Rules of Procedure - United Nations Office on Drugs and Crime

RULES OF PROCEDURE FOR THE

CONFERENCE OF THE STATES PARTIES TO THE

UNITED NATIONS CONVENTION AGAINST CORRUPTION

UNITED NATIONS

United nations office on drUgs and crimeVienna

Rules of PRoceduRe foR the

confeRence of the states PaRties

to theunited nations convention

against coRRuPtion

United nationsnew York, 2007

iii

Contents

Page

I. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

III. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

IV. RepresentationofStatesparties. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

V. Observers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

VI. Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

VII. Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

VIII. Bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

IX. Secretariat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

X. Languages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

XI. Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

XII. Publicandprivatemeetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

XIII. Conductofbusiness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

XIV. Decision-making. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

XV. Budgetaryandfinancialquestions. . . . . . . . . . . . . . . . . . . . . . . . . 21

XVI. Interpretation,amendmentandsuspensionofthe rulesofprocedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1

I. General

Rule 1 Use of terms

For thepurposes of these rules:

(a) “Convention” shall mean the United Nations Convention againstCorruption, adopted by the General Assembly in its resolution 58/4of31October2003;

(b) “States parties” shall mean States parties to the Convention inaccordancewith its articles 67, paragraphs3 and4, and68;

(c) “Conference” shall mean the Conference of the States Parties tothe Convention established in accordance with article 63 of theConvention;

(d) “Session”shallmeananysessionof theConferenceconvened inaccordancewith article 63of theConvention andwith thepresent rules;

(e) “Secretary-General” shall mean the Secretary-General of theUnitedNations;

(f) “Secretariat” shall mean the secretariat of the Conference in ac-cordancewitharticle64oftheConvention;thefunctionsoftheSecretariatshall be performed by the United Nations Office on Drugs and Crime inaccordancewithGeneralAssembly resolution58/4;

(g) “Rules” shallmean the rulesofprocedure for theConferenceoftheStatesParties to theConvention;

(h) “Regional economic integration organization” shall mean an or-ganization constituted by sovereign States of a given region, to which itsmemberStateshavetransferredcompetenceinrespectofmattersgovernedbytheConventionandwhichhasbeendulyauthorized,inaccordancewithitsinternalprocedures,tosign,ratify,accept,approveoraccedetoit;refer-encesto“Statesparties”and“signatoryStates”undertheserulesshallap-ply, mutatis mutandis, to such organizations within the limits of their re-spective competence;

(i) “Entitiesandorganizations”shallmeantheentitiesandorganiza-tions a list of which is established by the General Assembly and which

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have received a standing invitation from the GeneralAssembly to partici-pateasobservers in thesessionsandworkofall internationalconferencesconvenedunder its auspices.

Rule 2 Scope of application

1. TheserulesofprocedureshallapplytoanysessionoftheConfer-ence convened in accordancewith article 63of theConvention.

2. These rules shall apply, mutatis mutandis, to any mechanism orbody that the Conference may establish in accordance with article 63 oftheConvention, unless it decides otherwise.

II. Sessions

Rule 3 Regular sessions

1. The Conference shall meet in regular sessions, which shall beheld at least biennially unless it decides otherwise.

2. Unless otherwise decided by the Conference, its second regularsession shall beheldwithinoneyear after thefirst session.

3. Thedateofcommencementanddurationofeach regular sessionshallbedecidedby theConferenceat theprevioussession,on the recom-mendationof thebureauof theConferencemade in consultationwith thesecretariat.

Rule 4 Special sessions

1. Specialsessionsof theConferencemaybeheldatsuchtimes,atsuchplace andwith suchduration as agreedby theConference.

2. AnyState partymay request the secretariat to convene a specialsession of the Conference. The secretariat shall immediately inform theother States parties of the request and enquire whether they concur in it.Ifwithin thirtydaysof thedateof thecommunicationof the secretariat amajority of the States parties concur in the request, a special session ofthe Conference shall be convened. Such special session shall be held at

theearliestconvenientdate,subjecttotheavailabilityoffunding,includingextrabudgetary funding.

