The Constitution
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"FEDERATION INTERNATIONALE DES CORPS ET ASSOCIATIONS CONSULAIRES" en abrégé "FICAC"
en anglais " INTERNATIONAL FEDERATION OF CONSU-LAR CORPS AND ASSOCIATIONS "
Association Internationale Sans But Lucratif
A Woluwe-Saint-Pierre (1150 Bruxelles), avenue de Tervuren 246.
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L'AN DEUX MILLE SIX.
Le vingt-quatre avril.
Devant Nous, Maître Jean-Pierre MARCHANT, notaire de résidence à Uccle-Bruxelles, en notre étude, avenue Brugmann 480.
ARTICLES OF INCORPORATION
Article 1. Name
The International Federation of Consular Corps and Associa-tions is being incorporated as a Non Profit International Association under the denomination " Fédération Internationale des Corps et Associations Consulaires ", en abrégé " FICAC " (in english : " International Federation of Consular Corps and Associations ").
In these articles of incorporation the present Non Profit Inter-national Association is designated as "The Federation".
This association is submitted to the rules of Chapter III of the Belgium law of the twenty seventh of June of the year one thousand nine hundred and twenty one, concerning the non profit associa-tions, the international associations and the foundations (articles 46 to 57).
According to said law, any act, publication and whatever document established by the Federation mentions its name preceded or immediately followed by the words "Association Internationale Sans But Lucratif" or by the abbreviation "AISBL" as well as by the address of its seat.
Article 2. Seat
The Federation has its seat at Woluwe-Saint-Pierre (1150 Brussels, Belgium), avenue de Tervuren 246.
The Executive Committee shall designate a different place according to the applicable regulations.
The seat may be transferred to any other place in Belgium following a decision of the Executive Committee, which must be published at the annexes of the "Moniteur belge" and communi-cated to the " Service public fédéral de Justice", within one month as from the date the decision took place.
Article 3. Purposes and Principles
The Federation is the organization of Consular Corps and Consular Associations throughout the world.
The Federation is non-profit making. It shall abstain from all religious or political activities and from the practice of any dis-crimination on grounds of race, sex, colour, religion or such other grounds as enumerated in relevant international human rights trea-ties.
The main objectives of the Federation, as a global network, are:
- to enhance the performance of consular services on behalf of sending States in receiving States,
- to support and improve the status, legitimacy and effective-ness of all consular officers, and to seek the extension of such of the well-recognized facilities, privileges and immunities to Honorary Consular Officers by the receiving States as are necessary for the efficient discharge of their functions with dignity, while taking note of the fact that honorary consular officers, in comparison with ca-reer consular officers and diplomatic agents performing consular functions, do not enjoy all facilities, privileges and immunities granted by receiving States and, in many cases, do not have the same links with the sending States which appoint them,
- to encourage the establishment of new Associations and their membership of the Federation,
- to pursue clarity about the legal position of honorary consuls as compared to the legal position of career consuls
- to promote and protect the interests of its Member Associa-tions and to encourage co-operation amongst them,
- to promote and improve contacts and friendship amongst Consuls throughout the world,
- to become a member and/or attend meetings of appropriate organizations whose activities affect the status, interests and func-tions of consuls,
- to promote implementation of the Convention of Vienna, to encourage its ratification by non-signatory States and to seek, when appropriate, to influence any amendments to it,
- to encourage States, in both their receiving and sending ca-pacities, to recognize and support Associations, Member Associa-tions and the Federation,
- to educate a wider public about the nature and importance of consular functions, to work to ensure the rights of all persons to ac-cess to consular services.
Article 4. Membership
- All Associations are eligible to become Mem-bers of the Federation, provided that their statutes are consistent with the Constitution of the Federation, and that they accept the Constitution of the Federation, subject to the confirmation of their membership by the General Assembly.
- "Association" means a voluntary Association of consular officers, having declared aims and an organizational structure, within the territory of a receiving State, and includes such terms as "Corps", "Union", "College" and other similar ex-pressions.
- Associate Member "Regional Association" means a regional group of Associations situated within a Continent or large geo-graphic area and includes such terms as "Federation", "Corps" and other similar expressions, as acknowledged by the Federa-tion.
