Decision ID: 003626

In October 2009 the 1992 Fund Administrative Council and the Supplementary Fund Assembly noted that the IOPC Funds’ joint Audit Body had examined the nature and scope of non-payment of contributions and had reviewed the procedural measures employed by the Secretariat to pursue outstanding contributions. It was noted that the Audit Body’s study had been based on the need to address the inequity to most contributors arising from the non-payment of contributions by others and to consider the duty of care placed on the Assembly and the Director to uphold the Conventions and apply them in a fair and equitable manner. The governing bodies noted that, in the view of the Audit Body, there was a clear connection between a Contracting State and its oil receivers who were under an obligation to pay contributions, and that this was established in Article 13.2 of the 1992 Fund Convention, which called upon Member States to take appropriate measures under their respective laws to ensure that the obligations undertaken by States by ratifying or acceding to the Convention were met. The governing bodies adopted Resolution No 11 on Measures in respect of Contributions in which inter alia all oil receivers are called upon to comply with their obligations under the Conventions, States parties are urged to ensure that they have taken all necessary measures to implement effectively their obligations under Article 13.2 of the 1992 Fund Convention and Article 12.1 of the Supplementary Fund Protocol, States parties are requested to report to the Director the means by which they have implemented their obligations under the above-mentioned Articles and States parties with contributors in arrears are specifically called upon to report to the Director the means by which they have implemented these obligations and on any steps they have taken to ensure payment of outstanding contributions.