Basic documents

INDEX: page 155 WORLD HEALTH ORGANIZATION BASIC DOCUMENTS Twenty-third Edition • GENEVA 1972 OFFICIAL RECORDS OF THE WORLD HEALTII ORGANIZATION (Separate editions in English, French, Russian and Spanish) The following volumes appear in this series: Annual Report of the Director-General to the World Health Assembly and to the United Nations-a comprehensive account of the Organization's work; illustrated. Financial Report and Report of the External Auditor - for each financial year. Programme and Budget Estimates - containing details of the proposed programme and estimated obligations for, the relevant financial year under the regular budget and other sources of funds. ' Proceedings of the World Health Assembly - containing resolutions and decisions, verbatim records of plenary meetings, summary records and reports of committees, and annexes. Reports of the Executive Board - the resolutions and decisions of each session, together with reports on subjects of special study. Reports on the World Health Situadon - a comprehensive review of the health situation of the world, followed by individual country reports received from Member States. Recent or forthcoming volumes: No. 196 Proposed Programme and Budget Estimates for 1973 ....................... : .... .' ... . No. 197 Annual Report of the Director-General for 1971 No. 198 Execudve Board, Forty-ninth Session, Part I .. No. 199 Execudve Board, Forty-ninth Session, Part II . No. 200 Financial Report, 1 January - 31 December 1971, and Report of the External Auditor (Supple- ment to the Annual Report of the Director- General) ............................. . No. 201 Twenty-fifth World Health Assembly, Part I .. , No. 202 Twenty-fifth World .Health Assembly, Part II . No. 203 Execudve Board, Fifdeth Session , ........... . Annual subscription Volumes of related interest include the following: The Second 'fen Years of the World Health Organi7.adon, 1958-1967- ............................ . This special twentieth anniversary volume provides a broad review of the work of WHO over the second decade of its existence. A sequel to The First Ten Years of the World Health Organization, the book is illustrated by photographs and maps and has an index. The Medical Research Programme of the World Health Organimdon 1964-19~: Report by the Director- £1.70 SS.75. Sw.fr. 17.- £1.50 SJ.75 Sw.fr. 15.- 70p Sl.75 Sw.fr. 7.- 70p Sl.75 Sw.fr. 7.- 70p Sl.75 Sw.fr. 7.- 70p Sl.75 Sw.fr. 7.- In preparation 40p Sl.00 Sw.fr. 4.- £5 S16.00 Sw.fr. 50.- £2.60 SS.75 Sw.fr. 26.- General • .. .. • .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . £2.70 $9.00 Sw.fr. 27.- An account of the expansion and evolution, during its second quinquennium, of WHO's intensified medical research programme. Descriptions of the Organization's activities in a wide range of subjects are complemented.by charts and annexes. Handbook of Resoludons and Decisions of the World Health Assembly and the Execudve Board, eleventh edition (twelfth edition in preparation) . . . . . . . . . . . £1.50 S5.00 Sw.fr. 15.-_ A compilation of resolutions and decisions of the World Health Assembly and the Board, grouped by subject, and covering the period June 1948 to May 1970. Prices are subject to chanae without notice. WORLD HEALTH ORGANIZATION BASIC DOCUMENTS Twenty-third Edition • GENEVA i. 197/ PRINTED IN FRANCE For index, see page 155 CONTENTS Page Constitution of the World Health Organization . . . . . . . . . . . 1 Rights and Obligations of Associate Members and other Territories 1. Health Assembly and Executive Board . . . . . . . . . . . . 19 2. Regional Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Convention on the Privileges and Immunities of the Specialized Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Annex VII -The World Health Organization . . . . . . . . 37 Agreements with other Intergovernmental Organizations Agreement between the World Health Organization and the Pan American Health Organization . . . . . . . . . . . . 38 Agreement between the United Nations and the World Health Organization . . . . . . . . . . .. . . .. . .. .. . . . . . . . . . 41 Agreement between the International Labour Organisation and the World Health Organization . . . . . . . . . . . . . . . 50 Agreement between the Food and Agriculture Organiza- tion and the World Health Organization . . . . . . . . . . . 54 Agreement between the United Nations Educational, Scientific and Cultural Organization and the World Health Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Agreement between the International Atomic Energy Agency and the World Health Organization . . . . . . . . 62 Relations with Non-governmental Organizations Working Principles Governing the Admission of Non- governmental Organizations into Official Relations with WHO . . . . . . . . . . . .. . . . . .. . . . . . . . . .. . . . . . . . . . 67 Principles to Govern Relations between WHO and Reg- ional and National Non-governmental Organizations 70 Financial Regulations of the World Health Organization . . . 71 Staff Regulations of the World Health Organization 83 Continued overleqf IV BASIC DOCUMENTS Page Regulations for Expert Advisory Panels and Committees . . 89 Annex-Rules of Procedure for Expert Committees and their Sub-Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Rules of Procedure of the World Health Assembly . . . . . . . . 98 Rules of Procedure of the Executive Board of the World Health Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 APPENDICES l. Members and Associate Members of the World Health Organization 143 2. Statute of the International Agency for Research on Cancer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 CONSTITUTION OF THE WORLD HEALTH ORGANIZATION 1 THE STATES Parties to this Constitution declare, in conformity with the Charter of the United Nations, that the following principles are basic to the happiness, harmonious relations and security of all peoples : Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. The health of all peoples is fundamental to the attainment of peace and security and is dependent upon the fullest co-operation of individuals and States. The achievement of any State in the promotion and protection of health is of value to all. Unequal development in different countries in the promotion of health and control of disease, especially communicable disease, is a common danger. Healthy development of the child is of basic importance; the ability to live harmoniously in a changing total environment is essential to such development. The extension to all peoples of the benefits of medical, psychological and related knowledge is essential to the fullest attainment of health. Informed opinion and active co-operation on the part of the public are of the utmost importance in the improvement of the health of the people. Governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures. ACCEPTING THESE PRINCIPLES, and for the purpose of co-operation among themselves and with others to promote and protect the health of all peoples, the Contracting Parties agree to the present Consti- tution and hereby establish the World Health Organization as l The Constitution was adopted by the International Health Conference held in New York from 19 June to 22 July 1946. and signed on 22 1uly 1946 by the representatives of 61 States (Off. Ree. Wld Hlth Org. 2, 100). Amendments adopted by the Twelfth World Health Assembly (resolution WHA12.43) came into force on 25 October 1960 and are incorporated in the present text. -1- 2 BASIC DOCUMENTS a specialized agency within the terms of Article 57 of the Charter of the United Nations. CHAPTER I - OBJECTIVE Article 1 The objective of the World Health Organization (hereinafter called the Organization) shall be the attainment by all peoples of the highest possible level of health. CHAPTER II - FUNCTIONS Article 2 In order to achieve its objective, the functions of the Organization shall be: (a) to act as the directing and co-ordinating authority on inter- national health work; (b) to establish and maintain effective collaboration with the United Nations, specialized agencies, governmental health administra- tions, professional groups and such other organizations as may be deemed appropriate; (c) to assist Governments, upon request, in strengthening health services; ( d) to furnish appropriate technical assistance and, in emergencies, necessary aid upon the request or acceptance of Governments; (e) to provide or assist in providing, upon the request of the United Nations, health services and facilities to special groups, such as the peoples of trust territories; (f) to establish and maintain such administrative and technical services as may be required, including epidemiological and statistical services; (g) to stimulate and advance work to eradicate epidemic, endemic and other diseases; (h) to promote, in co-operation with other specialized agencies where necessary, the prevention of accidental injuries; (i) to promote, in co-operation with other specialized agencies where necessary, the improvement of nutrition, housing, sanitation, recreation, economic or working conditions and other aspects of environmental hygiene; (j) to promote co-operation among scientific and professional groups which contribute to the advancement of health; (k) to propose conventions, agreements and regulations, and make recommendations with respect to international health matters CONSTITUTION OF WHO 3 and to perform such duties as may be assigned thereby to the Organization and are consistent with its objective; ([) to promote maternal and child health and welfare and to foster the ability to live harmoniously in a changing total environment; (m) to foster activities in the field of mental health, especially those affecting the harmony of human relations; (n) to promote and conduct research in the field of health; (o) to promote improved standards of teaching and training in the health, medical and related professions; (p) to study and report on, in co-operation with other specialized agencies where necessary, administrative and social techniques affecting public health and medical care from preventive and curative points of view, including hospital services and social security; (q) to provide information, counsel and assistance in the field of health; (r) to assist in developing an informed public opinion among all peoples on matters of health; (s) to establish and revise as necessary international nomenclatures of diseases, of causes of death and of public health practices; (t) to standardize diagnostic procedures as necessary; (u) to develop, establish and promote international standards with respect to food, biological, pharmaceutical and similar products; (v) generally to take all necessary action to attain the objective of the Organization. CHAPTER III - MEMBERSHIP AND AssocIATE MEMBERSHIP Article 3 Membership in the Organization shall be open to all States. Article 4 Members of the United Nations may become Members of the Organization by signing or otherwise accepting this Constitution in accordance with the provisions of Chapter XIX and in accordance with their constitutional processes. Article 5 The States whose Governments have been invited to send observers to the International Health Conference held in New York, 1946, may 4 BASIC DOCUMENTS become Members by signing or otherwise accepting this Constitution in accordance with the provisions of Chapter XIX and in accordance with their constitutional processes provided that such signature or acceptance shall be completed before the first session of the Health Assembly. Article 6 Subject to the conditions of any agreement between the United Nations and the Organization, approved pursuant to Chapter XVI, States which do not become Members in accordance with Articles 4 and 5 may apply to become Members and shall be admitted as Members when their application has been approved by a simple majority vote of the Health Assembly. Article 7 If a Member fails to meet its financial obligations to the Organization or in other exceptional circumstances, the Health Assembly may, on such conditions as it thinks proper, suspend the voting privileges and services to which a Member is entitled. The Health Assembly shall have the authority to restore such voting privileges and services. Article 8 Territories or groups of territories which are not responsible for the conduct of their international relations may be admitted as Associate Members by the Health Assembly upon application made on behalf of such territory or group of territories by the Member or other authority having responsibility for their international relations. Representatives of Associate Members to the Health Assembly should be qualified by their technical competence in the field of health and should be chosen from the native population. The nature and extent of the rights and obligations of Associate Members shall be determined by the Health Assembly. CHAPTER IV - ORGANS Article 9 The work of the Organization shall be carried out by : (a) The World Health Assembly (herein called the Health Assembly); (b) The Executive Board (hereinafter called the Board); (c) The Secretariat. CONSTITUTION OF WHO 5 CHAPTER V - THE WORLD HEALTH AsSEMBLY Article JO The Health Assembly shall be composed of delegates representing Members. Article 11 Each Member shall be represented by not more than three delegates, one of whom shall be designated by the Member as chief delegate. These delegates should be chosen from among persons most qualified by their technical competence in the field of health, preferably represent- ing the national health administration of the Member. Article 12 Alternates and advisers may accompany delegates. Article 13 The Health Assembly shall meet in regular annual session and in such special sessions as may be necessary. Special sessions shall be convened at the request of the Board or of a majority of the Members. Article 14 The Health Assembly, at each annual session, shall select the country or region in which the next annual session shall be held, the Board subsequently fixing the place. The Board shall determine the place where a special session shall be held. Article 15 The Board, after consultation with the Secretary-General of the United Nations, shall determine the date of each annual and special session. Article 16 The Health Assembly shall elect its President and other officers at the beginning of each annual session. They shall hold office until their successors are elected. Article 17 The Health Assembly shall adopt its own rules of procedure. 6 BASIC DOCUMENTS Article 18 The functions of the Health Assembly shall be : (a) to determine the policies of the Organization; (b) to name the Members entitled to designate a person to serve on the Board; (c) to appoint the Director-General; (d) to review and approve reports and activities of the Board and of the Director-General and to instruct the Board in regard to matters upon which action, study, investigation or report may be considered desirable; (e) to establish such committees as may be considered necessary for the work of the Organization; (f) to supervise the financial policies of the Organization and to review and approve the budget; (g) to instruct the Board and the Director-General to bring to the attention of Members and of international organizations, govern- mental or non-governmental, any matter with regard to health which the Health Assembly may consider appropriate; (h) (i) (j) (k) (/) to invite any organization, international or national, governmental or non-governmental, which has responsibilities related to those of the Organization, to appoint representatives to participate, without right of vote, in its meetings or in those of the committees and conferences convened under its authority, on conditions prescribed by the Health Assembly; but in the case of national organizations, invitations shall be issued only with the consent of the Government concerned; to consider recommendations bearing on health made by the General Assembly, the Economic and Social Council, the Security Council or Trusteeship Council of the United Nations, and to report to them on the steps taken by the Organization to give effect to such recommendations; to report to the Economic and Social Council in accordance with any agreement between the Organization and the United Nations; to promote and conduct research in the field of health by the personnel of the Organization, by the establishment of its own institutions or by co-operation with official or non-official institu- tions of any Member with the consent of its Government; to establish such other institutions as it may consider desirable; (m) to take any other appropriate action to further the objective of the Organization. CONSTITUTION OF WHO 7 Article 19 The Health Assembly shall have authority to adopt conventions or agreements with respect to any matter within the competence of the Organization. A two-thirds vote of the Health Assembly shall be required for the adoption of such conventions or agreements, which shall come into force for each Member when accepted by it in accord- ance with its constitutional processes. Article 20 Each Member undertakes that it will, within eighteen months after the adoption by the Health Assembly of a convention or agreement, take action relative to the acceptance of such convention or agreement. Each Member shall notify the Director-General of the action taken, and if it does not accept such convention or agreement within the time limit, it will furnish a statement of the reasons for non-acceptance. In case of acceptance, each Member agrees to make an annual report to the Director-General in accordance with Chapter XIV. Article 21 The Health Assembly shall have authority to adopt regulations concerning : (a) sanitary and quarantine requirements and other procedures designed to prevent the international spread of disease; (b) nomenclatures with respect to diseases, causes of death and public health practices; (c) standards with respect to diagnostic procedures for international use; (d) standards with respect to the safety, purity and potency of bio- logical, pharmaceutical and similar products moving in inter- national commerce; (e) advertising and labelling of biological, pharmaceutical and similar products moving in international commerce. Article 22 Regulations adopted pursuant to Article 21 shall come into force for all Members after due notice has been given of their adoption by the Health Assembly except for such Members as may notify the Director-General of rejection or reservations within the period stated in the notice. 8 BASIC DOCUMENTS Article 23 The Health Assembly shall have authority to make recommendations to Members with respect to any matter within the competence of the Organization. CHAPTER VI - THE EXECUTIVE BOARD Article 24 The Board shall consist of twenty-four persons designated by as many Members. The Health Assembly, taking into account an equitable geographical distribution, shall elect the Members entitled to designate a person to serve on the Board. Each of these Members should appoint to the Board a person technically qualified in the field of health, who may be accompanied by alternates and advisers. Article 25 These Members shall be elected for three years and may be re-elected, provided that of the twelve Members elected at the first session of the Health Assembly held after the coming into force of the amendment to this Constitution increasing the membership of the Board from eighteen to twenty-four the terms of two Members shall be for one year and the terms of two Members shall be for two years, as determined by lot. Article 26 The Board shall meet at least twice a year and shall determine the place of each meeting. Article 27 The Board shall elect its Chairman from among its members and shall adopt its own rules of procedure. Article 28 The functions of the Board shall be : (a) to give effect to the decisions and policies of the Health Assembly; (b) to act as the executive organ of the Health Assembly; (c) to perform any other functions entrusted to it by the Health Assembly; (d) to advise the Health Assembly on questions referred to it by that body and on matters assigned to the Organization by con- ventions, agreements and regulations; CONSTITUTION OF WHO 9 (e) to submit advice or proposals to the Health Assembly on its own initiative; (f) to prepare the agenda of meetings of the Health Assembly; (g) to submit to the Health Assembly for consideration and approval a general programme of work covering a specific period; (h) to study all questions within its competence; (i) to take emergency measures within the functions and financial resources of the Organization to deal with events requiring immediate action. In particular it may authorize the Director- General to take the necessary steps to combat epidemics, to participate in the organization of health relief to victims of a calamity and to undertake studies and research the urgency of which has been drawn to the attention of the Board by any Member or by the Director-General. Article 29 The Board shall exercise on behalf of the whole Health Assembly the powers delegated to it by that body. CHAPTER VII - THE SECRETARIAT Article 30 The Secretariat shall comprise the Director-General and such tech- nical and administrative staff as the Organization may require. Article 31 The Director-General shall be appointed by the Health Assembly on the nomination of the Board on such terms as the Health Assembly may determine. The Director-General, subject to the authority of the Board, shall be the chief technical and administrative officer of the Organization. Article 32 The Director-General shall be ex-officio Secretary of the Health Assembly, of the Board, of all commissions and committees of the Organization and of conferences convened by it. He may delegate these functions. Article 33 The Director-General or his representative may establish a procedure by agreement with Members, permitting him, for the purpose of discharging his duties, to have direct access to their various depart- 10 BASIC DOCUMENTS ments, especially to their health administrations and to national health organizations, governmental or non-governmental. He may also establish direct relations with international organizations whose activities come within the competence of the Organization. He shall keep regional offices informed on all matters involving their respective areas. Article 34 The Director-General shall prepare and submit annually to the Board the financial statements and budget estimates of the Organization. Article 35 The Director-General shall appoint the staff of the Secretariat in accordance with staff regulations established by the Health Assembly. The paramount consideration in the employment of the staff shall be to assure that the efficiency, integrity and internationally representative character of the Secretariat shall be maintained at the highest level. Due regard shall be paid also to the importance of recruiting the staff on as wide a geographical basis as possible. Article 36 The conditions of service of the staff of the Organization shall conform as far as possible with those of other United Nations organizations. Article 37 In the performance of their duties the Director-General and the staff shall not seek or receive instructions from any government or from any authority external to the Organization. They shall refrain from any action which might reflect on their position as international officers. Each Member of the Organization on its part undertakes to respect the exclusively international character of the Director-General and the staff and not to seek to influence them. CHAPTER VIII - CoMMITI'EES Article 38 The Board shall establish such committees as the Health Assembly may direct and, on its own initiative or on the proposal of the Director- General, may establish any other committees considered desirable to serve any purpose within the competence of the Organization. CONSTITUTION OF WHO 11 Article 39 The Board, from time to time and in any event annually, shall review the necessity for continuing each committee. Article 40 The Board may provide for the creation of or the participation by the Organization in joint or mixed committees with other organizations and for the representation of the Organization in committees established by such other organizations. CHAPTER IX - CoNFERENCES Article 41 The Health Assembly or the Board may convene local, general, technical or other special conferences to consider any matter within the competence of the Organization and may provide for the repre- sentation at such conferences of international organizations and, with the consent of the Government concerned, of national organizations, governmental or non-governmental. The manner of such representa- tion shall be determined by the Health Assembly or the Board. Article 42 The Board may provide for representation of the Organization at conferences in which the Board considers that the Organization has an interest. CHAPTER X - HEADQUARTERS Article 43 The location of the headquarters of the Organization shall be determined by the Health Assembly after consultation with the United Nations. CHAPTER XI - REGIONAL ARRANGEMENTS Article 44 (a) The Health Assembly shall from time to time define the geo- graphical areas in which it is desirable to establish a regional organization. (b) The Health Assembly may, with the consent of a majority of the Members situated within each area so defined, establish a regional organization to meet the special needs of such area. There shall not be more than one regional organization in each area. 12 BASIC DOCUMENTS Article 45 Each regional organization shall be an integral part of the Organiza- tion in accordance with this Constitution. Article 46 Each regional organization shall consist of a regional committee and a regional office. Article 47 Regional committees shall be composed of representatives of the Member States and Associate Members in the region concerned. Territories or groups of territories within the region, which are not responsible for the conduct of their international relations and which are not Associate Members, shall have the right to be represented and to participate in regional committees. The nature and extent of the rights and obligations of these territories or groups of territories in regional committees shall be determined by the Health Assembly in consultation with the Member or other authority having responsibility for the international relations of these territories and with the Member States in the region. Article 48 Regional committees shall meet as often as necessary and shall determine the place of each meeting. Article 49 Regional committees shall adopt their own rules of procedure. Article 50 The functions of the regional committee shall be : (a) to formulate policies governing matters of an exclusively regional character; (b) to supervise the activities of the regional office; (c) to suggest to the regional office the calling of technical conferences and such additional work or investigation in health matters as in the opinion of the regional committee would promote the objective of the Organization within the region; (d) to co-operate with the respective regional committees of the United Nations and with those of other specialized agencies and with other regional international organizations having interests in common with the Organization; CONSTITUTION OF WHO 13 (e) to tender advice, through the Director-General, to the Organization on international health matters which have wider than regional significance; (f) to recommend additional regional appropriations by the Govern- ments of the respective regions if the proportion of the central budget of the Organization allotted to that region is insufficient for the carrying-out of the regional functions; (g) such other functions as may be delegated to the regional committee by the Health Assembly, the Board or the Director-General. Article 51 Subject to the general authority of the Director-General of the Organization, the regional office shall be the administrative organ of the regional committee. It shall, in addition, carry out within the region the decisions of the Health Assembly and of the Board. Article 52 The head of the regional office shall be the Regional Director appointed by the Board in agreement with the regional committee. Article 53 The staff of the regional office shall be appointed in a manner to be determined by agreement between the Director-General and the Regional Director. Article 54 The Pan American Sanitary Organization 1 represented by the Pan American Sanitary Bureau and the Pan American Sanitary Conferences, and all other inter-governmental regional health organizations in existence prior to the date of signature of this Constitution, shall in due course be integrated with the Organization. This integration shall be effected as soon as practicable through common action based on mutual consent of the competent authorities expressed through the organizations concerned. CHAPTER XII - BUDGET AND EXPENSES Article 55 The Director-General shall prepare and submit to the Board the annual budget estimates of the Organization. The Board shall con- sider and submit to the Health Assembly such budget estimates, together with any recommendations the Board may deem advisable. 1 Renamed " Pan American Health Orsanization " by decision of the XV Pan American Sanitary Conference, September-October 1958. 2 14 BASIC DOCUMENTS Article 56 Subject to any agreement between the Organization and the United Nations, the Health Assembly shall review and approve the budget estimates and shall apportion the expenses among the Members in accordance with a scale to be fixed by the Health f..ssembly. Article 57 The Health Assembly or the Board acting on behalf of the Health Assembly may accept and administer gifts and bequests made to the Organization provided that the conditions attached to such gifts or bequests are acceptable to the Health Assembly or the Board and are consistent with the objective and policies of the Organization. Article 58 A special fund to be used at the discretion of the Board shall be established to meet emergencies and unforeseen contingencies. CHAPTER XIII - VOTING Article 59 Each Member shall have one vote in the Health Assembly. Article 60 (a) Decisions of the Health Assembly on important questions shall be made by a two-thirds majority of the Members present and voting. These questions shall include : the adoption of conventions or agree- ments; the approval of agreements bringing the Organization into relation with the United Nations and inter-governmental organizations and agencies in accordance with Articles 69, 70 and 72; amendments to this Constitution. (b) Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the Members present and voting. (c) Voting on analogous matters in the Board and in committees of the Organization shall be made in accordance with paragraphs (a) and (b) of this Article. CHAPTER XIV - REPORTS SUBMITTED BY STATES Article 61 Each Member shall report annually to the Organization on the action taken and progress achieved in improving the health of its people. CONSTITUTION OF WHO 15 Article 62 Each Member shall report annually on the action taken with respect to recommendations made to it by the Organization and with respect to conventions, agreements and regulations. Article 63 Each Member shall communicate promptly to the Organization important laws, regulations, official reports and statistics pertaining to health which have been published in the State concerned. Article 64 Each Member shall provide statistical anct epidemiological reports in a manner to be determined by the Health Assembly. Article 65 Each Member shall transmit upon the request of the Board such additional information pertaining to health as may be practicable. CHAPTER XV - LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES Article 66 The Organization shall enjoy in the territory of each Member such legal capacity as may be necessary for the fulfilment of its objective and for the exercise of its functions. Article 67 (a) The Organization shall enjoy in the territory of each Member such privileges and immunities as may be necessary for the fulfilment of its objective and for the exercise of its functions. (b) Representatives of Members, persons designated to serve on the Board and technical and administrative personnel of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization. Article 68 Such legal capacity, privileges and immunities shall be defined in a separate agreement to be prepared by the Organization in consultation with the Secretary-General of the United Nations and concluded between the Members. 16 BASIC DOCUMENTS CHAPTER XVI - RELATIONS WITH OTHER ORGANIZATIONS Article 69 The Organization shall be brought into relation with the United Nations as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations. The agreement or agreements bringing the Organization into relation with the United Nations shall be subject to approval by a two-thirds vote of the Health Assembly. Article 70 The Organization shall establish effective relations and co-operate closely with such other inter-governmental organizations as may be desirable. Any formal agreement entered into with such organizations shall be subject to approval by a two-thirds vote of the Health Assembly. Article 71 The Organization may, on matters within its competence, make suitable arrangements for consultation and co-operation with non- governmental international organizations and, with the consent of the Government concerned, with national organizations, governmental or non-governmental. Article 72 Subject to the approval by a two-thirds vote of the Health Assembly, the Organization may take over from any other international organization or agency whose purpose and activities lie within the field of competence of the Organization such functions, resources and obligations as may be conferred upon the Organization by international agreement or by mutually acceptable arrangements entered into between the competent authorities of the respective organizations. CHAPTER XVII - AMENDMENTS Article 73 Texts of proposed amendments to this Constitution shall be com- municated by the Director-General to Members at least six months in advance of their consideration by the Health Assembly. Amend- ments shall come into force for all Members when adopted by a two- thirds vote of the Health Assembly and accepted by two-thirds of the Members in accordance with their respective constitutional processes. CONSTITUTION OF WHO 17 CHAPTER XVIII - INTERPRETATION Article 74 The Chinese, English, French, Russian and Spanish texts of this Constitution shall be regarded as equally authentic. Article 75 Any question or dispute concerning the interpretation or application of this Constitution which is not settled by negotiation or by the Health Assembly shall be referred to the International Court of Justice in conformity with the Statute of the Court, unless the parties concerned agree on another mode of settlement. Article 76 Upon authorization by the General Assembly of the United Nations or upon authorization in accordance with any agreement between the Organization and the United Nations, the Organization may request the International Court of Justice for an advisory opinion on any legal question arising within the competence of the Organization. Article 77 The Director-General may appear before the Court on behalf of the Organization in connexion with any proceedings arising out of any such request for an advisory opinion. He shall make arrangements for the presentation of the case before the Court, including arrangements for the argument of different views on the question. CHAPTER XIX - ENTRY-INTO-FORCE Article 78 Subject to the prov1s1ons of Chapter III, this Constitution shall remain open to all States for signature or acceptance. Article 79 (a) States may become parties to this Constitution by (i) signature without reservation as to approval; (ii) signature subject to approval followed by acceptance; or (iii) acceptance. 18 BASIC DOCUMENTS (b) Acceptance shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations. Article 80 This Constitution shall come into force when twenty-six Members of the United Nations have become parties to it in accordance with the provisions of Article 79. Article 81 In accordance with Article 102 of the Charter of the United Nations, the Secretary-General of the United Nations will register this Constitu- tion when it has been signed without reservation as to approval on behalf of one State or upon deposit of the first instrument of accept- ance. Article 82 The Secretary-General of the United Nations will inform States parties to this Constitution of the date when it has come into force. He will also inform them of the dates when other States have become parties to this Constitution. IN FAITH WHEREOF the undersigned representatives, having been duly authorized for that purpose, sign this Constitution. DoNE in the City of New York this twenty-second day of July 1946, in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original texts shall be deposited in the archives of the United Nations. The Secretary- General of the United Nations will send certified copies to each of the Governments represented at the Conference. RIGHTS AND OBLIGATIONS OF ASSOCIATE MEMBERS AND OTHER TERRITORIES 1. Health Assembly and Executive Board 1 Whereas Article 8 of the Constitution of the World Health Organiza- tion provides that the nature and extent of the rights and obligations of Associate Members shall be determined by the Health Assembly, and Whereas there is need for further study in connexion with Articles 8 and 47 of the Constitution of the rights and obligations in regional organizations of Associate Members and of territories or groups of territories which are not responsible for the conduct of their inter- national relations and which are not Associate Members, The First World Health Assembly RESOLVPS 1. that Associate Members shall have the right : (i) to participate without vote in the deliberations of the Health Assembly and its main committees; (ii) to participate with vote and to hold office in other committees or sub-committees of the Assembly, except the General Committee, the Committee on Credentials, and the Nominations Committee; (iii) to participate equally with Members, subject to the limitation on voting in paragraph (i) above, in matters pertaining to the con- duct of business of meetings of the Assembly and its committees, in accordance with Rules 49 to 68, and 82 to 83, of the Rules of Procedure of the Assembly; (iv) to propose items for inclusion in the provisional agenda of the Assembly; (v) to receive equally with Members all notices, documents, reports and records; (vi) ·to participate equally with Members in the procedure for con- vening special sessions; 1 Text adopted by the First World Health Assembly on 21 July 1948 (Off. Ree. Wld Hlth Org.13, 100, 337). (The numben of the Rules of Procedure mentioned in paragraph I (iii) have been chanaed to aaree with lho revised venion of the Rules, as reproduced on page 98.) -19- 20 BASIC DOCUMENTS 2. that Associate Members shall have the right, equally with Members, to submit proposals to the Executive Board, and to participate, in accordance with regulations established by the Board, in committees established by it, but they shall not be eligible for membership on the Board; 3. that Associate Members shall be subject to the same obligations as Members, except that the difference in their status shall be taken into account in determining the amount of their contribution to the budget of the Organization; 4. that the Executive Board be requested to submit a report with recommendations to the next Health Assembly, taking into account Article 47 of the Constitution and any comments or recommendations from Members and from regional organizations concerning the rights and obligations in regional organizations of Associate Members and of territories or groups of territories which are not responsible for the conduct of their international relations and which are not Associate Members, the report to be transmitted to the Members at least two months in advance of the convening of the Assembly. 2. Regional Organizations 1 The Second World Health Assembly, Having regard to Articles 8 and 47 of the Constitution; and Having regard to paragraph 4 of the resolution of the First World Health Assembly concerning the rights and obligations of Associate Members; 2 and Having regard to the reports of the Executive Board at its second and third sessions; a and Having regard to a statement 4 concerning the Pan American Sanitary Organization, 5 RFSOL VF.S AS FOLLOWS : 1. For the purposes of Article 47 of the Constitution, States Members in a region shall be deemed to be those States Members having their seat of government within the region; 1 Text adopted by the Second World Health Assembly on 30 June 1949 (resolution WHAl.103). The rights and obligations of Associate Members were further considered by the Fifth, Sixth, Seventh, Ninth and Tenth World Health Assemblies, and by the Executive Board at its ninth, tenth, eleventh, thirteenth, fifteenth and nineteenth sessions, but have remained unchanged. The relevant resolutions will be found in the Handbook of Resolutions and Decisions t:,j the World Health Assembly and the Executive Board, section 6.2.2 (eleventh edition). 2 See above. 8 Off. Ree. Wld Hlth Org. 14, 26, S4; 17, 17. 4 Off. Ree. Wld Hlth Org. 21, 384. Ii Renamed " Pan American Health Organization " by decision of tbe XV Pan American Sanitary Conference, September-October 19S8. RIGHTS AND OBLIGATIONS OF ASSOCIATE MEMBERS 21 2. Those States Members not having their seat of government within the region, which (a) either by reason of their Constitution consider certain territories or groups of territories in the region as part of their national territory, or (b) are responsible for the conduct of the inter- national relations of territories or groups of territories within the region, shall participate as Members of the regional committee, in which case they shall have all the rights, privileges and obligations of Member States in the region, but with only one vote for all the territories or groups of territories in the region, as defined in (a) and (b) above; 3. (l) Territories or groups of territories in the region which are not responsible for the conduct of their international relations, whether Associate Members or otherwise, may participate in regional committees, in accordance with Articles 8 and 47 of the Constitu- tion; (2) Associate Members shall have all rights and obligations in the regional organizations, with the exception that they will have no vote in plenary meetings of the regional committee, nor in sub- divisions dealing with finance or constitutional matters; (3) Representatives of Associate Members should be qualified by their technical competence in the field of health and should be chosen from the native population in accordance with Article 8 of the Con- stitution; (4) In the case of territories not responsible for the conduct of their international relations and not Associate Members, the rights and obligations in (2) above shall apply subject to consultation between the States Members in a region as defined in 1 above and the Members or other authority having responsibility for the inter- national relations of these territories; (5) In recommending any additional appropriation under Article 50 (f) of the Constitution, the regional committee shall take account of the difference in status between States Members, on the one hand, and Associate Members and other territories or groups of territories not responsible for the conduct of their international relations, on the other; 4. In view of the statement made by the Director of the Pan American Sanitary Organization 1 and of the fact that integration between PASO and WHO is still in process, the application of the above recommenda- tion in the American Region shall await the completion of these negotiations for such integration; 1 Off. Ree. Wld Hlth 0•6· :n, 384. 22 BASIC DOCUMENTS 5. The Executive Board should keep under review the implementa- tion of these decisions and submit to the Fifth World Health Assembly,! at the latest, a report thereon in order that that Assembly might deter- mine what, if any, modifications might be required in the above deci- sions in the light of experience. 