AGREEMENT ON THE NETWORK OF AQUACULTURE CENTRES IN  
ASIA AND THE PACIFIC 

Bangkok, 8 January 1988 


The Contracting Parties, 

Conscious of the paramount importance of fisheries as an  
essential sector of development in the Asia-Pacific region; 

Recognizing that aquaculture plays a vital role in the  
promotion and better use of fishery resources; 

Recognizing that the establishment and maintenance of a  
network of aquaculture centres in the region can make a  
significant contribution to the development of aquaculture; 

Considering that the success of such a network will depend  
largely on close regional co-operation; 

Considering that co-operation in this field can best be  
achieved through the establishment of an intergovernmental  
organization carrying out its activities in collaboration with  
other governments as well as organizations and institutions  
that may be able to provide financial and technical support; 

Have agreed as follows: 


Article 1 

ESTABLISHMENT 

The Contracting Parties hereby establish the Organization for  
the Network of Aquaculture Centres in Asia and the Pacific  
(NACA) with the objectives and functions set out hereinafter. 


Article 2 

DEFINITIONS 

For the purpose of this Agreement: 

 "Aquaculture" means the farming of aquatic organisms. 

"Donor Government" means a government, other than a Member  
Government, which makes a substantial contribution to the  
activities of the Organization and has concluded an agreement  
pursuant to Article 15 of this Agreement. 

"Member" means a government which is a contracting party to  
this Agreement. 

"National centre" means an aquaculture institution  
designated by a Member to serve as national focal point for  
linkage with NACA. 

"Organization" means the Organization for the Network of  
Aquaculture Centres in Asia and the Pacific (NACA). 

"Regional centre" means an aquaculture institution in the  
Asia-Pacific region selected by the Members to serve as a lead  
centre to share in the regional activities and  
responsibilities of NACA. 


Article 3 

OBJECTIVES 

1. The objectives of the Organization shall be to assist the  
Members in their efforts to expand aquaculture development  
mainly for the purpose of:  

(a) increasing production; 

(b) improving rural income and employment;  

(c) diversifying farm production; and 

(d) increasing foreign exchange earnings and savings. 

2. In order to facilitate the achievement of the foregoing  
objectives, the Organization shall: 

(a) consolidate the establishment of an expanded network of  
aquaculture centres to share the responsibility of research,  
training and information exchange essential to aquaculture  
development in the region; 

(b) strengthen institutional and personal links among national  
and regional centres through the exchange of technical  
personnel, technical know-how and information; 

(c) promote regional self-reliance in aquaculture development  
through Technical Co-operation among Developing Countries  
(TCDC); and 

(d) promote the role of women in aquaculture development. 


Article 4 

FUNCTIONS 

In order to achieve its objectives, the Organization shall: 

(a) conduct disciplinary and interdisciplinary research on  
selected aquafarming systems for adaptation or improvement of  
technologies, and for the development of new technologies; 

(b) train and upgrade core personnel needed for national  
aquaculture planning, research, training, extension and  
development; 

(c) establish a regional information system to provide  
appropriate information for development planning, research and  
training; 

(d) assist Members in strengthening their national centres  
linked to the regional centres; 

(e) assist the national centres of Members in testing and  
adapting existing technology to local requirements and in the  
training of technicians, extension workers and farmers at the  
national level; 

(f) transfer to the Members appropriate aquaculture  
technologies and techniques developed at regional centres; 

(g) facilitate the exchange of national experts, technical  
know-how and information within the framework of TCDC; 

(h) develop programmes for the promotion of women's  
participation in aquaculture development at all levels; 

(i) assist Members in feasibility studies and project  
formulation; and 

(j) undertake such other activities related to the objectives  
of the Organization as may be approved by the Governing  
Council. 


Article 5 

SEAT 

1. The Seat of the Organization shall be determined by the  
Governing Council, subject to the consent of the Member  
concerned. 

2. The Host Government shall provide free of charge or at a  
nominal rent, such accommodation and facilities as are  
necessary for the efficient conduct of work at the Seat of the  
Organization. 

3. If necessary, the Governing Council may establish  
subsidiary offices, subject to the consent of the Members  
concerned; in so doing account should be taken of the  
possibility of utilizing accommodation in existing centres. 


Article 6 

MEMBERSHIP 

1. The Members of the Organization shall be the Contracting  
Parties to this Agreement. 

2. The original Members of the Organization shall be the  
Governments in Asia and the Pacific invited to the Conference  
of Plenipotentiaries at which this Agreement was adopted,  
which have ratified the Agreement or have acceded thereto. A  
list of invited Governments is given in the Annex to this  
Agreement. 

