TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-101

________________________________________________________________________

FOOD ASSISTANCE

Convention Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Done at London April 25, 2012

 
 

NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 

 MULTILATERAL

 Food Assistance

 Convention done at London April 25, 2012;

 Entered into force January 1, 2013.
FOOD ASSISTANCE CONVENTION

(IA IP4) P r

UNITED NATIONS

2012
FOOD ASSISTANCE CONVENTION

PREAMBLE

The Parties to this Convention,

Confirming their continued commitment to the still valid objectives of the

Food Aid Convention, 1999, to contribute to world food security, and to

improve the ability of the international community to respond to emergency

food situations and other food needs of developing countries;

Seeking to improve the effectiveness, efficiency, and quality of food assistance

in preserving the lives and alleviating the suffering of the most vulnerable

populations, especially in emergency situations, by strengthening international

cooperation and coordination, in particular among the Parties and stakeholders;

Recognising that vulnerable populations have particular food and nutritional

needs;

Affirming that States have the primary responsibility for their own national

food security, and therefore for the progressive realisation of the right to

adequate food as set out in the Food and Agriculture Organization (FAO)

Voluntary Guidelines to support the Progressive Realization of the Right to

Adequate Food in the Context of National Food Security adopted by the FAO

Council in November 2004;

Encouraging governments of food insecure countries to develop and

implement country-owned strategies that address the root causes of food

insecurity through long-term measures, and that ensure proper linkages

between relief, recovery and development activities;

Referring to international humanitarian law and the fundamental humanitarian

principles of humanity, impartiality, neutrality and independence;

Referring to the Principles and Good Practice of Humanitarian Donorship,

endorsed in Stockholm on 17 June 2003;

Recognising that the Parties have their own policies related to providing food

assistance in emergency and non-emergency situations;'
Considering the World Food Summit Plan of Action adopted in Rome in 1996,

as well as the Five Rome Principles for Sustainable Global Food Security

identified in the Declaration of the World Summit on Food Security of 2009, in

particular the commitment to achieve food security in all countries and the

ongoing effort to reduce poverty and eradicate hunger that was reaffirmed by

the United Nations General Assembly in the United Nations Millennium

Declaration;

Considering the commitments made by donor and recipient countries to

improve development aid effectiveness by applying the principles of the

Organisation for Economic Cooperation and Development's (OECD) Paris

Declaration. on Aid Effectiveness adopted in 2005;

Determined to act in accordance with their World Trade Organization (WTO)

obligations, in particular any WTO disciplines on food aid;

Have agreed as follows:

ARTICLE 1

OBJECTIVES

The objectives of this Convention are to save lives, reduce hunger,

improve food security, and improve the nutritional status of the most

vulnerable populations by:

(a) addressing the food and nutritional needs of the most vulnerable

populations through commitments made by the Parties to provide

food assistance that improves access to, and consumption of,

adequate, safe and nutritious food;

(b) ensuring that food assistance provided to the most vulnerable

populations is appropriate, timely, effective, efficient, and based

on needs and shared principles; and

(C) facilitating information-sharing, cooperation, and coordination,

and providing a forum for discussion in order to improve the

effective, efficient, and coherent use of the Parties' resources to

respond to needs.

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ARTICLE 2

PRINCIPLES OF FOOD ASSISTANCE

The Parties, in providing and delivering food assistance to the most

vulnerable populations, should always adhere to the following principles:

(a) General principles of food assistance:

(i) provide food assistance only when it is the most effective

and appropriate means of addressing the food or nutrition

needs of the most vulnerable populations;

(ii) provide food assistance, taking into account the long-term

rehabilitation and development objectives of the recipient

countries, while supporting the broader goal of achieving

food security, whenever appropriate;

(iii) provide food assistance in a manner that protects

livelihoods and strengthens the self-reliance and resilience

of vulnerable populations, and local communities, and that

prevents, prepares for, mitigates and responds to food

security crises;

(iv) provide food assistance in such a way as to avoid

dependency and minimise direct and indirect negative

impacts on beneficiaries and others;

(v) provide food assistance in a way that does not adversely

affect local production, market conditions, marketing

structures and commercial trade or the price of essential

goods for vulnerable populations;

(vi) provide food aid in fully grant form, whenever possible;

(b) Principles of food assistance effectiveness:

(i) in order to increase the amount available to spend on food

assistance for vulnerable populations and to promote

efficiency, minimise associated costs as much as possible;

