Charter - An Administrative and Technical Protocol of "ULC"
ITEM I: Administrative and Technical Organization of the ULC
Article 1: Structures of the ULC:
The statutory bodies of the ULC are:
A: Consultative bodies:
– Council of the Governors,
– Permanent Secretariat of the Council of Governors
– Trusteeship Council
B: Technical Bodies:
– General Secretariat
– General Control
– Legal Affairs Committee
– Vice Presidents
– High Commissioners for Development
ITEM II: The President
Article 2: The Executive President
Attributions of the President:
The Executive President of the ULC is the President of the Executive Council of the Governors. He enjoys a discretionary power to assign tasks within the Council. He names the various positions. He represents the Institution at the Parliaments of the Member States and at the partner institutions of the ULC. The Executive President holds a pre-eminence whose influence exceeds broadly his powers which restrict him to an administrative and formal role. At the time of his election by the Assembly, the Executive President makes a statement of general policy and strategic orientation of the activity of the institution. He defines the orientation with regard to co-operation. The Executive President has at his disposal a cabinet for his functions.
Article 3: Principal Private Secretary:
Under the authority of a Director, the Cabinet of the Executive President is in charge of the management of:
– The Protocol,
– The Immunities and Privileges,
– The Organization of the Secretariat of the President,
– The Supervision of the persons in charge of missions, of the cabinet attachés and of the security.
Article 4: Attributions of the Principal Private Secretary:
The Principal Private Secretary is by delegation, signatory of all the documents regarding the current businesses to manage within the cabinet, concerning:
– Staff and finances.
– He manages all the confidential correspondence of the Executive President.
– He is assisted in his mission by a Head of Cabinet;
He takes care of:
– The effective execution of the tasks entrusted to each member of the cabinet.
– The regular and constant follow-up of the correspondence (departing and arriving mail)
-The follow-up of the various reports, notes, minutes of meetings, reception of documents to be translated, etc.
– The drafting of the mails of the president so that the mails of the president are complete, concrete, concise and courteous, from the point of view of grammar, the orthography and even of the vocabulary.
ITEM III: The Council of the Governors:
Article 5: Council of the Governors Statute:
The Council of the Governors (CG) is the body which represents the investors as well as the ULC interests. They hold financial powers in order to ensure the realization of the missions of development aid committed by the ULC. The Council of the Governors is entrusted with a Power to monitor all of the Funds. It is to The CG in particular, that the Financial Investors refer to notify their will to invest with the ULC. The letter is addressed to the “Head of the Executive Council of the Governors of the ULC “. The decisions of the Council of the Governors are purely financial. The “budgetary power” of the ULC is held by the Council of the Governors which expresses it by the function of Supervisor of the Funds.
Article 6: Attributions of the Council of the Governors
The Council of the Governors makes the decisions, proceeds to arbitrations, deals with the economic and financial affairs, sets the criteria which authorizes the loans and financing.
The CG defines the actions to be undertaken in terms of promotion and development of new branches of industry.
The CG proposes the orientations for setting up the operational budgets of investment and a directing diagram for the control and the implementation of the budgets.
The CG plays the role of mediator in possible situations of opposition between the members of the Institutions or one of its members and an external partner.
The CG also has the role of establishing constructive relations with the various institutions, the commissions of work and the States.
The CG carries on the activities of orientation, monitoring and control of the funds of the ULC.
Article 7: The Mandate of Governors:
There are two categories of Governors:
1. The non-regional Governors
2. The regional Governors
The non-regional Governors are named by the investing organizations, the States, the Institutions who invest into the ULC. Accordingly, they are sent to the ULC to ensure their representations.
The regional Governors are named on behalf of the ULC by the Executive President of the institution.
Article 8: Duration of the Mandate of Governors:
The term of the office of the Governors is three (03) years. It can be consecutively renewed three times. They can be assigned during the course of their mandate, to other functions by their principals. In such a case, it will be provided a substitute at this position enjoying the same prerogatives as his predecessor. The President of the ULC is the Head of the Executive Council of the Governors.
Article 9: Meetings of the Council of Governors
The Council of the Governors meets at least twice a year in ordinary session.
