CP/RES. 900 (1532/06)

THE INTER-AMERICAN DEFENSE BOARD AS AN ENTITY OF THE
ORGANIZATION OF AMERICAN STATES AND APPROVAL OF ITS STATUTES

 (Adopted ad referendum at its session held on March 1, 2006)

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

HAVING SEEN the Report of the Committee on Hemispheric Security on the juridical and institutional link between the Organization of American States and the Inter-American Defense Board (CP/CSH-746/06 rev. 1); and

CONSIDERING:

That the Inter-American Defense Board (“IADB” or “the Board”) was created by resolution of the Third Meeting of Consultation of Ministers of Foreign Affairs of the American Republics in 1942, and subsequently strengthened by Resolutions VII and XXXIV of the Ninth International Conference of American States, the same Conference that gave birth to the OAS and its 1948 Charter, as well as by resolution III of the Fourth Meeting of Consultation of Ministers of Foreign Affairs adopted in 1951;

That the Board and the Organization of American States (“OAS” or “the Organization”) share common objectives under the OAS Charter and respect for the principle of civilian oversight of the armed forces within the context of representative democracy;

That by resolution AG/RES. 1240 (XXIII-O/93), the General Assembly reiterated “the need to define the legal-institutional relationship between the Inter-American Defense Board and the Organization of American States”;

That in resolution AG/RES. 1848 (XXXII-O/02) the General Assembly directed the Permanent Council “to examine the relationship between the OAS and the IADB and make recommendations to the General Assembly and the IADB for modifying the IADB’s basic structure and instruments to the extent necessary to clarify and obtain consensus on its status with respect to the OAS, including the principle of civilian oversight and the democratic formation of its authorities”;

That through its resolutions AG/RES. 1908 (XXXII-O/02) and AG/RES. 1940 (XXXIII-O/03) the General Assembly established a working group to study and make recommendations related to modernizing and changing the IADB and defining its juridical link with the OAS;

That in resolution AG/RES. 1998 (XXXIV-O/04) the General Assembly instructed the Permanent Council “to conclude its analysis and discussions on the juridical and institutional link between the OAS and the Inter-American Defense Board”;

That in the resolution AG/RES. 2117 (XXXV-O/05), the General Assembly took note of “the analysis and discussions on the juridical and institutional link between the OAS and the IADB, especially in connection with the nature, purpose, and functions of the IADB, as reflected in the report of the Chair of the Committee on Hemispheric Security (CP/CSH-721/05)” and requested that the Permanent Council conclude, through the Committee on Hemispheric Security, “the analysis and its discussions on the topic, and to prepare and approve, by no later than December 31, 2005, ad referendum of the General Assembly, a statute for the IADB to replace its current regulations and amend its basic structure and its relationship with the OAS”;

That the “Declaration on Security in the Americas”, adopted by the OAS Member States at the Special Conference on Security held in Mexico City, October 2003, reiterates in paragraph 49 “the need to clarify the juridical and institutional relationship between the Inter-American Defense Board (“IADB”) and the OAS” and similarly urges the Permanent Council to make specific proposals to the General Assembly for that purpose;

That the General Assembly is the supreme organ of the Organization authorized under Article 54 of the Charter to “decide the general action and policy of the Organization, determine the structure and functions of its organs …” and “… to establish measures for coordinating the activities of the organs, agencies, and entities of the organization among themselves, and such activities with those of the other institutions of the inter-American system;” and

That Article 53 of the OAS Charter includes among the organs of the OAS “entities” that “may be established in addition to those provided for in the Charter and in accordance with the provisions thereof”,

RESOLVES:

1. To establish the Inter-American Defense Board (IADB) as an “entity” of the Organization under Article 53 of the OAS Charter, and to approve its Statutes, attached to this Resolution.

2. That the IADB Statutes shall enter into force as of the date of the adoption of this resolution ad referendum of the General Assembly.

3. That those IADB officials currently occupying posts which are to be filled by election under the Statute may remain in those posts until the period for which they were appointed ends or their assignment from the sending state ends, whichever occurs first.