Rule 5 Notification of sessions

ThesecretariatshallnotifytheStatesparties,aswellas theobserversreferred to in rules 14 to 17, at least sixty days in advance of a regularsession and at least thirty days in advance of a special session, of theopeningdate, place and expectedduration thereof.

Rule 6 Place of sessions

The sessions of the Conference shall take place at the seat of thesecretariat, unless the Conference decides otherwise or other appropriatearrangements are made by the secretariat in consultation with the Statesparties.

Rule 7 Temporary adjournment of sessions

TheConferencemaydecideatanysessiontoadjourntemporarilyandresume itsmeetings at a later date.

III. Agenda

Rule 8 Drawing up of the provisional agenda

1. The provisional agenda for a session shall be drawn up by thesecretariat in consultationwith thebureau.

2. Theprovisional agenda for a session shall include:

(a) Items arising from theprovisionsof theConvention;

(b) Items the inclusionofwhichhasbeendecidedatapreviousses-sionof theConference;

(c) Items relating to theorganizationof the session;

Rules of Procedure: United Nations Convention against Corruption 3


(d) Items relating to voluntary contributions as provided for in arti-cles60, 62 and63of theConvention;

(e) Any item proposed by any State party, the bureau or theSecretary-General.

Rule 9 Communication of the provisional agenda

The provisional agenda for a session shall be communicated by thesecretariat to the States parties, as well as the observers referred to inrules14 to 17, at least sixty days in advance of a regular session and atleast thirtydaysinadvanceofaspecialsession, togetherwithanysupple-mentarydocumentation, if necessary.

Rule 10 Explanatory memorandum

Any itemproposed for inclusion in the agenda shall be accompaniedby an explanatory memorandum and, if possible, by basic documents orby a draft recommendationor decision.

Rule 11 Adoption of the agenda

Ateachsession,theprovisionalagendashallbesubmittedtotheCon-ferenceforconsiderationandapprovalassoonaspossibleaftertheopeningof the session.

IV. Representation of States parties

Rule 12 Representation of States parties

EachStatepartyparticipatinginasessionshallberepresentedbyonerepresentative, who may be accompanied by alternate representatives andadvisers as the State party may require. The representative and all suchalternate representatives and advisers shall constitute the State party’sdelegation to theConference.


Rule 13 Alternates

Each representativemaydesignate any alternate inhis or herdelega-tion to act in his or her placeduring theConference.

V. Observers

Rule 14 Participation of signatories

1. SubjecttopriorwrittennotificationtotheSecretary-General,anyState or regional economic integration organization signatory to the Con-vention inaccordancewith itsarticle67,paragraphs1and2, shallbeen-titled to participate as anobserver in theConference.

2. Participationof such signatories shall entitle them:

(a) To attendmeetingsof theConference;

(b) Todeliver statements at suchmeetings;

(c) To receive thedocuments of theConference;

(d) To submit their views inwriting to theConference; and

(e) Toparticipate in thedeliberativeprocess of theConference.

Rule 15 Participation of non-signatories

1. AnyotherStateorregionaleconomicintegrationorganizationthathasnotsignedtheConventioninaccordancewithitsarticle67,paragraphs1 and 2, may apply to the bureau for observer status, which shall be ac-cordedunless otherwisedecidedby theConference.

2. Without taking part in the adoption of decisions on substantiveand procedural matters, whether by consensus or by vote, at the Confer-ence,suchnon-signatoryStatesandregionaleconomicintegrationorganiza-tionsmay:

(a) Attendplenarymeetingsof theConference;

(b) DeliverstatementsatsuchmeetingsattheinvitationofthePresi-dent in consultationwith thebureau;


(c) Receive thedocuments of theConference; and

(d) Submit their views inwriting to theConference.