- Without prejudice to 4a) above each Member Association is entitled to its own membership rules under their national legislation.
- All Member Associations, which are duly registered as Member Associations at the time of the coming into force of this Constitution, shall continue to be Member Associations of the Fed-eration.
- Applications for membership should be submitted to the Ex-ecutive Committee, which may grant provisional membership sub-ject to confirmation, by the General Assembly. Applications should be accompanied by a copy of the Association's or Regional Asso-ciation's Constitution, address of its secretariat and further adminis-trative details and a description of its structure and its membership list or lists.
- Any Member Association may, on the recommendation of the Executive Committee, be expelled by the General Assembly by a two-thirds majority of those present and voting on the grounds that:
- its continued membership is considered detrimental to the interests of the Federation or
- it is in arrears in the payment of fees for three years.
- Regional Associations may, on the recommendation of the Executive Committee, be granted a particular status as regards vot-ing rights and rights of election to the Executive Committee, and may be subject to specific formulae for the calculation of fees which take account of their structure and membership.
- The Executive Committee shall be entitled to grant associate member-ship to consuls in whose country no Corps or Association is available. Such associate members shall not be entitled to vote, and shall pay an annual fee as to be established by the Executive Committee.
Article 5. Co-operation within the Federa-tion
Networking is of great importance for the role and status of consular officers. Member Associations are encouraged to promote the exchange of information, views, policy statements etc. between each other and the Executive Committee.
Each Member Association should endeavour to forward to the President a report on activities carried out and action taken pur-suant to decisions/discussions in General Assembly and Executive Committee, from time to time, and should endeavour to keep the Executive Committee informed of problems and developments of common interest.
Article 6. General Assembly
- The General Assembly consists of the author-ized delegates of Member Associations and must take place at least every three years.
- Delegates to the General Assembly must be members of their Corps or Association. Each Member Association shall deliver to the President before the General Assembly its authorization upon its delegate member, who shall represent exclusively the respective Member-Association in the General Assembly as well having the exclusive authority to vote. Such authorization shall conform the format as to be distributed by the Federation, and shall be signed and sealed on the Member Association's stationary. A list of au-thorized delegation shall be made available to the General Assem-bly, before the opening session of the General Assembly.
- Members of the Executive Committee attend the General As-sembly in that capacity.
- Honorary and past Presidents may attend the General As-sembly and take part in its deliberations and functions. Delegates from non-member Associations and individual Consuls may attend as observers or guests, and will only be entitled to address the Gen-eral Assembly with the permission of the President.
- The General Assembly:
- adopts the programs of work of the Fed-eration,
- confirms the admission of new Members and determines membership status under Article 4(f),
- considers reports submitted by the President,
- approves the budgetary proposals submitted by the Executive Committee and approves the accounts, which shall before the General Assembly be audited or scrutinized by an auditing committee consisting of three consuls who are member of member associations rotating on three year basis - as to be installed by the General Assembly,
- determines membership fees,
- adopts resolutions or decisions proposed by the Executive Committee according to the agenda of the General Assembly or on proposal from member Associations,
- elects the President and the Vice President and the nine other Members of the Executive Committee,
- in electing Members of the Executive Committee, the Gen-eral Assembly seeks to achieve equitable geographic repre-sentation,
- discharges the Executive Committee for its functioning of the past book-years.
- grants the title of Honorary President to persons who have served the Federation with outstanding devotion and achievement,
- adopts and amends by-laws,
- decides on the place and date of its next meeting, failing which, the matter is decided by the Executive Committee at least eighteen months in advance.
- Special Meetings shall be convened by the President if re-quested by one third of members entitled to vote under Article 7 b) or by the Executive Committee.
- The place and date shall be decided by the Executive Committee.
- The Special Meeting may only deal with the urgent item or items, which required its convening.
- The President may arrange a Special Consultation, using ap-propriate means of communication, in order to obtain the views of Member Associations on the issue under consideration and to allow to reach a decision on it and the decision so reached shall be com-municated by the President to the Executive Committee.