4. To convene the thirty-second special session of the General Assembly to adopt the Statutes of the Inter-American Defense Board, on March 16, 2006, at the headquarters of the Organization.

Annex

STATUTES OF THE INTER-AMERICAN DEFENSE BOARD

CHAPTER I NATURE, PURPOSE, AND FUNCTIONS

Article 1. Nature

1.1 The Inter-American Defense Board (“IADB”) is an entity of the Organization of American States (“OAS”) established under the last paragraph of Article 53 of the OAS Charter.

1.2 The IADB enjoys technical autonomy in carrying out the purpose and functions contained in these Statutes, taking into account the mandates of the OAS General Assembly, the OAS Meeting of Consultation of Ministers of Foreign Affairs (“Meeting of Consultation”), and the OAS Permanent Council, within their respective areas of competence.

1.3 The IADB embodies in its structure and its operations the principles of civilian oversight and the subordination of military institutions to civilian authority, in keeping with Article 4 of the Inter-American Democratic Charter, as well as the principle of democratic formation of its authorities, to assure consistency with the democratic values of its member states and their participation on an equal basis.

Article 2. Purpose

2.1 The purpose of the IADB is to provide the OAS and its member states with technical and educational advice and consultancy services on matters related to military and defense issues in the Hemisphere in order to contribute to the fulfillment of the OAS Charter.

2.2 In carrying out its purpose, the IADB shall take into account the needs of the smaller states, whose level of vulnerability is greater in the face of traditional threats and of new threats, concerns, and other challenges.

Article 3. Functions

The IADB shall have the following specific functions:

a. To provide technical and educational advice and consultancy services on matters related to military and defense issues to:

i. The OAS organs and the dependencies of the General Secretariat, upon their request; and

ii. The OAS member states upon their request, informing the OAS Permanent Council beforehand, through the Committee on Hemispheric Security, of the content of the request and reporting subsequently to the said Committee on the results of the assistance provided by the IADB;

b. To offer to military officers and civilian officials from the OAS member states, through its Inter-American Defense College in Washington, D.C., advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines;

c. To promote interaction and cooperation between and among ranking civilian officials and military officers from the OAS member states on matters related to military and defense issues;

d. To provide OAS member states with technical advisory services on comprehensive mine action in the Hemisphere, including cooperation with the OAS General Secretariat;

e. To provide OAS member states with technical advisory services in the management, security, and destruction of weapon stockpiles;

f. To provide OAS member states with technical advisory services in developing national defense doctrine and policy papers (“White Papers”);

g. To provide OAS member states with technical advisory services in developing other studies and papers on matters within the competence of the IADB;

h. To provide OAS member states with technical advisory services in the development of transparency measures and confidence- and security-building measures;

i. To maintain, for the OAS, updated inventories of confidence- and security-building measures both in the Hemisphere and in other regions, as well as an electronic database of the information contained in those inventories; and to prepare, when requested, studies on such measures and draft guidelines for the standardized presentation of reports on the application of such measures by member states;

j. To promote interaction and cooperation with other regional and global organizations of a similar nature related to technical aspects of military and defense issues; k. To provide OAS member states with technical advice and consultancy services for relief and humanitarian assistance in the case of disasters; and

l. To provide OAS member states with technical advice and consultancy services for search and rescue.

CHAPTER II PARTICIPATION

Article 4. Members

4.1 Upon submission of a written request for membership to the Chair of the IADB Council of Delegates (“the Chair”), any OAS member state shall become a member state (“member”) of the IADB.

4.2 The right to participate as a member in the IADB may be suspended under the following circumstances:

a. Application by the OAS General Assembly of Article 9 of the OAS Charter; and

b. Application by the OAS General Assembly of Article 21 of the Inter-American Democratic Charter.

4.3 A suspended member shall not be taken into account for purposes of determining quorum and necessary voting majorities for the Council of Delegates; nor shall officials from suspended members be eligible to serve as elected officers of the IADB.

4.4 A member may withdraw from the IADB with one year’s advance written notice to the Chair and, upon the effective date of withdrawal, membership in the IADB will cease. Similarly, the membership in the IADB of any member state that withdraws from the OAS shall cease upon the effective date of that withdrawal.

