CHAPTER XIV

EDUCATIONAL AND CULTURAL MATTERS7Statutes of the International Centre for Genetic Engineering and BiotechnologyMadrid, 13 September 1983Entry into force3 February 1994, in accordance with article 21(1).Registration3 February 1994, No. 30673StatusSignatories45Parties62TextUnited Nations, <i>Treaty Series </i>, vol. 1763, p. 91; see also hereinafter the Protocol of the reconvened plenipotentiary meeting (XIV.7a).The Statutes were adopted at the Ministerial Level Plenipotentiary Meeting on the Establishment of the International Centre for Genetic Engineering and Biotechnology held at Madrid, Spain, from 7 to 13 September 1983 under the auspices of the United Nations Industrial Development Organization. They were open for signature at Madrid on 12 and 13 September 1983 and remain open for signature at the United Nations Headquarters, New York, until their entry into force. Pursuant to article 21 (1), the Statutes are to enter into force when at least twenty-four States, including the Host State<superscript>1</superscript> of the Centre, have deposited instruments of ratification or acceptance and having further ascertained among themselves that sufficient financial resources are ensured, have then deposited with the Secretary-General notifications indicating their agreement to the entry into force of the Statutes.

Participant<superscript>2</superscript>Signature, Signature ad referendum (s)Confirmation of signature ad referendum(C)Ratification, Acceptance(A), Accession(a)Notification under article 21 (1)Afghanistan13 Sep 1983 28 Mar 1984 C 6 Jul 1988 Algeria13 Sep 1983 11 Sep 1987 22 Dec 1992 Argentina13 Sep 1983 8 May 1990 22 Dec 1992 Bangladesh18 Jul 1996 aBhutan31 May 1984 7 May 1985 22 Dec 1992 Bolivia (Plurinational State of)13 Sep 1983 Bosnia and Herzegovina 1 Feb 2005 aBrazil<superscript>3</superscript> 5 May 1986 9 Mar 1990 4 Feb 1993 Bulgaria13 Sep 1983 23 Jun 1986 ABurundi22 Aug 2008 aCameroon27 Apr 2006 aChile13 Sep 1983 27 Apr 1994 China<superscript>4</superscript>13 Sep 1983 13 Apr 1992 A22 Dec 1992 Colombia21 Nov 1986 3 Mar 1997 Congo13 Sep 1983 Costa Rica14 Aug 1990 11 Oct 1996 Côte d'Ivoire22 Jan 1999 aCroatia20 Oct 1992 26 Aug 1993 A20 Sep 1993 Cuba13 Sep 1983 30 Jun 1986 22 Dec 1992 Democratic Republic of the Congo13 Sep 1983 Ecuador13 Sep 1983 26 Oct 1994 Egypt13 Sep 1983 13 Jan 1987 22 Dec 1992 Eritrea26 Jan 2010 aGreece13 Sep 1983 Hungary13 Jan 1987 13 Jan 1987 A31 Aug 1993 India13 Sep 1983 9 Jul 1985 22 Dec 1992 Indonesia13 Sep 1983 Iran (Islamic Republic of)29 Apr 1988 18 Dec 2001 Iraq28 Feb 1984 19 Feb 1985 22 Dec 1992 Italy13 Sep 1983 20 Sep 1990 22 Dec 1992 Jordan 8 Nov 2002 aKenya30 Jul 2010 aKuwait<superscript>5</superscript>13 Sep 1983 21 Oct 1986 Kyrgyzstan 7 Oct 1994 aLiberia22 Nov 2005 aLibya30 Jun 2008 aMalaysia11 Dec 2007 aMauritania13 Sep 1983 Mauritius19 Sep 1984 5 Jan 1989 11 May 1993 Mexico13 Sep 1983 21 May 1984 C21 Jan 1988 Montenegro 6 Aug 2012 aMorocco19 Oct 1984 28 Jun 1990 22 Dec 1992 Namibia 2 Nov 2012 aNigeria13 Sep 1983 13 Mar 1991 27 Apr 1994 Pakistan 4 Nov 1983 5 Apr 1994 Panama11 Dec 1984 12 Aug 1986 22 Dec 1992 Peru22 Mar 1984 6 Jan 1995 Poland 1 Aug 1990 9 Sep 1996 Qatar16 Jan 2008 aRomania 5 Dec 1995 aRussian Federation30 Nov 1992 A22 Dec 1992 Saudi Arabia 2 Jan 2006 aSenegal29 Jun 1984 4 May 1985 23 Dec 1993 Slovakia13 Jan 1998 aSlovenia28 Dec 1994 aSouth Africa 6 Feb 2004 aSpain13 Sep 1983 Sri Lanka12 Nov 1991 1 Oct 1993 3 Feb 1994 Sudan13 Sep 1983 21 Oct 1991 22 Dec 1992 Syrian Arab Republic17 Oct 1991 18 Apr 2001 Thailand13 Sep 1983 The former Yugoslav Republic of Macedonia27 Apr 1994 aTrinidad and Tobago13 Sep 1983 13 Oct 2003 Tunisia27 Oct 1983 20 Sep 1990 22 Dec 1992 Turkey22 Sep 1987 10 Jan 1989 22 Dec 1992 United Arab Emirates22 Mar 2004 aUnited Republic of Tanzania 1 May 2001 aUruguay 5 Dec 1995 aVenezuela (Bolivarian Republic of)13 Sep 1983 15 Oct 1985 22 Dec 1992 Viet Nam17 Sep 1984 15 Apr 1993 A15 Apr 1993 Chile<superscript>6</superscript>Reservations:(a) The Government of Chile hereby enters a reservation to article 13, paragraph 3, of the Statutes inasmuch as, under the provisions of its Constitution and internal law, the property and assets of the Centre may be expropriated by virtue of a general or special law authorizing such expropriation on the ground of public benefit or national interest as may be determined by legislation.