1 See footnote l on p. 20. CONVENTION ON THE PRIVILEGES AND IMMUNillES OF THE SPECIALIZED AGENCIES 1 WHEREAS the General Assembly of the United Nations adopted on 13 February 1946 a resolution contemplating the unification as far as possible of the privileges and immunities enjoyed by the United Nations and by the various specialized agencies; and WHEREAS consultations concerning the implementation of the afore- said resolution have taken place between the United Nations and the specialized agencies; CONSEQUENTLY, by resolution 179 (II) adopted on 21 November 1947, the General Assembly has approved the following Convention, which is submitted to the specialized agencies for acceptance and to every Member of the United Nations and to every other State member of one or more of the specialized agencies for accession. Article I - Definitions and Scope Section 1 In this Convention : (i) The words " standard clauses " refer to the provisions of Articles II to IX. (ii) The words " specialized agencies " mean : (a) The International Labour Organisation; (b) The Food and Agriculture Organization of the United Nations; (c) The United Nations Educational, Scientific and Cultural Orga- nization; (d) The International Civil Aviation Organization; (e) The International Monetary Fund; (f) The International Bank for Reconstruction and Development; (g) The World Health Organization; (h) The Universal Postal Union; (i) The International Telecommunication Union; and 1 Adopted by the First World Health Assembly on 17 July 1948 (Off. Ree. Wld Hlth Org. 13, 97, 332). -23- 24 BASIC DOCUMENTS (j) Any other agency in relationship with the United Nations in accordance with Articles 57 and 63 of the Charter. (iii) The word " Convention " means, in relation to any particular specialized agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with sections 36 and 38. (iv) For the purposes of article III, the words " property and assets " shall also include property and funds administered by a specialized agency in furtherance of its constitutional functions. (v) For the purposes of articles V and VII, the expression "repre- sentatives of members " shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations. (vi) In sections 13, 14, 15 and 25, the expression "meetings convened by a specialized agency" means meetings : (1) of its assembly and of its executive body (however designated), and (2) of any commission provided for in its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies. (vii) The term " executive head " means the principal executive offi- cial of the specialized agency in question, whether designated "Direc- tor-General " or otherwise. Section 2 Each State party to this Convention in respect of any specialized agency to which this Convention has become applicable in accordance with section 37 shall accord to, or in connexion with, that agency the privileges and immunities set forth in the standard clauses on the conditions specified therein, subject to any modification of those clauses contained in the provisions of the final (or revised) annex relat- ing to that agency and transmitted in accordance with sections 36 or 38. Article II - Juridical Personality Section 3 The specialized agencies shall possess juridical personality. They shall have the capacity (a) to contract, (b) to acquire and dispose of immovable and movable property, (c) to institute legal proceedings. Article III - Property, Funds and Assets Section 4 The specialized agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of CONVENTION ON PRIVILEGES AND IMMUNITIES 25 legal process except in so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. Section 5 The premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever located and by whomsoever held, shall be immune from search, requisition, con- fiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action. Section 6 The archives of the specialized agencies, and in general all docu- ments belonging to them or held by them, shall be inviolable, wherever located. Section 7 Without being restricted by financial controls, regulations or mora- toria of any kind : (a) The specialized agencies may hold funds, gold or currency of any kind and operate accounts in any currency; (b) The specialized agencies may freely transfer their funds, gold or currency from one country to another or within any country and convert any currency held by them into any other currency. Section 8 Each specialized agency shall, in exercising its rights under section 7 above, pay due regard to any representations made by the Government of any State party to this Convention in so far as it is considered that effect can be given to such representations without detriment to the interests of the agency. Section 9 The specialized agencies, their assets, income and other property shall be: (a) Exempt from all direct taxes; it is understood, however, that the specialized agencies will not claim exemption from taxes which are, in fact, no more than charges for public utility services; 26 BASIC DOCUMENTS (b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the specialized agencies for their official use; it is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed to with the Government of that country; (c) Exempt from duties and prohibitions and restrictions on imports and exports in respect of their publications. Section 10 While the specialized agencies will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the specialized agencies are making important pur- chases for official use of property on which such duties and taxes have been charged or are chargeable, States parties to this Convention will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. Article IV - Facilities in respect of Communications Section 11 Each specialized agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official com- munications, treatment not less favourable than that accorded by the Government of such State to any other Government, including the latter's diplomatic mission, in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio. Section 12 No censorship shall be applied to the official correspondence and other official communications of the specialized agencies. The specialized agencies shall have the right to use codes and to dispatch and receive correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Nothing in this section shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Convention and a specialized agency. CONVENTION ON PRIVILEGES AND IMMUNITIES 27 Article V - Representatives of Members Section 13 Representatives of members at meetings convened by a specialized agency shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities : (a) Immunity from personal arrest or detention and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immu- nity from legal process of every kind; (b) Inviolability for all papers and documents; (c) The right to use codes and to receive papers or correspondence by courier or in sealed bags; (d) Exemption in respect of themselves and their spouses from immi- gration restrictions, aliens' registration or national service obliga- tions in the State which they are visiting or through which they are passing in the exercise of their functions; (e) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions; (!) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions. Section 14 In order to secure for the representatives of members of the spe- cialized agencies at meetings convened by them complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties. Section 15 Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialized agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence. 28 BASIC DOCUMENTS Section 16 Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connexion with the specialized agencies. Consequently, a member not only has the right but is under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. Section 17 The provisions of sections 13, 14 and 15 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative. Article VI - Officials Section 181 Each specialized agency will specify the categories of officials to which the provisions of this article and of article VIII shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the United Nations. The names of the officials included in these categories shall from time to time be made known to the above-mentioned Governments. Section 19 Officials of the specialized agencies shall : (a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; 1 The following resolution (WHA12.41) was adopted by the Twelfth World Health Assembly on 28 May 1959: Tho Twelfth World Health Assembly, Considering Section 18 of Article VI of the Convention on the Privileges and Immunities of the Specialized Agencies which requires that each specialized agency will specify the categories of officials to which the provisions of that Article and Article VIII shall apply; and Considering the practice hitherto followed by the World Health Organization and under which, in implementing the terms of Section 18 of the Convention, due account bas been taken of the provisions of resolution 76 (I) of the General Assembly of the United Nations, I. CONFIRMS this practice; and 2. APPROVES the granting of the privileges and immunities referred to in Articles VI and VIII of the Convention on the Privileges and Immunitier. of the Specialized Agencies to all officials of the World Health Oraanizatioo, with the exception of those who are recruited locally and are assigned to hourly rates. CONVENTION ON PRIVILEGES AND IMMUNITIES 29 (b) Enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialized agencies and on the same conditions as are enjoyed by officials of the United Nations; (c) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration; (d) Be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank of diplomatic missions; (e) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crises as officials of comparable rank of diplomatic missions; (fl Have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question. Section 20 The officials of the specialized agencies shall be exempt from national service obligations, provided that, in relation to the States of which they are nationals, such exemption shall be confined to officials of the specialized agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialized agency and approved by the State concerned. Should other officials of specialized agencies be called up for national service, the State concerned shall, at the request of the specialized agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continua- tion of essential work. Section 21 In addition to the immunities and privileges specified in sections 19 and 20, the executive head of each specialized agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. Section 22 Privileges and immunities are granted to officials in the interests of the specialized agencies only and not for the personal benefit of the individuals themselves. Each specialized agency shall have the right 3 30 BASIC DOCUMENTS and the duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialized agency. Section 23 Each specialized agency shall co-operate at all times with the appropriate authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connexion with the privileges, immunities and facilities mentioned in this article. Article VII - Abuses of Privilege Section 24 If any State party to this Convention considers that there has been an abuse of a privilege or immunity conferred by this Convention, consultations shall be held between that State and the specialized agency concerned to determine whether any such abuse has occurred and, if so, to attempt to ensure that no repetition occurs. If such consultations fail to achieve a result satisfactory to the State and the specialized agency concerned, the question whether an abuse of a pri- vilege or immunity has occurred shall be submitted to the International Court of Justice in accordance with section 32. If the International Court of Justice finds that such an abuse has occurred, the State party to this Convention affected by such abuse shall have the right, after notification to the specialized agency in question, to withhold from the specialized agency concerned the benefits of the privilege or immunity so abused. Section 25 1. Representatives of members at meetings convened by specialized agencies, while exercising their functions and during their journeys to and from the place of meeting, and officials within the meaning of section 18, shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the Government of that country provided that : 2. (I) Representatives of members, or persons who are entitled to diplomatic immunity under section 21, shall not be required to CONVENTION ON PRIVILEGES AND IMMUNITIES 31 leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country. (ID In the case of an official to whom section 21 is not applicable, no order to leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the executive head of the specialized agency concerned; and, if expulsion proceedings are taken against an official, the executive head of the specialized agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted. Article VIII - Laissez-passer Section 26 Officials of the specialized agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be concluded between the Secretary-General of the United Nations and the competent authorities of the specialized agencies, to which agencies special powers to issue laissez-passer may be delegated. The Secretary-General of the United Nations shall notify each State party to this Convention of each administrative arrangement so concluded. Section 27 States parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents. Section 28 Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel. Section 29 Similar facilities to those specified in section 28 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of a specialized agency. 32 BASIC DOCUMENTS Section 30 The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, travelling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions. Article IX - Settlement of Disputes Section 31 Each specialized agency shall make provision for appropriate modes of settlement of : (a) Disputes arising out of contracts or other disputes of private character to which the specialized agency is a party; (b) Disputes involving any official of a specialized agency who by reason of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of section 22. Section 32 All differences arising out of the interpretation or application of the present Convention shall be referred to the International Court of Justice unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between one of the specialized agencies on the one hand, and a member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court and the relevant provisions of the agreements concluded between the United Nations and the specialized agency concerned. The opinion given by the Court shall be accepted as decisive by the parties. Article X - Annexes and Application to Individual Specialized Agencies Section 33 In their application to each specialized agency, the standard clauses shall operate subject to any modifications set forth in the final ( or revised) text of the annex relating to that agency, as provided in sections 36 and 38. CONVENTION ON PRIVILEGES AND IMMUNITIES 33 Section 34 The prov1s1ons of the Convention in relation to any specialized agency must be interpreted in the light of the functions with which that agency is entrusted by its constitutional instrument. Section 35 Draft annexes I to IX are recommended to the specialized agencies named therein. In the case of any specialized agency not mentioned by name in section 1, the Secretary-General of the United Nations shall transmit to the agency a draft annex recommended by the Economic and Social Council. Section 36 The final text of each annex shall be that approved by the specialized agency in question in accordance with its constitutional procedure. A copy of the annex as approved by each specialized agency shall be transmitted by the agency in question to the Secretary-General of the United Nations and shall thereupon replace the draft referred to in section 35. Section 37 The present Convention becomes applicable to each specialized agency when it has transmitted to the Secretary-General of the United Nations the final text of the relevant annex and has informed him that it accepts the standard clauses, as modified by this annex, and under- takes to give effect to sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 (subject to any modification of section 32 which may be found necessary in order to make the final text of the annex consonant with the constitutional instrument of the agency) and any provisions of the annex placing obligations on the agency. The Secretary-General shall communicate to all Members of the United Nations and to other States members of the specialized agencies certified copies of all annexes transmitted to him under this section and of revised annexes transmitted under section 38. Section 38 If, after the transmission of a final annex under section 36, any specialized agency approves any amendments thereto in accordance with its constitutional procedure, a revised annex shall be transmitted by it to the Secretary-General of the United Nations. 34 BASIC DOCUMENTS Section 39 The provisions of this Convention shall in no way limit or prejudice the privileges and immunities which have been, or may hereafter be, accorded by any State to any specialized agency by reason of the location in the territory of that State of its headquarters or regional offices. This Convention shall not be deemed to prevent the conclusion between any State party thereto and any specialized agency of supple- mental agreements adjusting the provisions of this Convention or extending or curtailing the privileges and immunities thereby granted. Section 40 It is understood that the standard clauses, as modified by the final text of an annex sent by a specialized agency to the Secretary-General of the United Nations under section 36 (or any revised annex sent under section 38), will be consistent with the provisions of the consti- tutional instrument then in force of the agency in question, and that if any amendment to that instrument is necessary for the purpose of making the constitutional instrument so consistent, such amendment will have been brought into force in accordance with the constitutional procedure of that agency before the final ( or revised) annex is trans- mitted. The Convention shall not itself operate so as to abrogate, or derogate from, any provisions of the constitutional instrument of any specialized agency or any rights or obligations which the agency may otherwise have, acquire, or assume. Article XI - Final Provisions Section 41 Accession to this Convention by a Member of the United Nations and (subject to section 42) by any State member of a specialized agency shall be effected by deposit with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of its deposit. Section 42 Each specialized agency concerned shall communicate the text of this Convention together with the relevant annexes to those of its members which are not Members of the United Nations and shall CONVENTION ON PRIVILEGES AND IMMUNITIES 3S invite them to accede thereto in respect of that agency by depositing an instrument of accession to this Convention in respect thereof either with the Secretary-General of the United Nations or with the executive head of the specialized agency. Section 43 Each State party to this Convention shall indicate in its instrument of accession the specialized agency or agencies in respect of which it undertakes to apply the provisions of this Convention. Each State party to this Convention may by a subsequent written notification to the Secretary-General of the United Nations undertake to apply the provisions of this Convention to one or more further specialized agencies. This notification shall take effect on the date of its receipt by the Secre- tary-General. Section 44 This Convention shall enter into force for each State party to this Convention in respect of a specialized agency when it has become applicable to that agency in accordance with section 37 and the State party has undertaken to apply the provisions of the Convention to that agency in accordance with section 43. Section 45 The Secretary-General of the United Nations shall inform all members of the United Nations, as well as all members of the specialized agencies, and executive heads of the specialized agencies, of the deposit of each instrument of accession received under section 41 and of subsequent notifications received under section 43. The executive head of a specialized agency shall inform the Secretary-General of the United Nations and the members of the agency concerned of the deposit of any instrument of accession deposited with him under section 42. Section 46 It is understood that, when an instrument of accession or a sub- sequent notification is deposited on behalf of any State, this State will be in a position under its own law to give effect to the terms of this Convention, as modified by the final texts of any annexes relating to the agencies covered by such accessions or notifications. 36 BASIC DOCUMENTS Section 47 1. Subject to the provisions of paragraphs 2 and 3 of this section, each State party to this Convention undertakes to apply this Convention in respect of each specialized agency covered by its accession or sub- sequent notification, until such time as a revised convention or annex shall have become applicable to that agency and the said State shall have accepted the revised convention or annex. In the case of a revised annex, the acceptance of States shall be by a notification addressed to the Secretary-General of the United Nations. which shall take effect on the date of its receipt by the Secretary-General. 2. Each State party to this Convention, however, which is not, or has ceased to be, a member of a specialized agency, may address a written notification to the Secretary-General of the United Nations and the executive head of the agency concerned to the effect that it intends to withhold from that agency the benefits of this Convention as from a specified date, which shall not be earlier than three months from the date of receipt of the notification. 3. Each State party to this Convention may withhold the benefit of this Convention to any specialized agency which ceases to be in relationship with the United Nations. 4. The Secretary-General of the United Nations shall inform all member States parties to this Convention of any notification trans- mitted to him under the provisions of this section. Section 48 At the request of one-third of the States parties to this Convention, the Secretary-General of the United Nations will convene a conference with a view to its revision. Section 49 The Secretary-General of the United Nations shall transmit copies of this Convention to each specialized agency and to the Government of each Member of the United Nations. CONVENfION ON PRIVILEGES AND IMMUNITIES 37 ANNEX VII - THE WORLD HEALTH ORGANIZATION 1 In their application to the World Health Organization (hereinafter called " the Organization ") the standard clauses shall operate subject to the following modi· fications : 1. Article V and Section 25, paragraphs 1 and 2 (0, of Article VII shall extend to persons designated to serve on the Executive Board of the Organization, their alternates and advisers, except that any waiver of the immunity of any such persons under Section 16 shall be by the Board. 2. (i) Expert'l (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connexion with service on such committees or missions : (a) Immunity from personal arrest or seizure of their pt>rsonal baggage; (b) In respect of words spoken or written or acts done by them in the performance of their official functions, immunity of legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign govern- ments on temporary official missions; (tf) Inviolability for all papers and documents; (e) For the purpose of their communications with the Organization, the right to use codes and to receive papers or correspondence by courier or in sealed bags. (ii) The privileges and immunities set forth in paragraphs (b) and (e) above shall be accorded to persons serving on Expert Advisory Panels of the Organization in the exercise of their functions as such. (iii) Privileges and immunities are granted to the experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any expert in any case where in its opinion the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organization. 3. Article V and Section 25, paragraphs 1 and 2 (I), of Article VII shall extend to the representatives of Associate Members participating in the work of the Organization in accordance with Articles 8 and 47 of the Constitution. 4. The privileges, immunities, exemptions and facilities referred to in Section 21 of the standard clauses shall also be accorded to any Deputy Director-General, Assistant Director-General and Regional Director of the Organization. 1 Adopted by the First World Healtb Assembly on 17 July 1948 (Off. Ree. Wld Hlth Org. 13, 97, 332) and amended by the Third, Tentb and Eleventh World Health Assemblies (resolutions WHA3.102, WHAI0.26 and WHAll.30), AGREEMENTS WITH OTHER INTERGOVERNMENTAL ORGANIZATIONS AGREEMENT BETWEEN THE WORLD HEALTH ORGANIZATION AND THE PAN AMERICAN HEALTH ORGANIZATION 1 Whereas Chapter XI of the Constitution of the World Health Orga- nization provides that the Pan American Sanitary Organization 2 represented by the Pan American Sanitary Bureau and the Pan Ame- rican Sanitary Conference shall in due course be integrated with the World Health Organization and that such integration shall be effected as soon as practicable through common action based on mutual consent of the competent authorities expressed through the organizations con- cerned; and Whereas the World Health Organization and the Pan American Sanitary Organization have agreed that measures towards the imple- mentation of such action by the conclusion of an agreement shall be taken when at least fourteen American countries shall have ratified the Constitution of the World Health Organization; and Whereas on the twenty-second of April 1949 this condition was satisfied, IT IS HEREBY AGREED AS FOLLOWS : Article I The States and territories of the Western Hemisphere make up the geographical area of a regional organization of the World Health Organization, as provided in Chapter XI of its Constitution. Article 2 The Pan American Sanitary Conference, through the Directing Council of the Pan American Sanitary Organization and the Pan Ame- rican Sanitary Bureau, shall serve respectively as the Regional Com- mittee and the Regional Office of the World Health Organization for the Western Hemisphere, within the provisions of the Constitution of 1 Approved by the Second World Health Assembly on 30 June 1949 in resolution WHA2.91. 2 Renamed " Pan American Health Organization" by decision of the XV Pan American Sanitacy Conference, September-October 1958. -38- AGREEMENT BETWEEN WHO AND PAHO 39 the World Health Organization. In deference to tradition, both orga- nizations shall retain their respective names, to which shall be added "Regional Committee of the World Health Organization" and "Regional Office of the World Health Organization" respectively. Article 3 The Pan American Sanitary Conference may adopt and promote health and sanitary conventions and programmes in the Western Hemisphere, provided that such conventions and programmes are compatible with the policy and programmes of the World Health Organization and are separately financed. Article 4 When this Agreement enters into force, the Director of the Pan American Sanitary Bureau shall assume, subject to the provisions of Article 2, the post of Regional Director of the World Health Orga- nization, until the termination of the period for which he was elected. Thereafter, the Regional Director shall be appointed in accordance with the provisions of Articles 49 and 52 of the World Health Orga- nization Constitution. Article 5 In accordance with the provisions of Article 51 of the Constitution of the World Health Organization, the Director-General of the World Health Organization shall receive from the Director of the Pan Ameri- can Sanitary Bureau full information regarding the administration and the operations of the Pan American Sanitary Bureau as the Regional Office for the Western Hemisphere. Article 6 A'n adequate proportion of the budget of the World Health Orga- nization shall be allocated for regional work. Article 7 The annual budget estimates for the expenses of the Pan American Sanitary Bureau as the Regional Office for the Western Hemisphere shall be prepared by the Regional Director and shall be submitted to the Director-General for his consideration in the preparation of the annual budget estimates of the World Health Organization. Article 8 The funds allocated to the Pan American Sanitary Bureau, as Regional Office of the World Health Organization, under the budget 40 BASIC DOCUMENTS of the World Health Organization, shall be managed in accordance with the financial policies and procedures of the World Health Organization. Article 9 This Agreement may be supplemented with the consent of both parties, on the initiative of either party. Article JO This Agreement shall enter into force upon its approval by the World Health Assembly and signature by the Director of the Pan American Sanitary Bureau, acting on behalf of the Pan American Sanitary Conference, provided that fourteen of the American Repub- lics have at that time deposited their instruments of acceptance of the Constitution of the World Health Organization. Article 11 In case of doubt or difficulty in interpretation, the English text shall govern. IN WITNESS WHEREOF this Agreement was done and signed at Washing- ton on this twenty-fourth day of May nineteen hundred and forty-nine in four copies, two in English and two in French. For the World Health Organization : Brock CHISHOLM Director-General For the Pan American Sanitary Conference : Fred SOPER The Director AGREEMENT BETWEEN THE UNITED NATIONS AND THE WORLD HEALTH ORGANIZATION 1 Preamble Article 57 of the Charter of the United Nations provides that specialized agencies established by intergovernmental agreement and having wide international responsibilities as defined in their basic instruments in economic, social, cultural, educational, health and related fields shall be brought into relationship with the United Nations. Article 69 of the Constitution of the World Health Organization provides that the Organization shall be brought into relation with the United Nations as one of the specialized agencies referred to in Article 57 of the Charter. Therefore, the United Nations and the World Health Organization agree as follows : Article I The United Nations recognizes the World Health Organization as the specialized agency responsible for taking such action as may be appropriate under its Constitution for the accomplishment of the objectives set forth therein. Article II - Reciprocal Representation 1. Representatives of the United Nations shall be invited to attend the meetings of the World Health Assembly and its committees, the Executive Board, and such general, regional or other special meetings as the Organization may convene, and to participate, without vote, in the deliberations of these bodies. 2. Representatives of the World Health Organization shall be invited to attend the meetings of the Economic and Social Council of the United Nations (hereinafter called the Council) and of its com- missions and committees, and to participate, without vote, in the deliberations of these bodies with respect to items on their agenda relating to health matters. 3. Representatives of the World Health Organization shall be invited to attend meetings of the General Assembly for purposes of consulta- tion on matters within the scope of its competence. 1 Adopted by the First World Health Assembly on 10 July 1948 (Off. Ree. WIJ Hlth Org. 13, 81, 321). - 41 - 42 BASIC DOCUMENTS 4. Representatives of the World Health Organization shall be invited to attend meetings of the main committees of the General Assembly when matters within the scope of its competence are under discussion, and to participate, without vote, in such discussions. 5. Representatives of the World Health Organization shall be invited to attend the meetings of the Trusteeship Council, and to participate, without vote, in the deliberations thereof with respect to items on the agenda relating to matters within the competence of the World Health Organization. 6. Written statements of the· World Health Organization shall be distributed by the Secretariat of the United Nations to all Members of the General Assembly, the Council and its commissions and the Trusteeship Council as appropriate. Similarly, written statements pre- sented by the United Nations shall be distributed by the World Health Organization to all members of the World Health Assembly or the Executive Board, as appropriate. Article III - Proposal of Agenda Items Subject to such preliminary consultation as may be necessary, the World Health Organization shall include on the agenda of the Health Assembly or Executive Board, as appropriate, items proposed to it by the United Nations. Similarly, the Council and its commissions and the Trusteeship Council shall include on their agenda items proposed by the World Health Organization. Article IV - Recommendations of the United Nations I. The World Health Organization, having regard to the obliga- tion of the United Nations to promote the objectives set forth in Article 55 of the Charter, and the function and power of the Council, under Article 62 of the Charter, to make or initiate studies and reports with respect to international, economic, social, cultural, educational, health and related matters and to make recommendations concerning these matters to the specialized agencies concerned, and having regard also to the responsibility of the United Nations, under Articles 58 and 63 of the Charter, to make recommendations for the co-ordination of the policies and activities of such specialized agencies, agrees to arrange for the submission, as soon as possible, to the Health Assembly, the Executive Board or such other organ of the World Health Organiza- tion as may be appropriate, of all formal recommendations which the United Nations may make to it. 2. The World Health Organization agrees to enter into consulta- tion with the United Nations, upon request, with respect to such recom- AGREEMENT BETWEEN THE UNITED NATIONS AND WHO 43 mendations, and in due course to report to the United Nations on the action taken by the Organization or by its members to give effect to such recommendations, or on the other results of their consideration. 3. The World Health Organization affirms its intention of co- operating in whatever further measures may be necessary to make co-ordination of the activities of specialized agencies and those of the United Nations fully effective. In particular, it agrees to participate in and to co-operate with any body or bodies which the Council may establish for the purpose of facilitating such co-ordination and to furnish such information as may be required for the carrying-out of this purpose. Article V - Exchange of Information and Documents 1. Subject to such arrangements as may be necessary for the safe- guarding of confidential material, the fullest and promptest exchange of information and documents shall be made between the United Nations and the World Health Organization. 2. Without prejudice to the generality of the provisions of para- graph l : (a) The World Health Organization agrees to transmit to the United Nations regular reports on the activities of the Organization; (b) The World Health Organization agrees to comply to the fullest extent practicable with any request which the United Nations may make for the furnishing of special reports, studies or infor- mation, subject to the conditions set forth in Article XVI; (c) The Secretary-General shall, upon request, transmit to the Direc- tor-General of the World Health Organization such information, documents or other material as may from time to time be agreed between them. Article VI - Public Information Having regard to the functions of the World Health Organization, as defined in Article 2, paragraphs (q) and (r) of its Constitution, to provide information in the field of health and to assist in developing an informed public opinion among all peoples on matters of health, and with a view to furthering co-operation and developing joint services in the field of public information between the Organization and the United Nations, a subsidiary agreement on such matters shall be con- cluded as soon as possible after the coming-into-force of the present agreement. 44 BASIC DOCUMENTS Article VII - Assistance to the Security Council The World Health Organization agrees to co-operate with the Council in furnishing such information and rendering such assistance for the maintenance or restoration of international peace and security as the Security Council may request. Article VIII - Assistance to the Trusteeship Council The World Health Organization agrees to co-operate with the Trusteeship Council in the carrying-out of its functions, and in parti- cular agrees that it will, to the greatest extent possible, render such assistance as the Trusteeship Council may request in regard to matters with which the Organization is concerned. Article IX - Non-self-governing Territories The World Health Organization agrees to co-operate with the United Nations in giving effect to the principles and obligations set forth in Chapter XI of the Charter with regard to matters affecting the well- being and development of the peoples of non-self-governing territories. Article X - Relations with the International Court of Justice 1. The World Health Organization agrees to furnish any informa- tion which may be requested by the International Court of Justice in pursuance of Article 34 of the Statute of the Court. 2. The General Assembly authorizes the World Health Organiza- tion to request advisory opinions of the International Court of Justice on legal questions arising within the scope of its competence other than questions concerning the mutual relationships of the Organization and the United Nations or other specialized agencies. 3. Such requests may be addressed to the Court by the Health Assembly or by the Executive Board acting in pursuance of an autho- rization by the Health Assembly. 4. When requesting the International Court of Justice to give an advisory opinion, the World Health Organization shall inform the Economic and Social Council of the request. Article XI - Headquarters and Regional Offices 1. The World Health Organization agrees to consult with the United Nations before making any decision concerning the location of its permanent headquarters. AGREEMENT BETWEEN THE UNITED NATIONS AND WHO 45 2. Any regional or branch offices which the World Health Orga- nization may establish shall, so far as practicable, be closely associated with such regional or branch offices as the United Nations may establish. Article XII - Personnel Arrangements 1. The United Nations and the World Health Organization recog- nize that the eventual development of a single unified international civil service is desirable from the standpoint of effective administrative co-ordination, and with this end in view agree to develop as far as practicable common personnel standards, methods and arrangements designed to avoid serious discrepancies in terms and conditions of employment, to avoid competition in recruitment of personnel and to facilitate interchange of personnel in order to obtain the maximum benefit from their services. 2. The United Nations and the World Health Organization agree to co-operate to the fullest extent possible in achieving these ends, and in particular they agree to : (a) Consult together concerning the establishment of an international civil service commission to advise on the means by which com- mon standards of recruitment in the secretariats of the United Nations and of the specialized agencies may be ensured; (b) Consult together concerning other matters relating to the employ- ment of their officers and staff, including conditions of service, duration of appointments, classification, salary scales and allow- ances, retirement and pension rights, and staff regulations and rules, with a view to securing as much uniformity in these matters as shall be found practicable; (c) Co-operate in the interchange of personnel, when desirable, on a temporary or permanent basis, making due provision for the retention of seniority and pension rights; (d) Co-operate in the establishment and operation of suitable machi- nery for the settlement of disputes arising in connexion with the employment of personnel and related matters. Article XIII - Statistical Services 1. The United Nations and the World Health Organization agree to strive for maximum co-operation, the elimination of all undesirable duplication between them, and the most efficient use of their technical personnel in their respective collection, analysis, publication and dis- semination of statistical information. They agree to combine their 4 46 BASIC DOCUMENTS efforts to secure the greatest possible usefulness and utilization of statistical information and to minimize the burdens placed upon national governments and other organizations from which such infor- mation may be collected. 2. The World Health Organization recognizes the United Nations as the central agency for the collection, analysis, publication, standardi- zation, dissemination and improvement of statistics serving the general purposes of international organizations. 3. The United Nations recognizes the World Health Organization as the appropriate agency for the collection, analysis, publication, standardization, dissemination and improvement of statistics within its special sphere, without prejudice to the right of the United Nations to concern itself with such statistics so far as they may be essential for its own purposes or for the improvement of statistics throughout the world. 4. The United Nations shall, in consultation with the specialized agencies, develop administrative instruments and procedures through which effective statistical co-operation may be secured between the United Nations and the agencies brought into relationship with it. 5. It is recognized as desirable that the collection of statistical information should not be duplicated by the United Nations or any of the specialized agencies whenever it is practicable for any of them to utilize information or materials which another may have available. 6. In order to build up a central collection of statistical information for general use, it is agreed that data supplied to the World Health Organization for incorporation in its basic statistical series or special reports should, so far as practicable, be made available to the United Nations. Article XIV - Administrative and Technical Services 1. The United Nations and the World Health Organization recog- nize the desirability, in the interest of administrative and technical uniformity and of the most efficient use of personnel and resources, of avoiding, whenever possible, the establishment and operation of competitive or overlapping facilities and services among the United Nations and the specialized agencies. 2. Accordingly, the United Nations and the World Health Orga- nization agree to consult together concerning the establishment and use of common administrative and technical services and facilities, in addition to those referred to in Articles XII, XIII and XV, in so far as the establishment and use of such services may, from time to time, be found practicable and appropriate. AGREEMENT BETWEEN THE UNITED NATIONS AND WHO 47 3. Arrangements shall be made between the United Nations and the World Health Organization in regard to the registration and deposit of official documents. Article XV - Budgetary and Financial Arrangements 1. The World Health Organization recognizes the desirability of establishing close budgetary and financial relationships with the United Nations, in order that the administrative operations of the United Nations and of the specialized agencies shall be carried out in the most efficient and economical manner possible, and that the maximum measure of co-ordination and uniformity with respect to these opera- tions shall be secured. 2. The United Nations and the World Health Organization agree to co-operate to the fullest extent possible in achieving these ends and, in particular, shall consult together concerning the desirability of the inclusion of the budget of the Organization within a general budget of the United Nations. Any arrangements to this effect shall be defined in a supplementary agreement between the two organizations. 