Second Alternative 1. The Executive Board shall consist of fifteen Members of the Organization elected by the Conference, five of whom shall be eligible for immediate re-election. 2. Subject to the provisions of paragraph 3 of this article, one third of the members of the Executive Board shall be elected each year for a term of three years. 3. At the first election, fifteen members of the Executive Board shall be chosen. The term of office of five members shall expire at the end of one year, and of five other members at the end of two years, in accordance with arrangements made by the Conference. 4. Each member of the Executive Board shall have one representative and may appoint alternates and advisers to its representative. Third Alternative 1. The Executive Board shall consist of fifteen Members of the Organization elected by the Conference. By virtue of their economic importance, six Members shall be appointed as permanent members; nine other Members shall be granted non-permanent seats. The total number of seats may be increased by a decision of the Conference taken with a two-thirds majority of its members. 2. The non-permanent members of the Executive Board shall be chosen for a period of three years. At the first election of the nonpermanent members, three members shall be elected for a term of one year and three others for a term of two years. A retiring member shall not be eligible for immediate re-election. 3. These elections shall take place in accordance with arrangements to be approved by the Conference with a two-thirds majority of its members. 4. Each member of the Executive Board shall have one representative who may appoint alternates and advisers. Fourth Alternative 1. The Executive Board shall consist of 20 Members of the Organization. 2. Subject to the provisions of paragraph 3 of this article one half of the members of the Executive Board shall serve for a term of five years and shall be appointed by the Members of the Organization having the largest share in the world trade and belonging to the following trade groups: Europe (two directors), North America (two directors), Latin America (two directors), Asia (two directors), Oceania (one director), and Africa (one director). Any change in the relative position in world trade of Members shall be taken into consideration at the end of each term of five years. 3. One half of the members of the Executive Board shall be elected annually by members of the Conference other than those entitled to appoint a member of the Board in accordance with the provisions of paragraph 2. A retiring member shall be eligible for immediate re-election. 4. The Conference, upon the recommendation of the Executive Board, shall establish procedures for the purpose of carrying out the provisions of this article. 5. Each member of the Executive Board shall have one representative and may appoint alternates and advisers to its representatives, Article 69. Voting 1. Each member of the Executive Board shall have one vote.5 2. Decisions of the Executive Board shall be made by a majority of members present and voting. Article 70. Sessions, Procedures, and Officers 1. The Executive Board shall adopt its own rules of procedure, including rules concerning the convening of its sessions. 2. The Executive Board shall annually elect its chairman and other officers who shall be eligible for re-election. 3. The chairman of the Executive Board, as such, shall be entitled to participate, without the right to vote, in the deliberations of the Conference. 4. Any Member of the Organization which is not a member of the Executive Board shall be invited to send a representative to any discussion by the Board of a matter of particular and substantial concern to that Member. Such representative shall, for the purpose of such discussion, have all the rights of members of the Board, except the right to vote. Article 71. Powers and Duties 1. The Executive Board shall be responsible for the execution of the policies of the Organization and shall exercise the powers delegated to it by the Conference. It shall supervise the activities of the commissions provided for in this Charter and shall take such action upon their recommendations as it may deem appropriate. It shall provide adequate machinery to review the work of the Organization as it relates to industrialization and general economic development. 2. The Executive Board may make recommendations to the Conference, to Members of the Organization, or to other international tion and shall approve the preliminary agenda of the Conference. organizations, on any subject falling within the scope of the Organiza3. The Executive Board may recommend to the Conference the admission of new Members of the Organization. 4. The Executive Board may refer to the commissions such questions as it may deem appropriate. See footnote to art. 68. SECTION E. The Commissions Article 72. Establishment The Conference shall establish a Commission on Commercial Policy, a Commission on Business Practices, and a Commodity Commission, and may establish such other commissions as may be required. These commissions shall be responsible to the Executive Board. Article 73. Composition and Procedure 1. The commissions shall be composed of persons invited by the Executive Board and qualified by training or experience to carry out the functions of the commissions in accordance with the purposes of the Organization. 2. The number of members of each commission and the conditions of service of the members of each commission shall be determined in accordance with regulations prescribed by the Conference. 3. Each commission shall elect its chairman and adopt its own rules of procedure, subject to approval by the Executive Board. 4. The chairmen of the commissions shall be entitled to participate, without the right to vote, in the deliberations of the Executive Board and of the Conference. 