- Notice, including the Agenda, of a General Assembly shall be given by the Secretary at least three months in advance, and in the case of a Special Meeting at least four weeks in advance.
- The quorum at both General Assemblies and Special Meet-ings shall consist of two-fifths of the Members. If at the appointed time there is no quorum, the President adjourns the meeting for one hour and, upon resumption of the meeting, those Members present shall constitute a quorum. These procedures shall apply mutatis mu-tandis to Special Consultations.
- The decisions are communicated to all members in the form of a letter and are published on the web site of the Federation.
- The decisions of the General Assembly are registered in a list signed by the President of the Executive Committee and taken care of by the Secretary. The register shall be at the disposal of the members at the seat of the association.
Article 7. Voting Rights, Voting Procedures and Elections
- Delegate from each Member Associations shall have the following voting-rights:
Delegate representing fifty consuls or less: one vote
Delegate representing fifty one till one hundred consuls: two
Votes
Delegate representing one hundred and one till two hundred
consuls: three votes
Delegate representing more than two hundred consuls: four
votes.
- Where there are two or more Associations or Corps in a certain country and are a Member Association, the most representative of these shall exclusively be entitled to vote on behalf of itself and such other Member Associa-tion(s). In the event the member associations involved are di-vided in their opinion of such representativity the Executive Committee shall finally decide thereon.
- The Delegation of a Regional Association has the number of votes as determined under Article 4(f).
- Only those Member Associations, which have fully settled their fees for the year preceding a General Assembly, a Special Meeting or a Special Consultation (i.e. the thirty first of December of the preceding year), shall be entitled to vote.
- All decisions shall, unless otherwise provided for in this Constitution, be by a simple majority of the votes of those present and voting.
- The President shall make every effort to achieve consensus before putting a matter to the vote.
- Election procedures shall apply for the elections of the Ex-ecutive Committee, as to be furnished to the Member Associations together with the delivery of the Agenda for a General Assembly, Special Meeting and Special Consultation.
- The Executive Committee appoints prior to the invitation for the mentioned meetings an Election Committee, consisting of three members who shall not be voting in the elections neither shall be proposed to be elected.
Article 8. The Executive Committee
- The Executive Committee is responsible for car-rying out decisions of the General Assembly and for managing and supervising the affairs of the Federation.
- It consists of the President, the Vice President, and the elec-ted nine Members. The quorum consists of six members. In its first meeting the Executive Committee shall elect the Secretary and Treasurer and appoint the chairmen and other members of commit-tees.
- The immediate past President and Honorary Presidents may, upon the Executive Committee's invitation, attend its meetings.
- The Executive Committee may co-opt up to two additional Members.
- The Secretary and the Treasurer, when coming from the same receiving State as the President, shall not have votes in the Execu-tive Committee, unless it otherwise decides.
- The Executive Committee prepares and executes work pro-grams designed to promote the interests of the Federation.
- It considers the triennial budgetary proposal prepared by the Treasurer for submission to the General Assembly.
- It determines the membership fee.
- It approves the annual budget submitted by the Treasurer wi-thin the framework of the triennial budget approved by the General Assembly.
- It proposes by-laws for adoption by the General Assembly.
- All members of the Executive Committee are elected by the General Assembly, upon nomination by one or more Member As-sociations. Their terms begin at the end of the session of the Gen-eral Assembly, which elected them and continue until the end of the subsequent General Assembly. All may stand for re-election.
- Members of the Executive Committee shall serve without fi-nancial remuneration. However reimbursement of costs made can be considered provided with the explicit approval of the Executive Committee upon the proposal of the Treasurer.
- In the event that decisions within the Executive Committee are taken by vote, the President may exercise a casting vote.
- The Executive Committee shall have power to suspend from office any of its Executive Committee members, in the event such member acts in a manner detrimental to the objectives of the Fed-eration. Such suspension shall only take place upon the initiative of the President or the Vice President and at least four other Executive Committee members, and by a majority decision of two-thirds of the Executive Committee members excluding the member proposed to be suspended.
- The Executive Committee meets, at least three times a year upon a special notice to attend to be issued by the President at least one month before the meeting.