3. Pending the conclusion of any such agreement, the following arrangement shall govern budgetary and financial relationships between the World Health Organization and the United Nations : (a) The Secretary-General and the Director-General shall arrange for consultation in connexion with the preparation of the budget of the World Health Organization. (b) The World Health Organization agrees to transmit its proposed budget to the United Nations annually at the same time as such budget is transmitted to its members. The General Assembly shall examine the budget or proposed budget of the Organization and may make recommendations to it concerning any item or items contained therein. (c) Representatives of the World Health Organization shall be entitled to participate, without vote, in the deliberations of the General Assembly or any committee thereof, at all times when the budget of the World Health Organization or general administrative or financial questions affecting the Organization are under consideration. (d) The United Nations may undertake the collection of contributions from those members of the World Health Organization which are also Members of the United Nations, in accordance with such arrangements as may be defined by a later agreement between the United Nations and the Organization. (e) The United Nations shall, upon its own initiative or upon the request of the World Health Organization, arrange for studies 48 BASIC DOCUMENTS to be undertaken concerning other financial and fiscal questions of interest to the Organization and to other specialized agencies, with a view to the provision of common services and the securing of uniformity in such matters. (f) The World Health Organization agrees to conform, as far as may be practicable, to standard practices and forms recom- mended by the United Nations. Article XVI - Financing of Special Services 1. In the event of the World Health Organization being faced with the necessity of incurring substantial extra expense as a result of any request which the United Nations may make for special reports, studies or assistance in accordance with Articles V, VII, VIII, or with other provisions of this agreement, consultation shall take place with a view to determining the most equitable manner in which such expense shall be borne. 2. Consultation between the United Nations and the World Health Organization shall similarly take place with a view to making such arrangements as may be found equitable for covering the cost of central administrative, technical or fiscal services or facilities or other special assistance provided by the United Nations, in so far as they apply to the World Health Organization. Article XVI/ - Laissez-passer Officials of the World Health Organization shall have the right to use the laissez-passer of the United Nations in accordance with special arrangements to be negotiated between the Secretary-General of the United Nations and the Director-General of the World Health Orga- nization. Article XVI/I - Inter-agency Agreements The World Health Organization agrees to inform the Council of any formal agreement between the Organization and any other specia- lized agency, intergovernmental organization or non-governmental organization and in particular agrees to inform the Council of the nature and scope of any such agreement before it is concluded. Article XIX - Liaison 1. The United Nations and the World Health Organization agree to the foregoing provisions in the belief that they will contribute to the maintenance of effective liaison between the two organizations. They AGREEMENT BETWEEN THE UNITED NATIONS AND WHO 49 affirm their intention of taking whatever further measures may be necessary to make this liaison fully effective. 2. The liaison arrangements provided for in the foregoing articles of this agreement shall apply as far as appropriate to the relations between such branch or regional offices as may be established by the two organizations, as well as between their central headquarters. Article XX - Implementation of the Agreement The Secretary-General and the Director-General may enter into such supplementary arrangements for the implementation of this agree- ment as may be found desirable, in the light of the operating experience of the two organizations. Article XIX - Revision This agreement shall be subject to revision by agreement between the United Nations and the World Health Organization. Article XXII - Entry-into-Force This agreement shall come into force on its approval by the General Assembly of the United Nations and the World Health Assembly. AGREEMENT BETWEEN THE INTERNATIONAL LABOUR ORGANISATION AND THE WORLD HEALTH ORGANIZATION 1 Article I - Co-operation and Consultation The International Labour Organisation and the World Health Organization agree that, with a view to facilitating the effective attain- ment of the objectives set forth in their respective Constitutions within the general framework established by the Charter of the United Nations, they will act in close co-operation with each other and will consult each other regularly in regard to matters of common interest. Article II - Reciprocal Representation 1. Representatives of the International Labour Organisation shall be invited to attend the meetings of the Executive Board' of the World Health Organization and the World Health Assembly and to partici- pate without vote in the deliberations of each of these bodies and of their commissions and committees with respect to items on their agenda in which the International Labour Organisation has an interest. 2. Representatives of the World Health Organization shall be invited to attend the meetings of the Governing Body of the Interna- tional Labour Office and the International Labour Conference and to participate without vote in the deliberations of each of these bodies and of their committees with respect to items on their agenda in which the World Health Organization has an interest. 3. Appropriate arrangements shall be made by agreement from time to time for the reciprocal representation of the International Labour Organisation and the World Health Organization at other meetings convened under their respective auspices which consider matters in which the other organization has an interest. Article Ill - !LO/WHO Joint Committees 1. The International Labour Organisation and the World Health Organization may refer to a joint committee any question of common interest which it may appear desirable to refer to such a committee. 1 Adopted by the First World Health Assembly on 10 July 1948 (Off. Ree. Wld Hlth Org 13, 81, 322); see also reaolution WHAl.101. -SO- AGREEMENT BETWEEN ILO AND WHO 51 2. Any such joint committee shall consist of representatives appointed by each organization, the number to be appointed by each being decided by agreement between the two organizations. 3. The United Nations shall be invited to designate a representative to attend the meetings of any such joint committee; the committee may also invite other specialized agencies to be represented at its meetings as may be found desirable, 4. The reports of any such joint committee shall be communicated to the Director-General of each organization for submission to the appropriate body or bodies of the two organizations; a copy of the reports of the committee shall be communicated to the Secretary- General of the United Nations for the information of the Economic and Social Council. 5. Any such joint committee shall regulate its own procedure. Article IV - Exchange of Information and Documents 1. Subject to such arrangements as may be necessary for the safe- guarding of confidential material, the fullest and promptest exchange of information and documents shall be made between the International Labour Organisation and the World Health Organization. 2. The Director-General of the International Labour Office and the Director-General of the World Health Organization, or their autho- rized representatives, shall, upon the request of either party, consult with each other regarding the provision by either organization of such information as may be of interest to the other. Article V - Personnel Arrangements The International Labour Organisation and the World Health Orga- nization agree that the measures to be taken by them, within the framework of the general arrangements for co-operation in regard to staff personnel to be made by the United Nations, will include : (a) Measures to avoid competition in the recruitment of their person- nel; and (b) Measures to facilitate interchange of personnel on a temporary or permanent basis, in appropriate cases, in order to obtain the maximum benefit from their services, making due provision for the retention of seniority and pension rights. Article VI - Statistical Services 1. The International Labour Organisation and the World Health Organization agree to strive, within the framework of the general 52 BASIC DOCUMENTS arrangements for statistical co-operation made by the United Nations, for maximum co-operation with a view to the most efficient use of their technical personnel in their respective collection, analysis, publication, standardization, improvement and dissemination of statistical informa- tion. They recognize the desirability of avoiding duplication in the collection of statistical information whenever it is practicable for either of them to utilize information or materials which the other may have available or may be specially qualified and prepared to collect, and agree to combine their efforts to secure the greatest possible usefulness and utilization of statistical information, and to minimize the burdens placed upon national governments and other organizations from which such information may be collected. 2. The International Labour Organisation and the World Health Organization agree to keep each other informed of their work in the field of statistics and to consult each other in regard to all statistical projects dealing with matters of common interest. Article VII - Financing of Special Services If compliance with a request for assistance made by either organiza- tion to the other would involve substantial expenditure for the organiza- tion complying with the request, consultation shall take place with a view to detennining the most equitable manner of meeting such expen- diture. Article VIII - Implementation of the Agreement 1. The Director-General of the International Labour Office and the Director-General of the World Health Organization may enter into such supplementary arrangements for the implementation of this agreement as may be found desirable in the light of the operating experience of the two organizations. 2. The liaison arrangements provided for in the foregoing articles of this agreement shall apply as far as appropriate to the relations between such branch or regional offices as may be established by the two organizations as well as between their central machinery. Article IX - Notification to and Registration by the United Nations 1. In accordance with their respective agreements with the United Nations, the International Labour Organisation and the World Health Organization will inform the Econoinic and Social Council forthwith of the terms of the present agreement. AGREEMENT BETWEEN ILO AND WHO 53 2. On the coming-into-force of the present agreement, in accord- ance with the provisions of Article XI, it will be communicated to the Secretary-General of the United Nations for filing and recording, in pursuance of Article 10 of the Regulations, to give effect to Article 102 of the Charter of the United Nations adopted by the General Assembly of the United Nations on 14 December 1946. Article X - Revision and Termination 1. This agreement shall be subject to revision by agreement between the International Labour Organisation and the World Health Organiza- tion and shall be reviewed in any case not later than three years after the agreement has come into force. 2. If agreement on the subject of revision cannot be reached, the agreement may be terminated by either party on 31 December of any year by notice to the other party not later than 30 September of that year. Article XI - Entry-into-Force This agreement shall come into force on its approval by the Govern- ing Body of the International Labour Office and by the World Health Assembly. AGREEMENT BETWEEN THE FOOD AND AGRICULTURE ORGANIZATION AND THE WORLD HEALTH ORGANIZATION 1 Article I - Co-operation and Consultation The Food and Agriculture Organization of the United Nations and the World Health Organization agree that, with a view to facilitating the effective attainment of the objectives set forth in their respective Constitutions within the general framework established by the Charter of the United Nations, they will act in close co-operation with each other, and will consult each other regularly in regard to matters of common interest. Article II - Reciprocal Representation 1. · Representatives of FAO shall be invited to attend the meetings of the Executive Board of WHO and of the World Health Assembly and to participate without vote in the deliberations of each of these bodies and of their commissions and committees with respect to items on their agenda in which FAO has an interest. 2. Representatives of WHO shall be invited to attend the meetings of the Executive Committee of FAO, or its successor, and the Confer- ence of FAO and to participate without vote in the deliberations of each of these bodies and of their commissions and committees with respect to items on their agenda in which WHO has an interest. 3. Appropriate arrangements shall be made by agreement from time to time for the reciprocal representation of FAO and WHO at other meetings convened under their respective auspices which consider matters in which the other organization has an interest. Article III - FAO/WHO Joint Committees 1. FAO and WHO may refer to a joint committee any question of common interest which it may appear .desirable to refer to such a com- mittee. 2. Any such joint committee shall consist of representatives appointed by each organization, the number to be appointed by each being decided by agreement between the two organizations. 3. Representatives of the United Nations and of other specialized 1 Adopted by the First World Healtb Assembly on 17 July 1948 (Off. Ree, Wld Hlth Org. 13, 96, 323). -54- AGREEMENT BETWEEN PAO AND WHO 55 agencies of the United Nations will be invited to attend the meetings of joint committees and to participate without vote in their delibera- tions. 4. The reports of any such joint committee shall be communicated to the Director-General of each organization for submission to the appropriate body or bodies of the two organizations. 5. Any such joint committee shall regulate its own internal pro- cedure. 6. Arrangements for the provision of suitable secretariat services for any such joint committee shall be made by agreement between the Director-General of PAO and the Director-General of WHO, or their representatives. Article IV- FAO/WHO Joint Missions PAO and WHO may establish joint missions under similar arrange- ments and procedure to those set forth in Article III. Article V - Exchange of Information and Documents 1. The Director-General of each organization shall keep the other organization fully informed concerning all programmes of work and projected activities in which there may be mutual interest. 2. Subject to such arrangements as may be necessary for the safe- guarding of confidential material, the fullest and promptest exchange of information and documents shall be made between PAO and WHO. 3. The Director-General of PAO and the Director-General of WHO, or their representatives, shall, upon the request of either party, consult with each other regarding the provision by either organization of such special information as may be of interest to the other. Article VI - Inter-secretariat Committees The Directors-General of the two organizations, or their repre- sentatives, may, when they consider it desirable, establish by agree- ment inter-secretariat committees to facilitate co-operation in con- nexion with specific programmes of work or projected activities with which the two organizations may be mutually concerned. Article VII - Personnel Arrangements PAO and WHO agree that the measures to be taken by them, within the framework of the general arrangements for co-operation in regard to staff personnel to be made by the United Nations, will include : (a) Measures to avoid competition in the recruitment of their staff 56 BASIC DOCUMENTS personnel, including prior consultation concerning appointments in the technical fields with which both organizations are con- cerned; and (b) Measures to facilitate interchange of personnel on a temporary or permanent basis, in appropriate cases, in order to obtain the maximum benefit from their services, making due provision for the retention of seniority and pension rights. Article VIII - Statistical Services 1. FAO and WHO agree to strive, within the framework of the general arrangements for statistical co-operation made by the United Nations, for maximum co-operation with a view to the most efficient use of their technical personnel in their respective collection, analysis, publication, standardization, improvement and dissemination of sta- tistical information. They recognize the desirability of avoiding duplication in the collection of statistical information whenever it is practicable for either of them to utilize information or materials which the other may have available or may be especially qualified and pre- pared to collect, and agree to combine their efforts to secure the greatest possible usefulness and utilization of statistical information, and to minimize the burdens placed upon national governments and other organizations from which such information may be collected. 2. FAO and WHO agree to keep each other informed of their work in the field of statistics and to consult each other in regard to all sta- tistical projects dealing with matters of common interest. Article IX - Financing of Special Services If compliance with a request for assistance made by either organiza- tion to the other involves or would involve substantial expenditure for the organization complying with the request, consultation shall take place with a view to determining the most equitable manner of meeting such expenditure. Article X - Regional and Branch Offices FAO and WHO agree to keep each other informed of plans for the initial establishment and relocation of regional and branch offices and to consult together with a view, where practicable, to entering into co-operative arrangements as to location, staffing and the use of common services. AGREEMENT BETWEEN FAO AND WHO 57 Article XI - Implementation of the Agreement The Director-General of PAO and the Director-General of WHO shall enter into such supplementary arrangements for the implementa- tion of this agreement as may be found desirable in the light of the operating experience of the two organizations. Article XII - Notification to and Registration by the United Nations 1. In accordance with their respective agreements with the United Nations, PAO and WHO will inform the Economic and Social Council forthwith of the terms of the present agreement. 2. On the coming-into-force of the present agreement, in accord- ance with the provisions of Article XIV, it will be communicated to the Secretary-General of the United Nations for filing and recording, in pursuance of Article 10 of the Regulations, to give effect to Article 102 of the Charter of the United Nations, adopted by the General Assembly of the United Nations on 14 December 1946. Article XIII - Revision and Review This agreement shall be subject to revision by agreement between PAO and WHO, and shall be reviewed in any case not later than three years after the agreement has come into force. Article XIV - Entry-into-Force This agreement shall come into force on its approval by the Confer- ence of PAO and by the World Health Assembly. AGREEMENT BETWEEN THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION AND THE WORLD HEALTH ORGANIZATION 1 Article I - Co-operation and Consultation 1. The World Health Organization and the United Nations Educa- tional, Scientific and Cultural Organization agree that, with a view to facilitating the effective attainment of the objectives set forth in their respective Constitutions within the general framework established by the Charter of the United Nations, they will act in close co-operation with each other and will consult each other regularly in regard to matters of common interest. 2. In particular, it is recognized by UNESCO that WHO shall have the primary responsibility for the encouragement of research, education, and the organization of science in the fields of health and medicine, without prejudice to the right of UNESCO to concern itself with the relations between the pure and applied sciences in all fields, including the sciences basic to health. 3. In case of doubt as to the division of responsibility between the two organizations concerning any projected activity or programme of work, the organization initiating such activity or programme shall consult the other with a view to adjusting the matter by mutual agree- ment, either by referring it to an appropriate joint committee as pro- vided in Article IV or by other means. Article II - Reciprocal Representation 1. Representatives of WHO shall be invited to attend the meetings of the Executive Board and General Conference of UNESCO and to participate without vote in the deliberations of these bodies and of their commissions and committees with respect to items on their agenda in which WHO has an interest. 2. Representatives of UNESCO shall be invited to attend the meetings of the Executive Board of WHO and the World Health Assembly and to participate without vote in the deliberations of these bodies and of their commissions and committees with respect to items on their agenda in which UNESCO has an interest. 1 Adopted by the First World Health Assembly on 17 July 1948 (Off. Ree. Wld Hlth Org. 13, 96, 323). - 58- AGREEMENT BETWEEN UNESCO AND WHO 59 3. Appropriate arrangements shall be made by agreement between the Directors-General of the two organizations, or their representatives, for the reciprocal representation of WHO and UNESCO at other meetings convened under their respective auspices which consider matters in which the other organization has an interest. Article III - Proposal of Agenda Items After such preliminary consultation as may be necessary, each organization shall include in the agenda of the meetings referred to in Article II any question which has been submitted to it by the other organization. Article IV - UNESCO/WHO Joint Committees 1. UNESCO and WHO may refer to a joint committee any ques- tion of common interest which it may appear desirable to refer to such a committee. 2. Any such joint committee shall consist of representatives appointed by each organization, the number to be appointed by each being decided by agreement between the two organizations. 3. The United Nations shall be invited to designate a representative to attend the meetings of any such joint committee; the committee may also invite other specialized agencies to be represented at its meetings as may be found desirable. 4. The reports of each such joint committee shall be communicated to the Director-General of each organization for submission to the appropriate body or bodies of the two organizations; a copy of all such reports shall be communicated to the Secretary-General of the United Nations for the information of the Economic and Social Council. 5. Any such joint committee shall regulate its own procedure. 6. Arrangements for the provision of suitable secretariat services for any joint committee shall be made by agreement between the Direc- tors-General of the two organizations, or their representatives. Article V - Exchange of Information and Documents 1. The Secretariat of each organization agrees to keep the other fully informed concerning all projected activities and programmes of work in which there may be mutual interest. 2. Subject to such arrangements as may be necessary for the safe- guarding of confidential material, the fullest and promptest exchange of information and documents shall be made between WHO and UNESCO. 60 BASIC DOCUMENTS 3. The Director-General of WHO and the Director-General of UNESCO, or their representatives, shall, upon the request of either party, consult each other regarding the provision by either organiza- tion of such special information as may be of interest to the other. Article VI - Personnel Arrangements WHO and UNESCO agree that the measures to be taken by them, within the framework of the general arrangements for co-operation in regard to personnel matters to be made by the United Nations, will include : (a) Measures to avoid competition in the recruitment of their staff personnel; and (b) Measures to facilitate interchange of personnel on a temporary or permanent basis, in appropriate cases, in order to obtain the maximum benefit from their services, with provision for the pro- tection of seniority and pension rights. Article VII - Statistical Services 1. WHO and UNESCO agree to strive, within the framework of the general arrangements for statistical co-operation made by the United Nations, for maximum co-operation with a view to the most efficient use of their technical personnel in their respective collection, analysis, publication, standardization, improvement and dissemination of statistical information. Both organizations recognize the desirability of avoiding duplication in the collection of statistical information whenever it is practicable for either of them to utilize information, materials or raw data which the other may have available or may be specifically qualified and prepared to collect, and agree to combine their efforts to secure the greatest possible usefulness and utilization of statistical information, and to minimize the burdens placed upon national governments and other organizations from which such infor- mation may be collected. 2. WHO and UNESCO agree to keep each other informed of their work in the field of statistics and to consult each other in regard to all statistical projects dealing with matters of common interest. Article VIII - Financing of Special Services If compliance with a request for assistance made by either organiza- tion to the other involves or would involve substantial expenditure for the organization complying with the request, consultation shall take place with a view to determining the most equitable manner of meeting such expenditure. AGREEMENT BETWEEN UNESCO AND WHO 61 Article IX - Regional and Branch Offices WHO and UNESCO agree to keep each other informed of plans for the establishment and relocation of regional and branch offices and to consult together with a view, where practicable, to entering into co-operative arrangements as to the premises, staffing and com- mon services. Article X - Implementation of the Agreement The Director-General of WHO and the Director-General of UNESCO shall enter into such supplementary arrangements for the implementation of this agreement as may be found desirable in the light of operating experience. Article XI - Notification to and Registration by the United Nations 1. In accordance with their respective agreements with the United Nations, WHO and UNESCO will inform the Economic and Social Council forthwith of the terms of the present agreement. 2. On the coming-into-force of the present agreement, it will be communicated to the Secretary-General of the United Nations for filing and recording, in pursuance of Article 10 of the Regulations, to give effect to Article 102 of the Charter of the United Nations adopted by the General Assembly on 14 December 1946. Article XII - Revision and Review 1. This agreement shall be subject to revision by agreement between WHO and UNESCO and shall be reviewed in any case not later than three years after its entry-into-force. 2. If agreement on the subject of revision cannot be reached, the agreement may be terminated by either party on 31 December of any year by notice given to the other party not later than 30 September of that year. Article XIII - Entry-into-Force This agreement shall come into force on its approval by the World Health Assembly and by the Executive Board of UNESCO. 5 AGREEMENT BETWEEN THE INTERNATIONAL ATOMIC ENERGY AGENCY AND THE WORLD HEALIB ORGANIZATION 1 Article I - Co-operation and Consultation 1. The International Atomic Energy Agency and the World Health Organization agree that, with a view to facilitating the effective attain- ment of the objectives set forth in their respective constitutional instruments, within the general framework established by the Charter of the United Nations, they will act in close co-operation with each other and will consult each other regularly in regard to matters of common interest. 2. In particular, and in accordance with the Constitution of the World Health Organization and the Statute of the International Atomic Energy Agency and its agreement with the United Nations together with the exchange of letters related thereto, and taking into account the respective co-ordinating responsibilities of both organizations, it is recognized by the World Health Organization that the International Atomic Energy Agency has the primary responsibility for encourag- ing, assisting and co-ordinating research on, and development and practical application of, atomic energy for peaceful uses throughout the world without prejudice to the right of the World Health Organiza- tion to concern itself with promoting, developing, assisting, and co- ordinating international health work, including research, in all its aspects. 3. Whenever either organization proposes to initiate a programme or activity on a subject in which the other organization has or may have a substantial interest, the first party shall consult the other with a view to adjusting the matter by mutual agreement. Article II - Reciprocal Representation I. Representatives of the World Health Organization shall be invited to attend the General Conference of the International Atomic Energy Agency and to participate without vote in the deliberations of that body and of its subsidiary organs (e.g. commissions and committees) with respect to items on their agenda in which the World Health Organization has an interest. 2. Representatives of the International Atomic Energy Agency shall be invited to attend the World Health Assembly and to participate 1 Approved by the Twelfth World Health Assembly on 28 May 1959 in resolution WHA12.40. -62- AGREEMENT BETWEEN IAEA AND WHO 63 without vote in the deliberations of that body and of its subsidiary organs (e.g. commissions and committees) with respect to items on their agenda in which the International Atomic Energy Agency has an interest. 3. Representatives of the World Health Organization shall be invited as appropriate to attend meetings of the Board of Governors of the International Atomic Energy Agency and to participate without vote in the deliberations of that body and of its commissions and committees with respect to items on their agenda in which the World Health Organization has an interest. 4. Representatives of the International Atomic Energy Agency shall be invited as appropriate to attend meetings of the Executive Board of the World Health Organization and to participate without vote in the deliberations of that body and of its commissions and committees with respect to items on their agenda in which the International Atomic Energy Agency has an interest. 5. Appropriate arrangements shall be made by agreement from time to time for the reciprocal representation of the International Atomic Energy Agency and the World Health Organization at other meetings convened under their respective auspices which consider matters in which the other organization I).as an interest. Article III - Exchange of Information and Documents 1. The International Atomic Energy Agency and the World Health Organization recognize that they may find it necessary to apply certain limitations for the safeguarding of confidential information furnished to them. They therefore agree that nothing in this agreement shall be construed as requiring either of them to furnish such information as would, in the judgement of the party possessing the information, constitute a violation of the confidence of any of its Members or anyone from whom it has received such information or otherwise interfere with the orderly conduct of its operations. 2. Subject to such arrangements as may be necessary for the safe- guarding of confidential material, the Secretariat of the International Atomic Energy Agency and the Secretariat of the World Health Orga- nization shall keep each other fully informed concerning all projected activities and all programmes of work which may be of interest to both parties. 3. The Director-General of the World Health Organization and the Director-General of the International Atomic Energy Agency or their representatives shall, at the request of either party, arrange for consul- 64 BASIC DOCUMENTS tations regarding the provision by either party of such special infor- mation as may be of interest to the other party. Article IV - Proposal of Agenda Items After such preliminary consultations as may be necessary, the World Health Organization shall include on the provisional agenda of its Assembly or its Executive Board items proposed to it by the Inter- national Atomic Energy Agency. Similarly, the International Atomic Energy Agency shall include on the provisional agenda of its General Conference or its Board of Governors items proposed by the World Health Organization. Items submitted by either party for considera- tion by the other shall be accompanied by an explanatory memo- randum. Article V - Co-operation between Secretariats The Secretariat of the International Atomic Energy Agency and the Secretariat of the World Health Organization shall maintain a close working relationship in accordance with such arrangements as may have been agreed upon from time to time between the Directors- General of both organizations. In particular, joint committees may be convened when appropriate to consider questions of substantive in- terest to both parties. Article VI - Technical and Administrative Co-operation 1. The International Atomic Energy Agency and the World Health Organization agree to consult each other from time to time regarding the most efficient use of personnel and resources and appropriate methods of avoiding the establishment and operation of competitive or overlapping facilities and services. 2. The International Atomic Energy Agency and the World Health Organization agree that the measures to be taken by them, within the framework of any general arrangements for co-operating in regard to personnel matters which are made by the United Nations, will include: (a) measures to avoid competition in the recruitment of their personnel; and (b) measures to facilitate interchange of personnel on a temporary or permanent basis, in appropriate cases, in order to obtain the maximum benefit from their services, making due provision for the protection of the seniority, pension and other rights of the personnel concerned. AGREEMENT BETWEEN IAEA AND WHO 65 Article VII - Statistical Services In view of the desirability of maximum co-operation in the statistical field and of minimizing the burdens placed on national governments and other organizations from which information may be collected, the International Atomic Energy Agency and the World Health Orga- nization undertake, bearing in mind the general arrangements for statistical co-operation made by the United Nations, to avoid undesir- able duplication between them with respect to the collection, compila- tion and publication of statistics, to consult with each other on the most efficient use of information, resources, and technical personnel in the field of statistics and in regard to all statistical projects dealing with matters of common interest. Article VIII - Financing of Special Services If compliance with a request for assistance made by either organiza- tion to the other involves or would involve substantial expenditure for the organization complying with the request, consultation shall take place with a view to determining the most equitable manner of meeting such expenditure. Article IX - Regional and Branch Offices The World Health Organization and the International Atomic Energy Agency agree to consult together with a view, where practi- cable, to entering into co-operative arrangements as to the use by either organization of the premises, staffing and common services of regional and branch offices which the other has already established or may establish later. Article X - Implementation of the Agreement The Director-General of the International Atomic Energy Agency and the Director-General of the World Health Organization may enter into such arrangements for the implementation of this agree- ment as may be found desirable in the light of the operating experience of the two organizations. Article XI - Notification to the United Nations and Filing and Recording 1. In accordance with their respective agreements with the United Nations, the International Atomic Energy Agency and the World Health Organization will inform the United Nations forthwith of the terms of the present agreement. 66 BASIC DOCUMENTS 2. On the coming into force of this agreement it will be submitted to the Secretary-General of the United Nations for filing and recording in accordance with the existing regulations of the United Nations. Article XII - Revision and Termination I. This agreement shall be subject to revision by agreement between the World Health Organization and the International Atomic Energy Agency on the request of either party. 2. If agreement on the subject of revision cannot be reached, the agreement may be terminated by either party on 31 December of any year by notice given to the other party not later than 30 June of that year. Article XIII - Entry-into-Force This agreement shall come into force on its approval by the General Conference of the International Atomic Energy Agency and by the World Health Assembly. RELATIONS WITH NON-GOVERNMENTAL ORGANIZATIONS Working Principles Governing the Admission of Non-governmental Organizations into Official Relations with WHO 1 1. Criteria to be fulfilled before a non-governmental organization becomes eligible to be considered for relationship with the World Health Organization under Article 71 of the Constitution The World Health Organization should, in relation to non-govern- mental organizations, act in conformity with any relevant resolutions of the General Assembly or Economic and Social Council of the United Nations, and the following criteria should be met before an organization can be regarded as eligible to be considered for relationship : (i} The organization shall be concerned with matters falling within the competence of the World Health Organization. (ii) The aims and purposes of the organization shall be in conformity with the spirit, purposes and principles of the Constitution of the World Health Organization. (iii) The organization shall be of recognized standing and shall repre- sent a substantial proportion of the persons organized for the purpose of participating in the particular field of interest in which it operates. To meet this requirement, a group of organizations may form a joint committee or other body authorized to act for the group as a whole. (iv) The organization shall have a directing body and authority to speak for its members through its authorized representatives; evidence of this authority shall be presented if requested. (v) The organization shall normally be international in its structure and scope, with members who exercise voting rights in relation to its policies or action. (vi) Save in exceptional cases, a national organization which is affiliated to an international non-governmental organization covering 1 Text adopted by the First World Health Assembly (Off. Ree. Wld Hlth Org. 13, 96, 326) and amended by the Third, Eleventh and Twenty-first World Health Assemblies (resolutions WHA3.113, WHAll.14 and WHA21.28). -67- 68 BASIC DOCUMENTS the same subject on an international basis shall present its views through its government or through the international non-governmental organiza- tion to which it is affiliated. A national organization, however, may be included in the list 1 after consultation with, and with the consent of, the Member State concerned, if the activities of the organization are not covered by any international organization or if it offers experience upon which the World Health Organization wishes to draw. 2. Procedure for admitting organizations into relationship with WHO (i) The Board's Standing Committee on Non-governmental Organiza- tions, composed of five members, shall consider information submitted by non-governmental organizations, voluntarily or by invitation, and shall make recommendations to the Board; it may invite any such organization to speak before it in connexion with the organization's application. Bearing in mind the desirability of ensuring valuable contributions to the work of the World Health Organization in terms both of quality and quantity, the committee may recommend postpone- ment of consideration or rejection of an application. (ii) In accordance with the provisions of Article 71 of the Constitution, the government concerned shall be consulted with regard to possible approval of any national organization. (iii) The Board, after considering the recommendations of the Standing Committee on Non-governmental Organizations, shall decide whether an organization is to be admitted into relation with WHO. (iv) The Director-General shall inform each organization of the Board's decision on its application. The Director-General shall maintain a list of the organizations admitted into relation and this list and any amendments thereto shall be circulated to the Members of the World Health Organization. (v) This list shall also be circulated to the chairmen of expert com- mittees, who may make recommendations or suggestions for using the services of any organization where this seems desirable. (vi) The Board, through its Standing Committee on Non-governmental Organizations, shall review the list every three years and shall determine the desirability of maintaining relations with the organizations on the list. l See para. 2 (Iv). RELATIONS WITH NON-GOVERNMENTAL ORGANIZATIONS 69 3. Privileges conferred by relationship with the World Health Organization (i) The right to appoint a representative to participate, without right of vote, in its meetings or in those of the committees and conferences convened under its authority, on the following conditions : Whenever the Health Assembly, a committee or conference convened under its authority, discusses an item in which a related non-govern- mental organization is particularly interested, such an organization, on the invitation of the chairman of the meeting or on his acceding to a request from the organization, shall be entitled to make a state- ment of an expository nature, and may, with the consent of the meeting, be invited by the chairman to make, in the course of the discussion of the item before the meeting, an additional statement for purposes of clarification. (ii) Access to non-confidential documentation and such other docu- mentation as the Director-General may see fit to make available through such special distribution facilities as the World Health Organization may establish. (iii) The right to submit a memorandum to the Director-General, who would determine the nature and scope of the circulation. In the event of a memorandum being submitted which the Director- General considers might be placed on the agenda of the Health Assembly, such memorandum will be placed before the Executive Board for possible inclusion in the agenda of the Assembly. 70 BASIC DOCUMENTS Principles to Govern Relations between WHO and Regional and National Non-governmental Organizations 1 I. Regional or national non-governmental organizations which are affiliated to international non-governmental organizations with which WHO is in official relations These are, by definition, in official relations with the regional organiza- tion under the terms of the resolution of the First World Health Assembly concerning relations with non-governmental organizations,2 and there- fore no formal action by the regional committee is required. 2. Regional or national non-governmental organizations which are affiliated to international non-governmental organizations not in official relations with· WHO In order that WHO may facilitate the formation of strong inter- national non-governmental organizations in the various technical fields, arrangements with the above-mentioned regional or national organiza- tions will be on the basis of informal working relations. 