Rule 16 Participation of entities and intergovernmental organizations

1. SubjecttopriorwrittennotificationtotheSecretary-General,rep-resentativesof entities andorganizations thathave receiveda standing in-vitation from theGeneralAssembly toparticipateasobservers in the ses-sionsandworkofallinternationalconferencesconvenedunderitsauspices,representatives of United Nations bodies, specialized agencies and funds,aswellas representativesof functionalcommissionsof theEconomicandSocialCouncil,shallbeentitledtoparticipateasobserversinthedelibera-tionsof theConference.

2. Representativesofanyotherrelevantintergovernmentalorganiza-tion may also apply to the bureau for observer status, which shall be ac-cordedunless otherwisedecidedby theConference.

3. Without taking part in the adoption of decisions on substantiveand procedural matters, whether by consensus or by vote, at the Confer-ence, such entities andorganizationsmay:


(b) DeliverstatementsatsuchmeetingsattheinvitationofthePresi-dent in consultationwith thebureau;

(c) Receive thedocuments of theConference; and

(d) Submit their views inwriting to theConference.

Rule 17 Participation of non-governmental organizations

1. Relevantnon-governmentalorganizationshavingconsultativesta-tus with the Economic and Social Council may apply to the bureau forobserverstatus,whichshouldbeaccordedunlessotherwisedecidedbytheConference.

2. Otherrelevantnon-governmentalorganizationsmayalsoapplytothebureauforobserverstatus.Thesecretariatshallcirculateasadocumenta list of suchorganizationswith sufficient information at least thirtydaysprior to the Conference. If there is no objection to a non-governmentalorganization,observer status shouldbeaccordedunlessotherwisedecidedby the Conference. If there is an objection, the matter will be referred totheConference for a decision.


3. Without taking part in the adoption of decisions on substantiveand procedural matters, whether by consensus or by vote, at the Confer-ence, suchnon-governmental organizationsmay:


(b) Upon the invitation of the President and subject to the approvaloftheConference,makeoralstatementsorprovidewrittenreports1atsuchmeetingsthroughalimitednumberofrepresentativesonquestionsrelatingto their activities; and

(c) Receive thedocuments of theConference.

VI. Credentials

Rule 18 Submission of credentials

1. The credentials of representatives of each State party and thenames of the persons constituting the State party’s delegation shall besubmitted to the secretariat if possiblenot later than twenty-fourhours inadvanceof theopeningof the session.

2. Any later change in the composition of the delegation shall alsobe submitted to the secretariat.

3. The credentials shall be issued by the Head of State or Govern-ment,bytheMinisterforForeignAffairsorbythePermanentRepresenta-tivetotheUnitedNationsoftheStatepartyinaccordancewithitsdomesticlawor, in thecaseofaregionaleconomic integrationorganization,by thecompetent authority of that organization.

4. WhentheConferenceistoconsiderproposalsforamendmentstotheConventioninaccordancewitharticle69oftheConventionandrule52oftherulesofprocedure,thecredentialsshallbeissuedeitherbytheHeadofStateorGovernmentorbytheMinisterforForeignAffairsof theStateparty, or, in the case of a regional economic integration organization, bythe competent authority of that organization.

Rule 19 Examination of credentials

The bureau of any session shall examine the credentials and submitits report to theConference.

1 the secretariat is under no obligation to translate reports submitted by non-governmental organiza-tions into the official languages of the United Nations.


Rule 20 Provisional admission to a session

Pendingadecisionofthebureauupontheircredentials,representativesshallbeentitledtoparticipateprovisionallyinthesession.Anyrepresenta-tiveofaStateparty towhoseadmissionanotherStatepartyhasmadeob-jection shall be seated provisionally with the same rights as other repre-sentativesofStatespartiesuntilthebureauhasreportedandtheConferencehas taken its decision.