The meetings are held on the territory of the State which shelters the headquarters of the Institution. They are mandatory.
The agenda is prepared by the Executive Secretariat of the Council of the Governors in connection with the office of the Administrators under the authority of the President of the ULC. The meetings include the Governors, the Vice Presidents as well as representatives of the General Secretariat. The decisions are taken by the majority of its members.
Extraordinary meetings can be convened and be held on the initiative of the President or at the justified request of financial backers or other economic or financial partners.
The rules and procedures of the Council of the Governors are developed in a specific internal regulation.
Article 10: Permanent Secretariat of the Council of the Governors:
Attributions of the Executive Secretariat:
The Permanent Secretary of the Council of the Governors is named by the Executive President. He ensures the coordination of the services of the Council of the Governors.
He prepares the meetings and convenes at the Assemblies of the Governors.
ITEM IV: The Trusteeship Council:
The Trusteeship Council is one of the essential bodies of the ULC. It is a Political Committee which assembles the High Representatives of the Institution. These members are selected and named in a discretionary way by the Founding President according to special criteria, with regard to the services rendered to the Institution.
Article 11: Attributions of the Trusteeship Council:
The major missions which are devolved to the Trusteeship Council are to work for the upholding of the Founding President of the Institution at his position and to provide for his replacement in case of a duly established impediment. The members have the same duties with regard to any person who reaches this position and in the same functions. The High Representatives are not remunerated, but are refunded on proofs by the ULC for all expenditure incurring while exercising their duties for the benefit of the ULC. They are in charge of proposing a policy of prospective planning on possible risks as well as the suitable provisions to be taken. The Trusteeship Council is the Security Council of the ULC and ensures the direction of all the Intelligence Agencies. The Trusteeship Council proposes the choice, the form and the means of the policy to follow.
ITEM V: The Board:
The Administrators are named by the Executive President because of their competences for one (03) years period, renewable once.
The Board has a power of constraint towards the Executive President. The decision of the members of the Board does not affect the decisions of the ULC (direct effect).
Article 12: Attributions of the Board:
The Board gives rulings about the operating rules of the ULC. The Board meetings are held as ordinary sessions every six (6) months. However, after a notification to the Council of the Governors, additional sessions can be held when needed.
ITEM VI: Permanent Representatives Committee (PRC)
It is the body who receives the Permanent Representatives of the States.
Article 13: Attributions of the Permanent Representatives Committee:
Their role consists in forwarding to their respective governments the whole of the information obtained from the ULC concerning the coordination of the big projects of development. On the other hand, they express the position of their States and their governments at the time of the assemblies and of the international Conferences
ITEM VII: The Secretary General:
The Secretary General is named by decision of the President of the ULC
He works under the authority of the President and submits all projects of the estimates to him.
Article 14: Attributions of the Secretary General:
The mission of Secretary General is:
– To assist the President in the preparation of the meetings of the Board and other Commissions
– To ensure the implementation of the decisional procedures and to take care of the execution of the decisions,
– To ensure the coordination between the services while taking care of the observation of the rules of presentation of the outgoing documents,
– To take all necessary measures to ensure the notification and the publication of the notes, the mailings, the newspapers, as well as the transmission of the documents at the Outside Institutions.
– To ensure the official relationships with the Outside Institutions subject to the responsibilities that is explicitly assigned to him, and to monitor their work.
– To ensure the information to the Presidency.
The Secretary General takes part to the Board meetings, except on an opposite decision of the Board.
ITEM VIII: The General Control:
The General Control is an independent control body of the ULC. It is placed under the direct authority of the President of the ULC, it includes:
– A general inspection
– A service of Audit and Control
Article 15: Attributions of the Service of Audit and Control:
Under the authority of the Executive President, the Controller General is in charge of:
– The inspection of the headquarters services and of the representations on the one hand, and of the audit, control, missions of checking the procedures and their application on the other hand.
– To control the organization, the operation of the services and to conduct all forms of audit or any missions decided by the Executive President such as:
• Audit of operation
• Audit of the investments
• Audit of the financial risks
• Audit of the delegations
• Administrative investigations
• Internal control of the directions of relationships with the missions of control or external audit and any form of audit of management or organization of the follow-up of application of the recommendations of the missions of control and external audit of the definition and follow-up of the standards of control of management and data-processing control of any mission of control decided by the President, monitoring mail ” departure ” and ” arrival “.