- The notice to attend is transmitted par letter, fax, e-mail or any other way of communication.
Article 9. The Presidency
- The President presides over all sessions of the General Assembly and the Executive Committee.
- He prepares, in consultation with the Executive Committee, an annual report for circulation to all Member Associations and a report for submission to each General Assembly.
- In the absence of the President, the Vice President replaces him. In the absence of both the President and the Vice President, the Executive Committee designates one of its members to perform the President's functions.
- The Vice President shall in close co-operation with the Presi-dent define proposals for the strategy of the Executive Committee and perform such other tasks as will be bestowed upon him. The President and the Vice President shall have regular consultation with the Secretary and the Treasurer for the purpose of the work-program within the Executive Committee.
- On the proposal of the President the Executive Committee is entitled to install such sub-committees as it deems conducive to the obtaining of one or more objectives of the Federation, provided that such sub-committee shall work under the responsibility of the Ex-ecutive Committee.
Article 10. The Permanent Secre-tariat
- The Federation establishes a Permanent Secre-tariat.
- The Secretary and the Treasurer, when coming from the same receiving State as the President, shall not have votes in the Execu-tive Committee, unless it otherwise decides.
- The Secretary, in consultation with the President, Vice Presi-dent and the Treasurer, shall be responsible for:
- Organizing the work of the Secretariat.
- Preparing draft work programs for consideration by the Execu-tive Committee.
- Supervising the implementation of work programs and their co-ordination.
- Maintaining the files, archives, accounts and other records of the Federation.
- Conducting the everyday activities of the Federation.
- Preparing an annual statement of membership of the Federa-tion for circulation to all Member Associations.
The Secretary shall be primarily responsible for the Perma-nent Secretariat.
- A vacancy in the office of Secretary may be filled by the Ex-ecutive Committee.
Article 11. The Treasury
- The Treasurer in consultation with the President, Vice President and the Secretary shall be responsible for:
- Submitting a triennial budgetary proposal through the Executive Committee for approval by the General Assembly.
- Submitting the annual budget for the approval of the Executive Committee.
- Keeping, preparing and presenting statements of account.
- Keeping the Executive Committee informed of the financial status of the Federation.
- Collecting Members' fees and taking all measures in connec-tion therewith.
- Safeguarding the assets of the Federation and discharging its liabilities
- Depositing funds of the Federation in a bank.
- Performing such other functions as the Executive committee or the President may assign him.
The Treasurer shall be in close communication with the Perma-nent Secretariat.
- The financial year of the Federation begins on 1 January and ends on thirty first of December.
- A vacancy in the office of Treasurer may be filled by the Ex-ecutive Committee.
- The posts of Secretary and Treasurer may be filled by one person.
Article12. Representation of the Federation to-wards third parties and before the Courts
All acts made to bind the Federation, unless special power of attorney, must be signed by two members of the Executive Com-mittee or by all other person to be nominated by the Executive Committee, who will not have to justify, towards third parties, a former decision of the Executive Committee.
Unless a special power of attorney, the Federation is repre-sented in Justice, as plaintiff or defendant, by two members of the Executive Committee (or any other person to be designated), or by the President or by one member of the Executive Committee nomi-nated to this purpose.
The acts concerning the nomination, the revocation and the end of the functions of the people empowered to represent the Fed-eration, established according to the applicable law, are communi-cated to the "Service public fédéral de Justice", in order to be intro-duced into the file. They will be published, at the costs of the Fed-eration, in the Annexes of the "Moniteur belge".
Article 13. Amendments to the Constitu-tion
- Amendments to the Constitution may be pro-posed by the Executive Committee, or by a Member Association through the Executive Committee at least six months before the ses-sion of the General Assembly or Special Meeting at which they are to be considered, and circulated by the Executive Committee to all Member Associations at least three months before such a session. These procedures shall apply mutatis mutandis to a Special Consul-tation regarding an amendment to the Constitution.
- Amendments can only be made at the General Assembly or Special Meeting by a vote of two-thirds of those present and voting. This procedure shall apply mutatis mutandis to a Special Consulta-tion. A notarial act is not necessary.