Rule 21 Notification regarding participation of representatives of observers

Thenamesofdesignatedrepresentativesofobserversandofalternatesand adviserswho accompany them shall be submitted to the secretariat.

VII. Officers

Rule 22 Election

1. Attheopeningofeachsession,aPresident,threeVice-Presidentsand a Rapporteur shall be elected from among the representatives of theStates parties that are present at the session.

2. ThePresident,theVice-PresidentsandtheRapporteurshallserveas theofficers of the session.

3. In electing the officers of the session, each of the five regionalgroupsshallberepresentedbyoneofficer.TheofficesofthePresidentandRapporteurof theConferenceshallnormallybesubject to rotationamongthefive regional groups.

Rule 23 Term of office

ThePresident,theVice-PresidentsandtheRapporteurshallholdofficeuntil their successors are elected at thenext session.


Rule 24 Acting President

IfthePresidentfindsitnecessarytobeabsentduringasessionoranypart thereof, he or she shall designate one of theVice-Presidents to takehis or her place.

Rule 25 Powers and duties of the Acting President

AVice-President acting as President shall have the same powers andduties as thePresident.

Rule 26 Replacement of the President

1. If the President is unable to perform his or her functions, theConference shall elect anewPresident fromamong the representativesoftheStates parties of the same region as thePresident.

2. If sucha replacementbecomesnecessaryafter theclosureof thesession, the officers shall select a new President from among the Vice-Presidents.TheStatepartyofthereplacedPresidentshallhavetherighttofill thevacancy in thebureau thus created.

Rule 27 General powers of the President

In addition to exercising the powers conferred upon him or her else-where by these rules, the President shall declare the opening and closingof each plenary meeting of the session, direct the discussions in plenarymeeting, ensure observance of these rules, accord the right to speak, putquestionstothevoteandannouncedecisions.Heorsheshallruleonpointsof order and, subject to these rules, shall have complete control of theproceedingsatanymeetingandoverthemaintenanceoforderthereat.ThePresident may, in the course of the discussion of an item, propose to theConferencethelimitationofthetimetobeallowedtospeakers,thelimita-tionof thenumberof timeseach representativemayspeak, theclosureofthelistofspeakersortheclosureofthedebate.Heorshemayalsoproposethe suspension or the adjournment of the meeting or the adjournment ofthe debate on the item under discussion. He or she may also make state-ments onbehalf of theConference.


Rule 28 The President shall remain under the authority of the Conference

The President, in the exercise of his or her functions, shall remainunder the authority of theConference.

Rule 29 The President shall not vote

The President, or aVice-President acting as President, shall not votebut shalldesignateanothermemberofhisorherdelegation tovote inhisor her place.

VIII. Bureau

Rule 30 Composition and functions

ThePresident, theVice-PresidentsandtheRapporteurshallconstitutethe bureau of the Conference, which shall meet as necessary during thesession to review theprogressofwork and tomake recommendations forfurthering such progress. It shall also meet at such other times as thePresidentdeemsnecessaryorupontherequestofanyotherofitsmembers.The bureau shall assist the President in the general conduct of work thatfallswithin thecompetenceof thePresidentandperformsuchother func-tions as foreseenby these rules.

Rule 31 Replacement of officers of the bureau

If an officer of the bureau other than the President resigns or isotherwise unable to complete the assigned term of office or to performthe functions of that office, a representative of the same State party shallbe named by the State party concerned to replace the said officer for theremainder of that officer’smandate.


IX. Secretariat

Rule 32 Duties of the Secretary-General

TheSecretary-Generalshallact inthatcapacityinallmeetingsoftheConference. He or she may designate a member of the secretariat to actin his or her place at thosemeetings.

Rule 33 Duties of the secretariat

In addition to the functions specified in article64of theConvention,thesecretariat shall receive, translate, reproduceanddistributedocuments,reports and decisions of the Conference; interpret speeches made at themeetings; prepare, print and circulate the records of the session; have thecustody and proper preservation of the documents in the archives of theConference; distribute all documents of the Conference; assist the bureauof the Conference in the performance of their functions; and, generally,performall otherwork and functions that theConferencemay require.