3. Regional and national organizations for which there is no inter- national non-governmental organization These can be admitted into working relationship with the World Health Organization, subject to consultation between the Regional Director and the Director-General. l Text adopted by the Third World Health Assemtly (resolution WHA3.114). I Seo paae 67, paraaraph (vi). FINANCIAL REGULATIONS OF THE WORLD HEALTH ORGANIZATION 1 Article I - Applicability 1.1 These regulations shall govern the financial administration of the World Health Organization. Article II - The Financial Year 2.1 The financial year shall be the period 1 January through 31 December. Article Ill - The Budget 3.1 The annual budget estimates shall be prepared by the Director- General. 3.2 The annual budget estimates shall cover income and expenditures for the financial year to which they relate, and shall be presented in US dollars. 3.3 The annual budget estimates shall be divided into parts, sections and chapters, and shall be accompanied by such information annexes and explanatory statements as may be requested by, or on behalf of the Health Assembly, and such further annexes or statements as the Director-General may deem necessary and useful. 3.4 The Director-General shall submit the annual budget estimates to the Executive Board for examination at least twelve weeks prior to the opening of the regular session of the Health Assembly and prior to the appropriate meeting of the Executive Board. At the same time, the Director-General shall transmit these estimates to all Members. 3.5 The Executive Board shall prepare a report to the Health Assembly on the annual budget estimates submitted by the Director-General and shall submit these estimates, accompanied by its report, to the Health Assembly. 3.6 The annual budget estimates and the report of the Executive Board shall be transmitted by the Director-General to all Members at least five weeks prior to the opening of the regular session of the Health Assembly. 3. 7 The budget for the following financial year shall be approved by the Health Assembly after consideration and report on the estimates by the appropriate main committee of the Assembly. 1 Text adopted by the Fourth World Health Assembly (resolution WHA4.SO) and amended by tho Thirteenth, Eiabteenth and Twenty-fifth World Health Assemblies (resolutions WHAl3.19, WHAl8.13, WHA25.14 and WHA25.15). - 71- "' _c 0 0 u= c O 0 :i C 01 u:::: 72 BASIC DOCUMENTS 3.8 Should the Director-General, at the time of the session of the Executive Board that submits the annual budget estimates and its report thereon to the Health Assembly, have information which indicates that there may, before the time of the Health Assembly, be a need to alter the estimates in the light of developments, he shall report thereon to the Executive Board, which shall consider including in its report to the Health Assembly an appropriate provision therefor. 3.9 Should there be developments, subsequent to the session of the Executive Board that considers and submits the annual budget estimates and its report thereon to the Health Assembly, which might necessitate an alteration in the budget proposals, the Director-General shall report the facts to the Health Assembly. 3.10 Supplementary estimates may be submitted to the Board by the Director-General whenever necessary to increase the appropriations previously approved by the Health Assembly. Such estimates shall be submitted in a form and manner consistent with the annual budget estimates. Article IV - Appropriations 4.1 The appropriations voted by the Health Assembly shall constitute an authorization to the Director-General to incur obligations and make payments for the purposes for which the appropriations were voted and up to the amounts so voted. 4.2 Appropriations shall be available for obligation for the financial year to which they relate. The Director-General is authorized to charge as an obligation against the annual appropriations : (a) the costs, including transportation, of operational supplies and equipment for which contracts have been entered into prior to 31 December of the financial year; (b) the costs of publications for which complete manuscripts shall have been delivered to and received by the printer prior to 31 December of the financial year; (c) the entire costs relating to short-term consultants whose period of assignment may not have been completed by the end of the financial year; (d') the full estimated cost of a fellowship. The unobligated balance of the appropriations shall be surrendered. 4.3 Appropriations shall remain available for twelve months follow- ing the end of the financial year to which they relate, to the extent FINANCIAL REGULATIONS OF WHO 73 that they are required to discharge obligations in respect of goods supplied and services rendered in the financial year and to liquidate any other outstanding legal obligations of the year. The obligations established under 4.2 (a), (b), (c) and (d) shall remain available for expenditure until these obligations have been fully liquidated. The cash balance of the appropriations shall be surrendered. 4.4 At the end of the twelve-month period provided in regulation 4.3 above, the then remaining balance of any appropriations retained will be surrendered. Any unliquidated prior year obligations shall at that time be cancelled or, where the obligation remains a valid charge, transferred as an obligation against current appropriations. 4.5 The Director-General is authorized with the prior concurrence of the Executive Board or of any committee to which it may delegate appropriate authority, to transfer credits between sections. When the Executive Board or any committee to which it may have delegated appropriate authority is not in session, the Director-General is authorized, with the prior written concurrence of the majority of the members of the Board or such committee, to transfer credits between sections. The Director-General shall report such transfers to the Executive Board at its next session. Article V - Provision of Funds 5.1 The appropriations, subject to the adjustments effected in accord- ance with the provisions of regulation 5.2, shall be financed by con- tributions from Members, according to the scale of assessments deter- mined by the Health Assembly. Pending the receipt of such contribu- tions, the appropriations may be financed from the Working Capital Fund. 5.2 In the assessment of the contributions of Members, adjustments shall be made to the amount of the appropriations approved by the Health Assembly for the following financial year in respect of : (a) Supplementary appropriations for which contributions have not previously been assessed on Members; (b) Miscellaneous income for which credits have not previously been taken into account, and any adjustments in estimated miscellaneous income previously taken into account; (c) Contributions resulting from the assessment of new Members under the provisions of regulation 5.8 ; (d) Any balance of the appropriations surrendered under regulations 4.3 and 4.4. 74 BASIC DOCUMENTS 5.3 After the Health Assembly has adopted the budget and determined the amount of the Working Capital Fund, the Director-General shall : (a) Transmit the relevant documents to Members; (b) Inform Members of their commitments in respect of annual con- tributions and advances to the Working Capital Fund; (c) Request them to remit their contributions and advances. 5.4 Contributions and advances shall be considered as due and payable in full within thirty days of the receipt of the communication of the Director-General referred to in regulation 5.3 above, or as of the first day of the financial year to which they relate, whichever is the later. As of 1 January of the following financial year, the unpaid balance of such contributions and advances shall be considered to be one year in arrears. 5.5 Annual contributions and advances to the Working Capital Fund shall be assessed in US dollars, and shall be paid in either US dollars or Swiss francs; provided that payment of the whole or part of these contributions may be made in such other currency or currencies as the Director-General, in consultation with the Board, shall have determined. 5.6 Payments made by a Member shall be credited first to the Working Capital Fund and then to the contributions due in the order in which the Member was assessed. 5. 7 The Director-General shall submit to the regular session of the Health Assembly a report on the collection of contributions and advances to the Working Capital Fund. 5.8 New Members shall be required to make a contribution for the year in which they become Members and to provide their proportion of the total advances to the Working Capital Fund at rates to be deter- mined by the Health Assembly. Article VI - Funds 6.1 There shall be established a General Fund for the purpose of accounting for the expenditures of the Organization. The contribu- tions paid by Members under regulation 5.1, miscellaneous income, and any advances made from the Working Capital Fund to finance general expenditures shall be credited to the General Fund. 6.2 There shall be established a Working Capital Fund in an amount and for purposes to be determined from time to time by the Health Assembly. The Fund shall be composed of two parts, as follows : Part I : Advances from Members made in accordance with the FINANCIAL REGULATIONS OF WHO 75 scale of assessments as determined by the Health Assembly for the apportionment of the expenses of the World Health Organiza- tion; and Part II : Amounts of casual income to be transferred into the Fund from time to time. The advances made by Members to the Fund shall be carried to the credit of the Members which have made such advances. The amounts paid into the Fund from casual income shall be carried to the credit of the Organization. 6.3 Advances made from the Working Capital Fund to finance budget- ary appropriations during a financial year shall be reimbursed to the Fund as soon as and to the extent that income is available for that purpose. 6.4 Except when such advances are recoverable from some other source, advances made from the Working Capital Fund for unforeseen and extraordinary expenses or other authorized purposes shall be reimbursed through the submission of supplementary estimates. 6.S Income derived from investments of the Working Capital Fund shall be credited to miscellaneous income. 6.6 Trust Funds, Reserve and Special Accounts may be established by the Director-General and shall be reported to the Executive Board. 6. 7 The purpose and limits of each Trust Fund, Reserve and Special Account shall be clearly defined by the appropriate authority. Unless otherwise provided by the Health Assembly such Funds and Accounts shall be administered in accordance with the present regulations. 6.8 Profits and losses on exchange shall be credited and debited to miscellaneous income. Article VII - Other Income 7.1 All other income, except: (a) Contributions to the budget; (b) Direct refunds of expenditures made during the financial year; and (c) Advances or deposits to funds, shall be classed as miscellaneous income, for credit to the General Fund. 7.2 Gifts or bequests, whether or not in cash, may be provisionally accepted by the Director-General, subject to the provisions of Article 57 of the Constitution. 76 BASIC DOCUMENTS 7.3 Moneys accepted for purposes specified by the donor shall be treated as Trust Funds or Special Accounts under regulations 6.6 and 6.7. 7.4 Moneys accepted in respect of which no purpose is specified by the donor shall be credited to an account established for this purpose. Article VIII - Custody of Funds 8.1 The Director-General shall designate the bank or banks in. which the funds of the Organization shall be kept. Article IX - Investment of Funds 9.1 The Director-General may make short-term investments of moneys not needed for immediate requirements and shall inform the Executive Board periodically of such investments which he has made. 9.2 The Director-General may make long-term investments of moneys standing to the credit of Trust Funds, Reserve and Special Accounts as may be provided by the appropriate authority in respect of each such Fund or Account. 9.3 Income derived from investments shall be credited as provided in the rules relating to each Fund or Account. Article X - Internal Control 10. l The Director-General shall : (a) Establish detailed financial rules and procedures in order to ensure effective financial administration and the exercise of economy; (b) Cause all payments to be made on the basis of supporting vouchers and other documents which ensure that the services or goods have been received, and that payments have not previously been made; (c) Designate the officers who may receive moneys, incur obligations and make payments on behalf of the Organization; (d) Maintain an internal financial control which shall provide for an effective current examination and/or review of financial transactions in order to ensure: (i) The regularity of the receipt, custody and disposal of all funds and other financial resources of the Organization; FINANCIAL REGULATIONS OF WHO 77 (ii) The conformity of obligations and expenditures with the appropriations or other financial provision voted by the Health Assembly, or with the purposes and rules relating to Trust Funds and Special Accounts; (iii) The economic use of the resources of the Organization. 10.2 No obligations shall be incurred until allotments or other appropriate authorizations have been made in writing under the authority of the Director-General. 10.3 The Director-General may make such ex gratia payments as he deems to be necessary in the interests of the Organization, provided that a statement of such payments shall be submitted to the Health Assembly with the annual accounts. 10.4 The Director-General may, after full investigation, authorize the writing-off of losses of cash, stores and other assets, provided that a statement of all such amounts written off shall be submitted to the Auditor(s) with the annual accounts. 10.S Tenders for equipment, supplies and other requirements shall be invited by advertisement, except where the Director-General deems that, in the interests of the Organization, a departure from the rule is desirable. Article XI - The Accounts 11.1 The Director-General shall maintain such accounting records as are necessary and shall submit annual accounts showing for the financial year to which they relate : (a) The income and expenditures of all funds; (b) The status of appropriations, including : (i) The original budget appropriations; (ii) The appropriations as modified by any transfers; (iii) Credits, if any, other than the appropriations voted by the Health Assembly; (iv) The amounts charged against those appropriations and/or other credits; (c) The assets and liabilities of the Organization. He shall also give such other information as may be appropriate to indicate the current financial position of the Organization. 6 78 BASIC DOCUMENTS 11.2 The annual accounts of the Organization shall be presented in US dollars. Accounting records may, however, be kept in such currency or currencies as the Director-General may deem necessary. 11.3 Appropriate separate accounts shall be maintained for all Trust Funds, Reserve and Special Accounts. 11.4 The annual accounts shall be submitted by the Director-General to the Auditor(s) if possible not later than 28 February following the end of the financial year. 11.5 The Health Assembly, after examination of the financial report of the Director-General, the report of the External Auditor(s), and any observations of the Board thereon, may disallow any item in the accounts which it considers improper and direct the corresponding amendment of the accounts. If the Health Assembly disallows any item, it shall decide what steps shall be taken to deal with the matter. Article XII - External Audit 12.l External Auditor(s), each of whom shall be the Auditor-General (or officer holding equivalent title or otherwise qualified) of a Member Government, shall be appointed by the Health Assembly, in the manner decided by the Assembly. Auditor(s) appointed may be removed only by the Assembly. 12.2 Subject to any special direction of the Health Assembly, each audit which the Auditor(s) is/are required to make shall be conducted in conformity with generally accepted common auditing standards and in accordance with the Additional Terms of Reference set out in the appendix. to these regulations. 12.3 The External Auditor(s) may make observations with respect to the efficiency of the financial procedures, the accounting system, the internal financial controls and, in general, the administration and management of the Organization. 12.4 The External Auditor(s) shall be completely independent and solely responsible for the conduct of the audit. 12.5 The Health Assembly may request the Auditor(s) to perform certain specific examinations and issue separate reports on the results. 12.6 The Director-General shall provide the External Auditor(s) with the facilities he/they may require in the performance of the audit. FINANCIAL REGULATIONS OF WHO 79 12.7 For the purpose of making a local or special examination or for effecting economies of audit cost, the Auditor(s) may engage the services of any national Auditor-General (or equivalent title) or com- mercial public auditors of known repute or any other person or firm who, in the opinion of the Auditor(s), is technically qualified. 12.8 The Auditor(s) shall issue a report on the audit of the financial statements and relevant schedules which· shall include such information as he/they deem necessary in regard to financial regulation 12.3 and the Additional Terms of Reference. 12.9 The report(s) shall be transmitted through the Executive Board, together with the audited financial statements, to the Health Assembly not later than 1 May following the end of the financial year to which the accounts relate. The Executive Board shall examine the financial statements and the audit report(s) and shall forward them to the Health Assembly with such comments as it deems necessary. Article XIII - Resolutions involving Expenditures 13.1 Neither the Health Assembly nor the Executive Board shall take a decision involving expenditures unless it has before it a report from the Director-General on the administrative and financial implications of the proposal. 13.2 Where, in the opinion of the Director-General, the proposed expenditure cannot be made from the existing appropriations, it shall not be incurred until the Health Assembly has made the necessary appropriations, unless the Director-General certifies that provision can be made under the conditions of the resolution of the Health Assembly relating to unforeseen and extraordinary expenses. Article XIV - Delegation of Authority 14.l The Director-General may delegate to other officers of the Organization such of his powers as he considers necessary for the effective implementation of these regulations. Article XV - General Provisions 15.l These regulations shall be effective as of the date of their approval by the Health Assembly, and may be amended only by the Health Assembly. 80 BASIC DOCUMENTS 15.2 In case of doubt as to the interpretation and application of any of the foregoing regulations, the Director-General is authorized to rule thereon, subject to confirmation by the Executive Board at its next session. Article XVI - Special Provisions 16.1 The Director-General shall report annually to the Health Assembly such financial rules and amendments thereto as he may make to implement these regulations, after confirmation by the Board. Appendix ADDITIONAL TERMS OF REFERENCE GOVERNING THE EXTERNAL AUDIT OF THE WORLD HEALTH ORGANIZATION 1. The Auditor(s) shall perform such audit of the accounts of the World Health Organization, including all trust funds and special accounts, as he/they deem necessary in order to satisfy himself/themselves: (a) that the financial statements are in accord with the books and records of the Organization; (b) that the financial transactions reflected in the statements have been in accord- ance with the rules and regulations, the budgetary provisions, and other applicable directives; (c) that the securities and moneys on deposit and on hand have been verified by the certificates received direct from the Organization's depositaries or by actual count; (d) that the internal controls, including the internal audit, are adequate in the light of the extent of reliance placed thereon; (e) that procedures satisfactory to the Auditor(s) have been applied to the re- cording of all assets, liabilities, surpluses and deficits. 2. The Auditor(s) shall be the sole judge as to the acceptance in whole or in part of certifications and representations by the Secretariat and may proceed to such detailed examination and verification as he/they choose(s) of all financial records including those relating to supplies and equipment. 3. The Auditor(s) and his/their staff shall have free access at all convenient times to all books, records and other documentation which are, in the opinion of the Audi- tor(s), necessary for the performance of the audit. Information classified as privileged and which the Secretariat agrees is required by the Auditor(s) for the purposes of the audit, and information classified as confidential, shall be made available on application. FINANCIAL REGULATIONS OF WHO 81 The Auditor(s) and his/their staff shall respect the privileged and confidential nature of any information so classified which has been made available and shall not make use of it except in direct connexion with the performance of the audit. The Auditor(s) may draw the attention of the Health Assembly to any denial of information classified as privileged which, in his/their opinion, was required for the purpose of the audit. 4. The Auditor(s) shall have no power to disallow items in the accounts but shall draw to the attention of the Director-General for appropriate action any transaction concerning which he/they entertain(s) doubt as to legality or propriety. Audit objections, to these or any other transactions, arising during the examination of the accounts shall be immediately communicated to the Director-General. 5. The Auditor(s) shall express and sign an opinion in the following terms: I/We have examined the following appended financial statements, numbered ... to ... properly identified, and relevant schedules of the World Health Or- ganization for the year ended 31 December... . My/Our examination included a general review of the accounting procedures and such tests of the accounting records and other supporting evidence as I/we considered necessary in the circum- stances. As a result of my/our examination I/we am/are of the opinion that the financial statements properly reflect the recorded financial transactions for the year, which transactions were in accordance with the Financial Regulations and legislative authority and present fairly the financial position as at 31 December ... adding, should it be necessary: subject to the observations in my/our foregoing report. 6. The report of the Auditor(s) on the financial statements should mention: (a) The type and scope of his/their examination; (b) Matters affecting the completeness or accuracy of the accounts, including where appropriate: (i) Information necessary to the correct interpretation of the accounts; (ii) Any amounts which ought to have been received but which have not been brought to account; (iii) Any amounts for which a legal or contingent obligation exists and which have not been recorded or reflected in the financial statements; (iv) Expenditures not properly substantiated; (v) Whether proper books of accounts have been kept. Where in the presentation of statements there are deviations of material nature from the generally accepted accounting principles applied on a consistent basis, these should be disclosed. (c) Other matters which should be brought to the notice of the Health Assembly such as: (i) Cases of fraud or presumptive fraud; (ii) Wasteful or improper expenditure of the Organization's money or other assets (notwithstanding that the accounting for the transaction may be correct); 82 BASIC DOCUMENTS (iii) Expenditure likely to commit the Organization to further outlay on a large scale; (iv) Any defect in the general system or detailed regulations governing the control of receipts and disbursements, or of supplies and equipment; (v) Expenditure not in accordance with the intention of the Health Assembly, after making allowance for duly authorized transfers within the budget; (vi) Expenditure in excess of appropriations as amended by duly authorized transfers within the budget; (vii) Expenditure not in conformity with the authority which governs it. (d) The accuracy or otherwise of the supplies and equipment records as deter- mined by stock-taking and examination of the records. In addition, the reports may contain reference to: (e) Transactions accounted for in a previous year, concerning which further information has been obtained, or transactions in a later year concerning which it seems desirable that the Health Assembly should have early knowledge. 7. The Auditor(s) may make such observations with respect to his/their findings resulting from the audit and such comments on the financial report as he/they deem(s) appropriate to the Health Assembly or to the Director-General. 8. Whenever the Auditor's(s') scope of audit is restricted, or he/they is/are unable to obtain sufficient evidence, the Auditor(s) shall refer to the matter in his/their report, making clear the reasons for his/their comments and the effect on the financial position and the financial transactions as recorded. 9. In no case shall the Auditor(s) include criticism in his/their report without first affording the Director-General an adequate opportunity of explanation on the matter under observation. STAFF REGULATIONS OF THE WORLD HEALTH ORGANIZATION 1 SCOPE AND PURPOSE The Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of the World Health Organization Secretariat staff. They are the broad principles of personnel policy for the guidance of the Director-General in the staffing and administration of the Secretariat. The Director-General may, as Chief Administrative Officer, provide and enforce such Staff Rules consistent with these principles as he considers necessary. I. DUTIES, OBLIGATIONS AND PRIVILEGES 1.1 All staff members of the Organization are international civil servants. Their responsibilities are not national but exclusively inter- national. By accepting appointment, they pledge themselves to discharge their functions and to regulate their conduct with the interests of the World Health Organization only in view. 1.2 All staff members are subject to the authority of the Director- General and to assignment by him to any of the activities or offices of the World Health Organization. They are responsible to him in the exercise of their functions. In principle, the whole time of staff members shall be at the disposal of the Director-General. 1.3 In the performance of their duties staff members shall neither seek nor accept instructions from any government or from any other authority external to the Organization. 1.4 No staff member shall accept, hold or engage in any office or occupation which is incompatible with the proper discharge of his duties with the World Health Organization. 1.5 Staff members shall conduct themselves at all times in a manner compatible with their status as international civil servants. They shall avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status. While they are not expected to give up their national sentiments or their political and religious 1 Text adopted by the Fourth World Health Assembly (resolution WHA4.51) and amended by the Twelfth World Health Assembly (resolution WHAll.33). - 83 - 84 BASIC DOCUMENTS convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their international status. 1.6 Staff members shall exercise the utmost discretion in regard to all matters of official business. They shall not communicate to any person any information known to them by reason of their official position which has not been made public, except in the course of their duties or by authorization of the Director-General. At no time shall they in any way use to private advantage information known to them by reason of their official position. These obligations do not cease with separation from service. 1.7 No staff member shall accept any honour, decoration, favour, gift or remuneration from any government, or from any other source external to the Organization, if such acceptance is incompatible with his status as an international civil servant. 1.8 Any staff member who becomes a candidate for a public office of a political character shall resign from the Secretariat. 1.9 The immunities and privileges attaching to the World Health Organization by virtue of Article 67 of the Constitution are conferred in the interests of the Organization. These privileges and immunities furnish no excuse to staff members for non-performance of their private obligations or failure to observe laws and police regulations. The decision whether to waive any privileges or immunities of the staff in any case that arises shall rest with the Director-General. 1.10 All staff members shall subscribe to the following oath or declaration : I solemnly swear (undertake, affirm, promise) to exercise in all loyalty, discretion, and conscience the functions entrusted to me as an inter- national civil servant of the World Health Organization, to discharge those functions and regulate my conduct with the interests of the World Health Organization only in view, and not to seek or accept instructions in regard to the performance of my duties from any government or other authority external to the Organization. 1.11 The oath or declaration shall be made orally by the Director- General at a public meeting of the World Health Assembly, by the Deputy Director-General, Assistant Directors-General and Regional Directors before the Director-General and in writing by other staff members. II. CLASSIFICATION OF POSTS AND STAFF 2.1 Appropriate provision shall be made by the Director-General for the classification of posts and staff according to the nature of the duties and responsibilities required. STAFF REGULATIONS OF WHO 85 III. SALARIES AND RELATED ALLOWANCES 3.1 The salaries for the Deputy Director-General, Assistant Directors- General and Regional Directors shall be determined by the World Health Assembly on the recommendation of the Director-General and with the advice of the Executive Board. 3.2 Salary levels for other staff shall be determined by the Director- General on the basis of their duties and responsibilities. The salary and allowance plan shall be determined by the Director-General follow- ing basically the scales of salaries and allowances of the United Nations, provided that for staff occupying positions subject to local recruitment the Director-General may establish salaries and allowances in accordance with best prevailing local practices and that for staff occupying positions subject to international recruitment the remuneration shall be varied between duty stations to take into account relative cost of living to the staff members concerned, standards of living and related factors. Any deviations from the United Nations scales of salaries and allowances which may be necessary for the requirements of the World Health Organization shall be subject to the approval of, or may be authorized by, the Executive Board. IV. APPOINTMENT AND PROMOTION 4.1 The Director-General shall appoint staff members as required. 4.2 The paramount consideration in the appointment, transfer or pro- motion of the staff shall be the necessity of securing the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting and maintaining the staff on as wide a geographical basis as possible. 4.3 Selection of staff members shall be without regard to race, creed or sex. So far as is practicable, selection shall be made on a com- petitive basis. 4.4 Without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the Organization in preference to persons from outside. This preference shall also be applied, on a reciprocal basis, to the United Nations and specialized agencies brought into relationship with the United Nations. 4.5 Appointments of the Deputy Director-General, Assistant Directors- General and Regional Directors shall be for a period not to exceed five years, subject to renewal. Other staff members shall be granted either permanent or temporary appointments, under such terms and 86 BASIC DOCUMENTS conditions consistent with these regulations as the Director-General may prescribe. 4.6 The Director-General shall establish appropriate medical standards which prospective staff members shall normally be required to meet before appointment. V. ANNUAL AND SPECIAL LEAVE 5.1 Staff members shall be allowed appropriate annual leave. In exceptional cases, special leave may be authorized by the Director- General. 5.2 In order that staff members may take their leave periodically in their home countries, the Organization shall allow necessary travelling time for that purpose, under conditions and definitions prescribed by the Director-General. VI. SOCIAL SECURITY 6.1 Provision shall be made for the participation of staff members in the United Nations Joint Staff Pension Fund in accordance with the regulations of that fund. 6.2 The Director-General shall establish a scheme of social security for the staff, including provisions for health protection, sick leave and maternity leave, and reasonable compensation in the event of illness, accident or death attributable to the performance of official duties on behalf of the Organization. VII. TRAVEL AND REMOVAL EXPENSES 7.1 Subject to conditions and definitions prescribed by the Director- General, the Organization shall pay the travel expenses of staff members and, in appropriate cases, their dependants upon appointment and on. subsequent change of official duty station, upon the taking of leave at home when authorized, and upon separation from the service. 7.2 Subject to conditions and definitions prescribed by the Director- General, the World Health Organization shall pay removal costs for staff members upon appointment and on subsequent change of official duty station and upon separation from the service. STAFF REGULATIONS OF WHO 87 VIII. STAFF RELATIONS 8.1 The Director-General shall make provision for staff participation in the discussion of policies relating to staff questions. IX. SEPARATION FROM SERVICE 9.1 Staff members may resign from the Secretariat upon giving the Director-General the notice required under the terms of their appoint- ment. 9.2 The Director-General may terminate the appointment of a staff member in accordance with the terms of his appointment, or if the necessities of the service require abolition of the post or reduction of the staff, if the services of the individual concerned prove unsatisfactory, or if he is, for reasons of health, incapacitated for further service. 9.3 If the Director-General terminates an appointment the staff member shall be given notice and indemnity payment in accordance with the terms of his appointment. 9.4 The Director-General shall establish a scheme for the payment of repatriation grants. 9.S Normally, staff members shall not be retained in active service beyond the age specified in the Pension Fund regulations as the age of retirement. The Director-General may, in the interests of the Orga- nization, extend this age limit in exceptional cases. X. DISCIPLINARY MEASURES 10.1 The Director-General may impose disciplinary measures on staff members whose conduct is unsatisfactory. He may summarily dismiss a member of the staff for serious misconduct. XI. APPEA~ 11.1 The Director-General shall establish administrative machinery with staff participation to advise him in case of any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent regulations and rules, or against disciplinary action. 11.2 Any dispute which cannot be resolved internally, arising between the Organization and a member of the staff regarding the fulfilment 88 BASIC DOCUMENTS of the contract of the said member, shall be referred for final decision to the United Nations Administrative Tribunal. XII. GENERAL PROVISIONS 12.1 These regulations may be supplemented or amended by the Health Assembly, without prejudice to the acquired rights of staff members. 12.2 The Director-General shall report annually to the Health Assembly such staff rules and amendments thereto as he may make to implement these regulations, after confirmation by the Executive Board. 12.3 The Director-General, by virtue of the authority vested in him as the chief technical and administrative officer of the Organization, may delegate to other officers of the Organization such of his powers as he considers necessary for the effective implementation of these regulations. 12.4 In case of doubt as to the meaning of any of the foregoing regulations, the Director-General is authorized to rule thereon subject to confirmation of the ruling by the Executive Board at its next meeting. REGULATIONS FOR EXPERT ADVISORY PANELS AND COMMITTEES 1 INTRODUCTION Efficiency, as well as economy, makes it necessary to limit the number of experts participating in discussions on any given subject; on the other hand, it is difficult, in a small group of experts, to obtain adequate representation of the various branches of knowledge which bear upon its subject, and of the diversified forms of local experience and trends of thought prevailing in the various parts of the world. These apparently conflicting requirements may be reconciled by giving expert committees, whenever desirable, flexible membership. This may be done by setting up advisory panels of experts conversant with all the required branches of knowledge and forms of experience needed to cover adequately a particular subject and providing adequate geographical representation. From these panels will be drawn the members of the expert com- mittees, selection being made according to the agenda of each session The following regulations are, therefore, based on the above prin- ciples. l. DEFINITIONS l.1 An expert advisory panel consists of experts from whom the Organization may obtain technical advice on a particular subject : l. l.l by correspondence; l. l.2 at meetings to which they may be invited. 1.2 A member of an expert advisory panel is an expert appointed by the Director-General who undertakes to contribute by correspon- dence and without remuneration technical information or reports on developments within his own field, either periodically or on request from the Director-General. l.3 An expert committee is a committee established to deal with a particular subject and consisting of a group of experts convened for the purpose by the Director-General. 1 Text adopted by the Fourth World Health Assembly resolution WHA4.14) and amended by the Thirteenth World Health Assembly (resolution WHAll.49). - 89- I .. ! ..! u~ t: oll ... ... "' ill .: 90 BASIC DOCUMENTS 1.4 A member of an expert committee is an expert appointed by the Director-General to serve on any particular session of that com- mittee. 2. PURPOSFS AND FUNCTIONS 2.1 The purposes and functions of expert advisory panels and com- mittees, in their respective technical fields and within their terms of reference, are : 2.1.1 to review the latest knowledge and expert information and make it available to the Organization; 2.1.2 to formulate technical recommendations; 2.1.3 to make recommendations designed to initiate, stimulate and co-ordinate research necessary for the fulfilment of their terms of reference. 2.2 Expert committees, unless formally so requested by the World Health Assembly, the Executive Board or the Director-General, shall not advise the Organization on questions of administrative policy. 2.3 Their conclusions shall not commit the Organization. 3. AUTHORITY TO EsTABLISH EXPERT ADVISORY PANELS AND COMMITTEES 3.1 The World Health Assembly and the Executive Board have authority under Articles 18 (e) and 38 of the Constitution of the Orga- nization to establish and dissolve expert committees and to fix the number of their members. 3.2 The Director-General has authority to invite not more than two additional experts beyond the membership authorized under paragraph 3.1 to a session of an expert committee, if, in his opinion, this increase in membership is required by its agenda. 3.3 The Director-General has authority to establish expert advisory panels and to lay down their terms of reference and the duration of their office. 4. S~ECTION, APPOINTMENT AND TERM OF OFFICE OF MEMBERS 4.1 The members of expert advisory panels and committees shall be selected and appointed by the Director-General. All such appoint- ments shall be. reported to the Executive Board at its next session. 4.2 In selecting these members the Director-General shall consider primarily their ability and technical experience. Subject to this pri- mary consideration, he shall also endeavour to secure adequate geographical distribution. REGULATIONS FOR EXPERT ADVISORY PANELS AND COMMITTEES 91 4.3 Before appointing any member of an expert advisory panel, the Director-General shall consult with the national administration con- cerned. 4.4 The Director-General shall appoint experts to serve on a particular session of an expert committee on the basis of their special knowledge and experience concerning the subjects on the agenda of those particular sessions and taking into account the need for continuity. 4.5 Members of expert advisory panels shall be appointed for such period as the Director-General may determine, but not exceeding five years. 4.5.1 That period shall be terminated if and when the panel is dis- solved or before that date at the discretion of the Director-General if the interests of the Organization so demand. 4.5.2 The Director-General shall report to the Executive Board such earlier termination of an appointment. 4.5.3 Experts shall be eligible for reappointment. 4.6 Experts appointed by the Director-General to serve on an expert committee shall remain members of that committee until the work of the session to which they are appointed is concluded. 4.7 Members of a panel who are not convened to a particular ses- sion of an expert committee may nevertheless attend it, if they so wish, and if so authorized by the Director-General, but in that case they shall do so at their own expense and not take part in the proceedings. 4.8 In accordance with the administrative regulations of the Organiza- tion, members of expert committees shall be entitled to a refund of travelling expenses necessitated by their attendance at sessions of the committee~. and also to a daily living allowance during such sessions. These allowances shall not be regarded as remuneration. 5. INTERNATIONAL STATUS OF MEMBERS 5.1 In the exercise of their functions, the members of expert advisory panels and committees shall act as international experts serving the Organization exclusively; in that capacity they may not request or receive instructions from any government or authority external to the Organization. 5.2 They shall enjoy the privileges and immunities envisaged in Article 67 (b) of the Constitution of the Organization and set forth in the Convention on the Privileges and Immunities of the Specialized Agencies and in Annex VII thereof. 92 BASIC DOCUMENTS 6. CHAIRMEN AND VICE-CHAIRMEN At the beginning of each session the expert committee shall elect a chairman to direct its debates and shall also elect a vice-chairman to replace the chairman in case of resignation, absence or inability to carry out effectively his functions. 7. SECRETARYSHIP 7.1 In accordance with Article 32 of the Constitution, the Director- General is ex-officio secretary of all expert committees. He may delegate those functions. 7.2 The Director-General, or his representative, may at any time make either oral or written statements to the committee concerning any question under consideration. 7.3 The presence of the Director-General, or of his representative, during the proceedings is necessary to validate any action taken by the committee. 7.4 The Director-General, or his representative, shall determine the time and place of each session, and shall convene the committee. 8. AGENDA 8.1 The Director-General, or his representative, shall prepare the draft agenda for each session and transmit it in reasonable time to the members of the committee, to the members of the Executive Board and to Members of the Organization. 8.2 The agenda shall include any subject within the terms of refer- ence of the committee proposed by the Health Assembly, the Executive Board or the Director-General. 9. EXPERT SUB-COMMITTEES 9.1 For the study of special problems a committee may suggest the establishment, temporarily or permanently, of specialized sub-com- mittees, and may make suggestions as to their composition. 