AFACT規約
BYLAWS OF AFACT
Article 1 (Name)
The name of this organization shall be the Asia Pacific Council for Trade Facilitation and Electronic Business (hereinafter referred to as "AFACT").
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Article 2 (Mission Statement)
AFACT aims to support in the Asia Pacific region policies and activities, especially those promoted by UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business), dedicated to stimulate, improve and promote the ability of business, trade and administrative organisations, to exchange products and relevant services effectively in a non-political environment.
Its principal focus is to facilitate international transactions, through the simplification and harmonisation of procedures and information flows, and so contribute to the growth of global commerce.
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Article 3 (Terms of Reference)
The principles of the mission statement are to be achieved by:
- Analyzing and understanding the key elements of international transactions and working for the elimination of constraints;
- Developing methods to facilitate transactions, including the relevant use of information technologies such as UN/EDIFACT and Electronic Business;
- Promoting both the use of these methods, and associated best practices, through channels such as government, industry and service associations;
- Coordinating its work with UN/CEFACT and other relevant international, regional and non-governmental organizations; and
- Enhancing the cooperation among the AFACT members and promoting the objectives of the mission statement in the Asia Pacific region.
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Article 4 (Structure)
AFACT shall be a non-profit, non-political, voluntary and independent organization.
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Article 5 (Membership)
Membership shall comprise two categories shown in Appendix 1 hereto:
- Member - The countries and economies in the Asia Pacific region represented by the agency assigned to promote and develop trade facilitation and Electronic Business. Such agency is recognised as the single focal point for UN/CEFACT related activities.
Agencies of the United Nations can also be members.
All existing members and associate members in the ASEB shall be automatically recognized as members of AFACT.
- Associate member - Any other organization from the Asia Pacific region or relevant international organization located in the region, committed to similar objectives as AFACT.
Any country, economy or organisation wishing to join AFACT must submit an application for membership in writing to the Chair of AFACT which shall be processed by the AFACT Secretariat by way of circulation to the Steering Committee members for consideration and approval, as well as to all members and associate members for consultation. If approved, the Steering Committee shall report to the Plenary on the approval of the application.
The Chair for the Plenary may also invite non-member countries, economies and experts as observers or special invitees.
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Article 6 (Plenary)
The Plenary shall include members, associate members and observers, represented by their Heads of Delegations. A simple majority of the members is required for a quorum.
The Plenary Meeting shall be a forum to exchange views on any areas of common interest including the latest developments in each member or associate member under the ambit of the Mission Statement.
The Plenary shall be the highest decision making body of AFACT and shall have the responsibility of ratifying all major decisions and monitoring the execution of the adopted resolutions.
The preferred way of reaching decisions shall be by consensus. However, the Chair shall have the authority to call for a vote if, in his view, consensus cannot be reached on a particular issue. In such cases, a simple majority of all voting members constitutes a decision.
Only members are eligible to vote. The Heads of Delegations or their designated representative shall cast the vote.
For dissolution of AFACT, the adoption of the Bylaws or a change to the Bylaws, a two-third majority of all voting members is required.
Absent members can have the option to vote by email or other means, or by proxy entrusted to the Chair or a fellow AFACT member.
The Plenary shall meet at least once a year.
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Article 7 (Officers and Secretariats)
Annually AFACT shall identify a member to host the organization (hosting member).
The officers of AFACT shall be the Chair, two Vice-Chairs and the Secretary. The term of office for each post shall be one year.
The hosting member shall nominate the Chair, with one Vice-Chair being nominated by the next hosting member (Chair elect) and the immediate former Chair acting as the other.
At the start of each Plenary, the identification of next hosting member and the Chair elect shall be approved.
The AFACT Secretariat shall be nominated by the Steering Committee and ratified by the Plenary for four years term, based on the Terms of Reference described in the Annex 3, which shall be open for any AFACT member and reviewed every four years.
The representative of the AFACT Secretariat shall be a member of Steering Committee.