4.5 A member that has been suspended under Article 4.2 shall be reinstated once the suspension by the OAS General Assembly has been lifted, and a member that has voluntarily withdrawn may request reinstatement as a new member under Article 4.1.

Article 5. Permanent Observers

5.1 Upon submission of a written request to the Chair, any OAS member state which is not an IADB member and which has not been suspended from the OAS or the IADB, as well as any permanent observer to the OAS, shall become a permanent observer to the IADB.

5.2 Any other member state of the United Nations may request permanent observer status from the IADB, in accordance with requirements and procedures established by the Council of Delegates, and subject to the approval of the OAS Permanent Council.

5.3 Permanent observers may attend the meetings of the Council of Delegates and may enjoy such other additional privileges that the Council of Delegates may extend to them. They shall not, however, speak at the meetings of the Council of Delegates without the permission of the Chair.

Article 6. Other Observers

6.1 The Secretary General of the OAS or his/her representative, and the representatives of the other OAS organs may participate as observers in the meetings of the Council of Delegates.

6.2 Member states of the United Nations that are neither OAS member states nor permanent observers and other regional and global public international organizations with interests and functions similar to those of the IADB, including, but not limited to, those in the United Nations system, may participate as observers in particular IADB meetings and other activities sponsored by the IADB.

6.3 The following agencies, entities, and organizations may also participate as observers in IADB meetings and activities:

a. Other agencies and entities of member states of the United Nations, except for those agencies and entities whose headquarters or principal activity is in a territory over which there exists a sovereignty dispute between an OAS member state and a state outside the American Hemisphere.

b. Civil society organizations, except for those organizations whose headquarters or principal activity is in a territory over which there exists a sovereignty dispute between an OAS member state and a state outside the American Hemisphere.

6.4 Those states, agencies, and other entities wishing to participate as observers in a particular meeting or activity shall request it in writing from the Chair of the Council of Delegates within 30 days prior to the meeting or activity or within such other lesser period as may be determined by the Council of Delegates in its Rules of Procedure. In each case, the Chair will decide on the request, upon consultation with the members of the Council of Delegates.

6.5 Observers may attend the meeting or activity in which they wish to participate. However, they may speak only at the invitation of the Chair or other presiding official, as the case may be.

Article 7. Experts and Other Guests

7.1 The Chair, upon consultation with the members, may invite experts and other guests to participate in the meetings of the Council of Delegates and other activities of the IADB.

7.2 Experts and other guests shall participate in accordance with the terms of their invitation in each case; however, under no circumstances shall they be entitled to speak without the permission of the Chair.

Article 8. Costs

The IADB may request permanent observers, other observers, experts, and other guests to defray the costs associated with their participation, including, but not limited to, the costs of translating, reproducing, and distributing their documents to other participants.

CHAPTER III STRUCTURE

Article 9. Organs

The IADB shall have the following organs:

a. The Council of Delegates;

b. The Secretariat; and

c. The Inter-American Defense College (“IADC”).

CHAPTER IV COUNCIL OF DELEGATES

Article 10. Purpose

The Council of Delegates (“the Council”) is the highest representative body of the IADB established to:

a. Develop and adopt the policies, activities, and directives of the IADB, within the directives established by the OAS General Assembly, the OAS Meeting of Consultation, and the OAS Permanent Council; and

b. Oversee the implementation of those policies, activities, and directives by the IADB’s Secretariat and the IADC.