9.2 A committee may also suggest the establishment of joint sub- committees consisting of specialists in its own technical field and of specialists in another field whose collaboration it considers necessary for the success of its work. 9.3 The Health Assembly, or the Executive Board, shall decide whether such sub-committees shall be established, and whether singly or jointly with Qther committees or sub-committees of the Organization. REGULATIONS FOR EXPERT ADVISORY PANELS AND COMMITTEES 93 9.4 The rules governing the functions of committees, the appoint- ment of their members, the election of their chairmen and vice-chairmen, secretaryship and agenda shall, mutatis mutandis, apply to sub-com- mittees. 9.5 Membership of a committee does not in itself entitle an expert to participate in the proceedings of any of its sub-committees. 10. REPORTS ON SESSIONS OF COMMITTEES 10. l For each session the committee shall, with the assistance of its secretary, draw up a report setting forth the committee's findings, observations and recommendations. 10.2 This report shall be approved by the committee before the end of the session. 10.3 If the committee is not unanimous in its findings, any divergent views shall be recorded in or appended to the report. 10.4 The Director-General shall be responsible for authorizing the publication of reports of expert committees. 10.5 Nevertheless, the Director-General may communicate the report directly to the Health Assembly, if, in his opinion, it contains informa- tion or advice urgently required by that body. 10.6 The Director-General shall submit to each session of the Board a document on the action to be taken with reference to meetings of expert committees held since the previous session of the Board and annex to this document the texts of the reports of such expert com- mittees. 10. 7 The Executive Board shall consider the report of the Director- General and shall take appropriate action in this respect. 10.7.l The text of a report of the committee may not be modified without the consent of the committee by which it was drawn up. 10.7.2 The Director-General may direct to the attention of the chair- man of an expert committee any statement of opinion in its report that might be considered prejudicial to the best interests of the Orga- nization or any Member State. The chairman of the committee may, at his discretion, delete such statement from the report, with or without communicating with members of the expert committee or, after obtain- ing their written approval, may modify the statement. Any difficulty arising out of a divergence of views between the Director-General and the chairman of the committee shall be referred to the Board. 10.8 Signed contributions shall not be included in the text of the committee's report or in its annexes. 7 94 BASIC DOCUMENTS 10.9 The Director-General may publish any relevant document falling within the committee's technical field and emanating from its members or from any other source, if he considers publication desirable. 11. REPORTS ON SESSIONS OF SUB-COMMITTEES 11.1 The provisions of Regulation 10 shall apply to reports on ses- sions of sub-committees except that the report of a sub-committee or joint sub-committee shall be submitted through the Director-General to the parent committee or committees. 11.2 Nevertheless, the Director-General may communicate the report of a sub-committee directly to the Executive Board or to the Health Assembly if, in his opinion, it contains information or advice urgently required by either of those organs. 12. RULES OF PROCEDURE Expert committees and sub-committees shall conduct their pro- ceedings in accordance with the Rules of Procedure set forth in the annex to these regulations. 13. JOINT CoMMITTEES AND SUB-CoMMITTEES 13.1 The methods of appointment, status, grant of travel and sub- sistence allowances to persons representing the Organization, serving as experts on joint committees or sub-committees established by the Organization in conjunction with other organizations, shall be subject to Regulations 3, 4 and 5 of these regulations. 13.2 Experts are appointed by the Organization to joint committees and sub-committees by reason of their specialized knowledge and technical competence; they shall retain complete freedom of opinion and expression. Therefore, in any collective decision liable to entail administrative, financial or moral responsibility for the appointing organization, they cannot commit the Organization. 13.3 The questions which the Organization wishes to place on the agenda of a joint committee or sub-committee shall be formulated by the Director-General on his own initiative, on the instructions of the Health Assembly or of the Executive Board, or upon the suggestion of any one of the expert members of such committee or sub-committee. 13.4 Persons representing the Organization on any joint committee shall report to the Director-General upon their participation in all sessions they attend. This special report shall be supplementary to the collective report of the joint committee or sub-committee itself. REGULATIONS FOR EXPERT ADVISORY PANELS AND COMMITTEES 95 14. TRANSITIONAL PROVISIONS 14.1 Expert advisory panels are hereby established in every field in which an expert committee has been established by the World Health Assembly or the Executive Board. 14.2 All experts appointed to expert committees, whether as members or as corresponding experts, shall be considered as members of the expert advisory panels established in the same fields under para- graph 14.1. 14.3 Their membership on the expert advisory panels shall be of five years' duration unless a shorter period is fixed by the Director- General under paragraph 4.5. 15. ENTRY-INTO-FORCE These regulations shall apply as from the date of their approval by the World Health Assembly and replace the former regulations and provisional appointment regulations for expert committees and their sub-committees. Annex RULES OF PROCEDURE FOR EXPERT COMMITTEES AND THEIR SUB-COMMITTEES 1 PRIVATE NATURE OF MEETINGS Rule I The meetings of expert committees and sub-committees shall normally be of a private character. They cannot become public except by the express decision of the committee, with the full agreement of the Director-General. QUORUM Rule 2 The discussions of a committee or sub-committee shall be invalid : (a) unless at least two-thirds of its members are present; (b) if, unless otherwise directed, a representative of the Director-General is not also present. 1 Adopted by tbe First World Health Assembly (Off. R~c. Wld Hlth Org. 13, 99, 334) and amended by the Second, Fourth and Tenth World Health Assemblies (resolutions WHA2.84, WHA4.S7 and WHAI0.45). 96 BASIC DOCUMENTS VOTE Rule 3 (a) Scientific Questions. Purely scientific questions shall not be submitted to a vote. If the members of a committee or sub-committee cannot agree, each shall be entitled to retain and express his personal opinion; this statement of opinion shall take the form of an individual or group report, which shall state the reasons why a divergent opinion is held. (b) Other Questions ( Administrative, etc.). Questions which are not purely scientific may be submitted to a vote, and the decision of the committee or sub- committee shall in such cases be taken by majority of the members present and voting. If the votes are equally divided, the chairman shall have the casting vote. METHOD OF VOTING Rule 4 At the request of any member a vote by secret ballot or by roll-call may be taken. DIVISION OF VOTE Rule 5 Parts of a resolution or motion may be voted on separately if any member of the committee so requests. AMENDMENTS Rule 6 (a) Plurality of Amendments. If two or more amendments are moved to a proposal, the committee shall first vote on the one which is furthest removed in substance from the original proposal, then on the one which is the next furthest removed in substance, and so on until all the amendments have been put to the vote, (b) Nature of Amendments. Where an amendment revises, supplements or reduces the scope of a resolution or motion, the amendment shall first be put to the vote. If it is adopted, the revised resolution or motion shall then be put to the vote. POINT OF ORDER Rule 7 During the discussion of any question, a member may raise a point of order, and the chairman shall give his ruling on the point of order immediately. ADJOURNMENT OF DEBATE Rule 8 During a discussion of any matter, a member may move the adjournment of the debate. Any such motion shall have priority in the debate. The proposer may speak in favour of it and one other member against it. REGULATIONS FOR EXPERT ADVISORY PANELS AND COMMITTEES 97 LIMITATION OF SPEECHES Rule 9 The committee may limit the time allowed to each speaker. CLOSURE OF DEBATE Rule 10 At any time a member may move the closure of the debate, whether or not any other member has signified his wish to speak. Any such motion shall have priority in the debate. If permission to speak against the closure has been requested, it may be accorded to not more than one member. The chairman shall take the opinion of the committee on a motion for closure. If the committee is in favour of closure, the chairman shall declare the debate closed. SECRETARIAT OF SESSIONS (RECORDS) Rule 11 The administrative secretariat may be provided by officials placed at the disposal of the committee or sub-committee by the Director-General; these officials shall assist the chairman and members of the committee, as well as the Director-General or his representative; if necessary they shall draw up summary records of the meetings, under the responsibility of the Director-General. The said summary records shall be approved as far as possible by the committee or sub-committee. The Director-General or his representative may at any time make either oral or written statements concerning any question under consideration. REPORTS Rule 12 The report of a committee or sub-committee shall be drawn up and approved by it before the close of the session. WORKING LANOUAOl!S Rule 13 The working languages of the committee shall be English and French. Speeches made in Spanish or Russian shall be interpreted into both working languages; speeches made in either of the working languages shall be interpreted into the other working language and into Spanish and Russian. If requested, arrangements shall be made, if possible, for the interpretation of any other language used by any expert during the session. AMENDMENTS TO RULES OF PROCEDURE Rule 14 These Rules may be amended or supplemented at any meeting by adoption of a resolution, in agreement with the Director-General of the Organization or his representative. RULES OF PROCEDURE OF THE WORLD HEALffl ASSEMBLY 1 Note: Whenever any of the following terms appear in these Rules, reference shall be as indicated below : " Constitution " - to the Constitution of the World Health Organiza- tion "Organization" - to the World Health Organization "Health Assembly" - to the World Health Assembly "Board" - to the Executive Board "Members" - to Members of the World Health Organization " Associate Members " - to Associate Members of the World Health Organization. Preamble These Rules of Procedure are adopted under the authority of, and are subject to, the Constitution of the World Health Organization. In the event of any conflict between any provision of the Rules and any provision of the Constitution, the Constitution shall prevail. SESSIONS OF THE HEALTH AssEMBLY Rule 1 The Director-General shall convene the Health Assembly to meet annually in regular session at such time and place as the Board shall determine in conformity with the provisions of Articles 14 and 15 of the Constitution. Rule 2 The Director-General shall convene the Health Assembly to meet in special session, within ninety days of the receipt of any request there- for, made by a majority of the Members and Associate Members of the Organization or by the Board, at such time and place as the Board shall determine. 1 Text adopted by tbe Eighth World H~lth Assembly (resolutions WHAS.26 and WHA8.27) and amended by tbe Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Eighteenth, Twentieth, Twenty-third and Twenty-fifth World Health Assemblies (resolutions WHAl0.44, WHAi 1.24, WHAll.36, WHAl2.39, WHA13.43, WHA14.46, WHAIS.50, WHAIS.22, WHA20.1, WHA20.30, WHA23.2 and WHA25.50). - 98 - RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 99 Rule 3 Notices convening a regular session of the Health Assembly shall be sent by the Director-General not less than sixty days and notices convening a special session not less than thirty days before the date fixed for the opening of the session, to Members and Associate Members, to representatives of the Board and to all participating intergovernmental and non-governmental organizations admitted into relationship with the Organization invited to be represented at the session. The Director-General may invite States having made application for membership, territories on whose behalf application for associate membership has been made, and States which have signed but not accepted the Constitution to send observers to sessions of the Health Assembly. AGENDA OF HEALTH ASSEMBLY SESSIONS Regular Sessions Rule 4 The Board shall prepare the provisional agenda of each regular session of the Health Assembly after consideration of proposals sub- mitted by the Director-General. The provisional agenda shall be dispatched together with the notice of convocation mentioned in Rule 3. Rule 5 The Board shall include in the provisional agenda of each regular session of the Health Assembly inter alia : (a) the Annual Report of the Director-General on the work of the Organization; (b) all items that the Health Assembly has, in a previous session, ordered to be included; (c) all items pertaining to the budget for the next financial year and to the report on the accounts for the preceding year; (d) any item proposed by a Member or by an Associate Member; .. ..!! f :::, ::, a::1 < e :c ... ~o 100 BASIC DOCUMENTS (e) subject to such preliminary consultation as may be necessary between the Director-General and the Secretary-General of the United Nations, any item proposed by the United Nations; (!) any item proposed by any specialized agency with which the Orga- nization has entered into effective relations. Special Sessions Rule 6 The Director-General shall draw up the provisional agenda for any special session of the Health Assembly and dispatch it together with the notice of convocation mentioned in Rule 3. Rule 7 The provisional agenda for each special session shall include only those items proposed in any request by a majority of the Members and Associate Members of the Organization or by the Board for the hold- ing of the session, pursuant to Rule 2. Regular and Special Sessions Rule 8 The Director-General shall enter into consultation with the United Nations or the specialized agencies on items, proposed in conformity with these Rules, relating to new activities to be undertaken by the Organization which are of direct concern to such organization or organizations, and shall report to the Health Assembly on the means of achieving co-ordinated use of the resources of the respective orga- nizations. When such proposals are put forward during the course of a session, the Director-General shall, after such consultation as may be possible with representatives of the United Nations or specialized agencies attending the session, draw the attention of the Health Assembly to the full implications of the proposal. Rule 9 The Health Assembly shall satisfy itself that adequate consultations have taken place with the organizations concerned in accordance with Rule 8 before taking action on such new activities. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 101 Rule JO The Director-General shall consult the United Nations and the specialized agencies, as well as Member States, on international conven- tions or agreements or international regulations proposed for adoption in respect of any provision thereof which affects the activities of such organization or organizations, and shall bring the comments of such organization or organizations to the attention of the Health Assembly together with the comments received from governments. Rule 11 Unless the Health Assembly decides otherwise in case of urgency, proposals for new activities to be undertaken by the Organization may be placed upon the supplementary agenda of any session only if such proposals are received at least six weeks before the date of the opening of the session, or if the proposal is one which should be referred to another organ of the Organization for examination with a view to deciding whether action by the Organization is desirable. Rule 12 Subject to the provisions of Rule 11 regarding new activities and to the provisions of Rule 96, a supplementary item may be added to the agenda during any session, if upon the report of the General Com- mittee the Health Assembly so decides, provided that the request for the inclusion of the supplementary item reaches the Organization within six days from the day of the opening of a regular session or within two days from the day of the opening of a special session, both periods being inclusive of the opening day. Rule 13 The Director-General shall report to the Health Assembly on the technical, administrative and financial implications of all agenda items submitted to the Health Assembly before they are considered by the Health Assembly in plenary meeting. No proposal shall be considered in the absence of such a report unless the Health Assembly decides otherwise in case of urgency. Rule 14 Copies of all reports and other documents relating to the agenda of any session shall be sent by the Director-General to Members and Associate Members, to representatives of the Board and to participat- ing intergovernmental organizations at the same time as the agenda 102 BASIC DOCUMENTS or as soon thereafter as possible; appropriate reports and documents shall also be sent to non-governmental organizations admitted into relationship with the Organization in the same manner. Rule 15 The Health Assembly shall not proceed, unless it determines other- wise, to the discussion of any item on the agenda until at least forty- eight hours have elapsed after the documents referred to in Rules 13 and 14 have been made available to delegations. Nevertheless, the President of the Health Assembly, with the consent of the General Committee, may suspend the application of this Rule. In this case, notice of such suspension shall be given to all delegations and inserted in the Journal of the Health Assembly. SECRETARIAT OF THE HEALTH AssEMBLY Rule 16 The Director-General shall be ex officio Secretary of the Health Assembly and of any subdivision thereof. He may delegate these functions. Rule 17 The Director-General shall provide and supervise such secretarial and other staff and facilities as may be required by the Health Assembly. Rule 18 It shall be the duty of the Secretariat to receive, translate into the working languages of the Health Assembly, and circulate documents, reports and resolutions of the Health Assembly and its committees; to prepare the records of their proceedings; and to perform any other tasks required in connexion with the activities of the Health Assembly or any of its committees. PLENARY MEETINGS OF THE HEALTH AsSE!MBLY Rule 19 Plenary meetings of the Health Assembly will, unless the Health Assembly decides otherwise, be open to attendance by all delegates, alternates and advisers appointed by Members, in accordance with Articles 10-12 inclusive of the Constitution, by representatives of RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 103 Associate Members appointed in accordance with Article 8 of the Constitution, and the resolution governing the status of Associate Members, by representatives of the Board, by observers of invited non- Member States and territories on whose behalf application for associate membership has been made, and also by invited representatives of the United Nations and of other participating intergovernmental and non- governmental organizations admitted into relationship with the Organization. In plenary meetings the chief delegate may designate another delegate who shall have the right to speak and vote in the name of his delegation on any question. Moreover, upon the request of the chief delegate or any delegate so designated by him the President may allow an adviser to speak on any particular point. Rule 20 Plenary meetings of the Health Assembly shall be held in public unless the Health Assembly decides that exceptional circumstances require that the meeting be held in private. The Health Assembly shall determine the participation at private meetings beyond that of the delegations of Members, the representatives of Associate Members and the representative of the United Nations. Decisions of the Health Assembly taken at a private meeting shall be announced at an early public meeting of the Health Assembly. Rule 21 Subject to any decision of the Health Assembly, the Director-General shall make appropriate arrangements for the admission of the public and of representatives of the Press and of other information agencies to the plenary meetings of the Health Assembly. Rule 22 (a) Each Member, Associate Member and participating intergovern- mental and invited non-governmental organization shall communicate to the Director-General, if possible fifteen days before the date fixed for the opening of the session of the Health Assembly, the names of its representatives, including all alternates, advisers and secretaries. (b) The credentials of delegates of Members and of the representa- tives of Associate Members shall be delivered to the Director-General, if possible not less than one day before the opening of the session of the Health Assembly. Such credentials shall be issued by the Head 104 BASIC DOCUMENTS of State or by the Minister for Foreign Affairs or by the Minister of Health or by any other appropriate authority. COMMITIEE ON CREDENTIALS Rule 23 A Committee on Credentials consisting of twelve delegates of as many Members shall be appointed at the beginning of each session by the Health Assembly on the proposal of the President. This com- mittee shall elect its own officers. It shall examine the credentials of delegates of Members and of the representatives of Associate Members and report to the Health Assembly thereon without delay. Any delegate or representative to whose admission a Member has made objection shall be seated provisionally with the same rights as other delegates or representatives, until the Committee on Credentials has reported and the Health Assembly has given its decision. CoMMITIEE ON NOMINATIONS Rule 24 The Health Assembly shall elect a Committee on Nominations consisting of twenty-four delegates of as many Members. At the beginning of each regular session the President shall submit to the Health Assembly a list consisting of twenty-four Members to comprise a Committee on Nominations. Any Member may propose additions to such list. On the basis of such list, as amended by any additions proposed, a vote shall be taken in accordance with the pro- visions of those Rules dealing with elections. Rule 25 The Committee on Nominations, having regard to an equitable geographic distribution and to experience and personal competence, shall propose (a) to the Health Assembly from among the delegates nominations for the offices of the President and five vice-presidents of the Health Assembly, for the offices of chairman of each of the main committees, and for the members of the General Committee to be elected under Rule 31, and (b) to each of the main committees, set up under Rule 34, nominations from among the delegates for the offices of vice-chairman and rapporteur. The proposals of the Com- mittee on Nominations shall be forthwith communicated to the Health Assembly or to the main committees respectively. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 105 OFFICERS OF THE HEALTH AssEMBLY Rule 26 At each regular session, the Health Assembly, after consideration of the report of the Committee on Nominations, shall elect a President and five vice-presidents, who shall hold office until their successors are elected. Rule 27 In addition to exercising the powers which are conferred upon him elsewhere by these Rules, the President shall declare the opening and closing of each plenary meeting of the session, shall direct the discussions in plenary meetings, ensure observance of these Rules, accord the right to speak, put questions and announce decisions. He shall rule on points of order, and, subject to these Rules, shall control the proceed- ings at any meeting and shall maintain order thereat. The President may, in the course of the discussion of any item, propose to the Health Assembly the limitation of the time to be allowed to each speaker or the closure of the list of speakers. Rule 28 The President may appoint one of the vice-presidents to take his place during a meeting or any part thereof. A vice-president acting as president shall have the same powers and duties as the President. If the President is unable to perform his functions during the remainder of the term for which he was elected, a new President shall be elected from among the five vice-presidents by the Health Assembly for the unexpired term. If the President is unable to act in between sessions, one of the vice-presidents shall act in his place. The order in which the vice- presidents shall be requested to serve shall be determined by lot at the session at which the election takes place. Rule 29 The President, or a vice-president acting as president, shall not vote, but he may, if necessary, appoint another delegate or alternate delegate from his delegation to act as the delegate of his government in plenary meetings. Rule 30 In the event that neither the President nor any vice-president is present at the opening of a session, the Director-General shall preside ad interim. 106 BASIC DOCUMENTS GENERAL COMMITTEE Rule 31 The General Committee of the Health Assembly shall consist of the President and vice-presidents of the Health Assembly, the chair- men of the main committees of the Health Assembly established under Rule 34 and that number of delegates to be elected by the Health Assembly after consideration of the report of the Committee on Nominations as shall provide a total of twenty-two members of the General Committee, provided that no delegation may have more than one representative on the Committee. The President of the Health Assembly shall convene, and preside over, meetings of the General Committee. Each member of the General Committee may be accompanied by not more than one other member of his delegation. The President or a vice-president may designate a member of his delegation as his substitute in his capacity as member during a meeting or any part thereof. The chairman of a main committee shall, in the case of absence, designate the vice-chairman of the committee as his substitute, provided that the vice-chairman shall not have the right to vote if he is of the same delegation as another member of the General Committee. Each of the elected delegates shall be entitled to designate another member of his delegation to act as his substitute in the event of his absence from any meeting of the General Committee. Meetings of the General Committee shall be held in private unless it decides otherwise. Rule 321 Meetings of the General Committee may be attended by not more than one member of each delegation to the Health Assembly not represented thereon. Such members may participate without vote in the deliberations of the General Committee if so invited by the Chairman. Rule 33 In addition to performing such duties as are specified elsewhere in these Rules, the General Committee, in consultation with the Director- General and subject to any decision of the Health Assembly, shall : (a) decide the time and place of all plenary meetings, of the meetings of the main committees and of all meetings of committees estab- lished at plenary meetings during the session. Whenever 1 With regard to this rule, the Eiahth World Health Assembly (resolution WHAS.27) adopted the f0Uowin1 interpretation : The attendance of members of deleaations under Rule 31 [now Rule 32) is limited to delegationa not havin1 one of their members aervina on the General Committee. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 107 practicable, the General Committee shall make known a few days in advance the date and hour of meetings of the Health Assembly and of the committees; (b) determine the order of business at each plenary meeting during the session; (c) propose to the Health Assembly the allocation to committees of items of the agenda; (d) report on any additions to the agenda under Rule 12; (e) co-ordinate the work of the main committees and all committees established at plenary meetings during the session; ([) fix the date of adjournment of the session; and (g) otherwise facilitate the orderly dispatch of the business of the session. MAIN CoMMITTEES OF THE HEALTH AssEMBLY Rule 34 The main committees of the Health Assembly shall be : (a) Committee A - to deal predominantly with programme and budget matters; (b) Committee B - to deal predominantly with administrative, financial and legal matters. In addition to these two main committees, the Health Assembly may establish such other main committees as it may consider necessary. The Health Assembly, after consideration of the recommendations of the Board and the General Committee, shall allocate items of the agenda to the two main committees in such a way as to provide an appropriate balance in the work of these committees. The chairmen of these main committees shall be elected by the Health Assembly after consideration of the report of the Committee on Nominations. Rule 35 Each delegation shall be entitled to be represented on each main committee by one of its members. He may be accompanied at meet- ings of the committee by one or more other members, who may be accorded permission to speak but shall not vote. Rule 36 Each main committee shall, after consideration of the report of the Committee on Nominations, elect a vice-chairman and a rapporteur. 108 BASIC DOCUMENTS Rule 37 The chairman of each main committee shall have in relation to the meetings of the committee concerned the same powers and duties as the President of the Health Assembly in relation to plenary meetings. Rule 38 Meetings of the main committees and their sub-committees shall be held in public unless the committee or sub-committee concerned decides otherwise. Rule 39 Any main committee may set up such sub-committees or other subdivisions as it considers necessary.I Rule 40 The members of each sub-committee shall be appointed by the main committee concerned upon the proposal of its chairman. A member of a sub-committee who is unable to be present at any meeting may be represented by another member of his delegation. Each sub-committee shall elect its own officers. OTHER COMMITTEES OF THE HEALTH AsSEMBLY Rule 41 The Health Assembly may appoint, or authorize the appointment of, any other committee or subdivision which it deems necessary. RAPPORTEURS Rule 42 Any committee, sub-committee or other subdivision may appoint from among its members one or more rapporteurs as required. PARTICIPATION OF REPRESENTATIVES OF THE EXECUTIVE BOARD Rule 43 The Board shall be represented at the Health Assembly by such person or persons serving on the Board as the Board may determine. 1 The Executive Board has recommended that the establishment of working parties in the Health Assembly should be restricted to the following purposes : (I) to formulate a conclusion on which substantial agreement has been reached (whether unani, mously or by an evident majority); (2) to make clear and state the issues that are before the committee for decision; (3) to provide a committee with an expert opinion relevant to its discussions. (Off. Ree, Wld Hlth Org., 33, 30) RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 109 If any such person is prevented from attending the Health Assembly, the Chairman of the Board shall appoint from amongst the members of the Board a representative to replace him. Rule 44 Representatives of the Board may attend plenary meetings and meetings of the main committees of the Health Assembly. They may participate without vote in their deliberations on the invitation or with the consent of the President of the Health Assembly or the chairman of a main committee as the case may be. PARTICIPATION OF REPRESENTATIVES OF AsSOCIATB MEMBERS AND OF INTERGOVERNMENTAL AND NON-GOVERNMENTAL ORGANIZATIONS AND OF OBSERVERS OF NON-MEMBER STATES AND TERRITORIES Rule 45 Representatives of Associate Members may participate equally with Members in meetings of the Health Assembly and of its main committees except that they shall not hold office nor shall they have the right to vote. They may participate equally with Members in other committees, sub-committees or other subdivisions of the Health Assembly except the General Committee, the Committee on Credentials and the Com- mittee on Nominations. Rule 46 Observers of invited non-Member States and territories on whose behalf application for associate membership has been made may attend any open meetings of the Health Assembly or any of its main com- mittees. They may, upon the invitation of the President, and with the consent of the Health Assembly or committee, make a statement on the subject under discussion. Such observers shall have access to non-confidential documents and to such other documents as the Director-General may see fit to make available. They may submit memoranda to the Director-General, who shall determine the nature and scope of their circulation. Rule 47 Subject to the terms of any agreement, representatives of the United Nations and of other intergovernmental organizations with which the Organization has established effective relations under Article 70 of the Constitution, may participate without vote in the deliberations of 8 110 BASIC DOCUMENTS meetings of the Health Assembly and its main committees. Such representatives may also attend and participate without vote in the deli- berations of the meetings of sub-committees or other subdivisions if so invited. They shall have access to non-confidential documents and to such other documents as the Director-General may see fit to make available. They may submit memoranda to the Director-General, who shall determine the nature and scope of their circulation. Rule 48 Representatives of non-governmental organizations with which arrangements for consultation and co-operation have been made, in accordance with Article 71 of the Constitution, may be invited to attend plenary meetings and meetings of the main committees of the Health Assembly and to participate without vote therein in accordance with those arrangements, when invited to do so by the President of the Health Assembly or by the chairman of a main committee, respectively. CoNDUCT OF BUSINESS AT PLENARY MEETINGS Rule 49 Formal proposals relating to items of the agenda may be introduced at plenary meetings up to the date on which all items of the agenda have been allocated to committees or until fourteen days after the opening of the session, whichever date is the earlier. Rule 50 All such proposals shall be referred to the committee to which the item of the agenda has been allocated. Thereafter all proposals relating to items of the agenda must be introduced in the first instance in the committee concerned or in an appropriate sub-committee thereof. Rule 51 Resolutions, amendments and substantive motions shall normally be introduced in writing and handed to the Director-General, who shall circulate copies to the delegations. As a general rule, no proposal shall be discussed or put to the vote at any meeting of the Health Assembly unless copies of it have been circulated to all delegations not later than the day preceding the meeting. The President may, however, permit the discussion and consideration of such resolutions, amendments or RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 111 substantive motions even though they have not been circulated or have only been circulated the same day. Rule 52 The reports of all committees established to consider items of the agenda shall, before being submitted to a plenary meeting, be referred to the General Committee, or to a drafting committee appointed by it, for co-ordinating. Such reports, including draft resolutions, shall, after being examined by the General Committee, be distributed, in so far as practicable, at least twenty-four hours in advance of the plenary meeting at which they are to be considered, unless the General Com- mittee decides, on procedural grounds, to refer the report or the draft for re-examination to the competent committee. Such reports, includ- ing draft resolutions annexed thereto, shall not be read aloud in the plenary meeting unless the President decides otherwise. Rule 53 A majority of the Members represented at the session shall constitute a quorum for the conduct of business at plenary meetings of the Health Assembly. Rule 54 No delegate may address the Health Assembly without having previously obtained the permission of the President. The President shall call upon speakers in the order in which they signify their desire to speak. The President may call a speaker to order if his remarks are not relevant to the subject under discussion. Rule 55 The Director-General or a member of the Secretariat designated by him may at any time make either oral or written statements to the Health Assembly or to any of its committees or subdivisions concerning any question under consideration. Rule 56 The Health Assembly may limit the time allowed to each speaker. Rule 57 During the discussion of any matter a delegate or a representative of an Associate Member may rise to a point of order and the point of 112 BASIC DOCUMENTS order shall be immediately decided by the President. A delegate or a representative of an Associate Member may appeal against the ruling of the President, in which case the appeal shall immediately be put to the vote. A delegate or a representative of an Associate Member rising to a point of order may not speak on the substance of the matter under discussion, but on the point of order only. Rule 58 During the course of a debate the President may announce the list of speakers and, with the consent of the Health Assembly, declare the list closed. He may, however, accord the right of reply to any member if in his opinion a speech delivered after he has declared the list closed makes this desirable. Rule 59 During the discussion of any matter, a delegate or a representative of an Associate Member may move the suspension or the adjournment of the meeting. Such motions shall not be debated, but shall imme- diately be put to a vote. For the purpose of these Rules " suspension of the meeting " means the temporary postponement of the business of the meeting and " adjournment of the meeting " the termination of all business until another meeting is called. Rule 60 During the discussion of any matter a delegate or a representative of an Associate Member may move the adjournment of the debate on the item under discussion. In addition to the proposer of the motion, one speaker may speak in favour of, and one against, the motion, after which the motion to adjourn the debate shall be immediately put to the vote. Rule 61 A delegate or a representative of an Associate Member may at any time move the closure of the debate on the item under discussion whether or not any other delegate or representative of an Associate Member has signified his wish to speak. If request is made for permission to speak against closure, it may be accorded to not more than two speakers, after which the motion shall be immediately put to the vote. If the Health Assembly decides in favour of closure, the RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 113 President shall declare the debate closed. The Health Assembly shall thereafter vote only on the one or more proposals moved before the closure. Rule 62 The following motions shall have precedence in the following order over all other proposals or motions before the meeting, except a point of order: (a) to suspend the meeting; (b) to adjourn the meeting; (c) to adjourn the debate on the item under discussion; and (d) for the closure of the debate on the item under discussion. Rule 63 Subject to Rule 62, any motion calling for a decision on the com- petence of the Health Assembly to adopt a proposal submitted to it shall be put to the vote before a vote is taken on the proposal in question. Rule 64 A delegate or a representative of an Associate Member may move that parts of a proposal or of an amendment shall be voted on separately. If objection is made to the request for division, the motion for division shall be voted upon. Permission to speak on the motion for division shall be given only to two speakers in favour and two speakers against. If the motion for division is carried, those parts of the proposal or of the amendment which are subsequently approved shall be put to the vote as a whole. If all operative parts of the proposal or the amendment have been rejected, the proposal or the amendment shall be considered to have been rejected as a whole. Rule 65 When an amendment to a proposal is moved, the amendment shall be voted on first. When two or more amendments to a proposal are moved, the Health Assembly shall first vote on the amendment deemed by the President to be furthest removed in substance from the original proposal, and then on the amendment next removed therefrom, and so on, until all the amendments have been put to the vote. Where, however, the adoption of one amendment necessarily implies the rejection of another amendment, the latter amendment shall not be 114 BASIC DOCUMENTS put to the vote. If one or more amendments are adopted, the amended proposal shall then be voted upon. If an amendment to a proposal has been accepted by the original proposer, such an amendment shall be deemed to be an integral part of the original proposal and no separate vote shall be required thereon. A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of that proposal. A motion which constitutes a substitution for a proposal shall be considered as a proposal. Rule 66 If two or more proposals are moved, the Health Assembly shall first vote on the proposal deemed by the President to be furthest removed in substance from the proposal first presented and then on the proposal next removed therefrom, and so on, until all the proposals have been put to the vote, unless the result of a vote on a proposal makes unnecessary any other voting on the proposal or proposals still outstanding. Rule 67 A motion may be withdrawn by its proposer at any time before voting on it has commenced, provided that the motion has not been amended or, if amended, that the proposer of the amendment agrees to the withdrawal. A motion thus withdrawn may be reintroduced by any delegate. Rule 68 When a proposal has been adopted or rejected, it may not be recon- sidered at the same session unless the Health Assembly, by a two-thirds majority of the Members present and voting, so decides. Permission to speak on a motion to reconsider shall be accorded only to two speakers opposing the motion, after which it shall immediately be put to a vote. The correction of a clerical or arithmetical error in any document concerning a proposal which has already been adopted shall not be considered as requiring the reopening of the debate on such proposal by a two-thirds majority vote. VOTING IN PLENARY MEETINGS Rule 69 Each Member shall have one vote in the Health Assembly. For the purposes of these Rules, the phrase " Members present and voting " RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 115 means Members casting a valid affirmative or negative vote. Members abstaining from voting are considered as not voting. Rule 70 Decisions by the Health Assembly on important questions shall be made by a two-thirds majority of the Members present and voting. These questions shall include : the adoption of conventions or agree- ments; the approval of agreements bringing the Organization into relation with the United Nations and with intergovernmental organiza- tions and agencies in accordance with Articles 69, 70 and 72 of the Constitution; amendments to the Constitution; and decisions on the amount of the effective working budget. Rule 71 Except as stipulated otherwise in these Rules, decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the Members present and voting. Rule 72 The Health Assembly shall normally vote by show of hands, except that any delegate may request a roll-call, which shall then be taken in the English or French alphabetical order of the names of the Mem- bers, in alternate years. The name of the Member to vote first shall be determined by lot. Rule 73 The vote of each Member participating in any roll-call shall be inserted in the record of the meeting. Rule 74 After the President has announced the beginning of voting, no delegate shall interrupt the voting except on a point of order in connexion with the actual conduct of voting. Rule 75 In addition to the cases provided for elsewhere by these Rules, the Health Assembly may vote on any matter by secret ballot if it has previously so decided by a majority of the Members present and voting, provided that no secret ballot may be taken on budgetary questions. 