3. The Governing Council of the Organization may, by a  
majority of not less than two-thirds of the Members, authorize  
any Government not referred to in paragraph 2 above, which has  
submitted an application for membership, to accede to this  
Agreement as in force at the time of accession, in accordance  
with Article 16, paragraph 3. 


Article 7  

RIGHTS AND OBLIGATIONS OF MEMBERS 

1. Members shall, in accordance with this Agreement, have the  
right: 

(a) to attend the meetings of the Governing Council and other  
appropriate meetings that may be called by the Organization; 

(b) to obtain on request, free of charge within reasonable  
limits, information available within the Organization, on  
matters of their concern, including guidelines for obtaining  
technical assistance, and collaboration in the study of their  
problems; and 

(c) to receive free of charge publications and other  
information that may be distributed by the Organization. 

2. Members shall, in accordance with this Agreement, have the  
following obligations: 

(a) to settle their financial obligations towards the  
Organization; 

(b) to collaborate in determining the technical activities of  
the Organization; 

(c) to provide, promptly, information reasonably requested by  
the Organization, to the extent that this is not contrary to  
any laws or regulations of the Members; 

(d) to undertake assignments that may be mutually agreed  
between individual Members or groups of Members and the  
Organization; 

(e) to accord to the Organization and its Members, in so far  
as it may be possible under the constitutional procedures of  
the respective Members, facilities which are deemed essential  
for the successful functioning of the Organization; and 

(f) to collaborate, in general, in the fulfilment of the  
objectives and functions of the Organization. 


Article 8 

THE GOVERNING COUNCIL 

1. The Organization shall have a Governing Council on which  
each Member shall be represented. The Governing Council shall  
be the supreme body of the Organization. 

2. The Governing Council shall adopt its own Rules of  
Procedure. 

3. The Governing Council shall hold an annual session at such  
time and place as it shall determine. 

4. Special sessions of the Governing Council may be convened  
by the Co-ordinator at the request of not less than two-thirds  
of the Members. 

5. The Governing Council may, in its Rules of Procedure,  
establish a procedure whereby the Chairman of the Governing  
Council may obtain a vote of the Members on a specific  
question without convening a meeting of the Council. 

6. The Governing Council shall elect its Chairman and other  
officers. 

7. Each Member shall have one vote. Unless otherwise provided  
in this Agreement, decisions of the Governing Council shall be  
taken by a majority of the votes cast. A majority of the  
Members shall constitute a quorum. 

8. The Food and Agriculture Organization of the United Nations  
(FAO) shall be invited to be represented at meetings of the  
Governing Council in an advisory capacity. 

9. Donor Governments may be represented at meetings of the  
Governing Council in accordance with an agreement concluded  
with the Organization under Article 15 of this Agreement. 


Article 9  

FUNCTIONS OF THE GOVERNING COUNCIL 

The functions of the Governing Council shall be: 

1. (a) to determine the policy of the Organization and to  
approve by a majority of not less than two-thirds of the  
Members its programme of work and its budget, giving due  
consideration to the conclusions and recommendations of the  
Technical Advisory Committee referred to in Article 11; 

(b) to assess, by a majority of not less than two-thirds of  
the Members, the contribution of Members as provided in  
Article 13; 

(c) to establish special funds to enable the acceptance of  
additional resources for the development of programmes and  
projects; 

(d) to lay down general standards and guidelines for the  
management of the Organization; 

(e) to evaluate the progress of work and activities of the  
Organization including the auditing of accounts, 
in accordance with policies and procedures established for the  
purpose by the Governing Council, and to give guidance to the  
Co-ordinator on the implementation of its decisions; 

(f) to formulate and adopt the Financial Regulations and the  
Administrative Regulations, and to appoint auditors; 

(g) to appoint the Co-ordinator of the Organization and to  
determine his conditions of service; 

(h) to adopt rules governing the settlement of disputes,  
referred to in Article 19; 

(i) to approve formal arrangements with governments as well as  
other organizations or institutions, including any  
headquarters agreement concluded between the Organization and  
the Host Government; 

(j) to adopt the Staff Regulations which determine the general  
terms and conditions of employment of the staff; 

(k) to approve agreements for co-operation to be concluded  
pursuant to Article 15; and 

(l) to perform all other functions that have been entrusted to  
it by this Agreement or that are ancillary to the  
accomplishment of the approved activities of the Organization. 


Article 10 

OBSERVERS 

Non-member Governments, organizations and institutions that  
are able to make a significant contribution to the activities  
of the Organization may, in accordance with the Rules of  
Procedure adopted under Article 8, paragraph 2, be invited to  
be represented at sessions of the Governing Council as  
observers. 