Article 11. Functions

The Council shall have the following functions:

a. Establish the policies and strategic objectives of the IADB within the directives and limitations established in these Statutes and the resolutions of the OAS General Assembly, the OAS Meeting of Consultation, and the OAS Permanent Council;

b. Analyze and approve the annual budget of the IADB; prepare, for submission to the OAS Secretary General, the IADB’s annual proposal for an appropriation from the OAS program-budget; and approve measures for financing the IADB’s activities;

c. Oversee, analyze, and evaluate the implementation of the IADB’s projects and activities;

d. Issue directives and operational guidelines to the Director General and to the IADC Director;

e. Approve the academic programs of the IADC based on the recommendations of the IADC Director and academic advisors consulted for that purpose;

f. Oversee the management of all resources entrusted to the IADB;

g. Adopt Rules of Procedure of the Council, as well as staff rules and financial rules of the IADB;

h. Reinstate members that so request, in accordance with Article 4.5 of these Statutes;

i. Elect and remove its Chair and other officers of the IADB, as provided in these Statutes and in the Rules of Procedure of the Council;

j. Propose to the OAS Permanent Council, for adoption by the OAS General Assembly, amendments to these Statutes;

k. Report to the OAS General Assembly annually on the IADB’s activities in accordance with directives established by the OAS General Assembly;

l. Establish committees, subcommittees, working groups, and other subsidiary organs to assist it in carrying out its functions;

m. Establish directives for cooperation agreements between the IADB and other regional and global organizations on matters related to military and defense issues; and

n. Perform such other tasks as specified under these Statutes or as may be assigned by the OAS General Assembly, the OAS Meeting of Consultation, or the OAS Permanent Council.

Article 12. Delegations

12.1 The Council shall be composed of delegations from each member, led by a chief of delegation. Each member shall have the right to one vote in the Council’s meetings.

12.2 Chiefs of delegation shall be appointed by their respective governments.

12.3 Chiefs of delegation should preferably be high-ranking officers or civilian officials having knowledge of matters related to military and defense issues.

12.4 Chiefs of delegation represent their respective governments in the IADB through their participation in meetings of the Council and other IADB activities.

12.5 Chiefs of delegation are the official liaisons between the IADB and their respective governments, and between the IADB and their respective permanent representatives to the OAS.

12.6 Each member may appoint to its delegation alternate delegates, advisors, and other personnel. Alternate delegates should have knowledge of matters related to military and defense issues and, in the absence of the chief of delegation, shall be authorized to represent that member at Council meetings and other IADB meetings and activities.

12.7 Each member shall, through its Ministry of Foreign Affairs, accredit its chief of delegation and other members of its delegation by presenting credentials to the Chair.

12.8 Delegates and other members of delegations may not hold staff positions in the organs of the IADB; however, they may participate in committees, subcommittees, working groups, and other subsidiary organs as may be constituted by the Council or its Chair.

Article 13. Meetings

13.1 Regular and special meetings: The Council shall hold regular and special meetings for the purpose of taking decisions necessary for carrying out its functions. These meetings shall be convened by the Chair or by the Vice-Chair in the absence of the Chair. Minutes must be taken and distributed to the members. Unless otherwise stated herein, voting and debate at these meetings shall proceed in accordance with the Council’s Rules of Procedure.

a. Regular meetings shall be convened at intervals specified in the Council’s Rules of Procedure or as otherwise established in a schedule of meetings approved by the Council. The Council shall also hold a regular meeting once a year for the principal purpose of commemorating the anniversary of the IADB.

b. Special meetings shall be convened upon the request of at least five members to address urgent, sensitive, or otherwise unanticipated matters.

13.2 Informal meetings: Informal meetings are convened by the Chair or by the Vice-Chair in the absence of the Chair for the purpose of exchanging views informally on matters of mutual interest. No formal decisions are taken and minutes are not required.

Article 14. Quorum and Voting

14.1 A quorum of a one-third of the members is required to begin regular and special meetings. 14.2 A vote of two-thirds of the members is necessary to adopt the annual budget and to remove from office the Chair, the Vice-Chair, or any other elected official of the IADB.

14.3 All other decisions, including those to elect the Chair, the Vice-Chair, and other officers shall require a vote in favor by the majority of the members. For purposes of these Statutes, a majority is more than 50 percent.

14.4 No committee, subcommittee, or working group shall meet without a quorum of at least one-third of its members and each shall adopt decisions and recommendations by a majority vote of its members present, without prejudice to the right to adopt different voting rules after its first meeting.

Article 15. Elections

15.1 For the elected positions indicated in these Statutes, the Council shall, to the extent feasible, follow the criteria of rotation and equitable geographic representation.

