Statutes of the agency

As supplemented and amended and ratified by the Trusteeship Committee and the Board of Directors At their respective meetings on the margins of the twentieth session of the Alquds Committee held in Marrakech - Kingdom of  Morocco on 17-18 January 2014

 

CONTENTS

 

 

Preamble

 

CHAPTER ONE : ESTABLESHMENT- HEADQDUARTERS- OBJECTIVES.

 

Article 1 : Establishment

Article 2 : Headquarters

Article 3 : Objectives

 

CHAPTER TWO : FUNCTIONING

 

Article 4 : Budgetary period

Article 5 : Management and Control Bodies

 

A- Trusteeship Committee

 

Article 6 : Membership

Article 7 : Chairmanship and Meetings 

Article 8 : Functions

Article 9 : Deliberations and decisions

Article 10 : Administrative and Financial Reports

Article 11 : Appointment of Director and Assignment of Duties

 

B- Board of Directors

 

Article 12 : Membership

Article 13 : The Bureau and Meetings

Article 14 : Functions

Article 15 : Deliberations and Decisions

 

CHAPTER THREE :  RESOURCES AND ASSETS

 

Article 16 : Resources

Article 17 : Assets

 

CHAPTER FOUR :  ACCOUNTS AND AUDIT

 

Article 18 : Accounts

Article 19 : Audit


CHAPTER FIVE :  RULES OF PROCEDURE

 

Article 20 : Rules of Procedure

 

CHAPTER SIX : GENERAL PROVISIONS

 

Article 21 : Clearance and Assistance

Article 22 : Fiscal Regulations

Article 23  : Customs Regulations

Article 24 : immunities

 

CHAPTER SEVEN : TRANSATIONAL PROVISIONS

 

Article 25 : Bayt Mal End of Mission

 

BAYT MAL AL QODS ACHARIF

S T A T U T E S

 

PREAMBLE

 

            In accordance with the relevant provisions of the resolution adopted by the Sixth Conference of  Foreign Ministers of Islamic countries, held in Jeddah (Kingdom of Saudi Arabia ) from 3 to 6 Rajab 1395 H ( 12-15 July 1975) , calling for the establishement of Al Qods Committee,

 

            In persuance of Recommendation n°13 as adopted by Al Qods Committee in its 15 the session, held on 15 and 16 Shaaban 1415 H ( 16-17 January 1995)in Ifrane, kingdom of Morocco,

 

            In confirmation of the contents of  the final communique and the recommendations of the 15 the session of Al Qods Committee as regards the fact that the city of Al Qods constitutes an  integral part of the Palestinian territories occupied in 1967 and should, as such, be placed once more under Palestinian sovereignty as the capital city of the state of Palestine,

 

            In consideration of  the fact that Al Qods is the primary concern of the Islamic Umma and  that Israel is still occupying and judaizing the city of Al Qods Acharif, seeking hence to alter its cultural Arab, Islamic and Christian monuments,

 

            On the initiative of His Majesty King Hassan II, King of Morocco, Chairman of Al Qods Committee and President of the Seventh Islamic Summit Conference, calling for the setting up of a financial institution in the form of an Agency named « Bayt Mal of Al Qods Acharif », with a view to mobilising materiel and financial resources in defence of the inalienable national Palestinian rights over the city of  Al Qods Acharif as capital of the state of Palestine, and for the safeguard of its civilizational, religious, cultural and architectural heritage.

 

 

            Following the satisfaction expressed by the Twenty-third Conference of Foreign Ministers of Islamic Countries held on 17 - 21 Rajab 1416 H (9-13 December 1995) on Conakry, regarding the initiative taken by his Majesty King Hassan II, King of Morocco, President of the Seventh Islamic Summit Conference and Chairman of Al Qods Committe, for the establishment of the Agency, « Bayt Mal of Al Qods Acharif » .

 

            And considering the approval by the Member States of the draft statutes for« Bayt Mal of Al Qods Acharif » , which was submitted for consideration to the Member States by his Majesty King Hassan II, Chairman of Al Qods Committee :

 

            A financial institution is set up the organisation of Islamic Conference member States in the form of an agency governed by the present statute.

 

 

CHAPTER ONE :  ESTABLISHEMENT - HEADQUARTERS- OBJECTIVES.

 

Article 1 : Establishement

 

            An Agency named « Bayt Mal of Al Qods Acharif » shall be set up for the         Member States of the Organisation of the Islamic Conference .

 

Article 2 : Headquarters

 

            The Agency shall have its headquarters in the city of Rabat, which hosts the        Chairmanship of the Al Qods Standing Committee.