Article 11  

TECHNICAL ADVISORY COMMITTEE 

1. The Governing Council shall establish a Technical Advisory  
Committee composed of one representative designated by each  
Member of the Organization. 

2. The representatives designated on the Technical Advisory  
Committee shall be persons with special competence and  
expertise in the field of aquaculture. 

3. The Technical Advisory Committee shall meet at least once a  
year and at any time at the request of the Governing Council. 

4. At its annual meeting the Committee shall designate one of  
the Committee members as Chairman who shall convene the next  
annual meeting of the Technical Advisory Committee. 

5. The Technical Advisory Committee shall advise the Governing  
Council on all technical aspects of the activities of the  
Organization. 

6. At each session, the Technical Advisory Committee shall  
adopt a report, which shall be submitted to the Governing  
Council. 

7. FAO shall be invited to be represented at Sessions of the  
Technical Advisory Committee. Where appropriate,  
representatives of Donor Governments and of other  
organizations or institutions shall also be invited to be  
represented at such sessions. 


Article 12 

CO-ORDINATOR AND STAFF 

1. The Organization shall have a Co-ordinator appointed by the  
Governing Council. 

2. The Co-ordinator shall be the legal representative of the  
Organization. He shall direct the work of the Organization  
under the guidance of the Governing Council in accordance with  
its policies and decisions. 

3. The Co-ordinator shall submit to the Governing Council at  
each regular session: 

(a) a report on the work of the Organization, as well as the  
audited accounts; and 

(b) a draft programme of work and a draft budget for the  
following year. 

4. The Co-ordinator shall: 

(a) prepare and organize the sessions of the Governing Council  
and all other meetings of the Organization and shall provide  
the secretariat therefor; 

(b) ensure co-ordination among Members of the Organization; 

(c) organize conferences, symposia, regional training  
programmes and other meetings in accordance with the approved  
programme of work; 

(d) initiate proposals for joint action programmes with  
regional and other international bodies; 

(e) be responsible for the management of the Organization; 

(f) ensure the publication of research findings, training  
manuals, information print-outs and other materials as  
required; 

(g) take action on other matters consistent with the  
objectives of the Organization; and 

(h) perform any other function as may be specified by the  
Governing Council. 

5. Staff members and consultants shall be appointed by the Co- 
ordinator in accordance with the policy, general standards and  
guidelines laid down by the Governing Council and in  
accordance with the Staff Regulations. The Co-ordinator shall  
promulgate Staff Rules, as required, to implement the  
foregoing. 


Article 13 

FINANCES 

1. The financial resources of the Organization shall be: 

(a) the contributions of the Members to the budget of the  
Organization; 

(b) the revenue obtained from the provision of services  
against payment; 

(c) donations, provided that acceptance of such donations is  
compatible with the objectives of the Organization; and 

(d) such other resources as are approved by the Governing  
Council and compatible with the objectives of the  
Organization. 

2. Members undertake to pay annual contributions in freely  
convertible currencies to the regular budget of the  
Organization. 

3. A Member which is in arrears in the payment of its  
financial contributions to the Organization shall have no vote  
in the Governing Council if the amount of its arrears equals  
or exceeds the amount of the contributions due from it for the  
two preceding calendar years. The Governing Council may,  
nevertheless, permit such a Member to vote if it is satisfied  
that the failure to pay was due to conditions beyond the  
control of the Member. 

4. Unless otherwise agreed by the consensus of the Members of  
the Organization, each Member's financial liability to the  
Governing Council and to other Members and for the acts of  
omission and commission of the Governing Council shall be  
limited to the extent of its obligation to make contributions  
to the budget of the Organization. 


Article 14  

LEGAL STATUS, PRIVILEGES AND IMMUNITIES 

1. The Organization shall have juridical personality and such  
legal capacity as may be necessary for the fulfilment of the  
Organization's objectives and for the exercise of its  
functions. 

2. The Organization shall be accorded the privileges and  
immunities necessary to perform its functions provided for in  
this Agreement. In addition, the representatives of Members  
and the Co-ordinator and staff of the Organization shall be  
accorded the privileges and immunities necessary for the  
independent exercise of their functions with the Organization  
as generally accorded to international 
organizations in each country. 

3. Each Member shall accord the status, privileges and  
immunities referred to above by applying, mutatis mutandis, to  
the Organization, the representatives of Members, and to the  
Co-ordinator and staff of the Organization the privileges and  
immunities provided for in the Convention on the Privileges  
and Immunities of the Specialized Agencies adopted by the  
General Assembly of the United Nations on 21 November 1947. 