116 BASIC DOCUMENTS A decision under this Rule by the Health Assembly whether or not to vote by secret ballot may only be taken by a show of hands; if the Assembly has decided to vote on a particular question by secret ballot, no other mode of voting may be requested or decided upon. Rule 76 When the Health Assembly votes by secret ballot, the ballot itself and the check of the number of ballot papers shall take place in plenary meeting. Unless the Health Assembly determines otherwise the count- ing of votes shall take place in a separate room to which delegations shall have access. This counting shall take place under the super- vision of the President or of one of the Vice-Presidents of the Health Assembly. The Health Assembly may proceed with its work during the period before the results of the ballot can be announced. Rule 77 Elections shall normally be held by secret ballot;l subject to the pro- visions of Rules 101 and 108, if the number of candidates for elective office does not exceed the number of offices to be filled, no ballot shall be required and such candidates shall be declared elected. Where ballots are required two tellers appointed by the President from among the members of the delegations present shall assist in the counting of votes. Rule 78 When only one person or Member is to be elected and no candidate obtains in the first ballot the majority required, a second ballot shall be taken which shall be restricted to the two candidates obtaining the largest number of votes. If in the second ballot the votes are equally divided, the President shall decide between the candidates by drawing lots. Rule 79 When two or more elective places are to be filled at one time under the same conditions, those candidates obtaining in the first ballot the majority required shall be elected. If the number of candidates obtain- ing such majority is less than the number of persons or Members to be elected, there shall be additional ballots to fill the remaining places, the ballots being restricted to the candidates obtaining the greatest 1 For Guiding Principles for the Conduct of Elections by Secret Ballot, see p. 126. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 117 number of votes in the previous ballot to a number not more than twice the places remaining to be filled; provided that, after the third inconclusive ballot, votes may be cast for any eligible person or Member. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the candidates who obtained the greatest number of votes in the third of the unrestricted ballots, to a number not more than twice the places remaining to be filled, and the following three ballots thereafter shall be unrestricted, and so on until all the places have been filled. Rule 80 In an election each Member, unless he abstains, shall vote for that number of candidates equal to the number of elective places to be filled. Any ballot paper on which there are more or fewer names than there are elective places to be filled shall be null and void. Rule 81 If during an election one or more elective places cannot be filled by reason of an equal number of votes having been obtained by two or more candidates, a ballot shall be held among such candidates to determine which of them will be elected. This procedure may be repeated if necessary. If the votes are equally divided on a matter other than an election, the proposal shall be regarded as not adopted. CoNDUCT OF BUSINESS AND VOTING IN COMMITTEFS AND SUB-CoMMITTEE.S Rule 82 Subject to any decision of the Health Assembly the procedure govern- ing the conduct of business and voting by committees shall conform as far as practicable to the Rules relative to the conduct of business and voting in plenary meetings. One-third of the members of a com- mittee shall constitute a quorum. The presence of a majority of a committee shall, however, be required for a question to be put to a vote. Rule 83 The chairman of each sub-committee shall apply the Rules applicable to committees to the work of such sub-committee only in so far as he considers it advisable with a view to expediting the dispatch of business. 118 BASIC DOCUMENTS LANGUAGES 1 Rule 84 Arabic, Chinese, English, French, Russian and Spanish shall be the official languages, and English and French the working languages, of the Health Assembly. Rule 85 Speeches made in either of the working languages shall be inter- preted into the other working language and Russian and Spanish. Speeches made in Russian or Spanish shall be interpreted into both working languages and into Spanish or Russian. Rule 86 Speeches made in the official languages other than English, French, Russian or Spanish shall be interpreted into both working languages and into Russian and Spanish. Rule 87 Any delegate or any representative of an Associate Member or any representative of the Board may speak in a language other than the official languages. In this case, he shall himself provide for inter- pretation into one of the working languages. Interpretation into the other working language by an interpreter of the Secretariat may be based on the interpretation given in the first working language. Rule 88 Verbatim and summary records and the Journal of the Health Assembly shall be drawn up in the working languages. Rule 89 All resolutions, recommendations and other formal decisions of the Health Assembly shall be made available in the working languages and in Russian and Spanish. 1 The Twentieth World Health Assembly, in resolution WHA20.21, decided to adopt Russian and Spanish as working languages of the Health Assembly and the Executive Board - the implementa• lion of the plan presented by the Director-General (Off. Ree. W1d Hlth Org., 160, Annex 7, paras 9.1· 9.3) to be carried out in stages, beginning at the Twenty.first World Health Assembly in 1968. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 119 RECORDS OF THE HEALTH AsSEMBLY Rule 90 Verbatim records of all plenary meetings and summary records of the meetings of the General Committee and of committees and sub- committees shall be made by the Secretariat. Unless otherwise expressly decided by the committee concerned, no record shall be made of the proceedings of the Committee on Nominations or of the Committee on Credentials other than the report presented by the Committee to the Health Assembly. Rule 91 The summary records referred to in Rule 90 shall be sent as soon as possible to delegations, to representatives of Associate Members and to the representatives of the Board, who shall inform the Secre- tariat in writing not later than forty-eight hours thereafter of any corrections they wish to have made. Rule 92 As soon as possible after the close of each session, copies of all verbatim and summary records, resolutions, recommendations and other formal decisions adopted by the Health Assembly shall be trans- mitted by the Director-General to Members and Associate Members, to the United Nations and to all specialized agencies with which the Organization has entered into effective relations. The records of private meetings shall be transmitted to the participants only. Rule 93 Verbatim and summary records of public meetings and the reports of all committees and sub-committees shall be published in the Official Records of the Organization. Rule 94 The Director-General shall issue for the convenience of participating delegations and organizations, in the form of a daily Journal of the session, such summary account of the proceedings of plenary meetings, committees and sub-committees as he may consider practicable. 120 BASIC DOCUMENTS BUDGET AND FINANCE Rule 95 The Health Assembly shall, at each regular session, (a) adopt the budget authorizing expenditure for the next financial year after consideration of the Director-General's budget esti- mates and the Board's recommendations thereon; (b) consider and approve supplementary estimates for the current financial year if and as necessary; (c) examine the report of the auditor on the annual accounts of receipts and expenditures for the preceding financial year and take such action thereon as may be appropriate; (d) consider the report of the Director-General on the payment of Members' and Associate Members' contributions; Rule 96 No proposal for a review of the apportionment of the contribution among Members and Associate Members for the time being in force shall be placed on the agenda unless it has been communicated to Members and Associate Members at least ninety days before the opening of the session, or unless the Board has recommended such review. Rule 97 Except in so far as there is an express provision to the contrary in the Financial Regulations, the procedure for the consideration of financial matters shall be governed by these Rules. EXECUTIVE BOARD Rule 98 At each regular session of the Health Assembly, the Members entitled to designate persons to serve on the Board shall be elected in accord- ance with Articles 18 (b), 24 and 25 of the Constitution. Rule 99 At the commencement of each regular session of the Health Assembly the President shall request Members desirous of putting forward sug- gestions regarding the annual election of those Members to be entitled RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 121 to designate a person to serve on the Board to place their suggestions before the General Committee. Such suggestions shall reach the Chair- man of the General Committee not later than forty-eight hours after the President has made the announcement in accordance with this Rule. Rule 100 The General Committee, having regard to the provisions of Chapter VI of the Constitution, to Rule 98 and to the suggestions placed before it by Members, shall nominate, and draw up a list of twelve Members, and this list shall be transmitted to the Health Assem- bly at least twenty-four hours before the Health Assembly convenes for the purpose of the annual election of eight Members to be entitled to designate a person to serve on the Board. The General Committee shall recommend in such list to the Health Assembly the eight Members which, in the Committee's opinion, would provide, if elected, a balanced distribution of the Board as a whole. Rule 101 The Health Assembly shall elect by secret ballot from among the Members nominated in accordance with the provisions of Rule 100 the eight Members to be entitled to designate persons to serve on the Board. Those candidates obtaining the majority required shall be elected. If after five such ballots one or more seats remain to be filled no further ballot shall be taken and the General Committee shall be requested to submit nominations for candidates for the seats remaining to be filled, in accordance with Rule 100, the number of candidates so nominated not exceeding twice the number of seats remaining to be filled. Additional ballots shall be taken for the seats remaining to be filled and those candidates obtaining the majority required shall be elected. If after three such ballots one or more seats remain to be filled, the candidate obtaining in the third ballot the least number of votes shall be eliminated and a further ballot taken and so on until all the seats have been filled. In any ballots taken under the provisions of this Rule no nominations other than those made in accordance with the provisions of Rule l 00 and this Rule shall be considered. Rule 102 Should a Member, entitled by a previous election to designate a person to serve on the Board, for any reason surrender such right before 122 BASIC DOCUMENTS the expiration of the term for which elected, or under the provisions of Rule 105 have forfeited such right, the Health Assembly, at a regular session, shall elect another Member to be entitled to designate a person for the remainder of the period to which the Member having so sur- rendered or forfeited its right would otherwise have been entitled. Such election shall, mutatis mutandis, be subject to Rules 80, 81 and 99 to 101, provided that not more than twice the number of candidates for the number of seats vacant shall be nominated and provided that such elections shall precede the annual election of the eight Members entitled to designate a person to serve on the Board in accordance with Rule 98. Rule 103 The term of office of each Member entitled to designate a person to serve on the Board shall begin immediately after the closing of the session of the Health Assembly at which the Member concerned is elected and shall end immediately after the closing of the session of the Health Assembly during which the Member is replaced. Rule 104 When a person designated to serve on the Board is prevented from attending a meeting of the Board, the Member concerned may designate an alternate to serve in his place for such a meeting, with the same status as the person in whose place he is serving. Rule 105 Should the person designated by any Member to serve on the Board, in accordance with the provisions of Rules 98 and 104, fail to attend two consecutive sessions of the Board, that fact shall be reported by the Director-General to the next session of the Health Assembly and, unless the Health Assembly decide otherwise, that Member shall be deemed to have forfeited its right to designate a person to serve on the Board. THE DIRECTOR-GENERAL Rule 106 In pursuance of Article 31 of the Constitution, the Director-General shall be appointed by the Health Assembly on the nomination of the Board and on such terms as the Health Assembly may determine, subject to the provisions of Rules 107 to llO inclusive. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 123 Rule 107 Whenever the office of Director-General is vacant or notice is received of a pending vacancy, the Board shall, at its next meeting, make a nomination which shall be submitted to the next session of the Health Assembly. It shall submit at the same time a draft contract estab- lishing the terms and conditions of appointment, salary and other emoluments attached to the office. Rule 108 The Health Assembly shall consider the Board's nomination at a private meeting and shall come to a decision by secret ballot. Rule 109 Should the Health Assembly reject the Board's nomination, the Board shall submit a fresh proposal as soon as circumstances permit, with due regard to the desirability of disposing of the matter before the conclusion of the relevant session of the Health Assembly. Rule 110 The contract of appointment shall be approved by the Health Assembly and shall be signed jointly by the Director-General and by the President of the Health Assembly acting in the name of the Organization. Rule 111 In any case where the Director-General is unable to perform the functions of his office, or in the case of a vacancy in such office, the senior officer of the Secretariat shall serve as Acting Director-General, subject to any decision by the Board. Rule 112 In addition to exercising the functions conferred upon him by the Constitution as chief technical and administrative officer of the Organiza- tion, the Director-General, subject to the authority of the Board, shall perform such duties as are specified elsewhere in these Rules and in the Financial Regulations and Staff Regulations and as may be assigned to him by the Health Assembly or by the Board. 124 BASIC DOCUMENTS ADMISSION OF MEMBERS AND AssOCIATE MEMBERS Rule 113 Applications made by a State for admission to membership or applications made by a Member or other authority having the responsib- ility for the international relations of a territory or group of territories on behalf of such territory or group of territories for admission to associate membership in the Organization shall, in pursuance of Articles 6 and 8 of the Constitution, be addressed to the Director- General and shall be transmitted immediately by him to Members. Any such application shall be placed on the agenda of the next session of the Health Assembly provided the application reaches the Director-General at least thirty days before the opening of such session. An application for membership made by a State formerly an Associate Member may be received at any time by the Health Assembly. Rule 114 The approval by the Health Assembly of any request for membership shall be immediately communicated to the State which has submitted it. Such State, in accordance with Article 79 of the Constitution, may then deposit with the Secretary-General of the United Nations a formal instrument of acceptance of the Constitution and shall become a Member from the date of such deposit. Rule 115 The approval by the Health Assembly of any request for associate membership by a Member or other authority having responsibility for the international relations of a territory or group of territories on behalf of such territory or group of territories shall be communicated immediately to the Member or other authority which has submitted the request. Such Member or other authority shall give notice to the Organization of acceptance on behalf of the Associate Member of asso- ciate membership. The territory or group of territories shall become an Associate Member from the date on which such notice is received. Rule 116 A Member or other authority responsible for the international rela- tions of an Associate Member, who gives notice of acceptance on behalf of such Associate Member under Rule 115, shall include in such notice a statement that the Member or other authority assumes the responsi- bility for ensuring the application of Articles 66 to 68 of the Constitu- tion with regard to that Associate Member. RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 125 AMENDMENT OF THE CoNSTITUTION Rule 117 In pursuance of Article 73 of the Constitution, the texts of proposed amendments to the Constitution shall be communicated to the Director- General in such time as will permit of the transmission of copies thereof by the Director-General to Members not later than six months before the opening day of the session of the Health Assembly at which they are intended to be considered. Rule 118 Members accepting amendments adopted by the Health Assembly in accordance with Article 73 of the Constitution shall effect their acceptance by depositing a formal instrument with the Secretary- General of the United Nations. AMENDMENT AND SUSPENSION OF RULES OF PROCEDURE Rule 119 Amendments of, or additions to, these Rules may be adopted at any plenary meeting of the Health Assembly, provided that the Health Assembly has received and considered a report thereon by an appro- priate committee. Rule 120 Subject to the prov1s10ns of the Constitution, any of these Rules may be suspended at any plenary meeting of the Health Assembly, provided that notice of the intention to propose suspension has been communicated to delegations not less than twenty-four hours before the meeting at which the proposal is to be made. 9 126 BASIC DOCUMENTS Guiding Principles for the Conduct of Elections by Secret Ballot 1. Before voting begins, the President shall hand to the two tellers appointed by him the list of Members entitled to vote and the list of candidates. For the elections of Members entitled to designate persons to serve on the Executive Board or of the Director-General, the list of candidates shall include only those nominations submitted to the World Health Assembly in accordance with the procedure laid down in Rules 100 and 108 respectively of the Rules of Procedure of the World Health Assembly. 2. The Secretariat shall distribute a ballot paper to each delegation. Every ballot paper shall be of the same size and colour without distinguishing marks. 3. The tellers shall satisfy themselves that the ballot box is empty and, having locked it, shall hand the key to the President. 4. Members shall be called in turn to vote in the required alphabetical order of their names,1 beginning with the name of a Member which shall have been drawn by lot. The call shall be made in English, French, Russian and Spanish. S. The secretary of the meeting and the tellers shall record each Member's vote by marking the margin of the list of Members entitled to vote opposite to the name of the Member in question. 6. At the conclusion of the calling of Members, the President shall ensure that all the Members present and entitled to vote have been called. He shall then declare the voting closed and announce that the votes are to be counted. 7. When the ballot box has been opened, the tellers shall count the number of ballot papers. If the number is not equal to that of the voters, the President shall declare the vote invalid and another ballot shall be held. 8. Where the counting of votes takes place outside the Assembly Hall, the ballot papers shall be returned to the ballot box which shall be taken by the tellers to the room where the votes are to be counted. 9. One of the tellers shall then read aloud the names which are on the ballot paper. The number of votes obtained by each of the candidates mentioned shall be written opposite their names by the other teller on a document drawn up for this purpose. 10. A ballot paper on which no names are written or which bears the word" abs- tention " shall be considered as signifying an abstention. 11. The following shall be considered null and void : (a) ballot papers on which there are more or fewer names than there are elec- tive places to be filled or on which the name of any candidate appears more than once; (b) ballot papers in which the voters have revealed their identity, in parti- cular by apposing their signature or mentioning the name of the Member they represent; 1 Under Rule 72 of the Rules of Procedure of the World Health Assembly (see p. IIS). RULES OF PROCEDURE OF THE HEALTH ASSEMBLY 127 (c) where the Rules of Procedure so require, ballot papers bearing the names of candidates other than those nominated in accordance with the provisions of those Rules; 12. When the counting of the votes is completed, the tellers shall indicate the results in a document drawn up for this purpose, which they shall sign and hand to the President. The latter, in plenary meeting, shall announce the results in the following order : number of Members entitled to vote; number absent; number of abstentions; number of ballot papers null and void; number of Members present and voting; number required for a majority; names of candidates and the number of votes secured by each of them, in descending order of the number of votes. 13. For the purposes of these provisions, the following definitions shall apply : (a) " Absent " - Members entitled to vote but whose representatives are not present at the meeting at which the secret ballot takes place; (b) " Number of Members present and voting" - the difference between the number of Members with the right to vote and the total number of absentees, abstentions and invalid ballot papers. 14. The President shall declare elected candidates who have obtained the required majority. 15. The list signed by the tellers and on which the results of the vote have been recorded shall constitute the official record of the count of the ballot and shall be retained in the Organization's files. The ballot paper~ shall be destroyed immediately after the declaration of the results of the ballot. RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF THE WORLD HEALTH ORGANIZATIONl MEMBERSHIP AND A TIENDANCB Rule I The Executive Board (hereinafter referred to as the " Board ") shall, in accordance with Chapter VI of the Constitution of the World Health Organization (hereinafter referred to as the " Organization ") and Rules 98-105 of the Rules of Procedure of the World Health Assembly (hereinafter referred to as the " Health Assembly ") consist of and be attended by the persons (hereinafter referred to as the " members ") duly designated to serve on the Board. Rule 2 Each State Member entitled to designate a person to serve on the Board shall inform the Director-General in writing of the names of the person designated and of any alternate and adviser. The Director- General shall similarly be informed of any change in such designation. Rule 3 If any matter of particular concern to a State Member or to an Associate Member or to a non-Member State is to be discussed at any meeting of the Board, the Director-General shall give adequate notice thereof to the State or Associate Member concerned so as to enable that State or Associate Member, if it so desires, to designate a representative who shall have the right to participate without vote in the deliberations thereon : in such cases the cost of representation shall be borne by that State or Associate Member. Rule 4 Subject to the terms of any relevant agreement, representatives of the United Nations and of other intergovernmental organizations with which the Organization has established effective relations under Article 70 of the Constitution may participate without vote in the deliberations of meetings of the Board and its committees. Such 1 Text adopted by the Executive Board at its seventeenth session (resolution EB17.R63) and amended at its twentieth, twenty-first, twenty-second, twenty-eiahth, thirty-first and thirty-seventh sessions (resolu- tions EB20.R24, EB21.R52, EB22.RII, EB28.R21, EB31.RIS and EB37.R24). - 128 - RULES OF PROCEDURE OF THE EXECUTIVE BOARD 129 representatives may also attend and participate without vote in the deliberations of the meetings of sub-committees or other subdivisions if so invited. Representatives of non-governmental organizations in official rela- tions with the Organization may participate in the deliberations of the Board as is provided for participation in the Health Assembly in the "Working Principles Governing the Admission of Non-governmental Organizations into Official Relations with WHO ".l SESSIONS Rule 5 The Board shall hold at least two sessions a year. It shall determine at each session the time and place of its next session. Notices convening the Board shall be sent by the Director-General, six weeks before the commencement of a regular session, to the members of the Board, to States Members and Associate Members and to the organizations referred to in Rule 4 invited to be represented at the session. Rule 6 The Director-General shall also convene the Board at the joint request of any eight members, addressed to him in writing and stating the reason for the request. In this case the Board shall be convened within thirty days following receipt of the request and the session shall be held at headquarters unless the Director-General, in consultation with the Chairman, determines otherwise. The agenda of such a session shall be limited to the questions having necessitated that session. If events occur requiring immediate action under Article 28 (i) of the Constitution the Director-General may, in consultation with the Chairman, convene the Board in a special session and shall fix the date and determine the place of the session. Rule 7 The meetings of the Board shall be held in public unless the Board decides otherwise. AGENDA Rule 8 The provisional agenda of each session shall be drawn up by the Director-General in consultation with the Chairman. It shall be dispatched with the notice of convocation to be sent in accordance with Rule 5 or Rule 6, as the case may be. 1 See p. 67. 130 BASIC DOCUMENTS Rule 9 Except in the case of sessions convened under Rule 6 the provisional agenda of each session shall include, inter a/ia : (a) all items the inclusion of which has been ordered by the Health Assembly; (b) all items the inclusion of which has been ordered by the Board at a previous session; (c) any item proposed by a State Member or Associate Member of the Organization; (d) any item proposed by a member of the Board; (e) subject to such preliminary consultation as may be necessary between the Director-General and the Secretary-General of the United Nations, any item proposed by the United Nations; (!) any item proposed by any specialized agency with which the Organization has entered into effective relations; and (g) any item proposed by the Director-General. Any proposal for the inclusion on the agenda of any item under (c), (d), (e) and (/) shall reach the Director-General not later than eight weeks before the commencement of the session. Rule JO Except in the case of special sessions convened under Rule 6, the Director-General may, in consultation with the Chairman, include any question suitable for the agenda which may arise between the dispatch of the provisional agenda and the opening day of the session in a sup- plementary agenda which the Board shall examine together with the provisional agenda. Rule 11 The Board shall not proceed, unless it determines otherwise, to the discussion of any item on the agenda until at least forty-eight hours have elapsed after the relevant documents have been made available to the members. OFFICERS OF THB BOARD Rule 12 The Board shall elect its officers, viz. a Chairman and two Vice- Chairmen, from among its members each year at its first session after the Health Assembly. The officers shall hold office until their succes- RULES OF PROCEDURE OF THE EXECUTIVE BOARD 131 sors are elected. The Chairman shall not become eligible for re-election until two years have elapsed since he ceased to hold office. Rule 13 In addition to exercising such powers as are conferred upon him elsewhere by these Rules, the Chairman shall declare the opening and closing of each meeting of the Board, shall direct the discussions, accord the right to speak, put questions, announce decisions and ensure the application of these rules. The Chairman shall accord to speakers the right to speak in the order of their requests. He may call to order any speaker whose remarks are irrelevant to the subject under discussion. Rule 14 If the Chairman is absent from a meeting or any part thereof, he shall designate one of the Vice-Chairmen to preside. The same pro- cedure shall be followed when the Chairman is unable to attend a session of the Board. If the Chairman is unable to make this designation, the Board shall elect one of the Vice-Chairmen to preside during the session or meeting. Rule 15 If the Chairman for any reason is unable to complete his term of office, the Board shall elect a new Chairman for the remaining period of his term. If the Chairman is unable to act in between sessions, one of the vice-chairmen shall act in his place. The order in which the vice- chairmen shall be requested to serve shall be determined by lot at the session at which the election takes place. COMMITIEES OF THE BOARD Rule 16 The Board may establish such committees as it may deem necessary for the study of, and report on, any item on its agenda. The Board shall review from time to time, and in any case once a year, the need to maintain any committee established under its authority. SECRETARIAT Rule 17 The Director-General shall be ex officio Secretary of the Board and of any subdivision thereof. He may delegate these functions. 132 BASIC DOCUMENTS Rule 18 The Director-General shall report to the Board on the technical, administrative and financial implications, if any, of all agenda items submitted to the Board. Rule 19 The Director-General or a member of the Secretariat designated by him may at any time make either oral or written statements concern- ing any question under consideration. Rule 20 The Secretariat shall prepare summary records of the meetings. These summary records shall be prepared in both working languages and shall be distributed to the members as soon as possible after the close of the meetings to which they relate. Members shall inform the Secretariat in writing of any corrections they wish to have made, within such period of time as shall be indicated by the Director-General, having regard to the circumstances. Rule 21 All resolutions, recommendations and other formal decisions, as well as the summary records of the Board and of its subdivisions, shall be communicated by the Director-General to the members of the Board and to all States Members and Associate Members of the Organization. LANGUAGES 1 Rule 22 Chinese, English, French, Russian and Spanish shall be the official languages, and English and French the working languages of the Board. Rule 23 Speeches made in either of the working languages shall be inter- preted into the other working language and Russian and Spanish. Speeches made in Russian or Spanish shall be interpreted into both working languages and into Spanish or Russian. 1 The Twentieth World Health Assembly, in resolution WHA20.21, decided to adopt Russian and Spanish as working languages of the Health Assembly and the Executive Board - the imple- mentation of the plan presented by the Director-General (Off. Ree. Wld Hlth Org., 160, Annex 7, paras 9.1-9.3) to be carried out in stages, beginning at the Twenty-first World Health Assembly in 1968. RULES OF PROCEDURE OF THE EXECUTIVE BOARD 133 Rule 24 Speeches made in the official languages other than English, French, Russian and Spanish shall be interpreted into both working languages and into Russian and Spanish. Rule 25 Any member, or representative of a State Member or of an Associate Member, or of an invited non-Member State may speak in a language other than the official languages. In this case he shall himself provide for interpretation into one of the working languages. Interpretation into the other working language by an interpreter of the Secretariat may be based on the interpretation given in the first working language. Rule 26 All resolutions, recommendations and other formal decisions of the Board shall be made available in both working languages and in Russian and Spanish. CoNDUCT OF BUSINESS Rule 27 Two-thirds of the members of the Board shall constitute a quorum. Rule 28 A member may at any time request his alternate designated in accordance with Article 24 of the Constitution to speak and vote on his behalf on any question. Moreover, upon the request of the member or his alternate, the Chairman may allow an adviser to speak on any particular point and, in the absence of the member or his alternate, if so requested in writing by the member or his alternate, to speak and vote on any question. Rule 29 The Board may limit the time allowed to each speaker. Rule 30 During the discussion of any matter, a member may rise to a point of order, and the point of order shall be immediately decided by the 134 BASIC DOCUMENTS Chairman. A member may appeal against the ruling of the Chairman, in which case the appeal shall immediately be put to the vote. A member rising to a point of order may not speak on the substance of the matter under discussion but on the point of order only. Rule 31 During the course of a debate the Chairman may announce the list of speakers and, with the consent of the Board, declare the list closed. He may, however, accord the right of reply to any member if in his opinion a speech delivered after he has declared the list closed makes it desirable. Rule 32 The following motions shall have precedence in the following order over all other proposals or motions before the meeting, except a point of order: (a) to suspend the meeting; (b) to adjourn the meeting; (c) to adjourn the debate on the item under discussion; and (d) for the closure of the debate on the item under discussion. Rule 33 Subject to Rule 32, any motion calling for a decision on the compe- tence of the Board to adopt a proposal submitted to it shall be put to the vote before a vote is taken on the proposal in question. Rule 34 During the discussion on any matter, a member may move the suspension or the adjournment of the meeting. Such motions shall not be debated, but shall immediately be put to a vote. For the purpose of these Rules " suspension of the meeting " means the temporary cessation of the business of the meeting and " adjourn- ment of the meeting " the termination of all business until another meeting is called. Rule 35 During the discussion of any matter, a member may move the adjournment of the debate on the item under discussion. In addition RULES OF PROCEDURE OF THE EXECUTIVE BOARD 135 to the proposer of the motion, one speaker may speak in favour of, and one against, the motion, after which the motion to adjourn the debate shall be immediately put to the vote. Rule 36 A member may at any time move the closure of the debate on the item under discussion whether or not any other member has signified his wish to speak. If request is made for permission to speak against closure, it may be accorded to not more than two speakers, after which the motion shall be immediately put to the vote. If the Board decides in favour of closure the Chairman shall declare the debate closed. The Board shall thereafter vote only on the one or more proposals moved before the closure. Rule 37 A member may move that parts of a proposal or of an amendment shall be voted on separately. If objection is made to the motion for division, the motion for division shall be voted upon. Permission to speak on the motion for division shall be given only to two speakers in favour and two speakers against. If the motion for division is carried, those parts of the proposal or of the amendment which are separately approved shall subsequently be put to the vote as a whole. If all operative parts of the proposal or the amendment have been rejected, the proposal or the amendment shall be considered to have been rejected as a whole. Rule 38 When an amendment to a proposal is moved, the amendment shall be voted on first. When two or more amendments are moved to a proposal, the Board shall first vote on the amendment deemed by the Chairman to be furthest removed in substance from the original pro- posal and then on the amendment next removed therefrom, and so on, until all the amendments have been put to the vote. Where, however, the adoption of one amendment necessarily implies the rejection of another amendment, the latter amendment shall not be put to the vote. If one or more amendments are adopted the amended proposal shall then be voted upon. A motion is considered an amendment to a proposal, if it merely adds to, deletes from, or revises part of that proposal. A motion which constitutes a substitution for a proposal shall be considered as a proposal. 136 BASIC DOCUMENTS Rule 39 If two or more proposals are moved, the Board shall first vote on the proposal deemed by the Chairman to be furthest removed in sub- stance from the proposal first presented and then on the proposal next removed therefrom, and so on, until all the proposals have been put to the vote, unless the result of a vote on a proposal makes unneces- sary any other voting on the proposal or proposals still outstanding. Rule 40 A motion may be withdrawn by its proposer at any time before voting on it has commenced, provided that the motion has not been amended or, if amended, that the proposer of the amendment agrees to the with- drawal. A motion thus withdrawn may be reintroduced by any member. Rule 41 When a proposal has been adopted or rejected it may not be recon- sidered at the same session unless the Board, by a two-thirds majority of the members present and voting, so decides. Permission to speak on a motion to reconsider shall be accorded only to two speakers opposing the motion, after which it shall be immediately put to the vote. Rule 42 The Chairman may at any time require any proposal, motion, resolution, or amendment to be seconded. VOTING Rule 43 Each member of the Board shall have one vote. For the purpose of these Rules, the phrase " members present and voting " means members casting a valid affirmative or negative vote. Members abstain- ing from voting shall be considered as not voting. Rule 441 Except as otherwise provided by the Constitution of the Organization, or decided by the Health Assembly, or laid down in these Rules, the 1 The Executive Board, at its twenty-third session (resolution EB23.R47), concluded that : " without having to proceed to the amendment of Rule 43 [now Rule 44) of its Rules of Procedure, decisions relating to the effective working budget shall be taken by a two-thirds majority vote ". RULES OF PROCEDURE OF THE EXECUTIVE BOARD 137 decisions of the Board shall be made by a majority of the members present and voting. Rule 45 If the votes are equally divided on a matter other than an election the proposal shall be regarded as not adopted. Rule 46 The Board shall normally vote by show of hands, except that any member may request a roll-call which shall then be taken in the alpha- betical order of the names of the members. The name of the member to vote first shall be determined by lot. Rule 47 The vote of each member participating in any roll-call shall be inserted in the records. Rule 48 After the Chairman has announced the beginning of voting, no member shall interrupt the voting except on a point of order in connexion with the actual conduct of voting. Rule 49 Elections shall normally be held by secret ballot. However, except as concerns the nomination of the Director-General, if the number of candidates for elective office does not exceed the number of offices to be filled, no ballot shall be required and such candidates shall be declared elected. Where ballots are required, two tellers appointed by the Chairman from among the members present shall assist in the counting of votes. The nomination of the Director-General shall be decided by secret ballot in accordance with Rule 53. · Rule 50 In addition to the cases provided for elsewhere by these Rules the Board may vote on any matter by secret ballot if it has previously so decided by a majority of the members present and voting, provided that no secret ballot may be taken on budgetary questions. A decision under this rule by the Board whether or not to vote by secret ballot may only be taken by a show of hands; if the Board has decided to vote on a particular question by secret ballot, no other mode of voting may be requested or decided upon. 138 BASIC DOCUMENTS Rule 51 Subject to the provisions of Rule 53, when only one elective place is to be filled and no candidate obtains in the first ballot the majority required, a second ballot shall be taken which shall be restricted to the two candidates obtaining the largest number of votes; if in the second ballot the votes are equally divided, the Chairman shall decide between the candidates by drawing lots. Rule 52 When two or more elective places are to be filled at one time under the same conditions, those candidates obtaining in the first ballot the majority required shall be elected. If the number of candidates obtain- ing such majority is less than the number of places to be filled, there shall be additional ballots to fill the remaining places, the ballots being restricted to the candidates obtaining the greatest number of votes in the previous ballot to a number not more than twice the places remaining to be filled. Rule 53 The nomination of the Director-General shall take place at a private meeting of the Board. It shall establish a list of candidates in alphabetical order composed of the names proposed in secret by the members attending that meeting. The Board shall then elect a person by secret ballot from amongst the candidates so proposed. For this purpose each member of the Board shall write on his ballot paper the name of a single candidate chosen from the above-mentioned list. If no candidate obtains the majority required, the candidate who obtains the least number of votes shall be eliminated at each ballot. If the number of candidates is reduced to two and if there is a tie between these two candidates after three further ballots, the whole procedure established by this Rule shall be recommenced. The name of the person so nominated shall be announced at a public meeting of the Board and submitted to the Health Assembly. SUSPENSION AND .AMENDMENT OF RULES OF PROCEDURE Rule 54 Subject to the prov1S1ons of the Constitution any of these Rules may be suspended by the Board provided that at least forty-eight hours' notice of the proposal for such suspension has been given to the Chairman and communicated by him to the members twenty-four hours before RULES OF PROCEDURE OF THE EXECUTIVE BOARD 139 the meeting at which the proposal is to be submitted. If, however, on the advice of the Chairman the Board is unanimously in favour of such a proposal, it may adopt it immediately and without notice. Rule 55 The Board may amend or supplement these Rules. GENERAL PROVISIONS Rule 56 The Board may at its discretion apply such Rules of Procedure of the Health Assembly as it may deem appropriate to particular circum- stances for which provision does not exist in these Rules.