 

Article 3 : Objectives

 

            The Agency’s objectives include :

 

- relief to the Holy City of Al Qods Al-Sharif,

- assistance and support to Palestinian population and institutions in the Holy City,

         -        Protection of Holy Al Aqsa Mosque and of the other holy sites of the City; safeguard and restoration of the City’s civilizational, religious, cultural and architectural heritage

 

            To achieve these objectives, the Agency shall mobilise the necessary materiel and financial resources as provided for under Articles 16 and 17 hereafter .

 

CHAPTER TWO : FUNCTIONING

 

Article 4 : Budgetary period

 

a- The budgetary period of the Agency shall consist of 12 months starting on the     1st of January and ending ion the 31st of December of the same year.

              b- Exceptionally, the first budgetary period shall run from the date of approval   of the present Statutes to the 31st of December of the same year.

 

Article 5 : Management and Control Bodies

 

            The Agency shall operated by two bodies : a Trusteeship Committee , to be attended by a Director in charge of the administration and management of the Agency, and a Board of Directors in charge of supervising the Agency.

 

A- Trusteeship Committee

 

Article 6 : Membership

 

              The Trusteeship Committee shall be made of five Foreign Ministers, members of Al Qods Committee, with two of them as permanent members, namely :

 

            -The State of Palestine, being directly concerned,

-          The Kingdom of Morocco, the Seat of Al Qods Committee.

 

Three members shall be elected for a period of three years by their colleagues of Al Qods Committee on the basis of regional representation : one seat for Africa, one for Asia and one for the Arab world.

            The Secretary General of the Organisation of the Islamic Conference shall take part in the Committee’s meetings.

 

Article 7 : Chairmanship and Meetings

 

1- The Trusteeship Committee shall elect its Chairman among its members for a period of three years renewable and a reporter for a period of one year renewable once once.

2- The President shall convene the Committee as he deems fit, at least once a year.

He may also convene it for an extraordinary session if necessary.

3- The Chairman shall draw up an agenda for the six-monthly meeting. Each       member of the Committee shall have the right to introduce other items on the     agenda of this meeting.

4- The agenda of the extraordinary meeting shall be devoted solely to the urgent             matter for which the Committee is convened.

5- The Chairman of Al Qods Committee may convene the Trusteeship Committee whenever he deems it fit.

 

Article 8 : Functions

 

            The Committee shall be empowered to :

 

1- prepare the annual action paln and budget of the Agency and submit them to    the Board of Directors for approval,

2- ensure their implementation and follow-up,

3- ensure the administration and management of the Agency,

4- appoint the Director and entrust him with such powers as it deems necessary,

5- set up representations or offices where it deems necessary.

 

Article 9 : Deliberations and Decisions

 

1- The Committee shall not deliberate at its periodic or extraordinary meetings    unless three of its members at least are present. The member who failed to attend     shall justify his absence.

2- When all members attend, decisions shall be taken by majority vote. In case    only three ministers attend, decisions shall be taken unanimously. In case votes        are even, that of the Chairman is preponderant.

 

Article 10 : Administrative and Finantial Reports

 

            The Trusteeship Committee shall prepare, on an annual basis, a progress report showing the activities carried out by the Agency. It shall also submit its closing accounts and show collected resources and expanditures for adopted projects.

 

Article 11 : Appointment of Director and Assignment of Duties.

 

1-      The Trusteeship Committee shall appoint a General Director to manage its affairs and its activities.

The Committee shall also appoint a Deputy General director to assist him in the accomplishment of his task and to discharge its duties during his absences

2- The General Director shall discharge the duties entrusted to him by the Committee.

3- He shall prepare verbatim reports for the meetings of the Board of Directors    and ensure secretaryship for the Trusteeship Committee.

4- He shall prepare the draft of the annual budget in conformity with the             instructions of the Trusteeship Committee.

5- He shall keep the Agency’s account books, its correspondence and administrative files.

6- He shall represent the Committee before the administrative and judiciary authorities.

7- He attends the meetings and deliberations of the Trusteeship committee and of the Board of directors, he presents a report on the Agency’s activities carried out between two sessions, he answers questions and investigations from the Ministers relating to the agency’s action and budget, he implements the resolutions of the Committee and of the Board of Directors, and carries out the duties entrusted to him in the framework of plans and programs agreed upon.

 

B-Board of Directors

 

Article 12 : Membership

 

            The Board of Directors shall be made of Finance Ministers of all the Member States of Al Qods Committee with the participation of the OIC Secretary General

Article 13: The Bureau and Meetings

1- In its first meeting, the Board shall elect from among its members, a chairman,            a vice-chairman and a reporter for a renewable three-year term.

2- A year in this context means the period between an annual meeting of the Board and the following one.

3- The Board shall meet in Morocco at least once a year. The meetings shall be convened by the Chairman; if not, by the vice-chairman, or at the request of a   quarter of the Board’s members.