4. Privileges and immunities are accorded to the  
representatives of Members and to the Co-ordinator and staff  
of the Organization not for the personal benefit of the  
individuals themselves, but in order to safeguard the  
independent exercise of their functions in connection with the  
Organization. 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. If the Member does not waive  
the immunity of the representative, the Member shall make the  
strongest efforts to achieve an equitable solution of the  
matter. Similarly, the Co-ordinator not only has the right,  
but is under a duty to waive the immunity of a staff member  
where, in the opinion of the Co-ordinator, 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. If the Co-ordinator does not waive the immunity of  
the staff member, he shall make the strongest efforts to  
achieve an equitable solution of the matter. The immunity of  
the Co-ordinator may only be waived by the Governing Council. 

5. The Organization shall conclude a headquarters agreement  
with the Host Government, and may conclude agreements with  
other States in which offices of the Organization may be  
located, specifying the privileges and immunities and  
facilities to be enjoyed by the Organization to enable it to  
fulfil its objectives and to perform its functions. 


Article 15 

CO-OPERATION WITH DONOR GOVERNMENTS AND WITH OTHER  
ORGANIZATIONS AND INSTITUTIONS 

1. The Contracting Parties agree that there should be a close  
working relationship between the Organization and the Food and  
Agriculture Organization of the United Nations (FAO). To this  
end the Organization shall enter into negotiations with FAO  
with a view to concluding an agreement pursuant to Article  
XIII of the FAO Constitution. Such agreement should provide,  
inter alia, that the Director-General of FAO may appoint a  
Representative who shall be entitled to participate in all  
meetings of the Organization in an advisory capacity, without  
the right to vote. 

2. The Contracting Parties agree that there should be co- 
operation between the Organization and Donor Governments whose  
contribution would further the activities of the Organization.  
To this end, the Organization may enter into agreements with  
such Donor Governments wherein provision may be made for their  
participation in certain activities of the Organization. 

3. The Contracting Parties agree that there should be co- 
operation between the Organization and other international  
organizations and institutions, especially those active in the  
fisheries sector, which might contribute to the work and  
further the objectives of the Organization. The Organization  
may enter into agreements with such organizations and  
institutions. Such agreements may include, if appropriate,  
provision for participation by such organizations and  
institutions in activities of the Organization. 


Article 16 

SIGNATURE, RATIFICATION, ACCESSION, ENTRY INTO FORCE AND  
ADMISSION 

1. This Agreement shall be open for signature by the  
Governments in Asia and the Pacific listed in the Annex  
hereto, in Bangkok on 8th January 1988 and, thereafter, at the  
Headquarters of the Food and Agriculture Organization of the  
United Nations (FAO) in Rome until 7th January 1989.  
Governments which have signed the Agreement may become a party  
thereto by depositing an instrument of ratification.  
Governments which have not signed the Agreement may become a  
party thereto by depositing an instrument of accession. 

2. Instruments of ratification or accession shall be deposited  
with the Director-General of FAO, who shall be the Depositary  
of this Agreement. 

3. Subject to Article 6, paragraph 3 of this Agreement, and at  
any time after the entry into force thereof, any Government  
not referred to in paragraph 1 above may apply to the  
Director-General of FAO to become a member of the  
Organization. The Director-General of FAO shall inform Members  
of such application. The Governing Council shall then decide  
on the application in accordance with Article 6 and if a  
favourable decision is taken, invite the Government concerned  
to accede to this Agreement. The Government shall lodge its  
instrument of accession, whereby it consents to be bound by  
the provisions of this Agreement as from the date of its  
admission, with the Director-General of FAO within ninety days  
of the date of the invitation by the Governing Council. 

4. This Agreement shall enter into force, with respect to all  
Governments which have ratified it or acceded thereto, on the  
date when instruments of ratification or accession have been  
deposited by at least five Governments listed in the Annex. 


Article 17 

AMENDMENT 

1. The Governing Council may amend this agreement by a three- 
quarters majority of the Members. Amendments shall take  
effect, with respect to all Contracting Parties, on the  
thirtieth day after their adoption by the Governing Council,  
except for any Contracting Party which gives notice of  
withdrawal within thirty days of receipt of notification of  
the adoption of such amendments, subject to the condition that  
any obligation incurred by the Member vis-a-vis the  
Organization shall remain valid and enforceable. Amendments  
adopted shall be notified to the Depositary forthwith. 

2. Proposals for the amendment of this Agreement may be made  
by a Member in a communication to the Depositary, who shall  
promptly notify the proposal to all Members and to the Co- 
ordinator of the Organization. 