(ii) actively seek to cooperate, coordinate and share

information to improve the effectiveness and efficiency of

food assistance programs, and the coherence between food

assistance and related policy areas and instruments;

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(iii) purchase food and other components of food assistance

locally or regionally, whenever possible and appropriate;

(iv) increasingly provide untied cash-based food assistance,

whenever possible and based on needs;

(v) only monetise food aid where there is an identified need to

do so, and to improve the food security of vulnerable

populations; base monetisation on transparent and objective

market analysis and avoid commercial displacement;

(vi) ensure food assistance is not used to promote the market

development objectives of the Parties;

(vii) avoid re-exportation of food aid to the maximum extent

possible except to prevent or respond to an emergency

situation; only re-export food aid in a manner that avoids

commercial displacement;

(viii) acknowledge, where appropriate, that relevant authorities

or relevant stakeholders have the primary role and

responsibility for the organisation, coordination and

implementation of food assistance operations;

(c) Principles on the provision of food assistance:

(i) target food assistance according to the food and nutrition

needs of the most vulnerable populations;

(ii) involve beneficiaries in the assessment of their needs and

in the design, implementation, monitoring and evaluation

of food assistance, as well as other relevant stakeholders,

where appropriate;

(iii) provide food assistance that meets applicable safety and

quality standards, and that respects cultural and local

dietary habits and the nutritional needs of the beneficiaries;

(iv) uphold the dignity of beneficiaries of food assistance;

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(d) Principles of food assistance accountability:

take specific and appropriate measures to strengthen the

accountability and transparency of food assistance policies,

programs, and operations;

(ii) monitor, evaluate, and communicate, on a regular and

transparent basis, the outcomes and the impact of food

assistance activities in order to further develop best

practices and maximise their effectiveness.

ARTICLE 3

RELATIONSHIP WITH WTO AGREEMENTS

Nothing in this Convention shall derogate from any existing or future

WTO obligations applicable between Parties. In case of conflict between such

obligations and this Convention, the former shall prevail. Nothing in this

Convention will prejudice the positions that a Party may adopt in any

negotiations in the WTO.

ARTICLE 4

ELIGIBLE COUNTRY, ELIGIBLE VULNERABLE POPULATIONS,

ELIGIBLE PRODUCTS, ELIGIBLE ACTIVITIES,

AND ASSOCIATED COSTS

1. "Eligible Country" means any country on the OECD's Development

Assistance Committee (DAC) list of Official Development Assistance

Recipients, or any other country identified in the Rules of Procedure and

Implementation.

2. "Eligible Vulnerable Populations" means vulnerable populations in any

Eligible Country.

3. "Eligible Products" means products for human consumption that comply

with relevant national policies and legislation of the country of operation,

including, as appropriate, applicable international food safety and quality

standards as well as products that contribute to meeting food needs and

protecting livelihoods in emergency and early recovery situations. The list of

Eligible Products is provided in the Rules of Procedure and Implementation.

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4. Eligible Activities for the fulfilment of a Party's minimum annual

commitment in accordance with Article 5 shall be consistent with Article 1,

and shall include at least the following activities:

(a) the provision and distribution of Eligible Products;

(b) the provision of cash and vouchers; and

(c) nutritional interventions.

These Eligible Activities are further elaborated in the Rules of Procedure and

Implementation.

5. Associated Costs eligible for the fulfilment of a Party's minimum annual

commitment according to Article 5 shall be consistent with Article 1, and shall

be limited to costs directly linked to the provision of Eligible Activities, as

further elaborated in the Rules of Procedure and Implementation.

ARTICLE 5

COMMITMENT

1. To meet the objectives of this Convention, each Party agrees to make an

annual commitment of food assistance, set in accordance with its laws and

regulations. Each Party's commitment is referred to as its "minimum annual

commitment".

2. The minimum annual commitment shall be expressed in terms of value

or quantity as further elaborated in the Rules of Procedure and

Implementation. A Party may choose to express either a minimum value or a

minimum quantity, or a combination of both for its commitment.

3. Minimum annual commitments in terms of value can be expressed in the

currency chosen by the Party. Minimum annual commitments in terms of

quantity can be expressed in tonnes of grain equivalent or other units of

measure provided under the Rules of Procedure and Implementation.

4. Each Party shall notify the Secretariat of its initial minimum annual

commitment as soon as possible and no later than six months following the

entry into force of this Convention, or within three months of its accession to

this Convention.

