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G E N E R A L      S E C R E T A R I A T

EXECUTIVE ORDER No. 81- 5
SUBJECT:  INTERNAL REGULATORY INSTRUMENTS OF THE GENERAL SECRETARIAT:  EXECUTIVE ORDERS, DIRECTIVES OF THE SECRETARY GENERAL, AND ADMINISTRATIVE  MEMORANDA

 

THE SECRETARY GENERAL,

In exercise of the powers conferred upon him by articles 115 and 119 of the Charter of the Organization of American States and Article 11 of the General Standards to Govern the Operations of the General Secretariat,

RESOLVES:

First: The internal regulatory instruments of the General: The internal regulatory instruments of the General

Secretariat are the following:

I. Executive Orders

II. Directives of the Secretary General

III. Administrative Memoranda

Second: These instruments shall have the meaning, scope, use, and procedure for their preparation and presentation that this Executive Order establishes.: These instruments shall have the meaning, scope, use, and procedure for their preparation and presentation that this Executive Order establishes.

I. EXECUTIVE ORDERS

A. GENERAL PROVISIONS

1. Definition: The Executive Order takes precedence over all other administrative instruments within the General Secretariat, and is the administrative instrument by which the Secretary General:

a. Takes decisions on high administrative policy;

b. Establishes and eliminates instrumentalities of the General Secretariat;

c. Redistributes the functions of the existing instrumentalities;

d. Issues, revokes, or amends the regulations of the General Secretariat; and

e. Carries out the provisions of the Charter and of the

General Standards, and the resolutions of the General Assembly and the Councils of the Organization regarding the operations of the General Secretariat.

2. Authority: Executive Orders shall be issued only by decision of the Secretary General and with his signature.

3. Origin: Executive Orders may originate in the Office of the Secretary General, in the Office of the Assistant Secretary General, or in the offices of the Executive and Assistant Secretaries.

4. Format: The format of Executive Orders shall follow the model that appears as Appendix A to this Executive Order.

5. Effect: Executive Orders shall take effect on the date on which they are signed, unless they expressly provide otherwise.

6. Identification: Executive Orders shall be issued simultaneously in Spanish and in English, on blue paper, and shall be numbered consecutively by year (81-1, 81-2). They shall bear a marginal note indicating the language in which they were originally written. The original version shall be the valid one in case of any discrepancy between the texts in Spanish and in English.

7. Amendments: Substantive amendments to Executive Orders may be made only by issuing a new Executive Order that shall contain the whole text, so that there will be only one valid text.

8. Corrections: When corrections of typographical or stylistic errors are required, a corrigendum to the Executive Order, authorized by the Secretary General, shall be published.

9. Repeal: An Executive Order:

a. Shall be repealed only by another Executive Order.

b. Shall revoke or modify any Directive of the Secretary General, Administrative Memorandum, or other earlier decision that conflicts with it.

To this effect, it shall contain specific reference to whatever Executive Orders, Directives of the Secretary General, or Administrative Memoranda are revoked or modified.

B. PROCEDURE FOR PREPARATION

1. Executive Orders originating in the Office of the Secretary General: The drafts of Executive Orders originating in the Office of the Secretary General shall be prepared by the Secretariat for Legal Affairs, and consultations shall be held with the Secretariat for Management, when the Secretary General so decides, to determine administrative and budgetary implications, and with other areas of the General Secretariat when in the judgment of the Secretary General the subject matter of the Order so requires.

2. Executive Orders originating in other areas of the General Secretariat.

a. Participation of the proposing area

The proposing area shall prepare the draft of the Executive Order in a single language; shall prepare the pertinent statement of justification, including the texts of any resolution or resolutions of the General Assembly or of any of the Councils that serve as a basis for the Executive Order; and shall send the draft Executive Order and the statement of justification therefor to the Management Analysis Unit, so that the procedure may be continued as set forth in the next section.

b. Participation of the Management Analysis Unit.

The Management Analysis Unit:

i. Shall circulate the draft and the supporting documentation among all the areas of the General Secretariat, including the Secretariat for Legal Affairs, so that within a reasonable time they may make such observations as they deem appropriate.

ii. Shall review the draft Executive Order, shall incorporate those observations that the proposing area considers acceptable, and shall see to it that the draft follows the proper format.

iii. Shall prepare a dossier that contains the following:

Appendix 1. Description of the proposal and its justification.

