer of their resources and activities to this

Organisation, the Director-General, subject to the approval of the Conference, may enter into mutually acceptable arrangements for its purpose.

3. This Organisation may make appropriate arrangements with other inter-governmental organisations for

reciprocal representation at meetings.

4. The United Nations Educational, Scientific and

Cultural Organisation may make suitable arrangements for consultation and co-operation with non-governmental international organisations concerned with

matters within its competence and may invite them to

undertake specific tasks. Such co-operation may also

include appropriate participation by representatives of

such organisations on advisory committees set up by

the General Conference.

ARTICLE XII.

Legal status of the Organisation

The provisions of Articles 104 and 105 of the Charter

of the United Nations Organisation concerning the

legal status of that Organisation, its privileges and immunities shall apply in the same way to this Organisation.

ARTICLE XIII.

Amendments

1. Proposals for amendments to this Constitution

shall become effective upon receiving the approval of

the General Conference by a two-thirds majority; provided, however, that those amendments which involve

fundamental alterations in the aims of the Organisation or new obligations for the Member States shall

require subsequent acceptance on the part of two-thirds

of the Member States before they come into force. The

draft texts of proposed amendments shall be communicated by the Director-General to the Member States

at least six months in advance of their consideration by

the General Conference.

2. The General Conference shall have power to adopt

by a two-thirds majority rules of procedure for carrying out the provisions of this Article.

ARTICLE XIV.

Interpretation

1. The English and French texts of this Constitution

shall be regarded as equally authoritative.

2. Any question or dispute concerning the interpretation of this Constitution shall be referred for determination to the International Court of Justice or to an

arbitral tribunal, as the General Conference may determine under its rules of procedure.

ARTICLE XV.

Entry into force

1. This Constitution shall be subject to acceptance.

The instruments of acceptance shall be deposited with

the Government of the United Kingdom.

2. This Constitution shall remain open for signature

in the archives of the Government of the United Kingdom. Signature may take place either before or after

the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded or followed by signature.

3. This Constitution shall come into force when it has

been accepted by twenty of its signatories. Subsequent

acceptances shall take effect immediately.

4. The Government of the United Kingdom will inform all members of the United Nations of the receipt

of all instruments of acceptance and of the date on

which the Constitution comes into force in accordance

with the preceding paragraph.

In faith whereof, the undersigned, duly authorised to

that effect, have signed this Constitution in the

English and French languages, both texts being equally

authentic.

Done in London the sixteenth day of November, 1945

in a single copy, in the English and French languages,

of which certified copies will be communicated by the

Government of the United Kingdom to the Governments of all the Members of the United Nations.

[Here follow the signatures of the heads of the delegations.]

§ 287n. Representatives in General Conference;

number; citizenship; compensation

The President by and with the consent of the

Senate shall designate from time to time to attend a specified session or specified sessions of

the General Conference of the Organization not

to exceed five representatives of the United

States and such number of alternates not to exceed five as he may determine consistent with

the rules of procedure of the General Conference: Provided, however, That each such representative and each such alternate must be an

American citizen. One of the representatives

shall be designated as the senior representative.

Such representatives and alternates shall each

be entitled to receive compensation at such

rates provided for members of the Senior Foreign Service under section 3962 of this title, or

provided for Foreign Service officers under section 3963 of this title, as the President may determine, for such periods as the President may

specify, except that no Member of the Senate or

House of Representatives or officer of the United

States who is designated under this section as a

representative of the United States or as an alternate to attend any specified session or specified sessions of the General Conference shall be
Page 169 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287p

1So in original. Probably should be ‘‘Cooperation’’.

entitled to receive such compensation. Whenever a representative of the United States is

elected by the General Conference to serve on

the Executive Board, or is elected President of

the General Conference and thus becomes an ex

officio adviser to the Executive Board, under

provision of article V of the constitution of the

Organization, the President may extend the

above provisions for compensation to such representative during periods of service in connection with the Executive Board.

(July 30, 1946, ch. 700, §2, 60 Stat. 712; July 31,

1956, ch. 804, title I, §112, 70 Stat. 740; Pub. L.