Article 14. Dissolution
- The Federation may be dissolved at a General Assembly or Special Meeting by a vote of three-fourths of those present and voting or if the number of Member Associations falls below five.
- The resolution calling for dissolution shall specify how all assets, of the Federation are to be distributed. Failing such a deci-sion, assets shall be transferred by the Executive Committee or the President to the United Nations Organization or one of its Special-ized Agencies.
- The Executive Committee, after paying or making provision for the payment of all liabilities, shall dispose of remaining assets as called for in Article 14(b).
- The provisions of this Article may be carried out, mutatis mutandis, by means of a Special Consultation.
II. Dispositions transitoires
Ensuite, les fondateurs se sont réunis en ont pris les décisions suivantes à l'unanimité :
- Premier exercice social: Le premier exercice social commencé ce jour se terminera le trente et un décembre deux mille six.
- Première assemblée générale: La première assemblée générale annuelle aura lieu en novembre deux mille six, conformément aux dispositions applicables à l'ancienne association de fait.
- Membres du Comité Exécutif (administrateurs):
Conformément à l'élection par l'Assemblée Générale de la Fédération encore de fait lors de sa réunion qui a lieu le vingt-quatre et vingt-cinq novembre deux mille trois à Athènes, Grèce, le nombre de membres du Comité Exécutif (administrateurs) a été fixé à onze.
Sont appelés à cette fonction
- Président : Monsieur Roland DAHLMAN, prénommé,
- Vice-Président : Monsieur Eric COUFAL domicilié à Mexico
- Secrétaire général : Monsieur Marcel MEYER, prénommé,
- Trésorier : Monsieur Aykut EKEN, prénommé,
Membres
- Monsieur Amarkai AMARTEIFIO, Consul Honoraire de Suède en Ghana, né à Accra (Ghana) le quinze avril mil neuf cent quarante-trois, de nationalité ghanéenne, domicilié à Accra (Ghana), Eleventh lane Osu, titulaire du passeport ghanéen numéro H0896890.
- Monsieur Wilhelm BROUWER, Consul général honoraire de Lituanie, né à Arnhem (Pays-bas) le douze juillet mil neuf cent trente-deux, de nationalité néerlandaise, domicilié à Arroyo Hondo Viejo (Santo Domingo, République Dominicaine), Camino del Norte 4, titulaire du passeport néerlandais numéro BAO337509.
- Monsieur Arnold FOOTE, Consul général honoraire de Turquie, né à Jamaïque le vingt novembre mil neuf cent trente-quatre, de nationalité jamaïcaine, domicilié à Kingston 6 (Jamaïque), 17 Shenstone Drive, Beverley Hills, titulaire du passeport jamaïcaine numéro 2688398.
- Monsieur Nand KHEMKA, Consul général honoraire d'Islande, né à Bhagalpur (Bihar, Inde) le treize janvier mil neuf cent trente-cinq, de nationalité indienne, domicilié à New Delhi (Inde)'M' Block, Speedbird House, Connaught Circus 41/2, titulaire du passeport indien numéro F 0036441.
- Monsieur Fernando PINTO OLIVEIRA, prénommé,
- Monsieur Christos SIKOLAS, Consul honoraire de Malawi, né à Patras (Grèce) le dix avril mil neuf cent cinquante-sept, de nationalité grecque, domicilié à 14671 Athènes (Grèce), rue Skoufa 82, titulaire du passeport grec numéro N.540949.
- Monsieur Alexander VAN HEEREN, de nationalité belge, domicilié à 2930 Brasschaat, Mishagen 75.
Il est constaté que depuis l'Assemblée susmentionnée Mon-sieur Eric COUFAL et Monsieur Alexander VAN HEEREN ont cessé d'exercer leur mandat.
En conséquence ils ne font pas partie du Comité Exécutif de la FICAC - AISBL, donc le nombre de membres du Comité Exécutif est désormais fixé à neuf.
Ont été désignés en qualité de:
-Vice-Président ad interim : Monsieur Fernando OLIVEIRA
-Secrétaire : Monsieur Marcel MEYER
-Trésorier : Monsieur Aykut EKEN.