Appendix 2. Summary of the views of other areas of the General Secretariat.

Appendix 3. Analysis of the administrative implications of the proposed order, including reference to all instruments that would be affected by it.

Appendix 4. Budgetary analysis, prepared in consultation with the Office of Program-Budget, with a projection of future costs and an indication of the source of any additional funds required.

Appendix 5. Personnel analysis, prepared in consultation with the Office of Personnel, which shall reflect the implications of the proposal with respect to personnel, including a description of the number and classes of staff members affected by it and any resulting changes in their posts or functions.

Appendix 6. Draft Executive Order, revised from the management standpoint.

c. Participation of the Secretariat for Legal Affairs.

The Secretariat for Legal Affairs:

i. Shall examine the revised text of the draft to determine that there is no incompatibility between the proposed Executive Order and the Charter, the General Standards, or resolutions of the General Assembly or of any of the Councils.

ii. Shall communicate directly with the office in which the Executive order originated and with the Management Analysis Unit if amendment of the draft is considered necessary.

iii. Shall be responsible for the final legal expression of the draft Executive Order.

iv. Shall include in the dossier, as Appendix 7, a final legal opinion on the draft Executive Order.

v. Shall submit the definitive draft to the Secretary General.

C. CONSIDERATION BY THE SECRETARY GENERAL

After analyzing the dossier, the Secretary General may approve the draft, may present it with its dossier to the Advisory Board for consideration, may return it to the proponent for amendment or additional information, or may reject it entirely.

D. STAGES FOLLOWING APPROVAL

1. The later stages of translation, publication, and distribution shall be the responsibility of the Management Analysis Unit.

2. The Secretariat for Legal Affairs shall be responsible for reviewing the translated texts of Executive Orders.

3. The Management Analysis Unit, with the collaboration of the Secretariat for Legal Affairs, shall prepare an annual index of the Executive Orders in effect.

II. DIRECTIVES OF THE SECRETARY GENERAL

1. Definition: Directives of the Secretary General are administrative instruments of a regulatory nature whereby the Secretary General takes decisions, gives instructions, and establishes or adopts procedures for special or temporary situations.

2. Authority and effect: Directives shall be issued by the Secretary General; they may be amended or revoked only by an Executive Order or by another Directive of the Secretary General; and they shall take effect as provided in them.

3. Format and identification: The Secretary General shall issue his Directives through memoranda issued in any of the official languages of the Organization, numbered consecutively by year.

4. Procedure: Directives of the Secretary General shall be prepared in the Office of the Secretary General.

III. ADMINISTRATIVE MEMORANDA

A. GENERAL PROVISIONS

1. Definition: The Administrative Memorandum is the regulatory instrument employed by the General Secretariat for the following management purposes:

a. To communicate the introduction, amendment, or elimination, of administrative procedures that do not establish general policies, which are functions solely of the Executive Orders of the Secretary General;

b. To apply general policies or implement decisions on the basic internal structure of the General Secretariat, as defined by Executive Orders;

c. To explain, interpret, or establish guidelines for the

application of regulatory provisions.

d. To implement operations manuals having the force of regulations.

2. Authority: Administrative Memoranda shall be signed by the Assistant Secretary for Management under authority delegated by the Secretary General.

3. Origin: Administrative Memoranda may originate in the offices of the Secretary General, the Assistant Secretary General, or Executive or Assistant Secretaries, who shall present the draft to the Assistant Secretary for Management for processing and issuance in the manner set forth below.

4. Format: The format of Administrative Memoranda shall follow the model that appears as Appendix B of this Executive Order.

5. Effect: Administrative Memoranda shall take effect on the date on which they are signed, unless they expressly provide for another date.

6. Identification: Administrative Memoranda shall be issued simultaneously in Spanish and in English, on green paper, and shall be numbered consecutively without regard to the year in which they are issued. They shall bear a marginal note indicating the language in which they were originally written. The original version shall be the valid one in case of any discrepancy between the texts in English and in Spanish.

