22 U.S.C. § 287n — Representatives in General Conference;

Page 234 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287n other specialised inter-governmental organisations or agencies whose purposes and functions lie within the competence of this Organisation, deem it desirable to effect a transfer of their resources and activities to this Organisation, the Director-General, subject to the ap- proval of the Conference, may enter into mutually ac- ceptable arrangements for its purpose. 3. This Organisation may make appropriate arrange- ments with other inter-governmental organisations for reciprocal representation at meetings. 4. The United Nations Educational, Scientific and Cultural Organisation may make suitable arrange- ments for consultation and co-operation with non-gov- ernmental international organisations concerned with matters within its competence and may invite them to undertake specific tasks. Such co-operation may also include appropriate participation by representatives of such organisations on advisory committees set up by the General Conference. ARTICLE XII. Legal status of the Organisation The provisions of Articles 104 and 105 of the Charter of the United Nations Organisation concerning the legal status of that Organisation, its privileges and im- munities shall apply in the same way to this Organisation. ARTICLE XIII. Amendments 1. Proposals for amendments to this Constitution shall become effective upon receiving the approval of the General Conference by a two-thirds majority; pro- vided, however, that those amendments which involve fundamental alterations in the aims of the Organisation or new obligations for the Member States shall require subsequent acceptance on the part of two- thirds of the Member States before they come into force. The draft texts of proposed amendments shall be communicated by the Director-General to the Member States at least six months in advance of their consider- ation by the General Conference. 2. The General Conference shall have power to adopt by a two-thirds majority rules of procedure for car- rying out the provisions of this Article. ARTICLE XIV. Interpretation 1. The English and French texts of this Constitution shall be regarded as equally authoritative. 2. Any question or dispute concerning the interpreta- tion of this Constitution shall be referred for deter- mination to the International Court of Justice or to an arbitral tribunal, as the General Conference may deter- mine under its rules of procedure. ARTICLE XV. Entry into force 1. This Constitution shall be subject to acceptance. The instruments of acceptance shall be deposited with the Government of the United Kingdom. 2. This Constitution shall remain open for signature in the archives of the Government of the United King- dom. Signature may take place either before or after the deposit of the instrument of acceptance. No accept- ance shall be valid unless preceded or followed by sig- nature. 3. This Constitution shall come into force when it has been accepted by twenty of its signatories. Subsequent acceptances shall take effect immediately. 4. The Government of the United Kingdom will in- form all members of the United Nations of the receipt of all instruments of acceptance and of the date on which the Constitution comes into force in accordance with the preceding paragraph. In faith whereof, the undersigned, duly authorised to that effect, have signed this Constitution in the English and French languages, both texts being equally authentic. Done in London the sixteenth day of November, 1945 in a single copy, in the English and French languages, of which certified copies will be communicated by the Government of the United Kingdom to the Govern- ments of all the Members of the United Nations. [Here follow the signatures of the heads of the delega- tions.] § 287n. Representatives in General Conference; number; citizenship; compensation The President by and with the consent of the Senate shall designate from time to time to at- tend a specified session or specified sessions of the General Conference of the Organization not to exceed five representatives of the United States and such number of alternates not to ex- ceed five as he may determine consistent with the rules of procedure of the General Con- ference: Provided, however, That each such rep- resentative and each such alternate must be an American citizen. One of the representatives shall be designated as the senior representative. Such representatives and alternates shall each be entitled to receive compensation at such rates provided for members of the Senior For- eign Service under section 3962 of this title, or provided for Foreign Service officers under sec- tion 3963 of this title, as the President may de- termine, for such periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is designated under this section as a representative of the United States or as an al- ternate to attend any specified session or speci- fied sessions of the General Conference shall be entitled to receive such compensation. When- ever a representative of the United States is elected by the General Conference to serve on the Executive Board, or is elected President of the General Conference and thus becomes an ex officio adviser to the Executive Board, under provision of article V of the constitution of the Organization, the President may extend the above provisions for compensation to such rep- resentative during periods of service in connec- tion with the Executive Board. (July 30, 1946, ch. 700, § 2, 60 Stat. 712; July 31, 1956, ch. 804, title I, § 112, 70 Stat. 740; Pub. L. 88–426, title III, §§ 305(1), 306(g), Aug. 14, 1964, 78 Stat. 422, 430; Pub. L. 96–465, title II, § 2206(a)(3), Oct. 17, 1980, 94 Stat. 2161.) Editorial Notes REFERENCES IN TEXT Article V of the constitution of the Organization, re- ferred to in text, is article V of the Constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title. AMENDMENTS 1980—Pub. L. 96–465 substituted ‘‘members of the Sen- ior Foreign Service under section 3962 of this title, or provided for Foreign Service officers under section 3963 of this title,’’ for ‘‘Foreign Service officers in the schedule contained in section 867 of this title,’’. 