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5. Each Party shall notify the Secretariat of any change to its minimum

annual commitment for subsequent years no later than the fifteenth day of

December of the year preceding the change.

6. The Secretariat shall communicate the updated minimum annual

commitments to all of the Parties as soon as possible and no later than the first

day of January of each year.

7. Contributions made to meet minimum annual commitments should be

made in fully grant form whenever possible. With respect to food assistance

counted towards a Party's commitment, not less than 80 per cent provided to

Eligible Countries and Eligible Vulnerable Populations, as further elaborated

in the Rules of Procedure and Implementation, shall be in fully grant form. To

the extent possible, the Parties shall seek progressively to exceed this

percentage. Contributions that are not made in fully grant form should be

accounted for in each Party's annual report.

8. The Parties shall undertake to conduct all food assistance transactions

under this Convention in such a way as to avoid harmful interference with

normal patterns of production and international commercial trade.

9. The Parties shall ensure that the provision of food assistance is not tied

directly or indirectly, formally or informally, explicitly or implicitly, to

commercial exports of agricultural products or other goods and services to

recipient countries.

10. To meet its minimum annual commitment, whether expressed in value

or quantity, a Party shall make contributions that are consistent with this

Convention and that consist of funding for Eligible Products and Activities,

and Associated Costs, as set forth in Article 4, and as further elaborated in the

Rules of Procedure and Implementation.

11. Contributions provided to meet the minimum annual commitment under

this Convention may only be directed at Eligible Countries or Eligible

Vulnerable Populations, as set forth in Article 4 and as further elaborated in the

Rules of Procedure and Implementation.

12. The Parties' contributions may be provided bilaterally, through

intergovernmental or other international organisations, or through other food

assistance partners, but not through other Parties.

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13. Each Party shall make every effort to meet its minimum annual

commitment. If a Party is unable to meet its minimum annual commitment for

a particular year, it shall describe the circumstances of its failure to do so in its

annual report for that year. The unfulfilled amount shall be added to the Party's

minimum annual commitment for the following year unless the Committee

established under Article 7 decides otherwise, or unless extraordinary

circumstances justify not doing so.

14. If a Party's contribution exceeds its minimum annual commitment, the

amount of the excess, but not more than five per cent of its minimum annual

commitment, may be counted as part of the Party's contribution for the

following year.

ARTICLE 6

ANNUAL REPORTING AND INFORMATION SHARING

1. Within ninety days after the end of the calendar year, each Party shall

provide an annual report, in accordance with the Rules of Procedure and

Implementation, to the Secretariat, detailing how it met its minimum annual

commitment under this Convention.

2. This annual report shall contain a narrative component that may include

information on how the Party's food assistance policies, programs and

operations contribute to the objectives and principles of this Convention.

3. The Parties should, on an ongoing basis, exchange information on their

food assistance policies and programs and the results of their evaluations of

these policies and programs.

ARTICLE 7

FOOD ASSISTANCE COMMITTEE

1. A Food Assistance Committee (the "Committee"), consisting of all of

the Parties to this Convention, is hereby established.

2. The Committee shall make the decisions at its formal sessions and

perform the functions that are required to carry out the provisions of this

Convention in accordance with the principles and objectives of the Convention.

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3. The Committee shall adopt rules governing its proceedings; it may also

adopt rules elaborating further the provisions of this Convention to ensure that

they are properly implemented. Document FAC(11/12)1 — 25 April 2012 of the

Food Aid Committee of the Food Aid Convention, 1999 shall serve as the

initial Rules of Procedure and Implementation for this Convention. The

Committee may subsequently decide to modify those Rules of Procedure and

Implementation.

4. The Committee shall make decisions by consensus, meaning that no

Party formally opposes the proposed decision of the Committee on a matter

under discussion at a formal session. Formal opposition may occur either at the

formal session or within thirty days after the circulation of the minutes of a

formal session recording the proposed decisions concerned.

5. For each year, the Secretariat shall prepare a summary report for the

Committee, to be drafted, adopted and published, in accordance with the Rules

of Procedure and Implementation.

6. The Committee should provide a forum for discussion among the Parties

with respect to food assistance matters, such as the need to mobilise

appropriate and timely resource commitments to address the food and

nutritional needs, especially in specific emergency and crisis situations. It

should facilitate information-sharing with and dissemination to other

stakeholders, and should consult with and receive information from them to

support its discussions.

7. Each Party shall designate a representative to receive notices and other

communications from the Secretariat.