Article 16: Attributions of the General Inspection of the offices of the Headquarters and of the Representations;
– It is in charge of the correct implementation of the moral, ethical, administrative, technical and legal rules which are essential to all members of the ULC staff.
– It takes care of their strict and permanent observation, without tolerance, easing and attenuation, as that is essential to everyone.
– The General Inspection must observe a total impartiality and transparency in the execution of their mission, thus enabling it to take strict and exemplary disciplinary sanctions against the persons found guilty of violations of the rules enacted by the ULC.
ITEM IX: The Legal Affairs Committee
Article 17: Attributions of the Legal Affairs Committee
Under the direct authority of the President, the Legal Council ensures in particular:
– Studies and instruction of the legal files
– Follow-up of the legal procedures and the business litigations
– Centralization and keeping of the legal documents
– Safeguarding and advocacy of the interests of the ULC
– Follow-up of the files of the Councils
– Relations with lawyers of the ULC
ITEM X: The General Treasury
Article 18: Attributions of the General Treasurer:
Under the direct authority of the High Commissionership in Charge of Finances, of Economic Integration, of Investment plans and of partnership, the General Treasury is in charge of:
– Management of finances in foreign currencies
– Cashing and withdrawal of the funds
– Relationships with the services of the various permanent delegations of the ULC abroad
ITEM XI: The Vice Presidents
Article 19: Attribution of the Vice Presidents
Under the authority of the Executive President, the Vice-Presidents are in charge of the supervision and the coordination of the activities of the regional committees and the directions which are attached to them. The Vice-Presidents assist the Executive President in the achievement of his missions.
They are in charge of assisting the President at the technical level. They exert a function of international representation in the international organizations and conferences.
Article 20: Roles of the Vice Presidents: Vice-president in charge of operations (VPO):
Under the authority of the Executive President, the Vice-President in charge of the operations of the ULC covers all the spheres of activities concerned with the ULC In particular, his mission is to supervise all the operations in progress, the economic and banking transactions, the implementation of the projects, the follow-up, management, the operations of covering and control in general etc. The Vice-President in charge of operations (VPO) gives an account to the President of all operations undertaken that make liable the ULC for whatever specific field in which the activity takes place.
Article 21: Vice-President in charge of the Organization of the Forum of the Heads of States and Governments (VP-FOCEG):
Under the authority of the Executive President, the Vice-President in charge of the organization of the Forum of the Heads of States and Government (FOCEG), in relation to the High commissioner in charge of foreign relations and that of economic integration, is in charge of organizing the forum of the Heads of States and of Government joining together all countries with which the ULC signed agreement of partnership or adhesion.
The FOCEG is open to the States and to the Financial Backers. During its general assemblies, it adopts some “statements” under the terms of which, the States are invited to replace certain economic and financial legislations used in the past within the framework of the government aid in order to give a priority by allocating responsibilities to the private sectors.
The Forum is held in turn of the continents and the States. It is chaired by the Head of the State of the host country.
During its general assemblies, the States submit to the ULC their projects of national investments and the projects of interest common to several States (projects of integration)
Article 22: Vice President in Charge of the Headquarters and spokesman of the Executive President (VPSP)
Vice President in charge of the Headquarters and spokesman of the President is in charge of the Headquarters of the ULC. For this reason he is especially delegated by the Executive President to be his spokesman.
He ensures the coordination of the services of the Headquarters and ensures the scrupulous respect of all the standards enacted by the ULC. He receives in the name of the Executive President various forms of requests addressed to the Executive President and accurately gives an account to him.
He supervises the activities of the Office of the High Commissionership in charge of the General Administration, of Human Resources and of the development.
Article 23: Roles of the other Vice-Presidents:
The other Vice-Presidents assist the Executive President in the execution of his missions as all other Vice Presidents whose roles were defined in the present charter. In addition to the missions of assistance to the Head of the Executive of the ULC, they carry out parallel missions by exerting their authorities on the High Commissionerships and the Commissionerships to the development; thus one counts (06) six High Commissionerships and (11) eleven Commissionerships to the development to date at the ULC
ITEM XII: The High Commissionerships:
– The High Commissionerships are Bodies which assemble several Commissionerships.