5. As set forth more fully in paragraph 2 of article 81, the Organization may make arrangements for representatives of other intergovernmental organizations having a special interest in the activities of any of the commissions to participate in the work of such commissions, pursuant to agreements with these organizations. Article 74. General Functions The commissions shall have the functions set forth in articles 75, 76, and 77, and shall perform such other functions as the Conference or the Executive Board may assign to them, including such functions as the Executive Board may deem appropriate in connection with the settlement of disputes. Article 75. Functions of the Commission on Commercial Policy [The Commission on Commercial Policy shall have the following functions: [1. To investigate and to advise the Executive Board regarding the operation of treaties, agreements, practices and policies affecting international trade. [2. To investigate and to advise the Executive Board regarding the economic aspects of specific proposals involving the exercise by the Organization of the functions described in sub-paragraph 3 (a) of, Article 61 and paragraph 2 of Article 66. [3. To investigate and to advise the Executive Board regarding the economic aspects of proposed customs unions. [4. To develop and to recommend to the Executive Board programs designed to further the objectives of the Organization in the general field of commercial policy, including cooperative projects of a technical nature in the field of commercial policy.] Article 76. Functions of the Commission on Business Practices The Commission on Business Practices shall have the following functions: 1. In accordance with article 40 to: (a) Arrange, at the request of a Member, consultative conferences with other Members and make appropriate reports for communication at the discretion of the Executive Board to all Members; (b) Receive and consider written complaints concerning restrictive business practices in international trade; (c) Prescribe minimum information required in such complaints; (d) Notify Members of complaints received and request information relative to such complaints; (e) Request further data from Members and conduct or arrange for hearings; (Report to the Executive Board its findings and its recommendations of remedial measures; (9) Request reports from Members on the action taken as a result of recommendations made to them by the Executive Board; and (h) Prepare reports for publication by the Executive Board. 2. In accordance with article 41, and subject to the approval of the Executive Board, to conduct studies relating to business practices which restrain competition, restrict access to markets, or foster monopolistic control in international trade, or relating to international conventions or national laws and procedures designed to carry out the objectives of article 40 or to those which may effect such objectives, and to make recommendations when appropriate to the Executive Board for action by Members. 3. To advise the Executive Board as to information and other Imaterials to be obtained from Members or other sources in the discharge of the duties and responsibilities of the Commission. 4. To perform such other functions pursuant to the objectives of as may be assigned to it from time to time by the chapter VI Executive Board. Article 77. Functions of the Commodity Commission [The Commodity Commission shall have the following functions: [1. To investigate commodity problems and arrangements proposed for solving them. [2. To recommend to the Executive Board appropriate courses of action relating to commodity problems, including recommendations for the establishment of Study Groups for particular commodities. Such Study Groups shall be established, pursuant to paragraphs 1 and 2 of Article 48, by the Executive Board, upon the recommendation of the Commodity Commission, for the purpose of investigating problems with respect to particular commodities. The Study Groups shall include, in addition to representatives of interested countries, one or more members of the Commodity Commission or other persons designated by the Commission. [3. To advise the Executive Board whether a particular commodity is in burdensome surplus, subject to such procedures as may be established under paragraph 6 of Article 66. [4. To recommend to the Executive Board whether an intergovernmental conference should be convened pursuant to Article 49. [5. To designate members of the Commission, or others, to participate in an advisory capacity in the formulation of intergovernmental commodity agreements. [6. To advise the Executive Board whether or not intergovernmental commodity agreements under consideration by Members conform to the principles set forth in Chapter VII and to make recommendations to the Executive Board thereon. [7. To approve the rules of procedure governing the activities of each Commodity Council. [8. To designate the Chairman and provide the Secretary for any Commodity Council established to administer an intergovernmental commodity agreement. [9. To receive reports from Commodity Councils; to maintain continuous review of the operation of intergovernmental commodity agreements in the light of the terms of the agreements, the commodity principles in Chapter VII of this Charter, and the general welfare; to investigate such matters in this connection as it may deem appropriate; and to make recommendations to the Executive Board with regard thereto.] SECTION F. The Secretariat 1. The Secretariat shall consist of a Director General and such staff as may be required. The Preparatory Committee did not draft an article on this subject, but annexure B, which is taken from the Preparatory Committee's report, shows what the Committee envisaged the functions of the Commodity Commission would be. |