ARTICLE 8

CHAIRPERSON AND VICE-CHAIRPERSON

OF THE COMMITTEE

1. At the last formal session held in each year, the Committee shall decide

on a Chairperson and a Vice-Chairperson for the following year.

2. The Chairperson shall have the following duties:

(a) to approve the draft agenda for each formal session or informal

meeting;

(b) to preside at formal sessions or informal meetings;

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(c) to open and close each formal session or informal meeting;

(d) to submit the draft agenda to the Committee for adoption at the

beginning of each formal session or informal meeting;

(e) to direct discussions and ensure that the procedures specified in

the Rules of Procedure and Implementation are observed;

(f) to invite the Parties to speak;

(g) to rule on points of order in accordance with the relevant Rules of

Procedure and Implementation; and

(h) to ask questions and announce decisions.

3. If the Chairperson is absent from all or part of a formal session or an

informal meeting, or is temporarily unable to fill the office of Chairperson, the

Vice-Chairperson shall act as Chairperson. In the absence of the Chairperson

and the Vice-Chairperson, the Committee shall appoint a temporary

Chairperson.

4. If, for any reason, the Chairperson is unable to continue to fill the office

of Chairperson, the Vice-Chairperson shall become Chairperson until the end

of the year.

ARTICLE 9

FORMAL SESSIONS AND INFORMAL MEETINGS

1. The Committee shall hold formal sessions and informal meetings

according to the Rules of Procedure and Implementation.

2. The Committee shall hold at least one formal session a year.

3. The Committee shall hold additional formal sessions and informal

meetings at the request of the Chairperson or at the request of at least three of

the Parties.

4. The Committee may invite observers and relevant stakeholders who

wish to discuss particular food assistance related matters to attend its formal

sessions or informal meetings in accordance with the Rules of Procedure and

Implementation.

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5. The Committee shall meet at a location determined in accordance with

the Rules of Procedure and Implementation.

6. The agenda for formal sessions and informal meetings shall be

developed in accordance with the Rules of Procedure and Implementation.

7. The minutes of a formal session, which shall include any proposed

decisions of the Committee, shall be circulated within thirty days after the

formal session.

ARTICLE 10

SECRETARIAT

1. The Committee shall designate a Secretariat and request its services, in

accordance with the Rules of Procedure and Implementation. The Committee

shall request of the.International Grains Council (IGC) that its Secretariat act

as the initial Secretariat of the Committee.

2. The Secretariat shall perform the duties that are set out in this

Convention and the Rules of Procedure and Implementation, perform any

administrative duties, including the processing and distribution of documents

and reports, and carry out other functions identified by the Committee.

ARTICLE 11

RESOLUTION OF DISPUTES

The Committee shall seek to resolve any dispute among the Parties

concerning the interpretation or implementation of this Convention or the

Rules of Procedure and Implementation, including any claim of failure to

perform the obligations set out in this Convention.

ARTICLE 12

SIGNATURE AND RATIFICATION, ACCEPTANCE,

OR APPROVAL

This Convention shall be open for signature by Argentina, Australia, the

Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria,

Canada, the Republic of Croatia, the Republic of Cyprus, the Czech Republic,

the Kingdom of Denmark, the European Union, the Republic of Estonia, the

Republic of Finland, the French Republic, the Federal Republic of Germany,

the Hellenic Republic, Hungary, Ireland, the Italian Republic, Japan, the

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Republic of Latvia, the Republic of Lithuania, the Grand Duchy of

Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the

Kingdom of Norway, the Republic of Poland, the Portuguese Republic,

Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of

Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom

of Great Britain and Northern Ireland, and the United States of America, at

United Nations Headquarters in New York from 11 June 2012 until

31 December 2012. This Convention shall be subject to ratification, acceptance

or approval by each Signatory. Instruments of ratification, acceptance or

approval shall be deposited with the Depositary.

ARTICLE 13

ACCESSION

1. Any State listed in Article 12 that has not signed this Convention by the

end of the signature period, or the European Union if it has not signed by that

time, may accede to it at any time after that period. Instruments of accession

shall be deposited with the Depositary.

2. Once this Convention has entered into force in accordance with

Article 15, it shall be open for accession by any State other than those referred

to in Article 12 or by a Separate Customs Territory possessing full autonomy in

the conduct of its external commercial relations that is deemed eligible by a

decision of the Committee. Instruments of accession shall be deposited with

the Depositary.