15.2 In order to ensure transparency in the electoral process, each country that puts forward a candidate for elected office shall provide the members with the candidate's curriculum vitae in a timely manner, along with all other information requested by the Council in accordance with its Rules of Procedure.

Article 16. The Chair and the Vice-Chair

16.1 The Chair shall be elected by the Council at a regular meeting for a term of one year beginning on July 1 and ending on June 30, with the possibility of being immediately reelected once for the same period, in keeping with the principles and values set out in Article 1.3. The Chair should meet the same criteria as those established for a chief of delegation in Article 12.3.

16.2 The Chair shall be directly responsible to the Council and shall:

a. Convene and preside over the meetings of the Council;

b. Coordinate the work of the Council;

c. Represent the IADB at the meetings of the OAS and in its external relations;

d. Provide the OAS General Assembly, the OAS Meeting of Consultation, the OAS Permanent Council, and other OAS organs, when necessary, with reports requested or required under agreements with them;

e. Preside over the IADB’s ceremonial activities; and

f. Perform such other duties as specified in these Statutes or as assigned by the Council.

16.3 The Vice-Chair shall be elected by the Council at a regular meeting for a term of one year beginning on December 1 and ending on November 30, with the possibility of being immediately reelected once for the same period. The Vice-Chair should meet the same criteria as those established for a chief of delegation in Article 12.3 and shall:

a. Serve as advisor to the Chair;

b. Replace the Chair in the performance of the Chair’s duties when the Chair is unable to perform them or otherwise delegates them to the Vice-Chair;

c. Coordinate the committees, subcommittees, and working groups of the Council; and

d. Perform such other duties as may be assigned by the Council or the Chair.

16.4 The Chair and the Vice-Chair shall receive from the Secretariat such staff assistance as may be reasonable and necessary for the performance of their duties.

CHAPTER V SECRETARIAT

Article 17. Structure and Functions

17.1 The Secretariat shall be comprised of the General Directorate, the Sub-Secretariat for Advisory Services, and the Sub-Secretariat for Administrative and Conference Services.

17.2 The Secretariat shall serve as the permanent administrative organ of the IADB and shall carry out the following functions:

a. Implement the resolutions, directives, and other decisions of the Council;

b. Prepare the annual program-budget of the IADB and submit it to the Council for approval;

c. Provide on a permanent basis secretariat services for the Council, committees, subcommittees, working groups, and other subsidiary organs, and for the Chair and the Vice-Chair, and carry out their directives and assignments;

d. Provide technical advice to the Council, committees, subcommittees, working groups, and other subsidiary organs, and for the Chair and the Vice-Chair;

e. Serve as the custodian of the documents and archives of the IADB;

f. Prepare reports for the Chair to present to the OAS General Assembly, the OAS Meeting of Consultation, the OAS Permanent Council, and other OAS organs, as requested or required under agreements with them and subject to the approval of the Council;

g. Develop, in accordance with directives established by the Council, cooperative relations with global and other international and regional organizations on matters related to military and defense issues;

h. Administer the financial resources of the IADB and duly account to the Council for same;

i. Maintain cooperative relations with the OAS General Secretariat;

j. Carry out such other functions as are specified in these Statutes or as the Council may assign; and

k. Provide administrative support to the IADC.

Article 18. General Directorate

18.1 The Director General, under the supervision of the Council, is in charge of the General Directorate, shall be the legal representative of the IADB and chief executive officer of the IADB, and shall have the authority to direct and administer the Secretariat to carry out its functions, obligations, and responsibilities. The Director General is directly responsible to the Council and accountable to it for his/her actions.

18.2 The Director General shall be a high-ranking officer or a civilian official of an IADB member having knowledge of matters related to military and defense issues. He/she shall be elected by the Council by a majority vote of its members for a term of two years, with the possibility of being immediately reelected once for the same period. The corresponding member state must assign him/her to the IADB.

