Statute on the Inter-Governmental Commission to Coordinate the Work of the PRB, HPR, GDR, PPR, USSR, and CSSR on Export Control on a Multi-Party Basis

Statute

on the Inter-Governmental Commission to Coordinate the work of the PRB, HPR, GDR, PPR, USSR, and CSSR on Export Control on a Multi-Party Basis

This Statute on the Inter-Governmental Commission to Coordinate Work on Export Control on a Multi-Party Basis (hereinafter “the Inter-Governmental Commission”) is accepted by agreement (hereinafter “the Agreement”) between the Governments of the People’s Republic of Bulgaria, the Hungarian People’s Republic, the German Democratic Republic, the Polish People’s Republic, the Union of Soviet Socialist Republics, and the Czechoslovak Socialist Republic.

I.            Composition

1.       The Inter-Governmental Commission will be composed of the states of the Parties to the Agreement.

The national representation of every Party to the Agreement will be composed of a Chairperson from his or her state, his or her deputy, and the leadership of the working agency of the State.

2.       The Permanent Chairperson of the Inter-Governmental Commission is the Chairperson of the Soviet representation.

In the absence of the Inter-Governmental Commission Chairperson, his or her function will be filled by the Deputy Chair of the Soviet representation.

3.       The responsible secretary of the Inter-Governmental Commission will be the Deputy Director of the Working Group of the Soviet representation.

II.          Function and plenipotentiary

1.       The main duty of the Inter-Governmental Commission is to prevent the export (transfer, exchange) to capitalist or developing countries of goods, technology, or scientific technical information that may be directly or indirectly used by these countries for the reaching of its military and economic potential.

2.       Basic functions of the Inter-Governmental Commission:

Development of unified principles of achieving export control;

Annual preparation based on recommendations from the Parties to the Agreement of a Schedule of goods, technology, and scientific information whose export to capitalist and developing countries should be under the control of the Inter-Governmental Commission, hereinafter “the Schedule.” The Schedule will include raw materials and manufactured goods for which there are shortages in the present period in capitalist and developing countries, as well as new technologies and used equipment that these countries have not mastered; transfers of scientific technical achievements, technologies and “know-how” that these countries do not have and that could be used for military purposes, as well as scientific technical information about them. The approval of the Schedule and its changes is a competency of the Governments of the Parties to the Agreement. Oversight of the Schedule within the Parties to the Agreement will be conducted by national commissions on export controls;

The development of measures necessary to prevent the transfer to capitalist or developing countries of economic and scientific technical information that could cause damage to the military and economic potential of the Parties to the Agreement;

Coordination of mutually practical use on a license basis of developments and technical innovations obtained by Parties to the Agreement on items included in the Schedule;

Development and implementation of responsive measures to the discriminatory policies of NATO member countries and Japan in relation to commerce with Socialist countries, including goal-directed research and development of production in areas in which there are gaps among the Parties to the Agreement; development of agreed activities to use economic and scientific technical connections to obtain the transfer of equipment and technology from capitalist and developing countries, as well as the purchase of licenses having primary significance for strengthening the military and economic potential of the Parties to the Agreement.

3.       Rights:

Considers questions connected to the implementation by Parties to the Agreement of resolutions and recommendations made by the Inter-Governmental Commission; If necessary hears information from Chairpersons of national representations on the fulfillment of resolutions and recommendations made by the Inter-Governmental Commission.

III.                 Workflow

1.       The Inter-Governmental Commission confirms its work plan for a period of no fewer than two years.

Sessions of the Inter-Governmental Commission will be conducted no fewer than two times per year sequentially in each of the member countries of the Agreement.

In case of necessity a special session of the Inter-Governmental Commission can be called.

The Inter-Governmental Commission determines and swiftly informs member states about the amounts and timelines for presenting materials for preparation of sessions on issues included in the work plan.

2.       Materials from sessions of the Inter-Governmental Commission will be distributed to national representatives as a rule at least a month before the day of the session.

3.       Each national representation will have one vote at the session of the Inter-Governmental Commission.

4.       Resolutions and recommendations of the Inter-Governmental Commission require a unanimous vote and will enter into force after confirmation of the session minutes by the governments of the Parties to the Agreement.

5.       On urgent matters the Chair of the Inter-Governmental Commission can make resolutions and recommendations by request from the chairs of national representations on the export (transfer, exchange) of individual goods, technologies, or scientific technical information included in the Schedule. These resolutions and recommendations must be included in the session agenda of the Inter-Governmental Commission in its minutes.

In a case in which the resolution or recommendation affects the interests of some of the Parties to the Agreement, the Chairperson of the Inter-Governmental Commission in due working order will agree with the members of the Commission on a draft set of minutes on the resolution and send it to the relevant Parties to the Agreement. Such resolutions and recommendations will enter into force after the confirmation of the minutes by the Governments of the Parties to the Agreement.

IV.                Agencies

1.       In the first stage (within 2-3 years) the functions of the permanently active Working Agency of the Inter-Governmental Commission will be implemented by the Working Agency of the Soviet representation.

2.       If necessary, the Inter-Governmental Commission will form other permanent and temporary working agencies.

3.       The Working Agency of the Inter-Governmental Commission will fulfill the following functions:

Prepare all materials connected to the activities of the Inter-Governmental Commission;

Organize the preparation for the sessions of the Inter-Governmental Commission and other sessions and meetings implemented in accordance with the goals and objectives of the Inter-Governmental Commission;

Develop and agree on draft organizational and systematic documents on implementation of export control;

Provide coordination and cooperation with the working agencies of the Inter-Governmental Commission’s national representatives in conducting activities connected with the implementation of export control;

Conduct top secret and secret correspondence in established order on questions related to the activity of the Inter-Governmental Commission with corresponding organizations from the Parties to the Agreement.

V.                  Languages

The official languages of the Inter-Governmental Commission and its agencies will be the languages of the Parties to the Agreement. The working language of the Inter-Governmental Commission and its agencies is Russian.