ARTICLE 14

NOTIFICATION OF PROVISIONAL APPLICATION

Any State referred to in Article 12, or the European Union, that intends

to ratify, accept, or approve this Convention or accede thereto, or any State or

Separate Customs Territory deemed eligible under Article 13(2) for accession

by a decision of the Committee but has not yet deposited its instrument, may at

any time deposit a notification of provisional application of this Convention

with the Depositary. The Convention shall apply provisionally for that State,

Separate Customs Territory, or the European Union from the date of deposit of

its notification.

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ARTICLE 15

ENTRY INTO FORCE

1. This Convention shall enter into force on 1 January 2013 if by

30 November 2012 five Signatories have deposited instruments of ratification,

acceptance, or approval.

2. If this Convention does not enter into force in accordance with

paragraph 1, the Signatories to this Convention that have deposited instruments

of ratification, acceptance, or approval and States or the European Union that

have deposited instruments of accession pursuant to Article 13(1) may decide

by unanimous consent that it shall enter into force among themselves.

3. For any State or Separate Customs Territory, or the European Union, that

ratifies, accepts, approves, or accedes to the Convention after the Convention

enters into force, this Convention shall enter into force on the date of the deposit

of its instrument of ratification, approval, acceptance, or accession.

ARTICLE 16

ASSESSMENT AND AMENDMENT PROCEDURE

1. At any time after the entry into force of this Convention, a Party may

propose an assessment of the relevance of this Convention or propose

amendments to it. Any proposed amendments shall be circulated by the

Secretariat to all of the Parties at least six months in advance and discussed at

the next formal session of the Committee following the end of the notice period.

2. Proposals for amendment to this Convention shall be adopted by decision

of the Committee. The Secretariat shall communicate to all of the Parties, and to

the Depositary, any proposals for amendment adopted by the Committee. The

Depositary shall circulate any adopted amendment to all Parties.

3. Notification of acceptance of an amendment shall be sent to the

Depositary. An adopted amendment shall enter into force for those Parties

having sent that notification, ninety days after the date on which the

Depositary has received such notifications from not less than four fifths of the

number of Parties to this Convention on the date of adoption of the proposed

amendment by the Committee. Such an amendment shall enter into force for

any other Party ninety days after that Party deposits its notification with the

Depositary. The Committee may decide that a different threshold be used for

the number of notifications required to trigger the entry into force of a specific

amendment. The Secretariat shall communicate such a decision to all Parties

and the Depositary.

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ARTICLE 17

WITHDRAWAL AND TERMINATION

1. Any Party may withdraw from this Convention at the end of any year by

giving written notice of withdrawal to the Depositary and the Committee at

least ninety days prior to the end of that year. That Party shall not be released

from its minimum annual commitment or reporting obligations incurred under

this Convention, while it was a Party, that have not been discharged by the end

of that year.

2. At any time after the entry into force of this Convention, a Party may

propose the termination of this Convention. Such a proposal shall be

communicated in writing to the Secretariat and shall be circulated by it to all

of the Parties at least six months in advance of its consideration by the

Committee.

ARTICLE 18

DEPOSITARY

1. The Secretary-General of the United Nations is designated as the

Depositary of this Convention.

2. The Depositary shall receive notice of any signature, ratification,

acceptance, approval, notification of provisional application of, and accession

to, this Convention, and notify all Parties and Signatories of these notices.

ARTICLE 19

AUTHENTIC TEXTS

The originals of this Convention, of which the English and French texts

are equally authentic, shall be deposited with the Secretary-General of the

United Nations.

IN WITNESS THEREOF the undersigned, being duly authorised, have signed

this Convention.

DONE at London, 25 April 2012.

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NOTE: Only English text of Convention will be printed in this publication.
Patricia O'Brien

I hereby certify that the foregoing

text is a true copy of the Food

Assistance Convention, done at

London on 25 April 2012, the original

of which is deposited with the

Secretary-General of the United

Nations.

Je certifie que le texte qui precede est

une copie conforme de la Convention

relative a l'assistance alimentaire, faite a

Londres le 25 avril 2012, et dont

l'original se trouve depose aupres du

Secretaire general des Nations Unies.

For the Secretary-General, Pour le Secretaire general,

The Legal Counsel Le Conseiller juridique

(Under-Secretary-General (Secretaire general adjoint

for Legal Affairs) aux affaires juridiques)

United Nations Organisation des Nations Unies

New York, 8 May 2012 New York, le 8 mai 2012