1964—Pub. L. 88–426, § 306(g), substituted provisions permitting payment of compensation at such rates pro- vided for Foreign Service officers in the schedule con- tained in section 867 of this title for provisions which Page 235 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287q 1 So in original. Probably should be ‘‘Cooperation’’. limited compensation at not more than $15,000 per annum. 1956—Act July 31, 1956, increased maximum com- pensation of representatives and alternatives from $12,000 to $15,000. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426. REPEALS Section 112 of act July 31, 1956, cited as a credit to this section, was repealed by section 305(1) of Pub. L. 88–426. § 287o. National Commission on Educational, Sci- entific, and Cultural Cooperation; member- ship; meetings; expenses In fulfillment of article VII of the constitution of the Organization, the Secretary of State shall cause to be organized a National Commission on Educational, Scientific, and Cultural Corpora- tion 1 of not to exceed one hundred members. Such Commission shall be appointed by the Sec- retary of State and shall consist of (a) not more than sixty representatives of principal national, voluntary organizations interested in edu- cational, scientific, and cultural matters; and (b) not more than forty outstanding persons se- lected by the Secretary of State, including not more than ten persons holding office under or employed by the Government of the United States, not more than fifteen representatives of the educational, scientific, and cultural inter- ests of State and local governments, and not more than fifteen persons chosen at large. The Secretary of State is authorized to name in the first instance fifty of the principal national vol- untary organizations, each of which shall be in- vited to designate one representative for ap- pointment to the National Commission. There- after, the National Commission shall periodi- cally review and, if deemed advisable, revise the list of such organizations designating represent- atives in order to achieve a desirable rotation among organizations represented. To constitute the initial Commission, one-third of the mem- bers shall be appointed to serve for a term of one year, one-third for a term of two years, and one- third or the remainder thereof for a term of three years; from thence on following, all mem- bers shall be appointed for a term of three years each, but no member shall serve more than two consecutive terms. The National Commission shall meet at least once annually. The National Commission shall designate from among its members an executive committee, and may des- ignate such other committees as may prove nec- essary, to consult with the Department of State and to perform such other functions as the Na- tional Commission shall delegate to them. No member of the National Commission shall be al- lowed any salary or other compensation for services: Provided, however, That he may be paid transportation and other expenses as authorized by section 5703 of title 5. The Department of State is authorized to provide the necessary sec- retariat for the Commission. (July 30, 1946, ch. 700, § 3, 60 Stat. 713; Pub. L. 87–139, § 9, Aug. 14, 1961, 75 Stat. 341.) Editorial Notes REFERENCES IN TEXT Article VII of the constitution of the Organization, referred to in text, is article VII of the Constitution of the United Nations Educational, Scientific, and Cul- tural Organization, which is set out as a note under section 287m of this title. CODIFICATION ‘‘Section 5703 of title 5’’ substituted in text for ‘‘sec- tion 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1961—Pub. L. 87–139 substituted provisions for pay- ment of transportation and other expenses as author- ized by section 5703 of title 5, for provisions authorizing payment of actual transportation expenses plus a $10 maximum per diem. § 287p. Citizenship of members Each such member of the National Commis- sion must be an American citizen. (July 30, 1946, ch. 700, § 4, 60 Stat. 713.) § 287q. General and special conferences; ex- penses; acceptance of services and gifts or bequests of money or materials The National Commission shall call general conferences for the discussion of matters relat- ing to the activities of the Organization, to which conferences organized bodies actively in- terested in such matters shall be invited to send representatives: Provided, however, That the travel and maintenance of such representation shall be without expense to the Government. Such general conferences shall be held annually or biennially, as the National Commission may determine, and in such places as it may des- ignate. They shall be attended so far as possible by the members of the National Commission and by the delegates of the United States to the General Conference of the Organization. The Na- tional Commission is further authorized to call special conferences of experts for the consider- ation of specific matters relating to the Organi- zation by persons of specialized competences. The Department of State may pay their trans- portation and other expenses as authorized by section 5703 of title 5, for the period of actual at- tendance and of necessary travel. The National Commission is further authorized to receive and accept services and gifts or bequests of money or materials to carry out any of the educational, scientific, or cultural purposes of the National Commission as set forth in this subchapter and