X. Languages

Rule 34 Official and working languages

Arabic, Chinese, English, French, Russian and Spanish shall be boththeofficial and theworking languagesof theConference.

Rule 35 Interpretation of speeches made in the official languages

Speechesmade inanyof thesixofficial languagesof theConferenceshall be interpreted into theotherfive languages.


Rule 36 Interpretation of speeches made in a language other than

the official languages

Any representativesmaymake a speech in a languageother than theofficial languagesof theConference. In that case, heor she shall providefor interpretation into one of the languages of the Conference. Interpreta-tion into the other languages of the Conference by the interpreters of thesecretariat may be based on the interpretation given in the first suchlanguage.

Rule 37 Languages of documents submitted by States parties and observers

AlldocumentssubmittedbyStatespartiesandobserverstothesecre-tariat shall be in oneof theofficial languagesof theConference.

Rule 38 Languages of recommendations and decisions

All recommendations, decisions and other documents shall be pub-lished in theofficial languagesof theConference.

XI. Records

Rule 39 Sound recording of meetings

SoundrecordingsofthemeetingsoftheConferenceshallbemadebythesecretariat.

XII. Public and private meetings

Rule 40 General principles

1. The plenary meetings of the Conference shall normally be heldin public unless theConferencedecides otherwise.


2. Meetingsof thebureaushallbeheld inprivateunless thebureaudecides otherwise.

3. Decisions of the Conference taken at a private meeting shall beannounced at the followingpublicmeeting.

XIII. Conduct of business

Rule 41 Quorum

1. ThePresidentmaydeclareameetingoftheConferenceopenandpermit the debate to proceed when at least one third of the States partiesparticipating in the session are present.

2. Thepresenceofamajorityof theStatespartiesshallberequiredfor anydecision to be taken.

Rule 42 Speeches

No representative may address the Conference without having previ-ously obtained the permission of the President. The President shall calluponspeakersintheorderinwhichtheysignifytheirdesiretospeak.ThePresidentmaycallaspeakertoorderifhisorherremarksarenotrelevantto the subject under discussion.

Rule 43 Statements by the secretariat

The Secretary-General, or a member of the secretariat designated byhim or her as his or her representative, may at any time make either oralor written statements to the Conference concerning any question underconsiderationby it.

Rule 44 Points of order

During thediscussionof anymatter, a representativeof aStatepartymay rise to a point of order and the point of order shall be immediatelydecided by the President in accordance with the rules of procedure. A


representativeof aState partymay appeal against the rulingof thePresi-dent.The appeal shall be immediately put to the vote and the President’srulingshallstandunlessoverruledbyamajorityoftheStatespartiespresentandvoting.ArepresentativeofaStatepartyrisingtoapointofordermaynot speakon the substanceof thematter under discussion.

Rule 45 Time limit on speeches

TheConferencemaylimitthetimetobeallowedtoeachspeakerandthenumberoftimeseachrepresentativemayspeakonanyquestion.Beforeadecisionistaken,tworepresentativesofStatespartiesmayspeakinfavourof,andtwoagainst,aproposaltosetsuchlimits.Whenthedebateislimitedand a representative exceeds his or her allotted time, the President shallcall himor her to orderwithout delay.

Rule 46 Closing of the list of speakers and right of reply

Duringthecourseofadebate, thePresidentmayannouncethelistofspeakers and, with the consent of the Conference, declare the list closed.Heor shemay,however,accord the rightof reply toany representative ifa speech delivered after he or she has declared the list closed makes thisdesirable.

