MEMORANDUMOF UNDERSTANDING CONCERNING COOPERATION IN FIGHTING CORRUPTION THROUGH THE SOUTH EASTERN EUROPEAN ANTI-CORRUPTION INITIATIVE("Off. Herald of RS - Treaties", No. 4/2020) |
The Governments of the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Macedonia1, the Republic of Montenegro, the Republic of Moldova, Romania, and the Republic of Serbia
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1 EU refers to this country as "The
Former Yugoslav Republic of Macedonia"
Hereafter referred to as the "Parties",
Reaffirming that regional cooperation is a prerequisite for promoting stability, security and social and economic development in South Eastern Europe, including through cross-border Anti-Corruption activities,
Recognizing that acquiring European union membership will require increased national and regional efforts within the field of fighting corruption by all countries concerned,
Recalling the 2000 Compact and Action Plan of the Stability Pact Anti-Corruption Initiative (SPAI), the 2002 London Declaration on fighting organized crime and corruption, the 2003 EU - Western Balkans Thessaloniki declaration, and the 2004 SEECP Joint JHA Declaration,
Recognizing the progress made by participating countries in implementing Anti-Corruption measures, agreed to in the 2005 SPAI Ministerial Declaration on 10 Joint Measures to Curb Corruption in South Eastern Europe,
Acknowledging that establishing the SPAI Regional Secretariat Liaison Office (SPAI RSLO) in October 2003 represents a concrete and visible demonstration of the commitment of the regional states to cooperate and coordinate their fight against corruption in South Eastern Europe,
Recalling the Conclusions of the Regional Table and Working Table III Meetings held in 2006 in Belgrade and Bucharest, as well as the Decisions of the 10th SPAI Steering Group, Belgrade, May 30, 2006 related to the financing of the SPAI,
Have agreed as follows:
Article 1
Parties agree to accept joint responsibility for the SPAI and to ensure the financial sustainability of the activities of SPAI RSLO.
The Regional Steering Group is the decision making body of the SPAI deciding on the annual program and the budget, and meeting once a year and whenever necessary. The regional Steering Group members may decide to invite partner countries and organisations as observers to their meetings.
Every year a Chair-in-Office for the SPAI will be appointed from the region by the Regional Steering Group. The first Chair-in-Office will be appointed as soon as possible following the entry into force of the present Memorandum. The Chair-in-Office will chair the Regional Steering Group meetings, will ensure overall coordination and supervision of SPAI RSLO’s activities on behalf of the Regional Steering Group and will report to the Regional Table meetings of the Stability Pact.
After the concluding of the Stability pact and the establishment of the regional Cooperation Council the Chair-in-Office will report to the meetings of the Council.
Parties reaffirm, in accordance with the 2005 SPAI Ministerial Declaration on 10 Joint Measures to Curb Corruption in South Eastern Europe, their commitment to support and consolidate the SPAI RSLO’s capacity to act as the South Eastern European Anti-Corruption Resource Centre and to serve as focal point for regional Anti-Corruption cooperation through the facilitation of best practices and the dissemination of lessons learned.
Parties also reaffirm, in accordance with the 2005 SPAI Ministerial Declaration on 10 Joint Measures to Curb Corruption in South Eastern Europe, their commitment to strengthen the role of the Senior Representatives as national Anti-Corruption coordinators and focal points for international partners by means of providing them with political support and with adequate human and financial resources.
Financing the operational and programmatic budget of the SPAI
Article 2
Parties agree to contribute annually, starting with 2007, a minimum amount of 24.000 euro to the operational and programmatic budget of the SPAI, thereby also ensuring the financial sustainability of the SPAI RSLO.
The first financial contribution will be transferred to the SPAI RSLO bank account, mentioned below, as soon as possible within three months after signing this Memorandum of Understanding. Subsequently, annual financial contributions will be transferred within the first quarter of each year.
BENEFICIARY: SPAI RSLO 2
EUR ACCOUNT: 503022 136623
____________________________________________________
BENEFICIARY’S BANK: VOLKSBANK BH DD SARAJEVO
SWIFT Code: VBSABA22
IBAN CODE: BA39-1401010077777737
____________________________________________________
INTERMEDIARY BANK: DEUTSCHE BANK
EUR ACCOUNT: 936 537 000
SWIFT Code: DEUTDEFF
SPAI RSLO will immediately notify the Parties of any changes with regard to the payment procedures.
Parties agree that in case contributions allocated for one fiscal year have not been entirely spent, the balance shall be automatically included in the SPAI RSLO budget for the following fiscal year, without prior official agreement.
In addition to the annual contributions by the Parties, SPAI will continue to seek donor support for specific programmatic activities within the SPAI program.