88–426, title III, §§305(1), 306(g), Aug. 14, 1964, 78

Stat. 422, 430; Pub. L. 96–465, title II, §2206(a)(3),

Oct. 17, 1980, 94 Stat. 2161.)

REFERENCES IN TEXT

Article V of the constitution of the Organization, referred to in text, is article V of the Constitution of the

United Nations Educational, Scientific, and Cultural

Organization, which is set out as a note under section

287m of this title.

AMENDMENTS

1980—Pub. L. 96–465 substituted ‘‘members of the Senior Foreign Service under section 3962 of this title, or

provided for Foreign Service officers under section 3963

of this title,’’ for ‘‘Foreign Service officers in the

schedule contained in section 867 of this title,’’.

1964—Pub. L. 88–426, §306(g), substituted provisions

permitting payment of compensation at such rates provided for Foreign Service officers in the schedule contained in section 867 of this title for provisions which

limited compensation at not more than $15,000 per

annum.

1956—Act July 31, 1956, increased maximum compensation of representatives and alternatives from

$12,000 to $15,000.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–465 effective Feb. 15, 1981,

except as otherwise provided, see section 2403 of Pub. L.

96–465, set out as an Effective Date note under section

3901 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88–426 effective on first day of

first pay period which begins on or after July 1, 1964,

except to the extent provided in section 501(c) of Pub.

L. 88–426, see section 501 of Pub. L. 88–426.

REPEALS

Section 112 of act July 31, 1956, cited as a credit to

this section, was repealed by section 305(1) of Pub. L.

88–426.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287r of this title.

§ 287o. National Commission on Educational, Scientific, and Cultural Cooperation; membership; meetings; expenses

In fulfillment of article VII of the constitution

of the Organization, the Secretary of State shall

cause to be organized a National Commission on

Educational, Scientific, and Cultural Corporation1 of not to exceed one hundred members.

Such Commission shall be appointed by the Secretary of State and shall consist of (a) not more

than sixty representatives of principal national,

voluntary organizations interested in educational, scientific, and cultural matters; and

(b) not more than forty outstanding persons selected by the Secretary of State, including not

more than ten persons holding office under or

employed by the Government of the United

States, not more than fifteen representatives of

the educational, scientific, and cultural interests of State and local governments, and not

more than fifteen persons chosen at large. The

Secretary of State is authorized to name in the

first instance fifty of the principal national voluntary organizations, each of which shall be invited to designate one representative for appointment to the National Commission. Thereafter, the National Commission shall periodically review and, if deemed advisable, revise the

list of such organizations designating representatives in order to achieve a desirable rotation

among organizations represented. To constitute

the initial Commission, one-third of the members shall be appointed to serve for a term of one

year, one-third for a term of two years, and onethird or the remainder thereof for a term of

three years; from thence on following, all members shall be appointed for a term of three years

each, but no member shall serve more than two

consecutive terms. The National Commission

shall meet at least once annually. The National

Commission shall designate from among its

members an executive committee, and may designate such other committees as may prove necessary, to consult with the Department of State

and to perform such other functions as the National Commission shall delegate to them. No

member of the National Commission shall be allowed any salary or other compensation for

services: Provided, however, That he may be paid

transportation and other expenses as authorized

by section 5703 of title 5. The Department of

State is authorized to provide the necessary secretariat for the Commission.

(July 30, 1946, ch. 700, §3, 60 Stat. 713; Pub. L.

87–139, §9, Aug. 14, 1961, 75 Stat. 341.)

REFERENCES IN TEXT

Article VII of the constitution of the Organization,

referred to in text, is article VII of the Constitution of

the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under

section 287m of this title.

CODIFICATION

‘‘Section 5703 of title 5’’ substituted in text for ‘‘section 5 of the Administrative Expenses Act of 1946, as

amended (5 U.S.C. 73b–2)’’ on authority of Pub. L.

89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and

Employees.

AMENDMENTS

1961—Pub. L. 87–139 substituted provisions for payment of transportation and other expenses as authorized by section 5703 of title 5, for provisions authorizing

payment of actual transportation expenses plus a $10

maximum per diem.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287r of this title.

§ 287p. Citizenship of members

Each such member of the National Commission must be an American citizen.