(b) The Government of Chile hereby enters a reservation to article 13, paragraphs 5, 6 and 7, of the Statutes inasmuch as the privileges and immunities of representatives of the Members and of officials and experts of the Centre shall be granted in accordance with the terms of the said paragraphs save where any such person holds Chilean nationality.ColombiaDeclarations:1. Pilot plant activities in Colombian territoryWith respect to the scope of article 3 (a) of the Statutes, which refers to pilot plant activities in the field of genetic engineering and biotechnology, when pilot plants are established in Colombian territory they may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, protection of life, health, food production and the cultural integrity of indigenous, black and peasant communities.2. Functions of the Board of GovernorsWith regard to the scope of article 6, paragraph 2 (a), which specifies that the Board of Governors shall determine the general policies and principles governing the activities of the Centre, it is to be understood that when this provision is applied in Colombia it shall not contravene the domestic, supranational or international legal provisions regarding biosafety, management of genetic resources, and protection of biological, ethnic and cultural diversity and of life, health and food production.3. Attributions of the Council of Scientific AdvisersLikewise, the Government of the Republic of Colombia makes the following statement with regard to the function of the Council of Scientific Advisers provided for in article 7, paragraph 4 (e), of the Statutes, giving it the power to approve safety regulations for the Centre, in other words the safety regulations governing the research work approved by the Council of Scientific Advisers. These provisions, when applied in Colombia, may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, and protection of biological, ethnic and cultural diversity and of life, health and food production.4. Intellectual property rights and patentsWith respect to article 6, paragraph 2 (e), which specifies that one of the functions of the Board of Governors is to "Establish ...rules which regulate patents, licensing, copyrights and other rights to intellectual property, including the transfer of results emanating from the research work of the Centre", the Government of the Republic of Colombia considers that these powers of the Board of Governors must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.The foregoing declaration also extends to article 14, paragraph 2, of the Statutes, which establishes the Centre's ownership of copyright and patent rights relating to any work produced or developed by the Centre; in other words, these rights must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.As a consequence of the foregoing declarations, the Government of the Republic of Colombia states that article 14, paragraph 3, referring to the policy pursued by the Centre to obtain patents or interests in patents on results of genetic engineering and biotechnology developed through projects of the Centre, shall apply in Colombia on the understanding that the rules in force under domestic, supranational and international regulations with regard to industrial and intellectual property will be complied with; specifically, the Governmentof the Republic of Colombia states that the scope of the paragraphs cited in article 14 of the present instrument is to be understood as being subject to the following conditions:"The Centre may not acquire any right to any work developed or produced on the basis of Colombian biological or genetic material if the development or product is amonghose provided for in articles 6 and 7 of Decision 344 of 1993 of the Commission of the Cartagena Agreement or, in general, contravenes the regimes provided for in Decisions 344 and 345 of 1993 of the Cartagena Agreement" and"The Centre shall not be able to patent or exercise any right over inventions deriving from traditional knowledge, utilization or exploitation of biological or genetic resources developed by Colombian black, indigenous and peasant communities, except in cases where the national communities, by common agreement and subject to payment of such fees as may be payable under the legislation in force, cede the rights in question."Likewise, the Government of the Republic of Colombia wishes to indicate with respect to article 14, paragraph 4, dealing with access to intellectual property rights concerning the results emanating from the research work of the Centre by Members and by developing countries that are not Members of the Centre, that this provision must be interpreted in conformity with the principles of equity and reciprocity governing Colombia's international relations. In particular, the Republic of Colombia considers that where such rights are the outcome of research conducted on the basis of Colombian biological or genetic material, Colombia should enjoy particularly favourable access to them.5. Legal status, privileges and immunitiesWith respect to article 13, paragraph 2, of the Statutes, whichprovides that the property of the Centre "shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity", the Government of the Republic of Colombia accepts that provision on condition that, in the event of a legal dispute arising between an inhabitant of the national territory and the Centre in which the latter is acting as a private individual or subject to the rules of domestic or supranational law, recourse may be had to the judicial mechanisms prescribed bythe national and international legal order in order that the conflict may be