7. Amendments and corrections: Substantive amendments to an Administrative Memorandum may be made only by issuing a new text. This shall retain the original issue number, with the addition of the number of the revision (for example, No. 59 rev.1). When corrections of typographical or stylistic errors are required, a corrigendum to the Administrative Memorandum, authorized by the Assistant Secretary for Management, shall be published.

8. Revocation and effects: Administrative Memoranda may be revoked only by an Executive Order or by another Administrative Memorandum. Earlier Administrative Memoranda shall be revoked when they conflict with a new Administrative Memorandum or an Executive Order. In a new Administrative Memorandum, express reference shall be made to any earlier decision that is revoked or modified.

B. PROCEDURE FOR PREPARATION AND CONSIDERATION

1. Participation of the proposing area: The proposing area shall prepare the draft Administrative Memorandum and shall send it to the Management Analysis Unit. When an Administrative Memorandum originates in the Office of the Secretary General, its preparation may be delegated to the Management Analysis Unit.

2. Participation of the Management Analysis Unit: The Management Analysis Unit:

a. Shall consult on the draft with the Secretariat for Legal Affairs and with any areas that may be affected and shall incorporate pertinent observations by agreement with the proposing area.

b. Shall present the final draft to the Assistant Secretary for Management so that he may submit it to the Secretary General for consideration and sign it upon receiving approval.

c. Shall see to the subsequent stages of publication, translation, and distribution.

d. With the collaboration of the Secretariat for Legal Affairs, shall prepare an annual index of the Administrative Memoranda in effect.

Third. Repeal: This Executive Order repeals Executive Order No. 77-2, dated June 28, 1977, entitled "Scope and Utilization of Executive Orders and Administrative Memoranda.". Repeal: This Executive Order repeals Executive Order No. 77-2, dated June 28, 1977, entitled "Scope and Utilization of Executive Orders and Administrative Memoranda."

Fourth. Effect: This Executive Order shall take effect on the date on which it is signed.. Effect: This Executive Order shall take effect on the date on which it is signed.

 

Alejandro Orfila
Secretary General

Date: April 15, 1981
Original: Spanish

 

APPENDIX A

To Executive Order No. 81-5

MODEL EXECUTIVE ORDER

GENERAL SECRETARIAT

Executive Order No.

SUBJECT: TITLE OF THE SUBJECT OF THE EXECUTIVE ORDER, IN CAPITAL LETTERS

THE SECRETARY GENERAL,

In exercise of the powers conferred upon him by ...

(Here the provisions on which the Secretary General bases his authorization to issue the Executive Order shall be cited. When there is a specific decision of the General Assembly or of one of the Councils, the citation shall include the number and title of the resolution and the number of the pertinent operative paragraph. If the decision is based on the general responsibilities assigned to the Secretary General by the Charter, the pertinent part of Article 115 of the Charter shall be cited. If there is a specific basis for the Order, the pertinent article of the Charter or of the General Standards shall be cited.)

CONSIDERING:

(To be included when the object of the Order requires a statement of justification or explanation.)

RESOLVES:

(This section shall contain, first, the text of the operative part of the Executive Order, the paragraphs and subparagraphs of which shall be identified by numbers and letters.)

(Second, reference shall be made to repeal or amend, with specific mention of the particular decisions that are repeated

or amended by the Executive Order.)

(Third, the date on which the Executive Order is to take effect shall be given.)

 

ALEJANDRO ORFILA
SECRETARY GENERAL

Date:

Original:

 

APPENDIX B

To Executive Order No. 81-5

MODEL ADMINISTRATIVE MEMORANDUM

GENERAL SECRETARIAT

Administrative Memorandum No.

 

SUBJECT: SUBJECT OF THE ADMINISTRATIVE MEMORANDUM, IN CAPITAL LETTERS

I. Decision: The following provisions are issued by decision of the Secretary General:

(Following this, the text of the decision shall appear, and its paragraphs and subparagraphs shall be identified by numbers and letters.)

II. Revocation or Amendment:

(This section refers to any specific decisions that are revoked or amended by the Administrative Memorandum.)

III. Effect:

(This section indicates the date on which the Administrative Memorandum shall take effect.)

By order of the Secretary General

Assistant Secretary for Management

Date:
Original: