Kultuuriministeerium · 19. detsember 2019
Sisu (failidest)
Financial Regulations of the Special Account for the
Second Protocol to the Hague Convention of 1954 for
the Protection of Cultural Property in the
Event of Armed Conflict
amended at the 8th Meeting of the Parties to the 1999 Second
Protocol (Paris, 3-4 December 2019)
Article 1 – Creation of a Special Account
1.1 Article 29 of the Second Protocol to the Hague Convention of
1954 for the Protection of Cultural Property in the Event of
Armed Conflict (hereinafter “the Second Protocol”)
establishes a Trust Fund. Given the multi-donor nature of the
Fund, it will be managed as a Special Account.
1.2 In accordance with Article 29 of the Second Protocol and
Article 6, paragraphs 5 and 6, of the Financial Regulations of
UNESCO, there is hereby created a Special Account for
“Protection of Cultural Property in the Event of Armed Conflict
– Second Protocol”, hereafter referred to as the Special
Account.
1.3 The following regulations shall govern the operation of the
Special Account.
--
Article 2 – Financial period
2.1 The financial period for budget estimates shall be two
consecutive calendar years beginning with an even-
numbered year.
2.2 The financial period for accounting shall be an annual
calendar year.
Article 3 – Purpose
In accordance with Article 29.1 of the Second Protocol, the
purposes of the Special Account are:
(a) to provide financial or other assistance in support of
preparatory or other measures to be taken in peacetime in
accordance with, inter alia, Article 5, Article 10 sub-
paragraph (b) and Article 30 of the Second Protocol; and
(b) to provide financial or other assistance in relation to
emergency, provisional or other measures to be taken in
order to protect cultural property during periods of armed
conflict or of immediate recovery after the end of hostilities
in accordance with, inter alia, Article 8 sub-paragraph (a) of
the Second Protocol.
Article 4 – Governance
4.1 In accordance with Article 23.3 (c) of the Second Protocol,
the Meeting of the Parties to the Second Protocol, hereafter
referred to as the Meeting of the Parties, provides guidelines
for, and supervises the use of the Special Account by the
Committee for the Protection of Cultural Property in the
Event of Armed Conflict, hereafter referred as the
Committee.
4.2 In accordance with Article 29.3 of the Second Protocol, the
Committee has authority over the appropriation of the
resources under this Special Account. In addition, the
Committee may accept contributions to be used only for a
certain programme or project, provided that the Committee
shall have decided on the implementation of such
programme or project.
4.3 The Director-General shall manage and administer the
funds of the Special Account in accordance with the Second
Protocol, the directives provided by the Meeting of the
Parties and the Committee, and the present Financial
Regulations.
4.4 The Director-General shall submit to the Meeting of the
Parties and the Committee narrative and financial reports as
indicated under Article 9 below.
Article 5 – Income
In accordance with Article 29.4 of the Second Protocol, the income
of the Special Account shall consist of:
(a) Voluntary contributions made by the Parties to the Second
Protocol;
(b) Contributions, gifts or bequests made by:
(i) other States;
(ii) UNESCO or other organizations of the United Nations
system;
(iii) other intergovernmental or non-governmental
organizations; and
(iv) public or private bodies or individuals.
(c) Any interest accruing on the Special Account;
(d) Funds raised by collections and receipts from events
organized for the benefit of the Special Account; and
(e) All other resources authorized by the guidelines applicable
to the Special Account.
Article 6 – Expenditure
6.1 The appropriation of the resources of the Special Account
shall be approved by the Committee.
6.2 The Special Account shall be debited with the expenditure
relating to its purpose as described in Article 3 above,
including administrative expenses specifically relating to it
and management costs applicable to Special Accounts.
6.3 Expenditure shall be made within the limits of funds
available.
Article 7 – Accounts
7.1 The Chief Financial Officer of UNESCO shall maintain such
accounting records as are necessary.
7.2 Any unused balance at the end of a financial period shall be
carried forward to the following financial period.
7.3 The accounts of the Special Account shall be part of the
consolidated financial statements presented for audit to the
External Auditor of UNESCO.
7.4 Contributions in kind shall be recorded outside the Special
Account.
Article 8 – Investments
8.1 The Director-General may make short-term investments of
sums standing to the credit of the Special Account.
8.2 Revenue from these investments shall be credited to the
Special Account in accordance with UNESCO’s Financial
Rules.
Article 9 – Reporting
9.1 An annual financial report showing the income and
expenditure under the Special Account shall be prepared
and submitted to the Committee.
9.2 A narrative report shall be submitted to the Committee every
year and every two years to the Meeting of the Parties.
Article 10 – Closure of the Special Account
10.1 The Director-General shall consult the Committee at such
time as he/she deems that the operation of the Special
Account is no longer necessary. Such consultation shall
cover the decision on the use of any unspent balance.
10.2 The decision of the Committee shall be approved by the
Meeting of the Parties and shall be transmitted to the
Executive Board prior to the effective closure of the Special
Account.
Article 11 – General provision
11.1 Any amendment to these Financial Regulations shall be
approved by the Committee and adopted by the Meeting of
the Parties. The Executive Board shall be informed
accordingly of any such amendments.
11.2 Unless otherwise provided in these Regulations, the Special
Account shall be administered in accordance with the
Financial Regulations of UNESCO.
REPUBLIC0F ESTONIA
MlNISTRY0F CULTURE
LETTER FOR CONTRIBUTIONS TO SPECIAL ACCOUNTS
To:
Lazare Eloimdou Assomo
Director
Culture and Emergencies
Culture Sector
United Nations Educational, Scientific and Cultural Organization
7, Place de Fontenoy
75352 Paris SP
France
From:
Ministry of Culture
23, Suur-Karja St.
15076 Tallinn
Estonia
fi. December 2019No9-5/5à\>\
Réf.: Contribution in favour of thé SpécialAccount for "Protection ofCultural Property in
thé Event ofArmed Conflict - Second Protocol"
Dear Mr Eloundou Assomo,
Thé Estonian Ministry of Culture is pleased to provide a contribution of 15 000 EUR (hereafter
referred as thé "Funding Contribution") to support thé UNESCO's activities related to thé
programme on Protection of Cultural Property in thé Event of Armed Conflict (hereafter referred
as "thé Programme").
Thé Estonian Ministry of Culture understands that thé Funding Contribution will be credited to a
Spécial Account (hereafter referred as "thé Fund") managed by UNESCO to support thé above-
mentioned Programme. Thé Financial Régulations of thé Fund constitute thé annex l to thé
présent agreement.
Thé Estonian Ministry of Culture agrées to pay UNESCO thé Funding Contribution on
conditionthat UNESCO:
l. Uses thé Funding Contribution for thé purpose ofthé Programme;
2. Provides to thé Estonian Ministry of Culture, upon request, with written confirmation of
receipt of thé Funding Contribution and statement specifying that thé Funding
Contributionwill be used for thépurpose(s) ofthéProgramme;
3. Provides a consolidated financial report of thé Fund, as well as consolidated narrative
report on thé progress of thé activities implemented through thé Fund, in accordance with
Suur-Karja23, 15076Tallmn, Estonia/+ 372 628 2222,mm(%kul.ee/www.kul.ee/RegistrationNo 70000941
UNESCO procédures for multi-donor contributions under a spécial account. Reports shall
be sent to ail donors in a standard format.
4. Provides a final narrative report and a final consolidated financial report to thé Estonian
Minisùy of Culture upon tennination of thé Programme and related closure of thé Fund.
Thé Estonian Ministry of Culture understands that in accordance with UNESCO procédures for
multi-donor contributions under a spécial account any unspent balance, which may remain after
thé closure of thé spécial account, shall be retumed to thé donors contributing to thé account for
thé last four years, on a pro rata basis not exceeding thé total amount received from each donor.
Thé Estonian Ministry of Culture shall deposit thé amount of 15 000 EUR in thé following
UNESCO'saccount:
Payments in EUR are to be made only by bank transfer to thé following bank account:
Account holder: UNESCO
Bank: Société Générale, Paris, France
Account n° (IBAN): FR76 3000 3033 0100 0372 9190 997
SWIFT: SOGEFRPP
Référence to be quoted in any payment instruction Budget Code: Spécial Account
310GL04000
Thé Funding Contribution is intended to cover thé direct costs of UNESCO's activities for thé
Programme and to contribute, at thé rate of 7%, to UNESCO's expenses for thé technical and
administrative supervision of thé Fund. It shall be subject to thé internai and extemal auditing
procédures as provided for in thé financial régulations, rules and directives of UNESCO.
Please sign this letter as confirmation of thé agreement set out by thé Estonian Ministry of Culture
andUNESCO.
ThéEstonianMinistry of Culture welcomesthéopportunity to cooperatewiththéUNESCO's
Fund for théProtection ofCultural Property in théEvent ofArmed Conflict.
Yours sincerely
its
Secretary Général
EstonianMinistry of Culture
Agreedto by:
United Nations Educational, Scientific and Cultural Organization
By:
Name: Lazare Eloundou Assomo
Title: Director
Date: 0^(^0^ ZO^Cî
Reet Palis +372 6282326 reet. palis@kul. ee
Financial Régulationsof thé SpécialAccount for thé
Second Protocol to thé Hague Convention of 1954 for
thé Protection of Cultural Property in thé
Event of Armed Conflict
amended at thé 8th Meeting of thé Parties ta thé 1999 Second
Protocol (Paris, 3-4 December2019)
Article 1 - Création of a SpécialAccount
1. 1 Article 29 of thé Second Protocol to thé Hague Convention of
1954 for thé Protection of Cultural Property in thé Event of
Armed Conflict (hereinafter "thé Second Protocol")
establishes a Trust Fund. Given thé multi-donor nature of thé
Fund, it will be managedas a SpécialAccount.