The hosting member shall nominate a person who shall be the hosting Secretary of AFACT (hereinafter the hosting Secretariat).
The hosting Secretariat's term shall start immediately after the close of the previous Plenary meeting.
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Article 8 (Steering Committee)
The Steering Committee is responsible for the management and coordination of AFACT between the Plenary meetings. The Steering Committee also supervises the progress status of the decision made by the Plenary meeting.
The composition of the Steering Committee shall be as follows:
- Chair (of AFACT)
- Two Vice-Chairs (of AFACT)
- UN/CEFACT Rapporteur for Asia (Advisor)
- Two Heads of Delegation appointed by the Plenary who will hold office as members of the Steering Committee for a term of two years.
- UN/CEFACT Steering Group member through AFACT Chair's nomination (Advisor).
The Steering Committee is chaired by the Chair of AFACT.
The hosting Secretary as well as the officers in AFACT Secretariat shall be present in all Steering Committee meetings.
The agenda for the Steering Committee meeting shall be circulated to the Heads of Delegations and Chairs of Working Groups for comments.
The Chair may invite Chairs of Working Groups for specific meetings, as appropriate and all Heads of Delegation shall be entitled to attend meetings of the Steering Committee.
Where required, the Steering Committee shall be empowered to take decisions on behalf of AFACT between Plenary meetings. In such cases, every effort shall be made to consult with the Heads of Delegations.
Steering Committee decisions shall be made by consensus.
The Steering Committee shall meet at least twice a year. This can be either in the form of a physical meeting or a virtual meeting.
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Article 9 (Working Groups)
Working Groups may be established to focus on a specific area of interest, under the ambit of the Mission Statement.
To establish a Working Group, the interested parties shall submit a proposal, including the Terms of Reference, to the Steering Committee for approval and subsequently, to the Plenary for ratification. All Working Groups under the ASEB shall be automatically recognised as a Working Group under the AFACT.
Each Working Group shall appoint its own Chair and Secretariat. The term of service for the Chair and the Secretariat shall be for a period of two years.
Each Working Group shall submit its Work Programme to the Steering Committee for endorsement.
The Working Group shall meet at least twice a year. This can be either in the form of a physical meeting or a virtual meeting.
The Chair of each Working Group shall report to the Plenary.
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Article 10 (Focal Point)
Each AFACT member is required to have a single focal point, dedicated to the promotion, dissemination and implementation of AFACT objectives.
The focal point shall identify the Head of Delegation and a contact person who shall be responsible for communication with the AFACT Secretariat and all related parties.
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Article 11 (EDICOM)
EDICOM is the annual conference and exhibition of AFACT. It features the latest technology and information on Electronic Data Interchange (EDI), Electronic Commerce (EC), UN/EDIFACT, electronic business and other related activities including trade facilitation.
EDICOM shall be organized by the hosting member, adjacent to the Plenary, in consultation with the Steering Committee.
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Article 12 (Relationship Between AFACT and UN/CEFACT)
As set out in its Mission Statement, AFACT seeks, amongst other objectives, to promote the aims, objectives and activities of UN/CEFACT within the Asia Pacific region. To this end, Asia Pacific delegations to UN/CEFACT provide a strong link between AFACT and UN/CEFACT.
The UN/CEFACT Rapporteur for Asia provides another significant linkage. The Rapporteur shall be appointed by the Plenary of UN/CEFACT on the recommendation of the AFACT Plenary. (The Mandate of the UN/CEFACT Rapporteur for Asia is attached as Appendix 2).
AFACT is also strongly encouraged to identify and nominate potential members to the UN/CEFACT Steering Group. These nominations shall take place after full consultation with AFACT and shall normally be made on behalf of AFACT, to the UN/CEFACT Secretariat, by the delegation holding the Chairmanship of AFACT or by a delegation designated by the Chair.
Close coordination between AFACT Working Groups and UN/CEFACT Working Groups is strongly encouraged and both bodies shall use their best endeavors to ensure this coordination. This is most effectively achieved when there is a formal relationship between the respective groups.