Appendices 10

Appendix 1 MEMBERS AND ASSOCIATE MEMBERS OF THE WORLD HEALTH ORGANIZATION (at 31 July 1972) The Members and Associate Members of the World Health Organiza- tion are listed below, with the date on which each became a party to the Constitution or the date of admission to associate membership. Afghanistan ............................ . Albania ................................ . Algeria * ................................ . Argentina * ............................. . Australia* ............................. . Austria* ............................... . Bahrain ................................ . Bangladesh .............................. . Barbados* ............................. . Belgium* .............................. . Bolivia ................................. . Brazil* ................................ . Bulgaria* ............................... . Burma ................................. . Burundi ............................... . Byelorussian SSR ....................... . Cameroon .............................. . Canada* ............................... . Central African Republic * ............... . Ceylon ................................. . Chad .................................. . Chile* ................................. . China .................................. . Colombia .............................. . Congo ................................. . Costa Rica ............................. . Cuba .................................. . Cyprus* ............................... . 19 April 1948 26 May 1947 8 November 1962 22 October 1948 2 February 1948 30 June 1947 2 November 1971 19 May 1972 25 April 1967 25 June 1948 23 December 1949 2 June 1948 9 June 1948 1 July 1948 22 October 1962 7 April 1948 6 May 1960 29 August 1946 20 September 1960 7 July 1948 1 January 1961 15 October 1948 22 July 1946 14 May 1959 26 October 1960 17 March 1949 9 May 1950 16 January 1961 • Member States that have acceded to the Convention on the Privile11es and Immunities of the Specialized Aaencies and its Annex VII. - 143 - 144 BASIC DOCUMENTS Czechoslovakia * ........................ . Dahomey .............................. . Denmark* ............................. . Dominican Republic .................... . Ecuador* .............................. . Egypt* ................................ . El Salvador ............................ . Ethiopia ............................... . Federal Republic of Germany * .......... . Fiji ................................... . Finland* ............................... . France ................................. . Gabon ................................. . Gambia* .............................. . Ghana* ............................... . Greece ................................. . Guatemala * ............................ . Guinea* ............................... . Guyana ................................ . Haiti* ................................. . Honduras .............................. . Hungary* .............................. . Iceland ................................. . India* ................................. . Indonesia ............................. . Iran ................................... . Iraq* .................................. . Ireland* ............................... . Israel .................................. . Italy* ................................. . Ivory Coast* .......................... . Jamaica* .............................. . Japan* ................................ . Jordan* ............................... . Kenya* ............................... . Khmer Republic * ...................... . Kuwait* ............................... . Laos* ................................. . Lebanon ............................... . Lesotho * .............................. . Liberia ................................. . 1 March 1948 20 September 1960 19 April 1948 21 June 1948 1 March 1949 16 December 1947 22 June 1948 11 April 1947 29 May 1951 1 January 1972 7 October 1947 16 June 1948 21 November 1960 26 April 1971 8 April 1957 12 March 1948 26 August 1949 19 May 1959 27 September 1966 12 August 1947 8 April 1949 17 June 1948 17 June 1948 12 January 1948 23 May 1950 23 November 1946 23 September 1947 20 October 1947 21 June 1949 11 April 1947 28 October 1960 21 March 1963 16 May 1951 7 April 1947 27 January 1964 17 May 1950 9 May 1960 17 May 1950 19 January 1949 7 July 1967 14 March 1947 • Member States that have acceded to the Convention on the Privileaes and Immunities of the Specialized Aaencies and its Annex VII. MEMBERSHIP OF THE WORLD HEALTH ORGANIZATION 145 Libyan Arab Republic * ................. . Luxembourg * .......................... . Madagascar * ........................... . Malawi * .............................. . Malaysia* ............................. . Maldives* ............................. . Mali* .................................. . Malta* ................................ . Mauritania ............................. . Mauritius * ............................. . Mexico ................................ . Monaco ................................ . Mongolia* ............................. . Morocco* ............................. . Nepal* ................................ . Netherlands * ........................... . New Zealand * ......................... . Nicaragua * ............................ . Niger* ................................. . Nigeria* ............................... . Norway* .............................. . Oman .................................. . Pakistan* .............................. . Panama ................................ . Paraguay ............................... . People's Democratic Republic of Yemen .. . Peru ................................... . Philippines * ............................ . Poland* ............................... . Portugal ............................... . Qatar .................................. . Republic of Korea ..................... . Romania* ............................. . Rwanda* .............................. . Saudi Arabia ........................... . Senegal* ............................... . Sierra Leone * .......................... . Singapore * ............................ . Somalia ................................ . South Africa ........................... . Spain .................................. . 16 May 1952 3 June 1949 16 January 1961 9 April 1965 24 April 1958 5 November 1965 17 October 1960 1 February 1965 7 March 1961 9 December 1968 7 April 1948 8 July 1948 18 April 1962 14 May 1956 2 September 1953 25 April 1947 10 December 1946 24 April 1950 5 October 1960 25 November 1960 18 August 1947 28 May 1971 23 June 1948 20 February 1951 4 January 1949 6 May 1968 11 November 1949 9 July 1948 6 May 1948 13 February 1948 11 May 1972 17 August 1(}49 8 June 1948 7 November 1962 26 May 1947 31 October 1960 20 October 1961 25 February 1966 26 January 1961 7 August 1947 28 May 1951 • Member States that have acceded to the Convention on the Privileges and Immunities of the Specialized Agencies and its Annex VII. 146 BASIC DOCUMENTS Sudan Sweden* ............................... . Switzerland ............................. . Syrian Arab Republic ................... . Thailand* .............................. . Togo* ................................. . Trinidad and Tobago * ................. . Tunisia* ............................... . Turkey ................................. . Uganda ................................ . Ukrainian SSR ......................... . Union of Soviet Socialist Republics* ...... . United Arab Emirates ................... . United Kingdom of Great Britain and Northern Ireland* ............................. . United Republic of Tanzania* .......... . United States of America .............. .. Upper Volta* .......................... . Uruguay ............................... . Venezuela .............................. . Viet-Nam .............................. . Western Samoa ......................... . Yemen ................................. . Yugoslavia* ............................ . Zaire* ................................. . Zambia ................................ . Associate Members Papua New Guinea ..................... . Southern Rhodesia 1 ..................... . 14 May 1956 28 August 1947 26 March 1947 18 December 1946 26 September 1947 13 May 1960 3 January 1963 14 May 1956 2 January 1948 7 March 1963 3 April 1948 24 March 1948 30 March 1972 22 July 1946 15 March 1962 21 June 1948 4 October 1960 22 April 1949 7 July 1948 17 May 1950 16 May 1962 20 November 1953 19 November 1947 24 February 1961 2 February 1965 26 July 1972 16 May 1950 • Member States that have acceded to the Convention on the Privileges and Immunities of the Specialized Agencies and its Annex Vil. 1 Southern Rhodesia's associate membership is regarded as in suspense. Appendix 2 STATUTE OF THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER 1 Article I - Objective The objective of the International Agency for Research on Cancer shall be to promote international collaboration in cancer research. The Agency shall serve as a means through which Participating States and the World Health Organization, in liaison with the International Union against Cancer and other interested international organizations, may co- operate in the stimulation and support of all phases of research related to the problem of cancer. Article II - Functions In order to achieve its objectives, the Agency shall have the following functions: 1. The Agency shall make provision for planning, promoting and developing research in all phases of the causation, treatment and prevention of cancer. 2. The Agency shall carry out a programme of permanent activities. These activities shall include : (a) the collection and dissemination of information on epidemiology of cancer, on cancer research and on the causation and preven- tion of cancer throughout the world; (b) the consideration of proposals and preparation of plans for projects in, or in support of, cancer research; such projects should be designed to make the best possible use of any scientific and financial resources and special opportunities for studies of the natural history of cancer which may arise; (c) the education and training of personnel for cancer research. 3. The Agency may arrange for the carrying out of special projects; however, such special projects shall be initiated only upon the specific approval of the Governing Council, based upon the recommendation of the Scientific Council. 1 Approved by the Eighteenth World Health Assembly on 20 May 1965 (resolution WHA18.44). Pursuant to its Articles III and XI, the Statute entered into force on IS September 1965. Amendments to the Statute adopted by the Governing Council at its seventh session in 1969 were accepted by the Twenty-third World Health Assembly on 19 May 1970 (resolution WHA23.23). Further amendments, adopted by the Govemina Council at its ninth session in 1971, were accepted by the Twenty-fifth World Health Assembly on 23 May 1972 (resolution WHA2S.2S). -147- 148 BASIC DOCUMENTS 4. Such special projects may include : (a) activities complementary to the permanent programme; (b) the demonstration of pilot cancer prevention activities; (c) the encouragement of, and the giving of assistance to, research at the national level, if necessary by the direct establishment of research organizations. 5. In carrying out its programme of permanent services or any spe- cial projects the Agency may collaborate with any other entity. Article III - Participating States Any Member of the World Health Organization may, subject to the provisions of Article XII, participate actively in the Agency by undertaking, in a notification to the Director-General of the World Health Organization, to observe and apply the provisions of this Sta- tute. In this Statute, Members which have made such a notification are termed " Participating States ". Article IV - Structure The Agency shall comprise : (a) the Governing Council; (b) the Scientific Council; (c) the Secretariat. Article V - The Governing Council 1. The Governing Council shall be composed of one representative of each Participating State and the Director-General of the World Health Organization, who may be accompanied by alternates or advisers. 2. Each member of the Governing Council shall have one vote. 3. The Governing Council shall : (a) adopt the budget; (b) adopt financial regulations; (c) control expenditure; (d) decide on the size of the Secretariat; (e) elect its officers; (!) adopt its own rules of procedure. INTERNATIONAL AGENCY FOR RESEARCH ON CANCER: STATUTE 149 4. The Governing Council, after considering the recommendations of the Scientific Council, shall : (a) adopt the programme of permanent activities; (b) approve any special project; (c) decide upon any supplementary programme. 5. Decisions of the Governing Council under sub-paragraphs (a) and (b) of paragraph 3 of this Article shall be made by a two-thirds majority of its members who are representatives of Participating States. 6. Decisions of the Governing Council shall be taken by a simple majority of members present and voting, except as otherwise pro- vided in this Statute. A majority of members shall constitute a quorum. 7. The Governing Council shall meet in ordinary session at least once in each year. It may also meet in extraordinary session at the request of one-third of its members. 8. The Governing Council may appoint sub-committees and working groups. Article VI - The Scientific Council 1. The Scientific Council shall be composed of twelve highly qua- lified scientists, selected on the basis of their technical competence in cancer research and allied fields. 2. The members of the Scientific Council shall be appointed by the Governing Council. The Director-General of the World Health Organization, after consultation with qualified scientific organizations, shall propose a list of experts to the Governing Council. 3. Each member of the Scientific Council shall serve for a term of four years. However, at the first appointment of members following the coming into force of the amendment to this Statute increasing the term of office of the members of the Scientific Council from three to four years the following arrangements shall apply: 11 (a) Three new members shall be appointed for four years. (b) Three of the four members whose term would otherwise have expired after two years shall be selected by lot to serve for three years, the remaining member continuing to serve for two years. (c) Two of the four members whose term would otherwise have expired after one year shall be selected by lot to serve for two years, the remaining two members continuing to serve for one year. 150 BASIC DOCUMENTS (d) One new member shall be appointed for one year. Any member leaving the Scientific Council, other than a member appointed by way of replacement for a period of two years or less, can be reappointed only after at least one year has elapsed. Should any vacancies otherwise occur for the three, two or one year terms of office, additional selections by lot or new appointments shall be made, as appropriate. 4. The Scientific Council shall be responsible for : (a) adopting its own rules of procedure; (b) the periodical evaluation of the activities of the Agency; (c) recommending programmes of permanent activities and preparing special projects for submission to the Governing Council; (d) the periodical evaluation of special projects sponsored by the Agency; (e) reporting to the Governing Council, for consideration at the time that body considers the programme and budget, upon the matters dealt with in sub-paragraphs (b), (c) and (d) above. Article VII - Secretariat 1. Subject to the general authority of the Director-General of the World Health Organization, the Secretariat shall be the administrative and technical organ of the Agency. It shall in addition carry out the decisions of the Governing Council and the Scientific Council. 2. The Secretariat shall consist of the Director of the Agency and such technical and administrative staff as may be required. 3. The Director of the Agency shall be selected by the Governing Council. The appointment shall be effected by the Director-General of the World Health Organization on such terms as the Governing Council may determine. 4. The staff of the Agency shall be appointed in a manner to be determined by agreement between the Director-General of the World Health Organization and the Director of the Agency. 5. The Director of the Agency shall be the chief executive officer of the Agency. He shall be responsible for : (a) preparing the future programme and the budget estimates; (b) supervising the execution of the programme and the scientific activities; (c) directing administrative and financial matters. INTERNATIONAL AGENCY FOR RESEARCH ON CANCER: STATUTE 151 6. The Director of the Agency shall submit a report on the progress of the Agency and the budget estimates for the next financial year to each Participating State and to the Director-General of the World Health Organization, which shall be distributed to reach them at least thirty days before the regular annual meeting of the Governing Council. Article VIII - Finance 1. The administrative services and permanent activities of the Agency shall be financed by annual contributions by each Participating State. 2. These annual contributions shall be due on 1 January of each year and must be paid not later than 31 December of that year. 3. The level or levels of annual contributions shall be determined by the Governing Council. 4. Any decision to change the level or levels of annual contributions shall require a two-thirds majority of the Members of the Govern- ing Council who are representatives of Participating States. 5. A Participating State which is in arrears in the payment of its annual contribution shall have no vote in the Governing Council if the amount of its arrears equals or exceeds the amount of contribu- tions due from it for the preceding financial year. 6. The Governing Council may establish a working capital fund and decide its amount. 7. The Governing Council shall be empowered to accept grants or special contributions from any individual, body or government. The special projects of the Agency shall be financed from such grants or special contributions. 8. The funds and assets of the Agency shall be treated as trust funds under Article VI (6.6 and 6.7) of the Financial Regulations of the World Health Organization. They shall be accounted for separately from the funds and assets of the World Health Organization and administered in accordance with the financial regulations adopted by the Governing Council. Article IX - Headquarters The site of the headquarters of the Agency shall be determined by the Governing Council. Article X - Amendments Except as provided in Article VIII, 4, amendments to this Statute shall come into force when adopted by the Governing Council by a 152 BASIC DOCUMENTS two-thirds majority of its members who are representatives of Par- ticipating States and accepted by the World Health Assembly. Article XI - Entry into Force The provisions of this Statute shall enter into force when five of the States which took the initiative in proposing the International Agency for Research on Cancer have given the undertaking referred to in Article III to observe and apply the provisions of the present Statute. Article XII - New Participating States After the entry into force of this Statute, any State Member of the World Health Organization may be admitted as a Participating State, provided that : (a) the Governing Council, by a two-thirds majority of its members who are representatives of Participating States, considers that the State is able to contribute effectively to the scientific and technical work of the Agency; (b) and thereafter, the State gives the undertaking referred to in Article III. Article XIII - Withdrawal from Participation A Participating State may withdraw from participation in the opera- tion of the Agency by notifying the Director-General of the World Health Organization of its intention to withdraw. Such a notification shall take effect six months after its receipt by the Director-General of the World Health Organization. INDEX

INDEX Accidental injuries, prevention, functions of WHO, 2 Accidents to staff, compensation for, 86 Accounts of WHO, 10, 77-78, 99, 120 audit, 76, 78-79, 80-82 Adjournment of debate in Executive Board, 134 in expert committees, 96 in Health Assembly, 112, 113 Adjournment of meeting in Executive Board, 134 in Health Assembly, 112, 113 Adjournment of session of Health Assembly, 107 Administrative services, common, with United Nations, 46 establishment and maintenance, functions of WHO, 2 Administrative Tribunal of the United Nations, 88 Advisers to Health Assembly delegates, 5, 102, 103 to members of Board, 8, 37, 128, 133 Agenda, see under Executive Board; World Health Assembly Agreements, 2, 8, 48, 101 adoption by Health Assembly, 7, 14, 16, 115 annual reports by Member States on, 7, 15 For agreements with individual organizations, see under name of organization Aliens' registration, exemption, 27, 29 Allowances, expert committee members, 91, 94 staff, 45, 85, 86, 87 Alternates to Health Assembly delegates, 5, 102, 103 to members of Board, 8, 37, 122, 128, 133 Amendments to Constitution, 14, 16, 115, 125 to proposals in Executive Board, 135, 136 in expert committees, 96 in Health Assembly, 110, 113, 114 to rules of procedure, 125, 138, 139 to Statute of International Agency for Research on Cancer, 151-152 Americas, Region of the, 21, 38-40 Annual Report of the Director-General, 99 Appeals by staff, 87 Appointment of staff, 10, 13, 45, 85-86, 87 Appropriations, 72-73, 75, 77, 80 additional regional, 13, 21 Archives of specialized agencies, inviolability, 25 Arrest, immunity from, 27, 37 Assessments, 14, 73, 75, 120 see also Contributions Assistant Directors-General, appointment and salary, 85 privileges and immunities, 37 Associate Members, admission, 4, 124 contributions, 20, 120 list, 146 - 155 - 156 BASIC DOCUMENTS Associate Members ( continued) participation in Executive Board, 20, 128 in Health Assembly, 4, 19, 99, 102-103, 109 in regional committees, 12, 21-22 privileges and immunities, 37 rights and obligations, 4, 19-22 Audit, 76, 78-79, 80-82 Baggage, immunities in respect of, 27, 37 Bequests, 14, 75 Budget, co-operation with United Nations regarding, 47 preparation, 10, 13, 47, 71 submission to and approval by Health Assembly, 6, 13-14, 71-72, 99, 115, 120 submission to Executive Board, 10, 13, 71, 72 supplementary estimates, 72, 75, 120 Cancer, see International Agency for Research on Cancer Child health, promotion of, 1, 3 Closure of debate in Executive Board, 134, 135 in expert committees, 97 in Health Assembly, 112-113 Codes, use by specialized agencies, 26, 27, 37 Committee on Credentials, see under World Health Assembly Committee on Nominations, see under World Health Assembly Committees, establishment, 6, 10-11 expert, see Expert advisory panels and committees FAO/WHO inter-secretariat, 55 joint, with other organizations, 11, 50-51, 54-55, 58, 59, 64, 94 of Executive Board, see under Executive Board of Health Assembly, see under World Health Assembly regional, 12-13, 21, 38 Communications, facilities for specialized agencies, 26, 27, 37 Compensation to staff for illness, accident or death, 86 Conduct of business in Executive Board, 133-136 in expert committees, 95-97 in Health Assembly, 110-118, 126-127 Conferences, convening of, 6, 11, 12 representation at, 6, 11, 69 secretary, 9 Constitution of WHO, 1-18 amendment of, 14, 16, 115, 125 Contributions, 73-74, 75, 120 collection by United Nations, 47 of Associate Members, 20, 120 to International Agency for Research on Cancer, 149, 150 see also Assessments Convention on the Privileges and Immunities of the Specialized Agencies, 23-37 Conventions, 2, 8, 101 adoption by Health Assembly, 7, 14, 115 annual reports by Member States on, 7, 15 Credentials, Committee on, see under World Health Assembly Executive Board, 128 Health Assembly, 103 INDEX Currency and exchange, profits and losses, 75 restrictions, facilities of specialized agencies, 27, 29, 37 Currency of contributions, 74 Customs duties, exemption of specialized agencies, 26 Death of staff members, compensation for, 86 Delegates to World Health Assembly, S rights in main committees, 107 in plenary meetings, 101, 103 Dependants of staff, travel expenses, 86 Deputy Director-General, appointment and salary, 85 privileges and immunities, 37 Diagnostic procedures, standardization, 3, 7 Director of International Agency for Research on Cancer, 150-151 Director-General, Annual Report, 99 appointment, 6, 9, 122-123, 137, 138 contract, 122, 123 financial report, 10, 78, 99 functions, 9-10, 123 in respect of the International Agency for Research on Cancer, 149, 150 privileges and immunities, 29, 32 salary, 123 Disciplinary measures imposed on staff, 87 Documents, exchange with other organizations, 43, 51, SS, 59-60, 63-64 Executive Board, 130 Health Assembly, 101, 102 inviolability, 27 official, registration and deposit, 4 7 Economic and Social Council, 6, 33, 42, 48, 51, 59 representation of WHO at meetings, 41-42 Economic conditions, improvement, functions of WHO, 2 Education and training, 3, 58 Elections in Executive Board, 137-138 in Health Assembly, 116-117 157 of Members entitled to designate a person to serve on the Board, 6, 8, 120-122 secret ballot, guiding principles, 126-127 Emergencies, 2, 9 special fund for, 14 Environmental health, functions of WHO, 2 Epidemic and endemic diseases, functions of WHO, 2 Epidemics, emergency measures by Executive Board, 9 Epidemiological services, functions of WHO, 2 Equipment, see Supplies and equipment Exchange, profits and losses, 75 restrictions, facilities of specialized agencies, 27, 29, 37 Excise duties, exemption of specialized agencies, 26 Executive Board, 4 agenda, 129-130 items proposed by other organizations, 42, 59, 64, 130 Chairman, 8, 130-131 committees, 10-11, 131 composition, 8, 128 158 Executive Board ( continued) conduct of business, 133-136 documents, 130 elections, 137-138 functions, 5, 8-9 BASIC DOCUMENTS budget estimates, 13, 71, 72 nomination of Director-General, 137, 138 languages, 132-133 Members entitled to designate a person to serve on, 6, 8, 120-122, 128 officers, 8, 130-131 participation of representatives of Associate Members, 20, 128 of representatives of Member and non-Member States, 128 of representatives of other organizations, 41, 50, 54, 58, 63, 128 privileges and immunities of members, 15, 37 quorum, 133 representation at Health Assembly, 99, 101, 103, 108-109 resolutions, 132, 133, 136 rights and obligations of Associate Members in, 20 Rules of Procedure, 8, 128-139 Secretary, 9, 131 sessions, 8, 129 special fund, 14 Standing Committee on Non-governmental Organizations, 68 summary records, 132 Vice-Chairmen, 130, 131 voting, 14, 133, 134, 135, 136-138 Executive heads of specialized agencies, 24, 29, 31, 32 Ex-gratia payments, 77 Expert advisory panels and committees, privileges and immunities of members, 37, 91 Regulations, 89-95 Rules of Procedure of committees, 94, 95-97 Expert committees, see Expert advisory panels and committees Export restrictions, exemption of specialized agencies, 26 External Auditor, 77, 78-79, 80-82, 120 FAO, see Food and Agriculture Organization of the United Nations Financial Regulations, 71-82 Financial report of the Director-General, 10, 78, 99 Financial rules, 76, 80 Financial year of WHO, 71 Food, international standards, functions of WHO, 3 Food and Agriculture Organization of the United Nations (FAO), agreement with WHO, 54-57 Funds of WHO, 73-76 Furniture and effects of officials, importation, 29 General Assembly, see United Nations General Assembly General Committee, see under World Health Assembly General programme of work covering a specific period, 9 Gifts and bequests, 14, 75 Governing Council of International Agency for Research on Cancer, 147, 148-149, 150, 151, 152 INDEX 159 Headquarters, of International Agency for Research on Cancer, 151 of WHO, 11, 44 Health Assembly, see World Health Assembly Health education, 3, 43 Health services, strengthening, functions of WHO, 2 Housing, improvement, functions of WHO, 2 IAEA, see International Atomic Energy Agency Illness of staff, compensation for, 86 ILO, see International Labour Organisation Immigration restrictions, exemption, 27, 29 Immunities, see Privileges and immunities Import restrictions, exemption, 26, 29 Information, exchange with other organizations, 43, 51, 55, 59-60, 63 Intergovernmental organizations, 6, 14, 16, 48, 99, 101, 103, 109, 115, 128 International Agency for Research on Cancer, Statute, 147-152 International Atomic Energy Agency (IAEA), agreement with WHO, 62-66 International civil service commission, 45 International Court of Justice, 17, 30, 32, 44 International Health Conference (1946), 3 International Labour Organisation (ILO), agreement with WHO, 50-53 International Union against Cancer, 147 Interpretation, 97, 118, 132-133 Investment of WHO funds, 76 Joint committees, see Committees Joint Staff Pension Fund, 86, 87 Journal of the Health Assembly, 102, 118, 119 Juridical personality of specialized agencies, 24 Laissez-passer of United Nations, 31-32, 48 Languages of Executive Board, 132-133 of expert committees, 97 of Health Assembly, 118 Laws pertaining to health, 15 Leave of staff, 86 Legal capacity of WHO, 15 Main committees, see under World Health Assembly Maternal and child health, functions of WHO, 3 Maternity leave of staff, 86 Medical care, functions of WHO, 3 Members of WHO, admission, 3-4, 124 annual reports, 7, 14-15 assessments and contributions, 14, 47, 73-74, 75, 120 entitled to designate a person to serve on the Executive Board, 6, 8, 120-122, 128 list, 143-146 participation in Executive Board, 128 in Health Assembly, 5, 99, 102 in regional committees, 12, 20-21 voting rights, 4, 14, 21, 103, 114 Mental health, functions of WHO, 3 Miscellaneous income, 73, 74, 75 Missions, joint FAO/WHO, 55 160 BASIC DOCUMENTS National service obligations, exemption from, 27, 29 Nomenclatures of diseases, etc., 3, 7 Nominations, Committee on, see under World Health Assembly Non-governmental organizations, 6, 16, 48, 99, 103, llO, 129 principles governing admission into official relations with WHO, 67-70 Non-Members of WHO, 99, 103, 109, 128 Non-self-governing territories, admission to associate membership, 4, 124 co-operation with United Nations on, 44 participation in Health Assembly, 99, 103, 109 in regional committees, 12, 21-22 rights and obligations in regional organizations, 12, 20-21 Nutrition, improvement, functions of WHO, 2 Oath subscribed to by staff, 84 Observers for non-Member States and non-self-governing territories, 99, 103, 109 Official Records of the World Health Organization, ll9 Officials of specialized agencies, privileges and immunities, 28-32 Pan American Health (formerly Sanitary) Organization, 13, 21 agreement with WHO, 38-40 Pan American Sanitary Bureau, 13, 38, 39, 40 Pan American Sanitary Conference, 13, 38, 39, 40 Pan American Sanitary Organization, see Pan American Health Organization Participating States of International Agency for Research on Cancer, 147, 148, 149, 151, 152 Pension Fund, Joint Staff, 86, 87 Pensions, 45, 51, 56, 60, 64, 86 Personnel, arrangements with other organizations, 45, 51, 55-56, 60, 64 see also Staff Pharmaceutical products, international standards, 3, 7 Plenary meetings, see under World Health Assembly Point of order in Executive Board, 133, 134, 137 in expert committees, 96 in Health Assembly, 105, Ill, ll5 Post classification, 45, 84 Premises of specialized agencies, inviolability, 25 Press, admission to Health Assembly, 103 Privileges and immunities, 15, 84, 91 convention, 23-37 Programme, general, covering a specific period, 9 Promotion of staff, 85 Property, funds and assets of specialized agencies, 24-26 Proposals in Executive Board, 134-136 in expert committees, 96, 97 in Health Assembly, ll3, 114 Public health techniques, functions of WHO, 3 Public information, 43 Publications of specialized agencies, 26 Quarantine regulations, 7 Quorum for meetings of Executive Board, 133 of expert committees, 95 of Health Assembly, 111, 117 INDEX Rapporteurs, 104, 107, 108 Recreation, improvement, functions of WHO, 2 Recruitment of staff, 85 arrangements with other organizations, 45, 51, 55, 60, 64 Regional Committee for the Americas, 38 Regional committees, 12-13, 21 Regional Directors, 13, 39, 70 appointment, 85 privileges and immunities, 37 salaries, 85 Regional Office for the Americas, 38, 39 Regional offices, 10, 12, 13 relations with regional offices of other organizations, 45, 49, 52, 56, 61, 65 Regional organizations, 11-13, 20-22, 38 Regulations, 2, 7, 8, 15, 101 Regulations for Expert Advisory Panels and Committees, 89-95 Removal expenses of staff, 86 Repatriation of staff, 29, 87 Reports, committees of the Health Assembly, 111, 119 Director-General, financial, 10, 78, 99 on work of WHO, 99 Executive Board, on annual budget estimates, 71, 72 expert committees, 93-94, 97 External Auditor, 78-79, 80-82, 120 joint committees, 51, 55, 59, 94 submitted by Member States, 7, 14-15 to United Nations, 43 Research, functions of WHO, 3, 6, 9, 58, 62 on cancer, see International Agency for Research on Cancer Reserve accounts, 75, 76, 78 Resignation of staff, 87 Resolutions, Executive Board, 132, 133, 136 expert committees, 96 Health Assembly, 110, 111, 118, 119 involving expenditures, 79 Retirement of staff, 45, 87 Roll-call, see under Voting Rules of Procedure, Executive Board, 8, 128-139 expert committees and sub-committees, 94, 95-97 Health Assembly, 5, 98-127, 139 regional committees, adoption, 12 Salaries, 29, 45, 85, 123 Sanitary regulations, 7 Sanitation, improvement, functions of WHO, 2 161 Scientific Council of International Agency for Research on Cancer, 147, 148, 149- 150 Secret ballot, see under Elections; Voting Secretariat, of International Agency for Research on Cancer, 148, 150-151 of WHO 4, 9-10 Security Council (United Nations), 6, 44 Separation from service of staff, 86, 87 Social security for staff, 86 162 BASIC DOCUMENTS Special accounts, 75, 76, 77, 78, 80 Specialized agencies, 2, 12, 100, 101, 130 see also Convention on the Privileges and Immunities of the Specialized Agencies; and individual agencies Speeches, interpretation, 97, 118, 132-133 limitation of time, 97, 105, 111, 133 Staff of WHO, 9, 10, 83-88 regional office, 13 see also Personnel Staff Pension Fund, Joint, 86, 87 Staff Regulations, 10, 45, 83-88 Staff Rules, 45, 83, 87, 88 Standing Committee on Non-governmental Organizations, 68 Statistics, 2, 15, 45-46, 51-52, 56, 60, 65 Statute of International Agency for Research on Cancer, 147-152 Summary records, 97, 118, 119, 132 Supplies and equipment, accounting control, 80, 82 tenders, 77 Suspension of meetings of Executive Board, 134 of meetings of Health Assembly, 112, 113 Tax exemption, 25, 26, 27, 29 Teaching, see Education and training Technical assistance, 2 Technical services, common, with United Nations, 46 establishment and maintenance, functions of WHO, 2 Termination of appointments of staff, 86, 87 Time-limit for speakers, 97, 105, 111, 133 Training, see Education and training Travel expenses, 86, 91 Trust Funds, 75, 76, 77, 78, 80, 150 Trust territories, functions of WHO, 2 Trusteeship Council (United Nations), 6, 42, 44 UNESCO, see United Nations Educational, Scientific and Cultural Organization United Nations, agreement with WHO, 41-49 participation in Executive Board, 41, 128 in Health Assembly, 41, 103, 109 in meetings convened by WHO, 41 relations with WHO, 2, 14, 16 see also Economic and Social Council United Nations Administrative Tribunal, 88 United Nations Educational, Scientific and Cultural Organization (UNESCO), agreement with WHO, 58-61 United Nations General Assembly, 6, 17 representation of WHO at meetings, 41-42, 47 United Nations Joint Staff Pension Fund, 86, 87 United Nations Security Council, 6, 44 United Nations Trusteeship Council, 6, 42, 44 Verbatim records of Health Assembly plenary meetings, 118, 119 INDEX Voting, in Executive Board, 14, 133, 134, 135, 136-138 in expert committees, 96 in Health Assembly, 105, 112, 113, 114-117, 121, 126-127 roll-call, 96, 115, 137 secret ballot, 96, 115-116, 121, 123, 126-127, 137, 138 where two-thirds majority required, 7, 14, 16, 114, 115, 136 Voting rights, Associate Members, 19 Executive Board members, 136 Member States, 4, 14, 21, 103, 114 suspension, 4 Waiver of immunity, 25, 28, 30, 37, 84 Working Capital Fund, 73, 74, 75 Working conditions, improvement, functions of WHO, 2 World Health Assembly, 4, 5-8 agenda, 9, 19, 69, 99-102, 107, 110 items proposed by other organizations, 42, 59, 64 Committee on Credentials, 19, 104, 109, 119 Committee on Nominations, 19, 104, 105, 106, 107, 109, 119 committees and sub-committees, 6, 19, 108, 109, 110 see also below, under main committees composition, 5 conduct of business, 110-118, 126-127 credentials, 103, 104 delegates, 5, 102, 103, 104, 107 documents, 101, 102 elections, 116-117 secret ballot, guiding principles, 126-127 functions, 6-8, 150 General Committee, 19, 101, 104, 106-107, 109, 111, 119, 121 Journal, 102, 118, 119 languages, 118 main committees, 19, 107-108, 109, 110 conduct of business, 117 consideration of budget estimates, 71 officers, 104, 106, 107, 108 reports, 111, 119 officers, 104, 105, 106, 107, 108 participation of observers for non-Member States, 99, 103, 109 of observers for non-self-governing territories, 99, 103, 109 of representatives of Associate Members, 4, 19, 99, 102-103, 109 of representatives of Executive Board, 99, 101, 103, 108-109 163 of representatives or observers of other organizations, 6, 41, 50, 54, 58, 62, 99, 103, 109, 110 plenary meetings, 102-104, 106, 107, 110-117 President, 5, 105, 106 private meetings, 103, 106, 119, 123 rapporteurs, 104, 107, 108 reports of committees, 111, 119 resolutions, 110, 111, 118, 119 Rules of Procedure, 5, 98-127, 139 secretariat, 102 secretary, 9, 102 164 BASIC DOCUMENTS World Health Assembly ( continued) sessions, 5, 19, 98-99, 107 sub-committees, 108, 117, 119 summary records, 119 verbatim records, 119 vice-presidents, 104, 105, 106 voting, 105, 112, 113, 114-117, 121, 126-127 WHO publications may be obtained, dired or through booksellers, from: ALGERIA ARGENTINA AUSTRALIA AUSTRIA BELGIUM BURMA CANADA CEYLON COLOMBIA COSTA RICA CYPRUS DENMARK ECUADOR EGYPr FEDERAL REPUBLIC OF GERMANY FUI FINLAND FRANCE GREECE HAITI HUNGARY ICELAND INDIA INDONESIA IRAN IRELAND ISRAEL ITALY JAPAN KENYA KHMER REPUBLIC LAOS LEBANON LUXEMBOURG MALAYSIA MEXICO MONGOLIA Soci~ Nationale d'Edition et de Diffusion, 3 Bd Zirout Youcef, ALGIERS. Librerfa de las Naciones, Cooperativa Ltda, Alsina 500, BUENOS Anu!s- Editorial Sudamericana S.A., Humberto 1° 545, BUENOS AIRES. Australian Government Publishing Service, Sales and Distribution, P.O. Box 84, CANBERRA, A.C.T. 2600 (mail orders); AGPS Book Centre, 113·115 London Circuit, CANBERRA CITY; 347 Swanston St., MELBOURNE; Commonwealth Centre, 1·3 St George·s Terrace, PERTH; Bank House, 315 George St., SYDNEY - Hunter Publications, 58A Gipps Street, CoWNOWOOD, Vic. 3066. Gerold & Co., i. Graben 31, VmNNA 1. Office international de Librairie, 30 av. Marnix, BRUSSELS. see India, WHO Regional Office. Information Canada Bookstore, 171 Slater Street, OTTAWA, Ontario KIA OS9; 1735 Barrington Street, HAuFAX, N.S.; Edifice Aeterna· Vie, 1182 ouest, rue Ste-Catherine, MONTREAL 110 (Qu6.); 221 Yonge Street, TORONTO 205, Ontario; . 657 Granville Street, VANCOUVER 2, B.C.; 393 Portage Avenue, WINNIPEG, Manitoba. see India, WHO Regional Office. Distrilibros Ltd, Pio Alfonso Garcia, Carrera 4a; Nos 36-119, CARTA· GENA. lmprenta y Librerfa Trejos S.A., Apartado 1313, SAN Josl1. MAM, P.O. Bolt 1674, NICOSIA. Ejnar Munksgaard, Ltd, Nerregade 6, CoPBNHAGEN. Librerfa Cientifica S.A .