1.2 In accordance with Article 29 of thé Second Protocol and
Article 6, paragraphs5 and 6, ofthé Financial Régulationsof
UNESCO, there is hereby created a Spécial Account for
"Protection ofCultural Property in thé Event ofArmed Conflict
- Second Protocol", hereafter referred to as thé Spécial
Account.
1. 3 Thé following régulations shall govern thé opération of thé
SpécialAccount.
Article 2 - Financial period
2.1 Thé financial period for budget estimâtes shall be two
consécutive calendar years beginning with an even-
numbered year.
2.2 Thé financial period for accounting shall be an annual
calendar year.
Article 3 - Purpose
In accordance with Article 29. 1 of thé Second Protocol, thé
purposes of thé Spécial Account are:
(a) to provide financial or other assistance in support of
preparatory or other measures to be taken in peacetime in
accordance with, inter alia, Article 5, Article 10 sub-
paragraph (b) and Article 30 of thé Second Protocol; and
(b) to provide financial or other assistance in relation to
emergency, provisional or other measures to be taken in
order to protect cultural property during periods of armed
conflict or of immédiate recovery after thé end of hostilities
in accordance with, inter alia, Article 8 sub-paragraph (a) of
thé Second Protocol.
Article 4 - Governance
4. 1 In accordance with Article 23. 3 (e) of thé Second Protocol,
thé Meeting of thé Parties to thé Second Protocol, hereafter
referredto asthéMeeting ofthéParties, provides guidelines
for, and supervises thé use of thé Spécial Account by thé
Committee for thé Protection of Cultural Property in thé
Event of Armed Conflict, hereafter referred as thé
Committee.
4. 2 In accordance with Article 29. 3 of thé Second Protocol, thé
Committee has authority aver thé appropriation of thé
resources under this Spécial Account. In addition, thé
Committee may accept contributions to be used only for a
certain programme or project, provided that thé Committee
shall hâve decided on thé implementation of such
programme or project.
4. 3 Thé Director-General shall manage and administer thé
funds ofthéSpécialAccount in accordancewith théSecond
Protocol, thé directives provided by thé Meeting of thé
Parties and thé Committee, and thé présent Financial
Régulations.
4. 4 Thé Director-General shall submit to thé Meeting of thé
Parties and thé Committee narrative and financial reports as
indicated under Article 9 below.
Article 5 - Incarne
In accordance with Article 29. 4 of thé Second Protocot, thé income
of thé Spécial Account shall consist of:
(a) Voluntary contributions made by thé Parties to thé Second
Protocol;
(b) Contributions, gifts or bequests made by:
(i) other States;
(ii) UNESCOor other organizations of thé United Nations
System;
(iii) other intergovernmental or non-governmental
organizations; and
(iv) public or private bodies or individuals.
(e) Any interest accruing on thé SpécialAccount;
(d) Funds raised by collections and receipts from events
organized for thé benefit of thé Spécial Âccount; and
(e) Ail other resources authorized by thé guidelines applicable
to thé Spécial Account.
Article 6 - Expenditure
6. 1 Thé appropriation of thé resources of thé Spécial Account
shall be approved by thé Committee.
6. 2 Thé SpécialAccount shall be debited with thé expenditure
relating to its purpose as described in Article 3 above,
including administrative expenses specifically relating to it
and managementcosts applicableto SpécialAccounts.
6. 3 Expenditure shall be made within thé limits of funds
available.
Article 7 - Accounts
7. 1 Thé Chief Financial Officer of UNESCO shall maintain such
accounting records as are necessary.
7. 2 Any unused balanceat théend of a financialperiod shall be
carried forward to thé following financial period.
7. 3 Thé accounts of thé Spécial Account shall be part of thé
consolidated financial statements presented for audit to thé
External Auditor of UNESCO.
7. 4 Contributions in kind shall be recorded outside thé Spécial
Account.
Article 8 - Investments
8. 1 Thé Director-Generat may make short-term investments of
sums standing to thé crédit of thé Spécial Account.
8. 2 Revenue from thèse investments shall be credited to thé
Spécial Account in accordance with UNESCO's Financial
Rules.
Article 9 - Reporting
9. 1 An annual financial report showing thé income and
expenditure under thé Spécial Account shall be prepared
and submitted to thé Committee.
9. 2 A narrative report shall be submitted to thé Committee every
year and every two years to thé Meeting of thé Parties.
Article 10 - Closure of thé Spécial Account
10. 1 Thé Director-Generai shall consult thé Committee at such
time as he/she deems that thé opération of thé Spécial
Account is no longer necessary. Such consultation shall
cover thé décisionon thé use of any unspent balance.
10. 2 Thé décision of thé Committee shall be approved by thé
Meeting of thé Parties and shall be transmitted to thé
Executive Board prior to thé effective closure of thé Spécial
Account.
Article 11 - Général provision
11. 1 Any amendment to thèse Financial Régulations shall be
approved by thé Committee and adopted by thé Meeting of
thé Parties. Thé Executive Board shall be informed
accordingly of any such amendments.
11. 2 Unless otherwise provided in thèse Régulations, thé Spécial
Account shall be administered in accordance with thé
Financial Régulationsof UNESCO.