resolved in accordance with the legislation in force in Colombian territory.With regard to the provisions of paragraph 3 of the same article, which refers to the inviolability of the premises of the Centre and states that wherever located, they shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative actions, the Republic of Colombia wishes to point out that this provision does not prevent the Colombian authorities from establishing effective control and inspection mechanisms that will enable the State to discharge its inescapable duty of monitoring compliance with the national, supranational and international legislation on biosecurity and protection of natural resources, cultural diversity, life, health and the production of food in Colombian territory.CubaReservation:The Government of the Republic of Cuba formulates an express reservation to paragraphs 2, 3 and 4 of article 14 of the Statutes of the International Centre for Genetic Engineering and Biotechnology, because it considers that the provisions thereof contravene the regulations of article 4 of the Paris Convention for the Protection of Industrial Property of 20 March 1883, to which Cuba is a party, and the Cuban legislation guaranteeing the implementation of that Convention.ItalyDeclaration:Pending adoption of the Headquarters Agreement, article 13, paragraphs 2 and 9, of the Statutes, will be implemented within the limits established by applicable norms of the Italian legal system.MexicoIn accordance with article 19 of the 1967 Paris Convention for the Protection of Industrial Property, the United Mexican States declares that it will apply the general policy regarding copyright established by the governing body of the International Centre for Genetic Engineering and Biotechnology, insofar as it reflects the principles relating to that subject embodied in the above-mentioned Paris Convention.SpainUpon signature:<i>Reservation:</i>In respect of article 13 (4).Trinidad and TobagoUpon signature:<i>Reservation:</i>"The reservation of the Government of Trinidad and Tobago to articles 10 and 11 of these statutes relates specifically to the non-acceptance by the Government of Trinidad and Tobago of any obligation with respect to the financing of the International Centre by assessed contributions or by voluntary contributions on the part of the Government of Trinidad and Tobago, in the absence of any decision on the selection of a host country for the International Centre, and consequently in the absence of any reliable indication of the cost of the International Centre, and the proportion of that cost to be borne by the host country, on the one hand, or by other member States, on the other hand."1In accordance with the Protocol of the Reconvened Plenipotentiary Meeting on the Establishment of the International Centre for Genetic Engineering and Biotechnolgy of 4 April 1984 [see chapter XIV.7 (a)], the Governments of Italy and India are to host the Centre. For the date of deposit of their instruments of ratification and notifications under article 21 (1), see the table in this chapter.2The former Yugoslavia had signed and ratified the Statutes on 13 September 1983 and 18 March 1987, respectively. Subsequently, on 22 December 1992, the Federal Republic of Yugoslavia deposited a notification under article 21 (1) of the Statutes. Some States indicated that, without prejudice to further decisions, they did not consider valid the notification by the Federal Republic of Yugoslavia. The Federal Republic of Yugoslavia in turn indicated that in its opinion there were no legal grounds whatsoever to question the legality of its notification. See also note 1 under “Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.3On 15 May 2001, the Government of Brazil notified the Secretary-General that it had decided to withdraw from the Statutes, the date of effect being 14 May 2002. Subsequently, in a communication received on 9 May 2002, the Government of Brazil notified the Secretary-General that it had decided to withdraw its notification of withdrawal of 15 May 2001.4On 5 August 2008, the Government of the People's Republic of China notified the Secretary-General with the following declaration: “In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Statutes of the International Centre for Genetic Engineering and Biotechnology and the Protocol to the Statutes of the International Centre for Genetic Engineering and Biotechnology on the Seat of the Centre shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China from the date of the application of the protocol to the People's Republic of China.”5The instrument was accompanied by an understanding to the effect that the ratification by Kuwait of the said Convention does not mean a recognition of Israel nor that treaty relations will arise with Israel.6The International Centre for Genetic Engineering and Biotechnology informed the Secretary-General on 12 May 1994, that these reservations had been accepted by the Board of Governors on 27 April 1994.