- Reprise d'engagements:
Tous les actifs et passifs de l'Association de faite - FICAC - sont repris par la présente Fédération, présentement constituée.
Transitional Provisions
The founders have met at this moment and have taken unanimously the following decisions:
- First financial year: the first financial year started this day will terminate on the thirty first December two thousand and six.
- First General Assembly: the first General Assembly shall be held in November two thousand and six according the stipulations applicable to the former association "de fait".
- Directors:
According to the elections at the General Assembly of the still "de facto" Federation at its meeting that took place on the twenty fourth and twenty fifth November two thousand and three in Athens, Greece, the number of the members of the Executive Committee (Directors) shall be eleven.
The following persons were elected for this function:
- President: Mister Roland DAHLMANN, mentioned above,
- Vice President: Mister Eric COUFAL,
- Secretary General : Mister Marcel MEYER, mentioned above,
- Treasurer : Mister Aykut EKEN, mentioned above,
Members :
- Mister Amarkai AMARTEIFIO, Honorary consul General in of Sweden in Ghana, born in Accra (Ghana) on April the fifteenth nineteen hundred forty three, domiciled at Accra (Ghana), Eleventh lane Osu, holder of the Ghanaian passport number H0896890.
- Mister Wilhelm BROUWER, Honorary Consul General of Lithuania, born in Arnhem (the Netherlands) on July the twelfth nineteen hundred thirty two, domiciled at Arroyo Hondo Viejo (Santo Domingo, Dominican Republic), Camino del Norte 4, holder of the Dutch passport BAO337509
- Mister Fernando PINTO OLIVEIRA, mentioned above,
- Mister Arnold FOOTE, Honorary Consul General of Turkey, born in Jamaica on November twentieth nineteen hundred thirty four, domiciled at Kingston 6 (Jamaica), 17 Shenstone Drive, Beverley Hills, holder of the Jamaican passport 2688398.
- Mister Nand KHEMKA, Honorary Consul General of Iceland, born in Bhagalpur (Bihar, India) on January thirteenth nineteen hundred thirty five, domiciled at New Delhi (India), 'M' Block, Speedbird House, Connaught Circus 41 / 2, holder of the Indian passport number F 0036441.
- Mister Christos SIKOLAS, Honorary Consul of Malawi, born in Patras (Greece) on the tenth of April nineteen hundred fifty seven, domiciled at 14671 Athens (Greece), 82 Skoufa street 82,
- Mister Alexander VAN HEEREN, domiciled at 2930 Brasschaat, Mishagen 75,
It is declared that after the abovementioned general meeting took place Mister Eric COUFAL and Mister Alexander VAN HEEREN have ceased to exercise their functions.
In consequence they no more belong to the Executive Com-mittee of FICAC - AISBL, and accordingly, as from now on, the number of Executive Committee Members shall be nine.
Have nominated the following persons in the quality of:
- Vice-President ad interim : Mister Fernando OLIVEIRA
- Secretary: Mister Marcel MEYER
- Treasury: Mister Aykut EKEN
- Take over of liabilities:
All the assets and debits of the facto Association - FICAC - are transferred to the Federation AISBL.
FRAIS
Les comparants déclarent que le montant des frais, dépenses, rémunérations et charges sous quelque forme que ce soit incombe à l'association en raison de sa constitution, s'élève à mille euros (1.000,00 EUR).
DONT ACTE
Fait et passé à Uccle-Bruxelles, en l'Etude de Maître MARCHANT, date que dessus.
Et lecture intégrale et commentée faite, les comparants ont signé avec Nous, notaire.
Made and took place at Uccle-Brussels at the office of Maitre Marchant, at the above-mentioned date.
Integrally read and comments made, the persons present have signed with Us, Notary.
(Suivent les signatures)
Enregistré douze rôle(s) sans renvoi(s) au 1er bureau de l'Enregistrement d'Uccle le 9 mai 2006 vol. 303 fol. 51 case 14 Reçu vingt-cinq euros (25) le Receveur (signé) B.MULLER
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