• P.O. Box 362, Luque 223, GUAYAQUIL. Al Abram Bookshop, 10 Avenue el Horreya, ALEXANDRIA, Govi-Verlag GmbH, Beethovenplatz 1·3, FRANKFURT A. M. 6 - W. E. Saarbach, Postfach 1510, Follerstrasse 2, 5 CoLOONB 1 - Alelt. Hom, Spiegelgasse 9, 62 WIBSBADEN, The WHO Representative, P.O. Box 113, SUVA. Akateeminen Kirjakauppa, Keskuskatu 2, HELSINKI 10. Librairie Arnette, 2 rue Casimir-Delavigne, PARIS 6e. G.C. Eleftheroudakis S.A., Librairie internationale, rue Nikis 4, ATHENS (T. 126). Max Bouchereau, Librairie "A la Caravelle ", Bolte postale lll·B, PORT·AU•PRINCE. Kultura, P.O.B. 149, BUDAPEST 62 - Akad6miai Konyvesbolt, Vlici Utca 22, BUDAPEST V. Snaebjorn Jonsson & Co., P.O. Box 1131, Hafnarstraeti 9, REYKJAVIK. WHO Regional Office for South-East Asia, World Health House, lndraprastha Estate, Ring Road, NEW DELHI 1 - Oxford Book & Stationery Co., Scindia House, New DELHI; 17 Park Street, CALCUTTA 16 (Sub-agent). see India, WHO Regional Office. Mesrob Grigorian, Naderi Avenue (Arbab-Guiv Building), TEHERAN. The Stationery Office, DUBLIN. Heiliger & Co., 3 Nathan Strauss Street, JERUSALEM. Edizioni Minerva Medica, Corso Bramante 83-85, TURIN; Via Lamar· mora 3, MILAN. Maruzen Co. Ltd, P.O. Box 5050, TOKYO International, 100-31 Japan. The Caxton Press Ltd, Head Office: Gathani House, Huddersfield Road, P.O. Box 1742, NAIROBI, The WHO Representative, P.O. Bolt 111, PHNOM·PBNH. The WHO Representative, P.O. Bolt 343, VIBNTIANE. Librairie Au Papyrus. lmmeuble Abdel Baki, rue Cin6ma Colis6e, Hamra, BEIRUT. Librairie Trausch-Schummer, place du Th6Atre, LUXEMBOURG. The WHO Representative, P.O. Box 2550, KUALA LUMPUR - Jubilee (Book) Store Ltd, 97 Jalan Tuanku Abdul Rahman, P.O. Box 629, KUALA LUMPUR. La Prensa M6dica Mexicana, Ediciones Cientificas, Paseo de las Facul· tades 26, MBXICO CITY 20, D.F. see India, WHO Regional Office. Price: 70p Sl.75 Sw. fr. 7.- Pricea aro subject to chanae without notice. WHO publications may be obtained, direct or through booksellers, from: MOROCCO NEPAL NETHERLANDS NEW ZEALAND NIGERIA NORWAY PAKISTAN PARAGUAY PERU PHILIPPINES POLAND PORTUGAL REPUBLIC OF KOREA· REPUBLIC OF VIET-NAM SINGAPORE SOUTH AFRICA SPAIN SWEDEN SWITZERLAND THAILAND TUNISIA TURKEY UGANDA UNITED KINGDOM UNITED REP. OF TANZANIA UNITED STATES OF AMERICA USSR VENEZUELA YUGOSLAVIA ZAIRE Editions La Porte, 281 avenue Mohammed V, RABAT. see India, WHO Regional Office. N.V. Martinus Nijhoff's Boekhandel en Uitgevers Maatschappij, Lange Voorhout 9, 1'HB HAGUE. Government Printing Office, Government Bookshops at: Rutland Street, P.O. Box 5344, AUCKLAND; 130 Oxford Terrace, P.O. Box 1721, CHRISTCHURCH; Alma Street, P.O. Box 857, HAMILTON; Princes . Street, P.O. Box 1104, DUNEDIN; Mulgrave Street, Private Bag, WBL· LINGTON - R. Hill & Son Ltd, Ideal House, Cnr. Gilles Avenuo & Eden St., Newmarket, AUCKLAND S.E.l. University Bookshop Nigeria, Ltd, University of lbadan, IBADAN, Johan Grufidt Tanum Bokhandel, Karl Johansgt. 43, OSLO 1. Mirza Book Agency, 65 Shahrah Quaid·E. Azam, P.O. Box 729, LAHORB 3. Agencia de Librerfas Nizza S.A., Estrella No. 721, ASUNCION. Distribuidora Inca S.A., Apartado 3115, Emilio Althaus 470, LIMA. World l;Jealtb Organization, Regional Office for the Western Pacific, P.O. Box 2932, MANILA. • Skladnica Ksiegarska, ul. Mazowiecka 9, WARSAW (exupt periodicals) - BKWZ Ruch; uL Wronia 23, WARSAW (periodicals only), Livraria Rodrigues, 186 Rua Aurea, LISBON. The WHO Representative, Central P.O. Box 540, SEOUL. The WHO Representative, P.O. Box 242, SAIGON. The WHO Representative, 144 Moulmein Road, O.P.O. Box 3457, SINOAPORB 1. Van Scbaik's Bookstore (Pty) Ltd, P.O. Box 724, PRBToRIA. Comercial Atheneum S.A., Consejo de Ciento 130-136, BARCELONA IS; General Moscardo 29, MADRID 20 - Librerfa Diaz de Santos, Lagasca 95, MADRID 6. Aktiebolaget C.E. Fritzes Kung!. Hovbokhandel, Fredsgatan 2, STOCKHOLM 16. Medizinischer Verlag Hans Huber, Linggass Strasse 76, 3000 BERNE 9. see India, WHO Regional Office. Soci~ Tunisienne de Diffusion, S avenue de Carthage, TUNIS. Librairie Hachette, 469 av. de l'lnd6pendance, ISTANBUL, see address under KENYA, H.M. Stationery Office: 49 High Holborn, LoNDON WClV 6HB; t3a Castle Street, EDINBURGH EH2 JAR; 109 St. Mary Street, CAR· DIFP CFI lJW; 80 Chichester Street, BELFAST BTl 4JY: Brazennose Street, MANCHESTER M60 SAS; 258 Broad Street, BIRMINGHAM BI 2HE; 50 Fairfax Street, BRISTOL BSI JDE. All mail orders 1houkl be sent 10 P.O. Box .S69, London SEl 9NH. see address under KENYA, The American Public Health Association, Inc., 1015 Eighteenth St. N.W., WASHINGTON, o.c. 20036; United Nations Bookshop, New York, N. Y. 10017 (retail only). For readers in the USSR requiring Russian editions: Komsomolskij prospek\ 18, Medicinskaja Kniga, Moscow - For readers ou11ide the USSR requiring Russian editions: Kuzneckij most 18, Mdduna· rodnaja Kniga, Moscow G-200. Editorial Interamericana de Venezuela C.A.; Apartado 50785, CARACAS - Librerla del Este, Av. Francisco de Miranda 52, Edificio Galipan, CARACAS. Jugoslovenska Knjiga, Terazije 27/11, BELGRADE, Librairie du Zaire, 12 avenue des Aviateurs, KINSHASA. Orders may also be addressed to: World Health Organization, Distribution and Sales Service, 1211 Geneva 27, Switzerland, but must be paid for in pounds sterlini, US dollars, or Swiss francs. BASIC DOCUMENTS - Twenty-third edition Appendix 1 - Second revision MEMBERS AND ASSOCIATE MEMBERS OF THE WORLD HEALTH ORGANIZATION (at 30 June 1973) The Members and Associate Members of the World Health Organiza- tion are listed below, with the date on which each became a party to the Constitution or the date of admission to associate membership. Afghanistan ............................ . Albania ...........................•..... Algeria* ............................... . Argentina * ............................. . Australia * ...........................•.. Austria* ............................... . Bahrain ................................ . Bangladesh .............................. . Barbados* ............................. . Belgium* .............................. . Bolivia ................................. . Brazil• ................................ . Bulgaria• ............................... . Burma ................................. . Burundi ............................... . Byelorussian SSR .•...•....•............. Cameroon .............................. . Canada* ............................... . Central African Republic * ............... . Chad .................................. . Chile* ................................. . China .................................. . Colombia .............................. . Congo ................................. . Costa Rica ............................. . Cuba• ............................•.••.• Cyprus* ............................... . Czechoslovakia * ........................• 19 April 1948 26 May 1947 8 November 1962 22 October 1948 2 February 1948 30 June 1947 2 November 1971 19 May 1972 25 April 1967 25 June 1948 23 December 1949 2 June 1948 9 June 1948 1 July 1948 22 October 1962 7 April 1948 6 May 1960 29 August 1946 20 September 1960 1 January 1961 15 October 1948 22 July 1946 14 May 1959 26 October 1960 17 March 1949 9 May 1950 16 January 1961 1 March 1948 • Member States that have acceded to the Convention on the Privileaes and Immunities of the Specialized Aaoncles and its Annex VII. - 143 - 144 BASIC DOCUMENTS Dahomey .............................. . Democratic People's Republic of Korea .. . Democratic Yemen ...................... . Denmark* ............................. . Dominican Republic ......•.............. Ecuador* .............................. . Egypt* ................................ . El Salvador .................. ; ......... . Ethiopia ............................... . Fiji ................................... . Finland* ............................... . France ................•................. Gabon ................................. . Gambia* .............................. . German Democratic Republic ............ . Germany, Federal Republic of* .......... . Ghana* ............................... . Greece ................................. . Guatemala * ............................ . Guinea* ............................... . Guyana ................................ . Haiti* ................................. . Honduras .............................. . Hungary* .............................. . Iceland ................................. . India* ................................. . Indonesia * ............................. . Iran .......................... · · ·. · · · · · · Iraq* .................... · · · · · · · · · · · · · · · Ireland* ............................... . Israel .................................. . Italy* ................................. . Ivory Coast* .......................... . Jamaica* .............................. . Japan* ................................ . Jordan* ............................... . Kenya* ............................... . Khmer Republic * ...................... . Kuwait* ............................... . Laos* ........................... · · · · · · · Lebanon ............................... . 20 September 1960 19 May 1973 6 May 1968 19 April 1948 21 June 1948 1 March 1949 16 December 1947 22 June 1948 11 April 1947 1 January 1972 7 October 1947 16 June 1948 21 November 1960 26 April 1971 8 May 1973. 29 May 1951 8 April 1957 12 March 1948 26 August 1949 19 May 1959 27 September 1966 12 August 1947 8 April 1949 17 June 1948 17 June 1948 12 January 1948 23 May 1950 23 November 1946 23 September 1947 20 October 1947 21 June 1949 11 April 1947 28 October 1960 21 March 1963 16 May 1951 7 April 1947 27 January 1964 17 May 1950 9 May 1960 17 May 1950 19 January 1949 • Member Stata that have acceded to the Convention on the Privileaes and Immunities of the Specializ.ed Aaencies and its Annex VII. MEMBERSlllP OF THE WORLD HEALTH ORGANIZATION 145 Lesotho * .· ............................. . Liberia ................................. . Libyan Arab Republic * ................. . Luxembourg * .......................... . Madagascar* ........................... . Malawi * .............................. . Malaysia* ............................. . Maldives* •............................. Mali* .................................. . Malta* ................................ . Mauritania ............................. . Mauritius * ............•................. Mexico ....•............................ Monaco ................................ . Mongolia*· ............................. . Morocco• ............................. . Nepal• ................................• Netherlands • ........................... . New Zealand • ......................... . Nicaragua• ............................ . Niger* ................................. . Nigeria• ............................... . Norway• .............................. . Oman.-................................. . Pakistan* .............................. . Panama ................................ . Paraguay ............................... . Peru ................................ · ··· Philippines * ............................ . Poland* ............................... . Portugal ............................... . Qatar .................................. . Republic of Korea ..................... . Romania* ............................. . Rwanda* .............................. . Saudi Arabia ........................... . Senegal• ............................... . Sierra Leone • .......................... . Singapore• ............................ . Somalia ................................ . South Africa ........................... . 7 July 1967 14 March 1947 16 May 1952 3 June 1949 16 January 1961 9 April 1965 24 April 1958 5 November 1965 17 October 1960 1 February 1965 7 March 1961 9 December 1968 7 April 1948 8 July 1948 18 April 1962 14 May 1956 2 September 1953 25 April 1947 10 December 1946 24 April 1950 5 October 1960 25 November 1960 18 August 1947 28 May 1971 23 June 1948 20 February 1951 4 January 1949 11 November 1949 9 July 1948 6 May 1948 13 February 1948. 11 May 1972 17 August 1949 8 June 1948 7 November 1962 26 May 1947 31 October 1960 20 October 1961 25 February 1966 26 January 1961 7 August 1947 • Member States that have acceded to the Convention on the Privileaes and Immunities of the Specialized Aaencies and its Annex VII. 146 BASIC DOCUMENTS Spain .................................. . Sri Lanka .......................•.••.... Sudan ................................. . Swaziland .............................. . Sweden• ............................... . Switzerland ............................. . Syrian Arab Republic ................... . Thailand• .............................. . Togo* ................................. . Trinidad and Tobago • ................. . Tunisia• ............................... . Turkey ................................. . Uganda ................................ . Ukrainian SSR ......................... . Union of Soviet Socialist Republics • ...... . United Arab Emirates ................... . United Kingdom of Great Britain and Northern Ireland• ............................. . United Republic of Tanzania * .......... . United States of America ............... . Upper Volta • .......................... . Uruguay ............................... . Venezuela .............................. . Viet-Nam .............................. . Western Samoa ......................... . Yemen ................................. . Yugoslavia* ............................ . Zaire* ................................. . Zambia ................................ . Associate Members Papua New Guinea ..................... . Southern Rhodesia 1 ..................... . 28 May 1951 7 July 1948 14 May 1956 16 April 1973 28 August 1947 26 March 1947 18 December 1946 26 September 1947 13 May 1960 3 January 1963 14 May 1956 2 January 1948 7 March 1963 3 April 1948 24 March 1948 30 March 1972 22 July 1946 15 March 1962 21 June 1948 4 October 1960 22 April 1949 7 July 1948 17 May 1950 16 May 1962 20 November 1953 19 November 1947 24 February 1961 2 February 1965 26 July 1972 16 May 1950 • Member States that have acceded to the Convention on the Privileges and Immunities of the Specialized Aaencles and its Annex VII. 1 Southern Rhodesia's associate membership is regarded as in suspense, BASIC DOCUMENTS - Twenty-third edition Financial Regulations-Amended FINANCIAL REGULATIONS OF THE WORLD HEALTH ORGANIZATION 1 Article I - Applicability 1.1 These regulations shall govern the financial administration of the World Health Organization. Article 11 - The Financial Year 2.1 The financial year shall be the period 1 January through 31 December. Article Ill - The Budget 3.1 The annual budget estimates shall be prepared by the Director- General. 3.2 The annual budget estimates shall cover income and expenditures for the financial year to which they relate, and shall be presented in US dollars. 3.3 The annual budget estimates shall be divided into parts, sections and chapters, and shall be accompanied by such information annexes and explanatory statements as may be requested by, or on behalf of the Health Assembly, and such further annexes or statements as the Director-General may deem necessary and useful. 3.4 The Director-General shall submit the annual budget estimates to the Executive Board for examination at least twelve weeks prior to the opening of the regular session of the Health Assembly and prior to the appropriate meeting of the Executive Board. At the same time, the Director-General shall transmit these estimates to all Members. 3.5 The Executive Board shall prepare a report to the Health Assembly on the annual budget estimates submitted by the Director-General and shall submit these estimates, accompanied by its report, to the Health Assembly. 3.6 The annual budget estimates and the report of the Executive Board shall be transmitted by the Director-General to all Members at least five weeks prior to the opening of the regular session of the Health Assembly. 3. 7 The budget for the following financial year shall be approved by the Health Assembly after consideration and report on the estimates by the appropriate main committee of the Assembly. 1 Text adopted by the Fourth World Health Assembly (resolution WHA4.SO) and amended by the Thirteenth, Eighteenth, Twenty-fifth and Twenty-sixth World Health Assemblies (resolutiooa WHAl3.19, WHAIS.13, WHA2S.14, WHA2S.IS and WHA26.26). - 71- 72 BASIC DOCUMENTS 3.8 Should the Director-General, at the time of the session of the Executive Board that submits the annual budget estimates and its report thereon to the Health Assembly, have information which indicates that there may, before the time of the Health Assembly, be a need to alter the estimates in the light of developments, he shall report thereon to the Executive Board, which shall consider including in its report to the Health Assembly an appropriate provision therefor. 3.9 Should there be developments, subsequent to the session of the Executive Board that considers and submits the annual budget estimates and its report thereon to the Health Assembly, which might necessitate an alteration in the budget proposals, the Director-General shall report the facts to the Health Assembly. 3.10 Supplementary estimates may be submitted to the Board by the Director-General whenever necessary to increase the appropriations previously approved by the Health Assembly. Such estimates shall be submitted in a form and manner consistent with the annual budget estimates. .Article IV - .Appropriations 4.1 The appropriations voted by the Health Assembly shall constitute an authorization to the Director-General to incur obligations and make payments for the purposes for which the appropriations were voted and up to the amounts so voted. 4.2 Appropriations shall be available for obligation for the financial year to which they relate. The Director-General is authorized to charge as an obligation against the annual appropriations : (a) the costs, including transportation, of operational supplies and equipment for which contracts have been entered into prior to 31 December of the financial year; (b) the costs of publications for which complete manuscripts shall have been delivered to and received by the printer prior to 31 December of the financial year; (c) the entire costs relating to short-term consultants whose period of assignment may not have been completed by the end of the financial year; (d) the full estimated cost of a fellowship. The unobligated balance of the appropriations shall be surrendered. 4.3 Appropriations shall remain available for twelve months follow- ing the end of the financial year to which they relate, to the extent FINANCIAL REGULATIONS OP WHO 73 that they are required to discharge obligations in respect of goods supplied and services rendered in the financial year and to liquidate any other outstanding legal obligations of the year. The obligations established under 4.2 (a), (b), (c) and (d) shall remain available for expenditure until these obligations have been fully liquidated. The cash balance of the appropriations shall be surrendered. 4.4 At the end of the twelve-month period provided in regulation 4.3 above, the then remaining balance of any appropriations retained will be surrendered. Any unliquidated prior year obligations shall at that time be cancelled or, where the obligation remains a valid charge, transferred as an obligation against current appropriations. 4.5 The Director-General is authorized with the prior concurrence of the Executive Board or of any committee to which it may delegate appropriate authority, to transfer credits between sections. When the Executive Board or any committee to which it may have delegated appropriate authority is not in session, the Director-General is authorized, with the prior written concurrence of the majority of the members of the Board or such committee, to transfer credits between sections. The Director-General shall report such transfers to the Executive Board at its next session. Article V - Provision of Funds 5.1 The appropriations, subject to the adjustments effected in accord- ance with the provisions of regulation 5.2, shall be financed by con- tributions from Members, according to the scale of assessments deter- mined by the Health Assembly. Pending the receipt of such contribu- tions, the appropriations may be financed from the Working Capital Fund. 5.2 In the assessment of the contributions of Members, adjustments shall be made to the amount of the appropriations approved by the Health Assembly for the following financial year in respect of : (a) Supplementary appropriations for which contributions have not previously been assessed on Members; (b) Miscellaneous income for which credits have not previously been taken into account, and any adjustments in estimated miscellaneous income previously taken into account; (c) Contributions resulting from the assessment of new Members under the provisions of regulation 5.8 ; (d) Any balance of the appropriations surrendered under regulations 4.3 and 4.4. 74 BASIC DOCUMENTS 5.3 After the Health Assembly has adopted the budget and determined the amount of the Working Capital Fund, the Director-General shall: (a) Transmit the relevant documents to Members; (b) Inform Members of their commitments in respect of annual con- tributions and advances to the Working Capital Fund; (c) Request them to remit their contributions and advances. 5.4 Contributions and advances shall be considered as due and payable in full within thirty days of the receipt of the communication of the Director-General referred to in regulation 5.3 above, or as of the first day of the financial year to which they relate, whichever is the later. As of 1 January of the following financial year, the unpaid balance of such contributions and advances shall be considered to be one year in arrears. 5.5 Annual contributions and advances to the Working Capital Fund shall be assessed in US dollars, and shall be paid in either US dollars or Swiss francs; provided that payment of the whole or part of these contributions may be made in such other currency or currencies as the Director-General, in consultation with the Board, shall have determined. 5.6 Payments made by a Member shall be credited first to the Working Capital Fund and then to the contributions due in the order in which the Member was assessed. 5. 7 The Director-General shall submit to the regular session of the Health Assembly a report on the collection of contributions and advances to the Working Capital Fund. 5.8 New Members shall be required to make a contribution for the year in which they become Members and to provide their proportion of the total advances to the Working Capital Fund at rates to be deter- mined by the Health Assembly. Article VI - Funds 6.1 There shall be established a General Fund for the purpose of accounting for the expenditures of the Organization. The contribu- tions paid by Members under regulation 5.1, miscellaneous income, and any advances made from the Working Capital Fund to finance general expenditures shall be credited to the General Fund. 6.2 There shall be established a Working Capital Fund in an amount and for purposes to be determined from time to time by the Health Assembly. The Fund shall be composed of two parts, as follows: Part I : Advances from Members made in accordance with the FINANCIAL REGULATIONS OF WHO 75 scale of assessments as determined by the Health Assembly for the apportionment of the expenses of the World Health Organiza- tion; and Part II : Amounts of casual income to be transferred into the Fund from time to time. The advances made by Members to the Fund shall be carried to the credit of the Members which have made such advances. The amounts paid into the Fund from casual income shall be carried to the credit of the Organization. 6.3 Advances made from the Working Capital Fund to finance budget- ary appropriations during a financial year shall be reimbursed to the Fund as soon as and to the extent that income is available for that purpose. 6.4 Except when such advances are recoverable from some other source, advances made from the Working Capital Fund fQr unforeseen and extraordinary expenses or other authorized purposes shall be reimbursed through the submission of supplementary estimates. 6.S Income derived from investments of the Working Capital Fund shall be credited to miscellaneous income. 6.6 Trust Funds, Reserve and Special Accounts may be established by the Director-General and shall be reported to the Executive Board. 6. 7 The purpose and limits of each Trust Fund, Reserve and Special Account shall be clearly defined by the appropriate authority. Unless otherwise provided by the Health Assembly such Funds and Accounts shall be administered in accordance with the present regulations. 6.8 Profits and losses on exchange shall be credited and debited to miscellaneous income . .Article VII - Other Income 7.1 All other income, except : (a) Contributions to the budget; (b) Direct refunds of expenditures made during the financial year; and (c) Advances or deposits to funds, shall be classed as miscellaneous income, for credit to the General Fund. 7.2 Gifts or bequests, whether or not in cash, may be provisionally accepted by the Director-General, subject to the provisions of Article 57 of the Constitution. 76 BASIC DOCUMENTS 7.3 Moneys accepted for purposes specified by the donor shall be treated as Trust Funds or Special Accounts under regulations 6.6 and 6.7. 7.4 Moneys accepted in respect of which no purpose is specified by the donor shall be credited to an account established for this purpose. Article VIII - Custody of Funds 8.1 The Director-General shall designate the bank or banks in which funds in the custody of the Organization shall be kept. Article IX - Investment of Funds 9.1 The Director-General may invest moneys not needed for immediate requirements. The investment of moneys standing to the credit of any Trust Fund, Reserve or Special Account shall be subject to any directives of the appropriate authority. 9.2 At least once a year the Director-General shall include in the financial statements submitted to the Health Assembly a statement of the investments currently held. 9.3 Income from investments shall be credited to the Fund or Account from which the invested moneys derive unless otherwise provided in the regulations, rules or resolutions relating to that Fund or Account. Article X - Internal Control 10.1 The Director-General shall : (a) Establish detailed financial rules and procedures in order to ensure : (i) Effective financial administration and the exercise of economy; and (ii) Effective custody of the physical assets of the Organization; (b) Except where advance or progress payments are specifically provided for in the contract, as may be required by normal commercial practice and the interests of the Organization, ensure that all payments are made on the basis of supporting vouchers and other documents which show that services or goods have been received and have not previously been paid for; (c) Designate the officers who may receive moneys, incur commitments or obligations and make payments on behalf of the Organization; FINANCIAL REGULATIONS OF WHO 77 (d) Maintain an internal financial control and internal audit which shall provide an effective current examination and/or review of financial transactions in order to ensure : (i) The regularity of the receipt, custody and disbursement of all funds and other resources of the Organization; (ii) The conformity of commitments or obligations and expen- ditures with the appropriations or other financial provisions voted by the Health Assembly or with the purposes, rules and provisions relating to the Fund concerned; and (iii) The economical use of the resources of the Organization. 10.2 Commitments or obligations shall not be incurred and payments shall not be made unless an appropriate authorization has been made in writing under the authority of the Director-General. 10.3 The Director-General may make such ex gratia payments as he deems to be necessary in the interest of the Organization. A statement of such payments shall be submitted with the final accounts. 10.4 The Director-General may, after full investigation, authorize the writing-off of losses of cash, supplies, equipment and other assets, other than arrears of contributions. A statement of all such losses written off during the financial period shall be submitted to the External Auditor(s) with the final accounts. 10.5 The Director-General shall establish rules for the procurement of equipment, supplies and other requirements, including rules governing the invitation of tenders. Article XI - The Accounts 11.1 The Director-General shall maintain such accounts as are necessary and shall prepare final accounts for each financial period showing : (a) The income and expenditure of all funds; (b) The status of appropriations, including : (i) The original budget appropriations; (ii) Any supplementary appropriations; (iii) The appropriations as modified by any transfers; (iv) Credits, if any other than the appropriations voted by the Health Assembly; 78 BASIC DOCUMENTS (v) The amounts charged against the appropriations and against any other credits; (c) Statements of assets and liabilities at the close of the financial period. He shall also give such other information as may be necessary to indicate the current financial position of the Organization. 11.2 Appropriate separate accounts shall be maintained in respect of all Trust Funds, Reserves and Special Accounts. 11.3 The final accounts of the Organization shall be presented in US dollars. The accounting records may, however, be kept in such currency or currencies. as the Director-General may deem necessary. 11.4 The final accounts shall be submitted to the External Auditor(s) not later than 31 March following the end of the period to which they relate. Article XII - External Audit 12.1 External Auditor(s), each of whom shall be the Auditor-General (or officer holding equivalent title or otherwise qualified) of a Member Government, shall be appointed by the Health Assembly, in the manner decided by the Assembly. Auditor(s) appointed may be removed only by the Assembly. 12.2 Subject to any special direction of the Health Assembly, each audit which the Auditor(s) is/are required to make shall be conducted in conformity with generally accepted common auditing standards and in accordance with the. Additional Terms of Reference set out in the appendix to these regulations. 12.3 The External Auditor(s) may make observations with respect to the efficiency of the financial procedures, the accounting system, the internal financial controls and, in general, the administration and management of the Organization. 12.4 The External Auditor(s) shall be completely independent and solely responsible for the conduct of the audit. 12.5 The Health Assembly may request the Auditor(s) to perform certain specific examinations and issue separate reports on the results. 12.6 The Director-General shall provide the External Auditor(s) with the facilities he/they may require in the performance of the audit. FINANCIAL REGULATIONS OF WHO 79 12.7 For the purpose of making a local or special examination or for effecting economies of audit cost, the Auditor(s) may engage the services of any national Auditor-General (or equivalent title) or com- mercial public auditors of known repute or any other person or firm who, in the opinion of the Auditor(s), is technically qualified. 12.8 The Auditor(s) shall issue a report on the audit of the financial statements and relevant schedules which shall include such information as he/they deem necessary in regard to financial regulation 12.3 and the Additional Terms of Reference. 12.9 The report(s) shall be transmitted through the Executive Board, together with the audited financial statements, to the Health Assembly not later than 1 May following the end of the financial year to which the accounts relate. The Executive Board shall examine the financial statements and the audit report(s) and shall forward them to the Health Assembly with such comments as it deems necessary. Article XIII - Resolutions involving Expenditures 13.1 Neither the Health Assembly nor the Executive Board shall take a decision involving expenditures unless it has before it a report from the Director-General on the administrative and financial implications of the proposal. 13.2 Where, in the opinion of the Director-General, the proposed expenditure cannot be made from the existing appropriations, it shall not be incurred until the Health Assembly has made the necessary appropriations, unless the Director-General certifies that provision can be made under the conditions of the resolution of the Health Assembly relating to unforeseen and extraordinary expenses. Article XIV - Delegation of Authority 14.1 The Director-General may delegate to other officers of the Organ- ization such authority as he considers necessary for the effective im- plementation of these Regulations. Article XV - General Provisions 15.1 These regulations shall be effective as of the date of their approval by the Health Assembly, and may be amended only by the Health Assembly. 80 BASIC DOCUMENTS 15.2 In case of doubt as to the interpretation and application of any of the foregoing regulations, the Director-General is authorized to rule thereon, subject to confirmation by the Executive Board at its next session. Article XVI - Special Provisions 16.l The Director-General shall report annually to the Health Assembly such financial rules and amendments thereto as he may make to implement these regulations, after confirmation by the Board. Appendix ADDITIONAL TERMS OF REFERENCE GOVERNING THE EXTERNAL AUDIT OF THE WORLD HEALTH ORGANIZATION 1. The Auditor(s) shall perform such audit of the accounts of the World Health Organization, including all trust funds and special accounts, as he/they deem necessary in order to satisfy himself/themselves: (a) that the financial statements are in accord with the books and records of the Organization; (b) that the financial transactions reflected in the statements have been in accord- ance with the rules and regulations, the budgetary provisions, and other applicable directives; (c) that the securities and moneys on deposit and on hand have been verified by the certificates received direct from the Organization's depositaries or by actual count; (d) that the internal controls, including the internal audit, are adequate in the light of the extent of reliance placed thereon; (e) that procedures satisfactory to the Auditor(s) have been applied to the re- cording of all assets, liabilities, surpluses and deficits. 2. The Auditor(s) shall be the sole judge as to the acceptance in whole or in part of certifications and representations by the Secretariat and may proceed to such detailed examination and verification as he/they choose(s) of all financial records including those relating to supplies and equipment. 3. The Auditor(s) and his/their staff shall have free access at all convenient times to all books, records and other documentation which are, in the opinion of the Audi- tor(s), necessary for the performance of the audit. Information classified as privileged and which the Secretariat agrees is required by the Auditor(s) for the purposes of the audit, and information classified as confidential, shall be made available on application. FINANCIAL REGULATIONS OF WHO 81 The Auditor(s) and his/their staff shall respect the privileged and confidential nature of any information so classified which has been made available and shall not make use of it except in direct connexion with the performance of the audit. The Auditor(s) may draw the attention of the Health Assembly to any denial of information classified as privileged which, in his/their opinion, was required for the purpose of the audit. 4. The Auditor(s) shall have rio power to disallow items in the accounts but shall draw to the attention of the Director-General for appropriate action any transaction concerning which he/they entertain(s) doubt as to legality or propriety. Audit objections, to these or any other transactions, arising during the examination of the accounts shall be immediately communicated to the Director-General. S. The Auditor(s) shall express and sign an opinion in the following terms: I/We have examined the following appended financial statements, numbered ..• to ... properly identified, and relevant schedules of the World Health Or- ganization for the year ended 31 December... . My/Our examination included a general review of the accounting procedures and such tests of the accounting records and other supporting evidence as I/we considered necessary in the circum- stances. As a result of my/our examination I/we am/are of the opinion that the financial statements properly reflect the recorded financial transactions for the year, which transactions were in accordance with the Financial Regulations and legislative authority and present fairly the financial position as at 31 December ... adding, should it be necessary: subject to the observations in my/our foregoing report. 6. The report of the Auditor(s) on the financial statements should mention: (a) The type and scope of his/their examination; (b) Matters affecting the completeness or accuracy of the accounts, including where appropriate: (i) Information necessary to the correct interpretation of the accounts; (ii) Any amounts which ought to have been received but which have not been brought to account; (iii) Any amounts for which a legal or contingent obligation exists and which have not been recorded or reflected in the financial statements; (iv) Expenditures not properly substantiated; (v) Whether proper books of accounts have been kept. Where in the presentation of statements there are deviations of material nature from the generally accepted accounting principles applied on a consistent basis, these should be disclosed. (c) Other matters which should be brought to the notice of the Health Assembly such as: (i) Cases of fraud or presumptive fraud; (ii) Wasteful or improper expenditure of the Organization's money or other assets (notwithstanding that the accounting for the transaction may be correct); 82 BASIC DOCUMENTS (iii) Expenditure likely to commit the Organization to further outlay on a large scale; (iv) Any defect in the general system or detailed regulations governing the control of receipts and disbursements, or of supplies and equipment; (v) Expenditure not in accordance with the intention of the Health Assembly, after making allowance for duly authorized transfers within the budget; (vi) Expenditure in excess of appropriations as amended by duly authorized transfers within the budget; (vii) Expenditure not in conformity with the authority which governs it. (d) The accuracy or otherwise of the supplies and equipment records as deter- mined by stock-taking and examination of the records. In addition, the reports may contain reference to: (e) Transactions accounted for in a previous year, concerning which further information has been obtained, or transactions in a later year concerning which it seems desirable that the Health Assembly should have early knowledge. 7. The Auditor(s) may make such observations with respect to his/their findings resulting from the audit and such comments on the financial report as he/they deem(s) appropriate to the Health Assembly or to the Director-General. 8. Whenever the Auditor's(s') scope of audit is restricted, or he/they is/are unable to obtain sufficient evidence, the Auditor(s) shall refer to the matter in his/their report, making clear the reasons for his/their comments and the effect on the financial position and the financial transactions as recorded. 9. In no case shall the Auditor(s) include criticism in his/their report without first affording the Director-General an adequate opportunity of explanation on the matter under observation.