Article 3
SPAI RSLO will provide the Regional Steering Group annually with reports describing program implementation and all budgetary expenditures involved.
SPAI RSLO will commission, annually, an independent financial audit. The results and recommendations of the audit are to be presented to the Regional Steering Group for review, and to any other parties having made financial contributions to the SPAI budget.
Duration, termination and deposit of the Memorandum
Article 4
This Memorandum of Understanding, approved by the Parties in accordance with their internal legal procedures, shall enter into force the first day following the month on which the last Party has notified to the Depositary the completion of the procedures necessary for that purpose.
If its internal legal requirements permit, any Party may apply this Memorandum of Understanding provisionally from the date of its signature. Provisional application under this paragraph shall be notified to the Depositary.
Republic of Croatia will serve as the Depositary State.
This Memorandum remains in force for three years and will be extended automatically for another three-year period unless agreed otherwise between the Parties.
Any Party may denounce this Memorandum by giving a written notification to the Depositary state. The Depositary state has the obligation to inform all Parties about the receipt of such notification, within 15 days. The denunciation shall effect three months after the date of receipt of the notification.
Any dispute between Parties on interpretation or implementation of this Memorandum, including its validity or termination shall be settled by negotiation between the Parties.
Notwithstanding the termination of this Memorandum, its provisions shall continue to apply to the extent necessary to permit the completion of specific activities already undertaken pursuant to the Memorandum.
The original of this memorandum in a single copy in the English language shall be deposited with Republic of Croatia, as depositary state, which shall transmit a certified copy to each party.
Signed on April 13, 2007 in Zagreb, Republic of Croatia
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Memorandum of Understanding.
PROTOCOL
AMENDING THE MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATION IN FIGHTING CORRUPTION THROUGH
THE SOUTH EASTERN EUROPEAN ANTICORRUPTION INITIATIVE
The Parties to the Memorandum of Understanding concerning Cooperation in Fighting Corruption through the South European Anti-Corruption Initiative signed on April 13, 2007, in Zagreb, Croatia, (hereinafter referred to as the "Parties" and the "MoU"),
Welcoming the level of regional cooperation on Anti-Corruption matters in South Eastern Europe,
Considering the urgent need to amend certain provisions of the MoU in order to ensure sustainability of common efforts in Anti-Corruption regional cooperation,
Reaffirming their commitment to invest sustainable efforts for a closer regional cooperation and reiterating their support to Regional Anti-Corruption Initiative’s capacities and role as focal point for regional cooperation on Anti-Corruption issues,
Aware that it is in their common interest to participate in regional Anti-Corruption efforts and to capitalize from the progress and achievements made so far,
Have agreed as follows:
Article 1
In the whole text of the MoU, the term "Stability Pact Anti-Corruption Initiative" is accordingly replaced by the term "Regional Anti-Corruption Initiative". With reference to that, the abbreviation "SPAI" is accordingly replaced by the abbreviation "RAI".
Article 2
In the whole text of the MoU, the term "SPAI Regional Secretariat Liaison Office" is accordingly replaced by the term "Regional Anti-Corruption Initiative Secretariat". With reference to that, the abbreviation "SPAI-RSLO" is accordingly replaced by the abbreviation "RAI Secretariat".
Article 3
In the whole text of the MoU, the term "Regional Steering Group" is accordingly replaced by the term "Regional Anti-Corruption Initiative Steering Group" or by the abbreviation "RAI Steering Group".
Article 4
In Article 1, paragraph 2 of the MoU, last sentence is amended as follows:
"RAI Steering Group may decide to invite Countries to accede to this MoU including its amendments. It may also decide to invite partners, countries, and organizations as observers to RAI meetings and activities."
Article 5
In Article 4, paragraph 1 of the MoU, a new sentence is added, which reads as follows:
"For each Country that accedes to this MoU in accordance with Article 1 paragraph 2 of this MoU, this MoU including its amendments shall enter into force on the first day of the month following the date on which the Depositary State has received the instrument of accession of that Country."
Article 6
In Article 4 of the MoU paragraph 4 is amended as follows:
"This MoU shall remain in force for an indefinite period of time."
Article 7
All other provisions of the MoU shall stay unchanged.
Article 8
This Protocol, approved by the Parties of the MoU in accordance with their respective internal legal procedures, shall enter into force on the first day of the month following the date on which the third Party has notified the Depositary State on the completion of internal procedures necessary for that purpose.
After its entry into force, this Protocol shall enter into force for other signatory Countries on the first day of the month following the date on which that country has notified the Depositary State on the completion of internal procedures necessary for that purpose.
Signed on July 11, 2013 in Zagreb, Republic of Croatia, in a single copy in the English language which shall be deposed with the Depositary which shall then transmit a certified copy thereof to each Party,
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.