4- The meetings of the Board shall be presided over by its chairman; if not, by the vice-chairman, or by a provisional chairman elected by the Board in case both         Chairman and vice-chairman are absent.

5- Meetings may also be summoned by the Chairman of Al Qods Committee whenever it is necessary. These meetings may be held under his chairmanship.

 

Article 14 : Functions

 

            The Board of Directors shall be empowered to :

1- Approve the annual action-plan and budget submitted to it by the Trusteeship             Committee,

2- Appoint auditors and seek their opinion en the progress report of the    Trusteeship Committee and on the annual accounts of the Agency as well as their   comments on the half-yearly accounts,

3- Take decision on the progress report and the annual accounts of the Agency, as submitted by the Trusteeship Committee.

 

Article 15 : Deliberations and decisions

 

            The Board shall deliberate only if the majority of its members attend.

            Decisions shall be taken by the majority of the members attending. In case of a tie, the vote of the Chairman shall prevail.


 

CHAPTER THREE : RESOURCES AND ASSETS

 

Article 16 : Resources

 

1- The resources of the Agency shall be made up of :

a-  Mandatory contributions of the OIC Member States at the rates to be determined by the member states to support the Agency's budget and its projects.

b- donations, gifts from public and private institutions, charity associations, Arab, Islamic and other communities as well as individual entities.

c- Proceeds and income from its asserts and property.

 

2- Such resources and others shall be collected in all countries whether they be or            not members of the Organisation of the Islamic Conference.

 

Article 17 : Assets

 

            The Agency may, anywhere, purchase, receive in its ownership and have at its disposal any movable property and real estate which are useful for the implementation of its objectives in conformity with the OIC Agreement on immunities and privileges.

 

CHAPTER FOUR : ACCOUNTS AND AUDIT

 

Article 18 : Accounts

 

            The Agency shall keep its books in accordance with international norms and standards applicable to non-profit-making organisations.

There shall be :

1- a half - yearly provisional statement of assets, resources and their uses,

2- Yearly financial statements showing the nature and the ammonut of the assts         as well as the resources of the Agency and the purposes for which they were used.

 

Article 19 : Audit

 

1- The Board of Directors shall appoint, each year, one or several audit firms to        carry out all verification, investigation and checking tasks in accordance with international standards, in order to give an opinion on the progress report and     the annual accounts submitted by the Trusteeship Committee to the Board of             Directors.

 

2- The audit firm(s) shall also give an opinion on the half yearly or annual        accounts submitted by the Trusteeship Committee to the Board of Directors      regarding the results of its proceedings and activities.

 

CHAPTER FIVE : RULES OF PROCEDURE

 

Article 20 : Rules of Procedure

 

1- The Trusteeship Committee and the Board of directors shall draft their own rules of procedure during the first three months after they start their action..

2- The purpose of these two rules of procedures is to set the necessary measures for the implementation of the present statutes and to determine a procedure for conducting operations in connection with the objectives of the Agency

 

 

CHAPTER SIX : GENERAL PROVISIONS

 

Article 21 : Clearance and Assistance

 

            Member States of the OIC shall authorize the Agency to carry out in their respective territories all activities related to its objectives; they pledge their support and assistance to the Agency in conformity with the OIC Agreement on immunities and privileges.

 

Article 22 : Fiscal Regulations

 

a- Income, proceeds and assets of the Agency and its representations and offices, as well as all gifts, donations, subsidies or contributions received by the Agency shall be exempted from all taxes and dues, whether direct or indirect, which are applicable in the Member States of the OIC.

b- Staff members, employees and representatives of the Agency shall, in the territories of Member States , benefit from the most advantageous fiscal system applied by the host country to staff members and employees of international organisations.

c- Member States pledge to apply to their taxpayers who wish to make donations, gifts or contributions to the Agency, the best fiscal system they have under local legislation.

 

Article 23 : Customs Regulations

 

            Goods, wares and products which are meat for operating the Agency, its representations and its offices or for achieving its objectives, shall be exempted from all import and export taxes and dues in the Member States of the OIC.

 

Article 24 : Immunities

 

            Mail and documents belonging to the Agency or issued by it or sent to it shall benefit from such immunities and privileges as stipulated in the OIC Charter.

 

CHAPTER SEVEN : TRANSITIONAL PROVISIONS

 

Article 25 : Bayt Al Mal End of Mission

 

            The mission of the Agency ‘’Bayt Mal Al Qods Acharif’’ comes to an end with the liberation of Al Qods and its coming again under the Arab Palestinian sovereignty. All movable and real estate properties shall be handed over to the independent Palestinian State whose capital city is Al Qods Al-Sharif.

 

 

 

 

  


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