International Tropical Timber Agreement in the United States

Article 35
Accession

1. This Agreement shall be open for accession by the Governments of all
States upon conditions established by the Council, which shall include a
time-limit for the deposit of instruments of accession. The Council may,
however, grant extensions of time to Governments which are unable to
accede by the time-limit set in the conditions of accession.

2. Accession shall be effected by the deposit of an instrument of
accession with the depositary.

Article 36
Notification of Provisional Application

A signatory Government which intends to ratify, accept or approve this
Agreement, or a Government for which the Council has established
conditions for accession but which has not yet been able to deposit its
instrument, may, at any time, notify the depositary that it will apply
this Agreement provisionally either when it enters into force in
accordance with article 37, or, if it is already in force, at a specified
date.

Article 37
Entry Into Force

1. This Agreement shall enter into force definitively on 1 October 1984
or on any date thereafter, if 12 Governments of producing countries
holding at least 55 per cent of the total votes as set out in annex A to
this Agreement, and 16 Governments of consuming countries holding at
least 70 per cent of the total votes as set out in annex B to this
Agreement have signed this Agreement definitively or have ratified,
accepted or approved it or acceded thereto pursuant to article 34,
paragraph 2, or article 35.

2. If this Agreement has not entered into force definitively on 1 October
1984, it shall enter into force provisionally on that date or on any date
within six months thereafter, if 10 Governments of producing countries
holding at least 50 per cent of the total votes as set out in annex A to
this Agreement and 14 Governments of consuming countries holding at least
65 per cent of the total votes as set out in annex B to this Agreement,
have signed this Agreement definitively or have ratified, accepted or
approved it pursuant to article 34, paragraph 2, or have notified the
depositary under article 36 that they will apply this Agreement
provisionally.

3. If the requirements for entry into force under paragraph 1 or
paragraph 2 of this article have not been met on 1 April 1985, the
Secretary-General of the United Nations shall invite those Governments
which have signed this Agreement definitively or have ratified, accepted
or approved it pursuant to article 34, paragraph 2, or have notified the
depositary that they will apply this Agreement provisionally, to meet at
the earliest time practicable to decide whether to put this Agreement
into force provisionally or definitively among themselves in whole or in
part. Governments which decide to put this Agreement into force
provisionally among themselves may meet from time to time to review the
situation and decide whether this Agreement shall enter into force
definitively among themselves.

4. For any Government which has not notified the depositary under article
36 that it will apply this Agreement provisionally and which deposits its
instrument of ratification, acceptance, approval or accession after the
entry into force of this Agreement, this Agreement shall enter into force
on the date of such deposit.

5. The Secretary-General of the United Nations shall convene the first
session of the Council as soon as possible after the entry into force of
this Agreement.

Article 38
Amendments

1. The Council may, by special vote, recommend an amendment of this
Agreement to the members.

2. The Council shall fix a date by which members shall notify the
depositary of their acceptance of the amendment.

3. An amendment shall enter into force 90 days after the depositary has
received notifications of acceptance from members constituting at least
two thirds of the producing members and accounting for at least 85 per
cent of the votes of the producing members, and from members constituting
at least two thirds of the consuming members and accounting for at least
85 per cent of the votes of the consuming members.

4. After the depositary informs the Council that the requirements for
entry into force of the amendment have been met, and notwithstanding the
provisions of paragraph 2 of this article relating to the date fixed by
the Council, a member may still notify the depositary of its acceptance
of the amendment, provided that such notification is made before the
entry into force of the amendment.

5. Any member which has not notified its acceptance of an amendment by
the date on which such amendment enters into force shall cease to be a
party to this Agreement as from that date, unless such member has
satisfied the Council that its acceptance could not be obtained in time
owing to difficulties in completing its constitutional or institutional
procedures, and the Council decides to extend for that member the period
for acceptance of the amendment. Such member shall not be bound by the
amendment before it has notified its acceptance thereof.

6. If the requirements for the entry into force of the amendment have not
been met by the date fixed by the Council in accordance with paragraph 2
of this article, the amendment shall be considered withdrawn.

Article 39
Withdrawal

1. A member may withdraw from this Agreement at any time after the entry
into force of this Agreement by giving written notice of withdrawal to
the depositary. That member shall simultaneously inform the Council of
the action it has taken.

2. Withdrawal shall become effective 90 days after the notice is received
by the depositary.

Article 40
Exclusion

If the Council decides that any member is in breach of its obligations
under this Agreement and decides further that such breach significantly
impairs the operation of this Agreement, it may, by special vote, exclude
that member from this Agreement. The Council shall immediately so notify
the depositary. Six months after the date of the Council’s decision that
member shall cease to be a party to this Agreement.

Article 41
Settlement of Accounts with Withdrawing
or Excluded Members or Members Unable to Accept an Amendment

1. The Council shall determine any settlement of accounts with a member
which ceases to be a party to this Agreement owing to:

(a) Non-acceptance of an amendment to this Agreement under article
38;

(b) Withdrawal from this Agreement under article 39; or

(c) Exclusion from this Agreement under article 40.

2. The Council shall retain any contribution paid to the Administrative
Account by a member which ceases to be a party to this Agreement.

3. A member which has ceased to be a party to this Agreement shall not be
entitled to any share of the proceeds of liquidation or the other assets
of the Organization. Nor shall such member be liable for payment of any
part of the deficit, if any, of the Organization upon termination of this
Agreement.

Article 42
Duration, Extension and Termination

1. This Agreement shall remain in force for a period of five years after
its entry into force unless the Council, by special vote, decides to
extend, renegotiate or terminate it in accordance with provisions of this
article.

2. The Council may, by special vote, decide to extend this Agreement for
not more than two periods of two years each.

3. If, before the expiry of the five-year period referred to in paragraph
1 of this article, or before the expiry of an extension period referred
to in paragraph 2 of this article, as the case may be, a new agreement to
replace this Agreement has been negotiated but has not yet entered into
force either definitively or provisionally, the Council may, by special
vote, extend this Agreement until the provisional or definitive entry
into force of the new agreement.

4. If a new agreement is negotiated and enters into force during any
period of extension of this Agreement under paragraph 2 or paragraph 3 of
this article, this Agreement, as extended, shall terminate upon the entry
into force of the new agreement.

5. The Council may at any time, by special vote, decide to terminate this
Agreement with effect from such date as it may determine.

6. Notwithstanding the termination of this Agreement, the Council shall
continue in being for a period not exceeding 18 months to carry out the
liquidation of the Organization, including the settlement of accounts,
and, subject to relevant decisions to be taken by special vote, shall
have during that period such powers and functions as may be necessary for
these purposes.

7. The Council shall notify the depositary of any decision taken under
this article.

Article 43
Reservations

Reservations may not be made with respect to any of the provisions of
this Agreement.

In witness whereof the undersigned, being duly authorized thereto, have
affixed their signatures under this Agreement on the dates indicated.

Done at Geneva on the eighteenth day of November, one thousand nine
hundred and eighty-three, the text of this Agreement in the Arabic
English, French, Russian and Spanish languages being equally authentic.
The authentic Chinese text of this Agreement shall be established by the
depositary and submitted for adoption to all signatories and States and
intergovernmental organizations which have acceded to this Agreement.