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Article 13 (Expenses)
The hosting member shall cover all the costs incurred while serving as the Chair and the Secretariat of AFACT.
The hosting member shall cover all expenses involved in organising the Plenary Meeting, the Steering Committee Meeting and the meetings for the various Working Groups held adjacent with the Plenary Meeting.
The hosting member is entitled to charge a participation fee for each delegate. The amount to be charged shall be decided in consultation with the Steering Committee.
The member providing the AFACT Secretariat shall cover all the expenses in carrying out its responsibilities.
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Article 14 (Working Language)
The working language of AFACT shall be English.
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Article 15 (Effectiveness)
These Bylaws enter into effect on October 3 2001, upon ratification by the AFACT Plenary.
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Appendix 1
(List of Members and Associate Members as of October 3, 2001)
Members:
- Australia
- Chinese
- Taipei
- India
- Indonesia
- Iran
- Japan
- Korea
- Malaysia
- Pakistan
- Philippines
- P.R.C
- Singapore
- Sri Lanka
- Thailand
- Vietnam
Associate Members:
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Appendix 2 (Mandate UN/CEFACT Rapporteur for Asia)
Within Asia, the Rapporteur shall:
- Promote and represent CEFACT's interest and activities to governments, inter-governmental organizations, relevant trade associations and business and trade facilitation organizations;
- Encourage the participation of experts in CEFACT's work programme and stimulate the implementation of CEFACT's Recommendations;
- Coordinate CEFACT's activities in the area.
Liaison Relationships
This mandate shall be carried out, where appropriate, in liaison with Heads of delegations to CEFACT coming from Asia as well as in liaison with the secretariat of ESCAP and the Chairs of CEFACT's Working Groups.
Reporting Relationships
A report shall be presented by the Rapporteur to each CEFACT Plenary. The Rapporteur also has the right to raise issues directly with the CEFACT Steering Group (CSG) and shall be entitled to attend the CSG as an observer.
Duration of Appointment
Initially for three years, thereafter renewable every two years.
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Appendix 3 (AFACT Secretariat Terms of Reference)
1. Background
1.1 When the Asia EDIFACT Board (AS/EB) was reformed into the Asia Pacific Council for the Facilitation of Procedures and Practices for Administration, Commerce and Transport (AFACT) in 1998, the Board decided that AFACT did not have a permanent secretariat, and secretariat roles were served by the host secretariat in one year term. The running secretariat shall be provided by the host member which this new system shall be reviewed after two or three years experiences.
1.2 In the Taipei AFACT meeting, the HoD of Islamic Republic of Iran suggested to consider for setting up a secretariat to manage AFACT in consistent manners. The AFACT Plenary has decided to establish a secretariat under AFACT in principle. Then, the Chair (Dr. Lin) allowed the Steering Committee to look for a secretariat within AFACT members.
2. Terms of Reference
2.1The purpose of AFACT Secretariat is to explore, review and identify the most practical approach for managing and operating AFACT tasks on Trade Facilitation and Electronic Business in Asia Pacific region.
2.2The AFACT Secretariat should coordinate with UN/CEFACT Rapporteur for Asia to achieve the responsibility of the AFACT Secretariat.
2.3Taking account of existing AFACT Terms of Reference, these shall include;
a) To document all AFACT related activities and publish them on the AFACT web site,
b) To maintain the AFACT web site in cooperation with other members' secretariat,
c) To support the host secretariat for organizing AFACT Plenary meeting and its joint working groups' meetings, AFACT Steering Committee meeting and EDICOM, d) To facilitate the affairs in relation to new membership application,
e) To attend AFACT related meetings to support the host secretariat,
f) To attend UN/CEFACT Plenary meeting, if possible, to follow up its decision and discussion made during the meeting and feed back them to AFACT community, and
g) Any other business.
Japan Association for Simplification
of International Trade Procedures
10-1, Shiba-daimon 2-chome, Minato-ku, Tokyo 105-0012
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