Rule 47 Adjournment of debate

During thediscussionof anymatter, a representativeof aStatepartymaymove theadjournmentof thedebateon the itemunderdiscussion. Inadditiontotheproposerofthemotion,tworepresentativesofStatespartiesmayspeak in favourof, and twoagainst, themotion, afterwhich themo-tion shall be immediately decided upon, if necessary by being put to thevote. The President may limit the time to be allowed to speakers underthis rule.

Rule 48 Closure of debate

A representative of a State party may at any time move orally theclosure of the debate on the item under discussion, whether or not any


other representative has signified his or her wish to speak. Permission tospeak on the closure of the debate shall be accorded only to two repre-sentatives of States parties opposing the closure, after which the motionshallbe immediatelydecidedupon, ifnecessarybybeingput to thevote.If the Conference is in favour of the closure, the President shall declarethe closureof thedebate.ThePresidentmay limit the time tobe allowedto speakers under this rule.

Rule 49 Suspension or adjournment of the meeting

During thediscussionof anymatter, a representativeof aStatepartymaymoveorally the suspensionor the adjournmentof themeeting.Suchmotionsshallnotbedebated,butshallbeimmediatelyputtothevote.ThePresidentmaylimit thetimetobeallowedtothespeakermovingthesus-pensionor adjournment of themeeting.

Rule 50 Order of procedural motions

Subject to rule44, theproceduralmotions indicatedbelowshallhaveprecedenceinthefollowingorderoverallotherproposalsormotionsbeforethemeeting:

(a) To suspend themeeting;

(b) To adjourn themeeting;

(c) To adjourn thedebate on the itemunder discussion;

(d) To close the debate on the itemunder discussion.

Rule 51 Proposals and amendments

Proposals and amendments shall be submitted by States parties andsignatoryStates,normallyinwriting,tothesecretariat,whichshallcirculatecopiestothedelegations.Asageneralrule,noproposalshallbediscussedorconsideredfordecisionatanymeetingof theConferenceunlesscopiesofithavebeencirculatedtoallparticipantsinall theofficiallanguagesofthe Conference not later than one day in advance of the meeting. ThePresident may, however, permit the discussion and consideration of amend-ments, or of motions as to procedure, even though such amendments andmotionshavenotbeencirculatedorhaveonlybeencirculated thesameday.


Rule 52 Proposals of amendments to the Convention

Proposals of amendments to the Convention shall be communicatedtotheStatespartiesbytheSecretary-Generalatleastsixmonthsinadvanceofthesessionatwhichtheyareproposedforconsiderationandsubsequentadoption.

Rule 53 Decisions on competence

Subject to rule50,anymotionbyaStatepartycalling foradecisionon the competence of the Conference to adopt a proposal submitted to itshall be put to the vote before a decision is taken on the proposal inquestion.

Rule 54 Withdrawal of proposals and motions

Anyproposalormotionmaybewithdrawnbyitssponsoratanytimebeforevotingonithascommenced,providedthatithasnotbeenamendedby decision of the Conference. A proposal or a motion thus withdrawnmaybe reintroducedby any representativeof aState party.

Rule 55 Reconsideration of proposals and amendments

Whenaproposaloramendmenthasbeenadoptedorrejected, itshallnot be reconsidered at the same session unless the Conference, by atwo-thirds majority of the States parties present and voting, so decides.Permission to speak on a motion to reconsider shall be accorded only totwo speakers of States parties opposing reconsideration, after which themotion shall be immediatelyput to thevote.

XIV. Decision-making

Rule 56 Consensus

StatespartiesshallmakeeveryefforttoadoptdecisionsintheConfer-enceby consensus.


Rule 57 Voting rights

1. If consensuscannotbe reached,decisions shallbe takenbyvoteand eachState party shall haveonevote.

2. Regional economic integration organizations, in matters withintheircompetence,shallexercise their right tovotewithanumberofvotesequaltothenumberoftheirmemberStatesthatareparties.Suchorganiza-tions shall not exercise their right to vote if their member States exercisetheirs andviceversa.

