guaranteed quantities of those countries for a crop-year: (a) provided that (i) it is at a price not higher than the maximum nor lower than the minimum specified in or determined under Article VI for that crop-year, and (ii) the exporting country and the importing country have not agreed that it shall not be entered against their guaranteed quantities; and (b) to the extent that (1) both the exporting and the importing country concerned have unfulfilled guaranteed quantities for that crop-year, and (ii) the loading period specified in the transaction falls within that crop-year. 3. A transaction or part of a transaction for the purchase and sale of wheat shall be eligible for entry in the Council's records against the guaranteed quantities of the exporting and importing countries concerned on the conditions specified in this Article, notwithstanding that the transaction has been entered into before the deposit of its instrument of acceptance of this Agreement by either or both of those countries. 4. If a commercial contract or governmental agreement on the sale and purchase of wheat-flour contains a statement, or if the exporting country and the importing country concerned inform the Council that they are agreed, that the price of such wheatflour is consistent with the prices specified in or determined under Article VI, the wheat grain equivalent of such wheat-flour shall, subject to the conditions prescribed in (a) (ii) and (b) of paragraph 2 of this Article, be entered in the Council's records against the guaranteed quantities of those countries. If the commercial contract or governmental agreement does not contain a statement of the nature referred to above and the exporting country and the importing country concerned do not agree that the price of the wheat-flour is consistent with the prices specified in or determined under Article VI, either of those countries may, unless they have agreed that the wheat grain equivalent of that wheat-flour shall not be entered in the Council's records against their guaranteed quantities, request the Council to decide the issue. Should the Council, on consideration of such a request, decide that the price of such wheat-flour is consistent with the prices specified in or determined under Article VI, the wheat grain equivalent of the wheat-flour shall be entered against the guaranteed quantities of the exporting and importing countries concerned, subject to the conditions prescribed in (b) of paragraph 2 of this Article. Should the Council, on consideration of such a request, decide that the price of such wheat-flour is inconsistent with the prices specified in or determined under Article VI, the wheat grain equivalent of the wheat-flour shall not be so entered. 5. Provided that the conditions prescribed in paragraphs 2 or 4 of this Article, other than that in (b) (ii) of paragraph 2, are satisfied, the Council may authorize transactions to be recorded against guaranteed quantities for a crop-year if (a) the loading period specified in the transaction is within a reasonable time up to one month, to be decided by the Council, before the beginning or after the end of that crop-year, and (b) the exporting and importing country concerned so agree. 6. The Council shall prescribe rules of procedure, in accordance with the following provisions, for the reporting and recording of transactions which are part of the guaranteed quantities: (a) Any transaction or part of a transaction, between an exporting country and an importing country, qualifying under paragraph 2, 3, or 4 of this Article to form part of the guaranteed quantities of those countries shall be reported to the Council within such period and in such detail and by one or both of those countries as the Council shall lay down in its rules of procedure. (b) Any transaction or part of a transaction reported in accordance with the provisions of subparagraph (a) shall be entered in the Council's records against the guaranteed quantities of the exporting country and the importing country between which the transaction is made. (c) The order in which transactions and parts of transactions shall be entered in the Council's records against the guaranteed quantities shall be prescribed by the Council in its rules of procedure. (d) The Council shall, within a time to be prescribed in its rules of procedure, notify each exporting country and each importing country of the entry of any transaction or part of a transaction in the Council's records against their guaranteed quantities. (e) If, within a period which the Council shall prescribe in its rules of procedure, the importing country or the exporting country importing country or the exporting country concerned objects in any respect to the entry of a transaction or part of a transaction in the Council's records against its guaranteed quantity, the Council shall review the matter and, if it decides that the objection is well founded, shall amend its records accordingly. (f) If any exporting or importing country considers it probable that the full amount of wheat already entered in the Council's records against its guaranteed quantity for the current crop-year will not be loaded within that crop-year, that country may request the Council to make appropriate reductions in the amounts entered in its records. The Council shall consider the matter and, if it decides that the request is justified, shall amend its records accordingly. (g) Any wheat purchased by an importing country from an exporting country and resold to another importing country may, by agreement of the importing countries concerned, be entered against the unfulfilled guaranteed purchases of the importing country to which the wheat is finally resold, provided that a corresponding reduction is made in the amount entered against the guaranof the first importing teed purchases of country. (h) The Council shall send to all exporting and importing countries, weekly or at such other interval as the Council may prescribe in its rules of procedure, a statement of the amounts entered in its records against guaranteed quantities. (i) The Council shall notify all exporting and importing countries immediately when the guaranteed quantity of any exporting or importing country for any crop-year has been fulfilled. 7. Each exporting country and each importing country may be permitted, in the fulfillment of its guaranteed quantity, a degree of tolerance to be prescribed by the Council for that country on the basis of its guaranteed quantity and other relevant factors. Article V-Enforcement of rights 1. (a) Any importing country which finds difficulty in purchasing its unfulfilled guaranteed quantity for any crop-year at prices consistent with the maximum prices specified in or determined under Article VI may request the Council's help in making the desired purchases. (b) Within three days of the receipt of a request under subparagraph (a) the Secretary of the Council shall notify those exporting countries which have unfulfilled guaranteed quantities for the relevant cropyear of the amount of the unfulfilled guaranteed quantity of the importing country which has requested the Council's help and invite them to offer to sell wheat at prices consistent with the maximum prices specified in or determined under Article VI. (c) If within fourteen days of the notification by the Secretary of the Council under subparagraph (b) the whole of the unfulfilled guaranteed quantity of the importing country concerned, or such part thereof as in the opinion of the Council is reasonable at the time the request is made, has not been offered for sale, the Council shall, as soon as possible, decide: (i) the quantities and also, if requested, (ii) the quality and grade of wheat grain and/or wheat-flour which each or any of the exporting countries is required to offer to sell to that importing country for loading during the relevant crop-year or within such time thereafter, not exceeding one month, as the Council may decide. The Council shall decide on (i) and (ii) above after receiving an assurance, if requested, that the wheat grain or wheat-flour is to be used for consumption in the importing country or for normal or traditional trade; and in reaching its decision the Council shall also take into account any circumstances which the exporting and the importing countries may submit, including in relation to the proportion of wheat-flour. (iii) and the industrial programs of any country (iv) and the normal traditional volume and ratio of imports of wheat-flour and wheat grain and the quality and grade of wheat-flour and wheat grain imported by the importing country concerned. (d) Each exporting country required by the Council's decision under subparagraph (c) to offer quantities of wheat grain and/or wheat-flour for sale to the importing country shall, within thirty days from the date of that decision, offer to sell those quantities to such importing country for loading during the period provided under subparagraph (c) at prices consistent with the maximum prices specified in or determined under Article VI and, unless those countries agree otherwise, on the same conditions regarding the currency, in which payment is to be made as prevail generally between them at that time. If no trade relations have hitherto existed between the exporting country and the importing country concerned and if those countries fail to agree on the currency in which payment is to be made, the Council shall decide the issue. (e) In case of disagreement between an exporting country and an importing country on the quantity of wheat-flour to be included in a particular transaction being negotiated in compliance with the Council's decision under subparagraph (c), or on the relation of the price of such wheat-flour to the maximum prices of wheat grain specified in or determined under Article VI, or on the conditions on which the wheat grain and/or wheat-flour shall be bought and sold, the matter shall be referred to the Council for decision. 2. (a) Any exporting country which finds difficulty in selling its unfilled guaranteed quantity for any crop-year at prices consistent with the minimum prices specified in or determined under Article VI may request the council's help in making the desired sales. (b) Within three days of the receipt of a request under subparagraph (a) the Secretary of the Council shall notify those importing countries which have unfulfilled guaranteed quantities for the relevant cropyear of the amount of the unfulfilled guaranteed quantity of the exporting country which has requested the Council's help and invite them to offer to purchase wheat at prices consistent with the minimum prices specified in or determined under Article VI. (c) If within fourteen days of the notification by the Secretary of the Council under subparagraph (b) the whole of the unfulfilled guaranteed quantity of the exporting country concerned, or such part thereof as in the opinion of the Council is reasonable at the time the request is made, has not been purchased, the Council shall, as soon as possible decide: (i) the quantities and also, if requested, (ii) the quality and grade of wheat grain and/or wheat-flour which each or any of the importing countries is required to offer to purchase from that exporting country for loading during the relevant crop-year or within such time thereafter, not exceeding one month, as the Council may decide. In reaching its decision on (i) and (ii) above, the Council shall take into account any circumstances which the exporting and the importing countries may submit, including in relation to the proportion of wheat-flour: (iii) the industrial programs of any coun try and (iv) the normal traditional volume and ratio of imports of wheat-flour and wheat grain and the quality and grade of wheatflour and wheat grain imported by the importing countries concerned. (d) Each importing country required by the Council's decision under subparagraph (c) to offer to purchase quantities of wheat grain and/or wheat-flour from the exporting country shall, within thirty days from the date of that decision, offer to purchase those quantities from such exporting country for loading during the period provided under subparagraph (c) at prices consistent with the minimum prices specified in or determined under Article VI and, unless those countries agree otherwise, on the same conditions regarding the currency in which payment is to be made as prevail generally between them at that time. If no trade relations have hitherto existed between the exporting country and the importing country concerned and if those countries fail to agree on the currency in which payment is to be made, the Council shall decide the issue. (e) In case of disagreement between an exporting country and an importing country on the quantity of wheat-flour to be included in a particular transaction being negotiated in compliance with the Council's decision under subparagraph (c), or on the relation of the price of such wheat-flour to the minimum prices of wheat grain specified in or determined under Article VI, or on the conditions on which the wheat grain and/or wheat-flour shall be bought and sold, the matter shall be referred to the Council for decision. 3. For the purposes of this Article Port Churchill shall not be a port of shipment. Article VI-Prices 1. (a) The basic minimum and maximum prices for the duration of this Agreement shall be: Canadian currency per bushel at the parity for the Canadian dollar, determined for the purposes of the International Monetary Fund as at March 1, 1949 for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur. The basic minimum and maximum prices, and the equivalents thereof hereafter referred to, shall exclude such carrying charges and marketing costs as may be agreed between the buyer and the seller. (b) Carrying charges as agreed between the buyer and seller may accrue for the buyer's account only after an agreed date specified in the contract under which the wheat is sold. 2. The equivalent maximum prices for bulk wheat for: (a) No. 1 Manitoba Northern wheat in store Vancouver shall be the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article; (b) No. 1 Manitoba Northern wheat f. o. b. Port Churchill, Manitoba, shall be the price equivalent to the c. & f. price in the country of destination of the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article, computed by using currently prevailing transportation costs and exchange rates; (c) f. a. q. wheat in store Australian ocean ports shall be the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article, converted into Australian currency at the prevailing rate of exchange; (d) sample wheat of France (minimum natural weight seventy-six kilograms per hectolitre; minimum protein content ten per cent; maximum dockage and moisture content two per cent and fifteen per cent respectively) in store French ports shall be the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort Wil liam/Port Arthur specified in paragraph 1 of this Article, converted into the currency of France at the prevailing rate of exchange; (e) No. 1 Hard Winter wheat f. o. b. Gulf/Atlantic ports of the United States of America shall be the price equivalent to the c. & f. price in the country of destination of the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article, computed by using currently prevailing transportation costs and exchange rates and by making such allowance for difference in quality as may be agreed between the exporting country and the importing country concerned; and (f) No. 1 Soft White wheat or No. 1 Hard Winter wheat in store Pacific ports of the United States of America shall be the maximum price for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article, computed by using the prevailing rate of exchange and by making such allowance for difference in quality as may be agreed between the exporting country and the importing country concerned. 3. The equivalent minimum price for bulk wheat for: (a) No. 1 Manitoba Northern wheat f. o. b. Vancouver, (b) No. 1 Manitoba Northern wheat f. o. b. Port Churchill, Manitoba, (c) f. a. q. wheat f. o. b. Australia, (d) sample wheat of France (minimum natural weight seventy-six kilograms per hectolitre; minimum protein content ten per cent; maximum dockage and moisture content two per cent and fifteen per cent respectively) f. o. b. French ports, (e) No. 1 Hard Winter wheat f. o. b. Gulf/ Atlantic ports of the United States of America, and (f) No. 1 Soft White wheat or No. 1 Hard Winter wheat f. o. b. Pacific ports of the United States of America, shall be respectively: the f. o. b. prices Vancouver, Port Churchill, Australia, France, United States of America Gulf/Atlantic ports and the United States of America Pacific ports equivalent to the c. & f. prices in the United Kingdom of Great Britain and Northern Ireland of the minimum prices for No. 1 Manitoba Northern wheat in bulk in store Fort William/Port Arthur specified in paragraph 1 of this Article, computed by using currently prevailing transportation costs and exchange rates and, in those importing countries where a quality differential is recognized, by making such allowance for difference in quality as may be agreed between the exporting country and the importing country concerned. 4. The Executive Committee may, in consultation with the Advisory Committee on Price Equivalents, determine the minimum and maximum price equivalents for wheat at points other than those specified above and may also designate any description of wheat other than those specified in paragraphs 2 and 3 above and determine the minimum and maximum price equivalents thereof; provided that, in the case of any other description of wheat the price equivalent of which has not yet been determined, the minimum and maximum prices for the time being shall be derived from the minimum and maximum prices of the description of wheat specified in this Article, or subsequently designated by the Executive Committee in consultation with the Advisory Committee on Price Equivalents, which is most closely comparable to such other description, by the addition of an appropriate premium or by the deduction of an appropriate discount. 5. If any exporting or importing country represents to the Executive Committee that any price equivalent established under paragraph 2, 3, or 4 of this Article is, in the light of current transportation or exchange rates or market premiums or discounts, no longer fair, the Executive Committee shall consider the matter and may, in consultation with the Advisory Committee on Price Equivalents, make such adjustment as it considers desirable. 6. If a dispute arises as to what premium or discount is appropriate for the purposes of paragraphs 4 and 5 of this Article in respect of any description of wheat specified in paragraph 2 or 3 or designated under paragraph 4 of this Article, the Executive Committee in consultation with the Advisory Committee on Price Equivalents, shall on the request of the exporting or importing country concerned decide the issue. 7. All decisions of the Executive Committee under paragraphs 4, 5, and 6 of this Article shall be binding on all exporting and importing countries, provided that any of those countries which considers that any such decision is disadvantageous to it may ask the Council to review that decision. 8. In order to encourage and expedite the conclusion of transactions in wheat between them at prices mutually acceptable in the light of all the circumstances, the exporting and importing countries, while reserving to themselves complete liberty of action in the determination and administration of their internal agricultural and price policies, shall endeavor not to operate those policies in such a way as to impede the free movement of prices between the maximum price and the minimum price in respect of transactions in wheat into which the exporting and importing countries are prepared to enter. Should any exporting or importing country consider that it is suffering hardship as the result of such policies, it may draw the attention of the Council to the matter and the Council shall inquire into and make a report on the complaint. Article VII-Stocks 1. In order to assure supplies of wheat to importing countries, each exporting country shall endeavor to maintain stocks of old crop wheat at the end of its crop-year at a level adequate to ensure that it will fulfill its guaranteed sales under this Agreement in each subsequent crop-year. 2. In the event of a short crop being harvested by an exporting country, particular consideration shall be given by the Council to the efforts made by that exporting country to maintain adequate stocks as required by paragraph 1 of this Article before that country is relieved of any of its obligations under Article X. 3. In order to avoid disproportionate purchases of wheat at the beginning and end of a crop-year, which might prejudice the stabilization of prices under this Agreement and render difficult the fulfillment of the obligations of all exporting and importing countries, importing countries shall deavor to maintain adequate stocks at all it is an importing country, make purchases times. 4. In the event of an appeal by an importing country under Article XII, particular consideration shall be given by the Council to the efforts made by that importing country to maintain adequate stocks as required by paragraph 3 of this Article before it decides in favor of such an appeal. Article VIII-Information to be supplied to the Council The exporting and importing countries shall report to the Council, within the time prescribed by it, such information as the Council may request in connection with the administration of this Agreement. PART 3-ADJUSTMENT OF GUARANTEED QUANTITIES Article IX-Adjustments in case of nonparticipation or withdrawal of countries 1. In the event of any difference occurring between the total of the guaranteed purchases in Annex A to Article III and the total of the guaranteed sales in Annex B to Article III as a result of any country listed in Annex A or Annex B (a) not signing or (b) not depositing an instrument of acceptance of or (c) withdrawing under paragraph 5, 6, or 7 of Article XXII from or (d) being expelled under Article XIX from or (e) being found by the Council under Article XIX to be in default of the whole or part of its guaranteed quantity under this Agreement, the Council shall, without prejudice to the right of any country to withdraw from this Agreement under paragraph 6 of Article XXII, adjust the remaining guaranteed guaranteed quantities so as to make the total in the one Annex equal to the total in the other Annex. 2. The adjustment under this Article shall, unless the Council decides otherwise by twothirds of the votes cast by the exporting countries, and two-thirds of the votes cast by the importing countries, be made by reducing pro rata the guaranteed quantities in Annex A or Annex B, as the case may be, by the amount necessary to make the total in the one Annex equal to the total in the other Annex. 3. In making adjustments under this Article, the Council shall keep in mind the general desirability of maintaining the total guaranteed purchases and the total guaranteed sales at the highest possible level. Article X-Adjustment in case of short crop or necessity to safeguard balance of payments or monetary reserves 1. Any exporting or importing country which fears that it may be prevented, by a short crop in the case of an exporting country or the necessity to safeguard its balance of payments or monetary reserves in the case of an importing country, from carrying out its obligations under this Agreement in respect of a particular crop-year shall report the matter to the Council at the earliest possible date and apply to the Council to be relieved of the whole or a part of its obligations for that crop-year. An application made to the Council pursuant to this paragraph shall be heard without delay. 