APEC port services network

Article 1 NAME

The name of this Organization shall be the APEC Port Services Network, hereinafter referred to as APSN.

Article 2 STATUS

APSN is a non-profit self-funded organization consisting of Council members and Regular members of the APEC member economies.

Article 3 MANDATE

The mandate of the APSN is to promote the liberalization and facilitation of trade and investment and enhance supply chain security by strengthening economic cooperation, capacity building, information and personnel exchange among port and port-related industries and services in the Asia Pacific region, so as to achieve the common prosperity of the APEC member economies as a whole.

Article 4 RELATIONSHIP WITH TPT-WG

APSN is responsible to the APEC Transportation Working Group (TPT-WG) to whom it shall report on its work annually or more frequently if required.

Article 5 SCOPE OF ACTIVITIES

The mandate of the APSN is achieved by the following activities:

(a) To hold seminars, forums and workshops to conduct discussions and exchange ideas on issues of common concern relating to the development of port and port-related industries and services;

(b) To promote mutual understanding among port and port-related industries and services by providing information exchange and technical services through the website and publications of the APSN;

(c) To strengthen the capacity building of port and port-related industries and services by organizing technical visits and personnel training, etc;

(d) To encourage trade and investment activities in the Asia Pacific region by holding exhibitions and trade fairs on port and port-related industries and services;

(e) To provide a platform for APSN members to conduct economic and technical cooperation, exchange management expertise and experience, carry out personnel training, enhance technology transfer and promote trade and investment;

(f) To promote cross-sectoral cooperation among port and port-related industries and services; and

(g) To improve the public awareness of the importance of port and port-related industries and services by promoting publicity and organizing meetings and relevant activities, with a view to enhance the overall competitiveness of ports in the Asia Pacific region.

Article 6 MEMBERSHIP

There are two types of APSN membership: Council members and Regular members.

"Council member" means a senior representative of the competent authority designated, from time to time, by each APEC member economy.

"Regular member" means any other organizations including public administrations, business corporations, institutions, associations and individuals engaged in port, shipping, logistics, trade, manufacturing and finance sectors of the APEC member economies.

Article 7 APPLICATION FOR MEMBERSHIP

Council members shall be designated by APEC member economies. The procedures for the application for Regular membership shall be in accordance with the following:

(a) The application forms for Regular membership shall be submitted to the Secretary-General of the APSN; and

(b) After preliminary review and examination of such applications, the Secretary-General shall seek the approval of the Council. Such applications shall be deemed accepted in the absence of written objection by any Council member after a period of time as may be decided by the Council.

Article 8 ENTITLEMENT OF MEMBERS

All members of the APSN shall be entitled to:

(a) Participate in all activities organized by the APSN;

(b) Access all services provided by the APSN;

(c) Receive all official publications and economic and technical information provided by the APSN, including its audited financial statements;

(d) Make proposals with respect to activities which the APSN may pursue; and

(e) Provide advice on the work of the APSN.

Article 9 OBLIGATIONS OF MEMBERS

Each member of the APSN shall undertake the following obligations:

(a) Abide by the APSN Constitution and respect the decisions of the APSN Council;

(b) Support and actively participate in activities organized by the APSN;

(d) In the case of Regular members, pay the membership dues.

Article 10 NON-PAYMENT OF DUES

Any Regular member who fails to pay its membership dues in two consecutive years will lose its membership in the APSN.

Article 11 TERMINATION OF MEMBERSHIP

In the case of serious violations of this Constitution by a Regular member, its membership may be terminated by decision of the Council. The notification on such termination should be made to all members in an appropriate manner.

Article 12 ORGANIZATIONAL STRUCTURE

The Council is the highest authority of the APSN.

The functions of the Council shall be:

(a) To elect a President and a Vice President who shall hold office until the next Council meeting;

(b) To appoint and terminate the term of the Secretary-General;

(d) To approve the annual work programme and report of the Secretary-General;

(e) To formulate rules of membership and membership dues;

(f) To formulate other rules and regulations of the APSN;

(g) To approve the budget and financial arrangement of the APSN;

(h) To review the expenditures and accounts of the APSN;

(i) To approve the application and termination of the membership of the APSN;

(j) To oversee the operation and administration of the Secretariat; and

(k) To decide on any other important issues of the APSN.

Article 13 COUNCIL MEETINGS

Council meeting shall be held once a year. Extraordinary meeting shall be convened by the Secretary-General when one-third of the Council members give notice to the Secretary-General that such a meeting is required.

Article 14 QUORUM

Two-thirds of the Council members shall constitute a quorum for Council meetings.

Decisions of the Council shall be adopted by a consensus. The Council may review this practice and report to the TPT-WG on its experience with it.

Article 15 SECRETARIAT

The Secretariat of the APSN shall be located in Beijing, China. The location of the Secretariat may be changed by decision of the Council.

Article 16 SECRETARY-GENERAL

The Secretariat shall be led by the Secretary-General, assisted by the Deputy Secretary-General.

Article 17 FUNCTIONS OF SECRETARIAT

The functions of the Secretariat shall be:

(a) To implement the decisions of the Council;

(b) To prepare the annual work programme for the approval by the Council, and ensure its implementation;

(d) To draft rules and regulations on administrative, personnel and financial affairs as well as work procedures of the APSN;

(e) To prepare budget, financial statement and work report of the APSN;

(f) To receive membership application and collect membership dues;

(g) To organize activities and prepare meetings of the APSN;

(h) To carry out the operational and administrative tasks of the APSN;

(i) To maintain minutes, records, documents and files of the APSN; and

(j) To carry out any other activities as may be instructed by the Council.

Article 18 FUNDING

The APSN shall be funded from, but not limited to the following sources:

(a) Membership dues;

(b) Contributions and donations from the public and private sectors;

(d) Bank interests;

(e) Any other income derived from the activities and services within the scope of the APSN.

Article 19 RULES ON FINANCE

Financial rules and regulations shall be established to ensure that the accounts of the APSN are legal, accurate, authentic, complete and audited, and all expenditures are duly authorized and consistent with the mandate of the APSN.

Article 20 RULES OF LAW

The APSN shall enjoy in the territory of each APEC member economy such legal capacity as is necessary in the exercise of its function for the fulfillment of its purposes.

Article 21 AMENDMENTS TO CONSTITUTION

Any Council member shall have the right to propose amendments to the Constitution. The proposed amendment shall be submitted to the Council for consideration if it is co-sponsored by not less than three other Council members.

Article 22 ADOPTION OF AMENDMENTS TO CONSITITUTION

The proposed amendment shall be considered by the Council in accordance with Article 14, and if approved, shall be submitted to the TPT-WG for adoption.

Article 23 ENTRY INTO FORCE

This Constitution shall take effect on the date of adoption by the TPT-WG.

Article 24 TERMINATION

The termination of the APSN may be decided upon the approval by more than two-thirds of the Council members. On termination, the Council is responsible for the disposal of assets if there is any.