Rule 58 Decisions on matters of substance and budgetary issues

Statespartiesshallmakeeveryefforttoreachagreementonallmattersof substance and budgetary issues by consensus. If all efforts to reachconsensushavebeenexhaustedandnoagreementhasbeen reached,deci-sionsshall,asalastresort,betakenbyatwo-thirdsmajorityoftheStatesparties present andvoting, except:

(a) As otherwiseprovided in theConvention;

(b) Inthecaseoftheadoptionofbudgetaryissues,whichshallrequireunanimity.

Rule 59 Decisions on amendments to proposals relating to

matters of substance

Decisions of the Conference on amendments to proposals relating tomatters of substance shall be made by a two-thirds majority of the Statesparties present andvoting.

Rule 60 Decisions on matters of procedure

Withoutprejudicetorule56andexceptasotherwiseprovidedintheserules,decisionsonmattersofprocedureshallbetakenbyasimplemajorityof theStatesparties present andvoting.


Rule 61 Decision whether the matter is one of substance or not

Whenthe issuearisesas towhether thematter isoneofsubstanceornot, that matter shall be treated as one of substance unless otherwise de-cidedbytheConferencebythemajorityrequiredforadecisiononmattersof substance.

Rule 62 Amendments to the Convention

AmendmentstotheConventionproposedpursuanttoarticle69,para-graph 1, of the Convention on which consensus cannot be reached shallbeadoptedbytheConferencebyatwo-thirdsmajorityoftheStatespartiespresent andvoting.

Rule 63 Meaning of the phrase “States parties present and voting”

For thepurposesof theserules, thephrase“Statespartiespresentandvoting”meansStatespartiescastinganaffirmativeornegativevote.Statesparties that abstain fromvoting are considered as not voting.

Rule 64 Method of voting

1. TheConferenceshallnormallyvotebyshowofhandsorbystand-ing, but a representative of any State party may request a roll-call. Theroll-call shall be taken in the English alphabetical order of the names oftheStatesparties,beginningwith theStatepartywhosenameisdrawnbylot by the President.The name of each State party shall be called in anyroll-call and one of its representatives shall reply “yes”, “no” or “absten-tion”.TheresultofthevotingshallbeinsertedintherecordintheEnglishalphabetical order of thenamesof theStates parties.

2. When the Conference votes by mechanical or electronic means,anon-recordedvote shall replaceavotebyshowofhandsorbystandingand a recorded vote shall replace a roll-call vote.A representative of anyState party may request a recorded vote. In the case of a recorded vote,the Conference shall, unless a representative of a State party requests


otherwise, dispense with the procedure of calling out the names of theStatesparties;nevertheless, theresultofthevotingshallbeinsertedintherecord in the samemanner as that of a roll-call vote.

Rule 65 Conduct during voting

After the President has announced the commencement of voting, norepresentativeshallinterruptthevoting,exceptthatrepresentativesofStatesparties may interrupt on a point of order in connection with the actualconduct of thevoting.

Rule 66 Explanation of vote or position

1. RepresentativesofStatespartiesmaymakebriefstatementscon-sisting solely of explanations of their votes before the voting has com-menced or after the voting has been completed, except when the vote istaken by secret ballot. The representative of a State party sponsoring aproposal or motion shall not speak in explanation of vote thereon, exceptif it has been amended. The President may limit the time to be allowedfor such explanations.

2. Similarly,explanatorystatementsofpositionmaybemadeincon-nectionwith a decision takenwithout a vote.

Rule 67 Division of proposals and amendments

A representative of a State party may move that parts of a proposalor of an amendment shall be voted on separately. If objection is made tothe request for division, the motion for division shall be first voted upon.Permission tospeakon themotionfordivisionshallbegivenonly to tworepresentatives of States parties in favour and two representatives against.If the motion for division is carried, those parts of the proposal or of theamendmentwhicharesubsequentlyapprovedshallbeput to thevoteasawhole.Ifalloperativepartsoftheproposaloroftheamendmenthavebeenrejected, theproposalor the amendment shall be considered tohavebeenrejected as awhole.