3. No proposal for amendment shall be considered by the  
Governing Council unless it was received by the Depositary at  
least one hundred and twenty days before the opening day of  
the session at which it is to be considered. 


Article 18 

WITHDRAWAL AND DISSOLUTION 

1. At any time after the expiration of three years from the  
date when it became a party to this Agreement, any Member may  
give notice of its withdrawal from the Organization to the  
Depositary. 
Such withdrawal shall take effect twelve months after the  
notice thereof was received by the Depositary or at any later  
date specified in the notice, provided, however, that any  
obligation incurred by the Member vis-a-vis the Organization  
shall remain valid and enforceable. 

2. The Organization shall cease to exist at any time decided  
by the Governing Council by a three-quarters majority of the  
Members. The disposal of any real property belonging to the  
Organization shall be subject to the prior approval of the  
Governing Council. Any assets remaining after the land,  
buildings and fixtures have been disposed of, after the  
balance of any donated funds that have not been used has been  
returned to the respective donors, and after all obligations  
have been met, shall be distributed among the Governments  
which were Members of the Organization at the time of the  
dissolution, in proportion to the contributions that they made  
in accordance with Article 13, paragraph 2, for the year  
preceding the year of the dissolution. 


Article 19 

INTERPRETATION AND SETTLEMENT OF DISPUTES 

1. Any dispute concerning the interpretation or application of  
this Agreement which cannot be settled by negotiation,  
conciliation or similar means may be referred by any party to  
the dispute to the Governing Council for its recommendation.  
Failing settlement of the dispute, the matter shall be  
submitted to an arbitral tribunal consisting of three  
arbitrators. The parties to the dispute shall appoint one  
arbitrator each; the two arbitrators so appointed shall  
designate by mutual consent the third arbitrator, who shall be  
the President of the tribunal. If one of the parties does not  
appoint an arbitrator within two months of the appointment of  
the first arbitrator, or if the President of the arbitral  
tribunal has not been designated within two months of the  
appointment of the second arbitrator, the Chairman of the  
Governing Council shall designate the arbitrator or the  
President, as the case may be, within a further two-month  
period. 

2. The proceedings of the arbitral tribunal shall be carried  
out in accordance with the rules of the United Nations  
Commission on International Trade Law (UNCITRAL). 

3. A Member which fails to abide by an arbitral award rendered  
in accordance with paragraph 1 of this Article may be  
suspended from the exercise of the rights and privileges of  
membership by a two-thirds majority of the Members. 


Article 20 

DEPOSITARY 

The Director-General of FAO shall be the Depositary of this  
Agreement. The Depositary shall: 

(a) send certified copies of this Agreement to the Governments  
invited as participants to the Conference of  
Plenipotentiaries, and to any other Government which so  
requests; 

(b) arrange for the registration of this Agreement, upon its  
entry into force, with the Secretariat of the United Nations  
in accordance with Article 102 of the Charter of the United  
Nations; 

(c) inform the Governments invited as participants to the  
Conference of Plenipotentiaries and any Government that has  
been admitted to membership in the Organization of: 

(i) the signature of this Agreement and the deposit of  
instruments of ratification or accession in accordance with  
Article 16; 
(ii) the date of entry into force of this Agreement in  
accordance with Article 16, paragraph 4; 
(iii) notification of the desire of a Government to be  
admitted to membership in the Organization; and admissions, in  
accordance with Article 6; 
(iv) proposals for the amendment of this Agreement and of the  
adoption of amendments, in accordance with Article 17; and 

(d) convene the first session of the Governing Council of the  
Organization within six months after the entry into force of  
this Agreement, in accordance with Article 16, paragraph 4. 


Article 21 

ANNEX 

The Annex shall constitute an integral part of this  
Agreement. 

Done at Bangkok this eighth day of January 1988 in a single  
copy in the English language. The original text shall be  
deposited in the archives of the Food and Agriculture  
Organization of the United Nations in Rome. 


Annex 

LIST OF GOVERNMENTS INVITED TO THE CONFERENCE OF  
PLENIPOTENTIARIES 


(Article 6, paragraph 2) 

Australia 
Bangladesh 
Bhutan 
Brunei 
Burma 
People's Republic of China 
Cook Islands 
Democratic Kampuchea 
Democratic People's Republic of Korea 
Fiji 
France 
Hong Kong 
India 
Indonesia 
Japan 
Republic of Korea 
Laos 
Malaysia 
Maldives 
Mongolia 
Nepal 
New Zealand 
Pakistan 
Papua New Guinea 
Philippines 
Samoa 
Singapore 
Solomon Islands 
Sri Lanka 
Thailand 
Tonga 
Tuvalu 
United States of America 
Vanuatu 
Viet Nam