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:
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