18.3 In addition to being responsible for the functions set out in Article 18.1 above, the Director General shall, under the Council’s oversight:

a. Determine the number of Secretariat staff members; regulate their powers rights, and duties; fix their remuneration; and appoint and remove them, in accordance with the annual program-budget and other resolutions of the Council;

b. Participate in the meetings of the Council with voice but without vote;

c. Provide the Council with:

i. Reports on the IADB’s activities, its financial situation, and its relations with other organizations; and

ii. Other information requested by the Council; d. Bring to the Council's attention information on matters related to the IADB's purpose;

e. Sign and execute cooperative agreements with other organizations in accordance with directives established by the Council, and inform the Council of those agreements;

f. Administer and ensure compliance with the IADB’s rules, regulations, and other Council directives;

g. Reorganize the Secretariat to maximize efficiencies, in keeping with the Council's directives;

h. Contract goods and services for the Secretariat within the limitations of the program-budget and other Council directives;

i. Supervise and take responsibility for the technical advisory and consultancy services provided by the Secretariat;

j. Promulgate administrative issuances for the purpose of carrying out the functions established in these Statutes; and

k. Carry out all other mandates assigned by the Council.

18.4 The Director General may delegate functions and grant powers to other staff members of the Secretariat but shall remain responsible to the Council for all actions taken pursuant to such delegations.

Article 19. Sub-Secretariat for Advisory Services

19.1 The Sub-Secretariat for Advisory Services (“SAS”) shall provide technical advice to the Council and other areas of the Secretariat on matters related to military and defense issues.

19.2 The SAS shall have a Director, who shall be a high-ranking officer or a civilian official of an IADB member having knowledge of matters related to military and defense issues. The SAS Director shall be elected by the Council by a majority vote of its members for a term of two years, with the possibility of being immediately reelected once for the same period.

19.3 The SAS Director is responsible to the Director General, in accordance with the directives and policies established by the Council. At the invitation of the Director General, the SAS Director may report on its work to the Council.

19.4 In addition to the Director, the SAS shall include personnel assigned by the members to the IADB for the purpose of providing technical advice to the Council and other IADB organs.

19.5 The SAS Director may appoint a Vice-Director from the SAS staff to assist him/her in the performance of the SAS Director’s functions. The Vice-Director shall be a commissioned officer or a civilian official of a member having knowledge of matters related to military and defense issues.

Article 20. Sub-Secretariat for Administrative and Conference Services

20.1 The Sub-Secretariat for Administrative and Conference Services (“SACS”) shall be responsible for providing the Director General with all the support for performing all the functions assigned to the Secretariat under these Statutes, other than the technical advisory functions assigned to the SAS.

20.2 The SACS shall have a Director, who shall be a high-ranking officer or a civilian official of an IADB member having knowledge of matters within the competence of the IADB. The SACS Director shall be elected by the Council by a majority vote of its members for a term of two years, with the possibility of being immediately reelected once for the same period. The SACS Director may be removed by the Council by a two-thirds majority vote of its members.

20.3 The SACS Director is responsible to the Director General, in accordance with the directives and policies established by the Council.

20.4 In addition to the Director, the SAS shall include professional and other support personnel with the skills necessary for the performance of its functions.

20.5 The SACS Director may appoint a Vice-Director from among the personnel assigned by the members to the IADB to assist him/her in the performance of his/her functions. The Vice-Director shall be a commissioned officer or a civilian official of a member having knowledge of matters within the competence of the IADB.

Article 21. Human Resources

21.1 The Secretariat may obtain human resources by retaining the services of either staff members or independent contractors. a. Staff members of the Secretariat shall include only those persons designated as staff members in their documents of appointment with the IADB. They shall either be contracted directly as staff members or be military officers and civilian officials provided by the members to the IADB under secondment arrangements.

b. Independent contractors are persons, legal and natural, contracted to provide work products or services to the Secretariat, normally on a short and temporary basis, under a performance contract. They are not personnel or employees of the Secretariat, and a performance contract does not create an employment relationship between the Secretariat and a person.

21.2 In selecting the staff of the IADB, first consideration shall be given to efficiency, competence, and integrity, and at the same time, in the recruitment of personnel of all ranks, importance shall be given to the necessity of obtaining as wide a geographic representation as possible.

21.3 In the performance of their duties, the staff members of the Secretariat shall not seek or receive instructions from any government or any authority outside the IADB, and shall refrain from any action incompatible with their position as officers of an international organization responsible only to the IADB.

21.4 All Secretariat staff members are accountable to their immediate supervisors for their actions.

21.5 Staff members of the IADB are not staff members of the OAS General Secretariat (“GS/OAS’) and are not entitled to the benefits conferred upon GS/OAS staff members under the General Standards to Govern the Operations of the General Secretariat (“OAS General Standards”), the OAS Staff Rules, and resolutions of the OAS General Assembly; however, staff members of the IADB may be temporarily designated associate staff members of the General Secretariat under the applicable OAS General Standards and staff rules governing associate staff members, and staff members of either organ may be seconded to the other in accordance with their respective rules.

CHAPTER VI INTER-AMERICAN DEFENSE COLLEGE

Article 22. Function

The function of the Inter-American Defense College (“IADC”) is to develop and provide opportunities to military officers and civilian officials from OAS member states for advanced academic courses related to military and defense issues, the inter-American system, and related disciplines.

Article 23. IADC Director

23.1 The IADC shall have a Director, who shall be a high-ranking officer or a civilian official having knowledge of matters related to military and defense issues. The Director shall be elected by the Council, bearing in mind the OAS Charter, the OAS Permanent Council's decision, and the established practice of the IADB, for a term of two years, with the possibility of being immediately reelected once for the same period.

23.2 The IADC Director is responsible to the Council for the management of the IADC, in accordance with directives and policies established by the Council.

Article 24. Other IADC Officials

24.1 The Council shall elect a Vice-Director and a Chief of Studies, having different nationalities from that of the Director, each for a term of two years, with the possibility of being immediately re-elected once for the same period. The duties of those officials shall be proposed by the Director and approved by the Council. Both officers shall be directly responsible to the Director.

24.2 The Vice-Director shall be a high-ranking officer or civilian official of an IADB member having knowledge of matters related to military and defense issues and must be assigned by that member to the IADC.

24.3 The Chief of Studies shall be a high-ranking officer or civilian official of an IADB member having knowledge of matters within the functions of the IADC, and must be assigned by that member to the IADC.

Article 25. Human Resources and Facilities

25.1 The provisions set out in Article 21 governing the human resources of the IADB Secretariat shall apply equally to the staff of the IADC.

25.2 Arrangements for the occupancy of facilities and use of equipment and supplies provided by the host country to the IADC shall be concluded by the IADC Director, in consultation with the Director General and the Council, and shall be revised and updated periodically as required.

CHAPTER VII FINANCIAL RESOURCES AND OTHER CONTRIBUTIONS

Article 26. Contribution from the OAS Regular Fund

The IADB shall receive an annual contribution under the annual program-budget approved by the OAS General Assembly.

Article 27. Voluntary Contributions

The IADB may receive voluntary contributions from members and other donors. The Secretariat shall deposit such contributions in specific funds or trust funds, in accordance with the requirements of the donor and with directives established by the Council, and shall maintain an account of the non-financial contributions received.

Article 28. Financial Rules and/or Directives

To assure transparency and orderly conduct in the business of the IADB and the management of its resources, the Council shall adopt and amend, as necessary, financial rules, directives, and other necessary regulations for the management and proper control of the IADB’s resources in accordance with commonly accepted standards.

CHAPTER VIII RELATIONS WITH OTHER OAS ORGANS

Article 29. Reports to Other OAS Organs

29.1 The IADB shall send its Annual Report on its activities and budget to the OAS General Assembly, through the GS/OAS, in accordance with such requirements as established by the OAS General Assembly and the OAS Permanent Council.

29.2 The IADB shall prepare and send to the other organs of the OAS any other reports they may request on its activities.

Article 30. Official Correspondence between the IADB and Other OAS Organs

30.1 All official correspondence from the IADB to the OAS General Assembly, the OAS Meeting of Consultation, the OAS Permanent Council, and the GS/OAS shall be addressed to the OAS Secretary General. Correspondence from the IADB to all other OAS organs shall be addressed to the chief executive officers of those organs.

30.2 All official correspondence from the OAS and its other organs to the IADB shall be addressed to the Director General.

Article 31. Coordination

31.1 The programs and activities of the IADB shall avoid duplication of effort and expenditures and shall be complementary to the activities carried out by other OAS organs.

31.2 The IADB shall participate as a member of the Committee to Coordinate Cooperation Programs of the Inter-American System and shall take its recommendations into consideration, in order to promote coordination with the other OAS organs.

31.3 The IADB shall regularly exchange information with the GS/OAS, the OAS Permanent Council, the corresponding subsidiary organs of the OAS Permanent Council, and other OAS organs and GS/OAS dependencies engaged in matters of mutual interest. Similarly, those OAS organs shall regularly exchange information of mutual interest with the IADB. Information exchanged shall include, for example, notice of upcoming meetings with their agendas, technical materials of mutual interest, copies of draft resolutions, tentative meeting agendas, and final meeting reports.

31.4 The Chair and the Vice-Chair of the Council, the Director General, and the IADC Director may attend sessions of the OAS General Assembly and meetings of other OAS organs with the right to speak, in accordance with the applicable rules of procedure. Similarly, the Secretary General, and other ranking officials of other OAS organs, the Chair of the OAS Permanent Council, and permanent and alternate representatives to the OAS may attend meetings of the Council with the right to speak, in accordance with the applicable rules of procedure.

31.5 The OAS General Assembly and OAS Councils, and the IADB may formulate recommendations to each other concerning the inclusion of items on the agendas of their respective meetings and conferences, to the extent permitted under the applicable rules of procedure.

31.6 The IADB and other OAS organs shall exchange publications of mutual interest.

31.7 The IADB Secretariat and the GS/OAS shall exchange administrative information.

CHAPTER IX MISCELLANEOUS PROVISIONS

Article 32. Headquarters and Privileges and Immunities

32.1 The IADB has its headquarters in the city of Washington, D.C., United States of America. The OAS General Secretariat shall allow the IADB to occupy and operate as its headquarters the property known as “Casa del Soldado,” located at 2600 16th St., N.W., Washington, D.C. The IADB has the status of a public international organization and its own legal personality under the laws of the host country.

32.2 The IADB and its staff members enjoy in the OAS member states privileges and immunities determined in accordance with the corresponding provisions of the OAS Charter, the laws of those states, and the agreements concluded between them and the OAS or the IADB.

32.3 As provided under the laws of its members and the agreements referenced above, the IADB, under its own legal personality, may enter into and carry out contracts or agreements; hold funds, real property, and movable property; and purchase, sell, lease, improve, or operate any goods or property.

32.4 Privileges and immunities of the delegations of the members to the Council at headquarters shall be those as provided in the applicable legislation of the headquarters country and the corresponding agreements between that country and the OAS.

Article 33. Prohibition against Discrimination

The IADB shall not allow any restriction based on race, creed, or gender with respect to eligibility to participate in the activities of the IADB or to hold positions therein.

Article 34. Internal Law and Amendments to Statutes

34.1 The hierarchy of norms within the IADB shall be as follows: The highest authority is the OAS Charter, followed in descending order by the resolutions of the OAS General Assembly, the resolutions of the OAS Meeting of Consultation, the resolutions of the OAS Permanent Council within its area of competence with respect to the IADB, the resolutions (including Rules of Procedure, staff rules, and financial rules) and other decisions of the meetings of the Council, and finally the administrative issuances of the Director General and of the IADC Director, each within its respective areas of competence.

34.2 These Statutes require the approval of the OAS General Assembly to enter into force and therefore have the status of a resolution of the OAS General Assembly within the internal law of the IADB.

34.3 These Statutes may be amended only by the OAS General Assembly upon its initiative or upon the recommendation of the OAS Permanent Council. The OAS Permanent Council, upon its own initiative or upon the recommendation of the Council, may propose amendments to these Statutes for consideration by the OAS General Assembly.