– The Commissionerships are the economic branches of industry covered by the ULC
Article 24: Field of Intervention of the High Commissionerships
Under the authority of the Vice-Presidents, the High commissionerships cover the spheres of activity which concern the ULC. They cap the Commissionerships to the development as well as all the structures of management which are attached:
1) High commissionership in charge of the general administration of human resources and the development.
2) High commissionership in charge of the foreign relations
3) High commissionership in charge of finances, of economic integration, of the investments and of the partnership.
4) High commissionership in charge of public health and scientific research.
5) High commissionership in charge of agriculture and natural resources.
6) High commissionership in charge of international trade
Article 25: High Commissionership over General Administration, Human Resources and development:
Under the authority of the Vice-President in charge of the Headquarters and of the Private Secretariat of the President, the High commissionership in charge of the general administration of human resources and development covers the activities of the sector of the administrative organization and the methods, budget, direction of research, statistics, direction of logistics, inheritance, trade, transport, housing, industry and the small businesses (PME/PMI).
Article 26: High Commissionership in Charge of foreign relations:
Under the authority of the Executive President, the High commissionership in charge of foreign relations covers the following departments:
– International co-operation
– Foreign relations
– Protocol, immunities and privileges.
– Department of information and the NTIC.
Article 27: High Commissionership over Finances, Economic Integration, Investment Plans and Partnership:
Under the authority of the Executive President, the High Commissionership in charge of Finances, Economic Integration, Investment Plans and Partnership covers the following departments:
– General ledger
– Mobilization of the capital,
– Investments and participations…
– Loans and finances
– Economic integration (Projects of interest in several States, and the people)
– Economic infrastructures
Article 28: High Commissionership over Programs of Public Health and Scientific Research:
Under the authority of the Executive President, the High Commissionership in Charge of Programs of Public Health and Scientific Research covers the following departments:
– Public health
– Social affairs
– Scientific research
Article 29: The High commissionership in Charge of Agriculture and Natural resources:
Under the authority of the Vice-President in charge of Africa areas and ACP STATES, Office of the High Commission in Charge of Agriculture and Natural Resources cover the fields hereafter:
– Mines, energies and oil…
– Agriculture: (rural development, fishing, and breeding.) agricultural processing industry, agro trade
– International conferences and policies of social welfare.
Article 30: The High Commissionership in Charge of the International Trade:
Under the authority of the Vice-President in charge of Africa areas and ACP STATES, the High Commissionership in Charge of the International Trade, covers following departments:
– International trade
– Regional council of the saving and the financial markets
– Forums (commercial, industrial and economic)
ITEM XIII: The Commissionerships to the Development:
The Commissionerships are economic branches of industry where the experts under development of the ULC are represented.
Article 31: Fields of Intervention of the Commissionerships:
Under the authority of the High commissionerships, the commissioners to the development conceive and work out the plans, the programs and the projects of development.
The Directing Council (Board of management of the ULC) is the competent authority which identifies the new carrying economic branches of industry and names technical experts in the capacity as commissioners to the development.
Eleven Commissionerships to the development exist to date with the ULC:
– The commissionership in charge of agriculture, rural development, breeding, fishing, agricultural processing industry, and agro commercial.
– The commissionership in charge of national education and scientific research.
– The commissionership in charge of information and the NTIC
– The commissionership in charge of programs of public health and social affairs.
– The commissionership in charge of energy, mines, oil, and natural resources.
– The commissionership in charge of economic infrastructures
– The commissionership in charge of transport and habitat
– The commissionership in charge of trade, industry and the PME/PMI
– The commissionership in charge of environment, tourism, culture and arts.
– The commissionership in charge of training and employment.
– The commissionership in charge of culture, youth, sports and leisure
The commissionerships are subdivided into Divisions and Divisions into Cells to meet with celerity the needs for the communities.
ITEM XIV: General Services and Means (SMG):
Article 32: The General Services and Means of the ULC include:
A Direction of General Services and Means attached to the private cabinet of the Executive President.