Rule 68 Voting on amendments

1. Whenanamendmenttoaproposalismoved,theamendmentshallbe voted first. When two or more amendments are moved to a proposal,theConferenceshallfirstvoteontheamendmentdeemedbythePresidentto be furthest removed in substance from the original proposal and thenon the amendment next furthest removed therefrom, and so on, until allthe amendmentshavebeenput to thevote.Where, however, the adoptionofoneamendmentnecessarilyimpliestherejectionofanotheramendment,the latter amendment shall not be put to the vote. If one or more amend-ments are adopted, the amendedproposal shall thenbevotedupon.

2. A motion shall be considered an amendment to a proposal if itmerely adds to, deletes fromor revises part of that proposal.

Rule 69 Voting on proposals

If twoormoreproposals relate to the samequestion, theConferenceshall, unless it decides otherwise, vote on the proposals in the order inwhich theyhavebeen submitted.TheConferencemay, after eachvoteona proposal, decidewhether to vote on thenext proposal.

Rule 70 Elections

1. Allelectionsshallbeheldbysecretballotunless, in theabsenceofanyobjection,theConferencedecidestoproceedwithouttakingaballoton an agreed candidate or slate of candidates. There shall be nonominations.

2. When two or more elective places are to be filled at one timeunder the same conditions, those candidates, in a number not exceedingthe number of such places, obtaining in the first ballot a majority of thevotes cast or the largest numberof votes shall be elected.

3. If the number of candidates obtaining such majority is less thanthenumberofplacestobefilled,additionalballotsshallbeheldtofilltheremainingplaces.


Rule 71 Equally divided votes

If a vote is equally divided, the President shall give additional timefor reconsideration of the issue before the proposal is once again put tothevote. Incase thevote is still equallydivided, theproposalvoteduponshall be considered rejected.

XV. Budgetary and financial questions

Rule 72 Preparation of a budget

Thesecretariatshallprepareabudgetforthefinancingofactivitiesofthe Conference related to technical cooperation undertaken in accordancewith articles60, 62 and 63 and chapters II to V of the Convention andcommunicate it to the States parties at least sixty days in advance of theopeningof the regular session atwhich thebudget is to be adopted.

Rule 73 Adoption of the budget

The Conference shall consider and decide on the budget preparedpursuant to rule 72.

Rule 74 Financial Regulations and Rules

TheFinancialRegulationsandRulesoftheUnitedNations2shallgov-ern,mutatismutandis, thefinancial administrationof thebudgetapprovedby theConference.

Rule 75 Statements of financial implications

Anyproposaloramendmentthatmayhavefinancialimplicationsshallbe accompanied by a statement of financial implications prepared by the

2 ST/SGB/2003/7.


secretariat, which shall be made available to the Conference prior to itsconsiderationof and actionupon theproposal or amendment in question.

XVI. Interpretation, amendment and suspension of the rules of procedure

Rule 76 Italicized headings

The italicized headings of these rules, which were inserted for refer-ence purposes only, shall be disregarded in the interpretation of therules.

Rule 77 Method of amendment

These rules may be amended by a decision of the Conference takenby a two-thirdsmajority of theStates parties present andvoting.

Rule 78 Suspension of rules

Anyoftheserulesmaybesuspended,subjecttotheprovisionsoftheConvention,byadecisionoftheConferencetakenbyatwo-thirdsmajorityof theStates parties present andvoting.

Rule 79 Overriding authority of the Convention

In theeventof anyconflictbetweenanyprovisionof these rules andanyprovisionof theConvention, theConvention shall prevail.

Rule 80 Entry into force

These rules shall enter into force immediately after their adoption.

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Documents

Rules of Procedure - United Nations Office on Drugs and Crime