This Department is in charge of managing everything that is outside the budget during the fiscal year (services, personnel, material, logistics, additional budgets, studies of new unforeseen projects in the initial program that appear necessary and essential in the course of the fiscal year to reach the objectives aimed by the ULC)
Article 33: Departments and Central Directions (DCD):
To date five central directions exist with the ULC:
– A Direction of Human Resources (DHR)
– A Direction of the Organization of Methods (DOM)
– A Direction of the Accounts Department and Budget (DAB)
– A Direction of Research and Statistics (DRS)
– A Direction of Logistics and Inheritance (DLI).
– A Direction of the Strategy and Planning (DSP).
ITEM XV: Attributions of the Central Directions:
Article 34: The Direction of Human Resources is in Charge of:
– Administration and payroll for the staff
– Integrated management of human resources
– Medical-social businesses
– Management and follow-up of the funds of a company
– Insurances of the people
Article 35: The Direction of the Organization and Methods is in charge of:
– Organization and methods
– Development and implementation of the data-processing strategy
– Data-processing developments
– Data-processing treatment
– Micro-processing assistance
– Local area networks and telecommunications.
Article 36: The Direction of Accountancy and the Budget is in charge of:
– The organization of the general ledger, auxiliary accountancy and the accounting cost
– Centralized book-keeping
– Development and the control of the implementation of the budget
– Development, the follow-up, the application and the update of the payment of accountancy
– Development, the follow-up, the application and the update of the general principles of Budgeting.
Article 37: The Direction of Research and Statistics is in charge of:
– Collection, centralization and management of the economic, demographic and financial data
– Development of the statistics
– Economic surveys
– Econometric studies
– Documentation and filing.
Article 38: The Direction of Logistics and the Inheritance is in charge of:
– The management of the material, furniture, and the office supplies
– The management of the real inheritance and completion of the real work
– The maintenance of the buildings, the material and furniture
– The insurance of the goods, function of the buildings and dwelling
– The safety of the goods and the people
– The management of the standard
– The management of printing works and the reprography
Article 39: The Direction of Strategy and Planning (DSP):
The Management of the Strategy and Planning is in charge of conducting all the programs at the level of the economic interventions.
It is in charge of working out the “Blueprint” of development of all the programs of the ULC based on an operational conceived strategy and not on the recommendations of the standards plans of development.
The DSP has a whole set of computerized procedures to apply all the standards to make it possible in technical and technological term to produce and to provide the investors and the financial backers with data as objective and realistic as possible.
ITEM XVI: The Permanent Delegations and their Attributions:
The Permanent Delegations of the ULC are the diplomatic Representations of the ULC placed on the territory of the States partners which collaborate with the Institution.
The Representations of the ULC abroad are Diplomatic missions placed under the supervision of the Representatives Residents named by the Executive President. They act under the authority of the President or his Representative.
The office has a right of veto on all the Representations of the ULC that are abroad.
Article 40: Attributions of the Permanent Delegations:
The Permanent Delegations are the Representation of the ULC on the own territory. The Representative Resident ensures the following functions:
– The representation of the President of the ULC on the own territory
– The management of the budget of which it is the principal computer of the expenditure
– The implementation and the follow-up of the policy of the institution on their own territory
– The follow-up of the projects and programs
– The management of the staff, of the jobs and the careers of the agents whose advances and promotions for whom proposals are addressed to the Executive President for decision.
– Administrative and social management
– The payroll of the staff
– Data-processing treatment
Article 41: Composition of the Services and Directions attached to the Permanent Delegations present on the territories of the States.
The permanent Delegations are made of the Services and following Directions:
– An internal Direction of audit
– An Accounting department and budget
– A Service of Human Resources
– A centre of Research and Statistics
– A Service of Logistics and Inheritance
– A Data processing department
– Services of the Operations and execution of the Investment plans
Article 42: Final Provisions:
The present charter is devoted to the administrative and technical organization of the ULC. It remains applicable within the framework of policy of the administrative and technical management of the ULC. It takes effect at the time of its signature by the Executive President. The present charter will be published everywhere where needed.
For the board of management of the ULC
The Executive President