2. If the matter relates to a short crop, the Council shall, in dealing with the request for relief, review the reporting country's supply situation. 3. If the matter relates to balance of payments or monetary reserves, the Council shall seek and take into account, together with all facts which it considers relevant, the opinion of the International Monetary Fund, as far as the matter concerns a country which is a member of the Fund, on the existence and extent of the necessity referred to in paragraph 1 of this Article. 4. The Council shall, in dealing with a request for relief under this Article, adhere to the principle that the country concerned will to the maximum extent feasible, if it is an exporting country, make sales to meet its obligations under this Agreement and, if to meet its obligations under this Agreement. 5. The Council shall decide whether the reporting country's representations are well founded. If it finds they are well founded, it shall decide to what extent and on what conditions the reporting country shall be relieved of its guaranteed quantity for the crop-year concerned. The Council shall inform the reporting country of its decision. 6. If the Council decides that the reporting country shall be relieved of the whole or part of its guaranteed quantity for the crop-year concerned, the following procedure shall apply: (a) The Council shall, if the reporting country is an importing country, invite the other importing countries, or, if the reporting country is an exporting country, invite the other exporting countries, to increase their guaranteed quantities for the crop-year concerned up to the amount of the guaranteed quantity of which the reporting country is relieved. Any increase in guaranteed quantities under this subparagraph shall require the approval of the Council. (b) If the amount of which the reporting country is relieved cannot be fully offset in the manner provided in (a) of this paragraph, the Council shall invite the exporting countries, if the reporting country is an importing country, or the importing countries, if the reporting country is an exporting country, to accept a reduction of their guaranteed quantities for the crop-year concerned up to the amount of the guaranteed quantity of which the reporting country is relieved after taking account of any adjustments made under (a) of this paragraph. (c) If the total offers received by the Council from the exporting and importing countries to increase their guaranteed quantities under (a) of this paragraph or to reduce their guaranteed quantities under (b) of this paragraph exceed the amount of the guaranteed quantity of which the reporting country is relieved, their guaranteed quantities shall, unless the Council decides otherwise, be increased or reduced, as the case may be, on a pro rata basis, provided that the increase or reduction of the guaranteed quantity of any such country shall not exceed its offer. (d) If the amount of the guaranteed quantity of which the reporting country is relieved cannot be fully offset in the manner provided in (a) and (b) of this paragraph, the Council shall reduce the guaranteed quantities in Annex A to Article III, if the reporting country is an exporting country, or in Annex B to Article III, if the reporting country is an importing country, for the crop-year concerned by the amount necessary to make the total in the one Annex equal to the total in the other Annex. Unless the exporting countries in the case of a reduction in Annex B, or the importing countries in the case of a reduction in Annex A, agree otherwise, the reduction shall be made on a pro rata basis, account being taken of any reduction already made under (b) of this paragraph. Article XI-Adjustments of guaranteed quantities by consent 1. The Council, when requested to do so by the exporting and importing countries whose guaranteed quantities would thereby be changed, may approve increases in the guaranteed quantities in one Annex to Article III for the remaining period of the Agreement together with equivalent increases in the guaranteed quantities in the other Annex for that period. 2. An exporting country may transfer part of its guaranteed quantity to another exporting country and an importing country may transfer part of its guaranteed quantity to another importing country for one or more crop years, subject to approval by the Council by a majority of the votes cast by the exporting countries and a majority of the votes cast by the importing countries. In order to meet a critical need which has arisen or threatens to arise in its territory, and importing country may appeal to the Council for assistance in obtaining supplies of wheat in addition to its guaranteed purchases. On consideration of such an appeal the Council may reduce pro rata the guaranteed quantities of the other importing countries in order to provide the quantity of wheat which it determines to be necessary to relieve the emergency created by the critical need, provided that it considers that such emergency cannot be met in any other manner. Two-thirds of the votes cast by the exporting countries and two-thirds of the votes cast by the importing countries shall be required for any reduction of guaranteed purchases under this paragraph. PART 4-ADMINISTRATION 1. The International Wheat Council, established by the International Wheat Agreement which was opened for signature in Washington on March 23, 1949, shall continue in being for the purpose of administering the present Agreement. 2. Each exporting country and each importing country shall be a voting member of the Council and may be represented at its meetings by one delegate, alternates, and advisers. 3. Such intergovernmental organizations as the Council may decide to invite may each have one non-voting representative in attendance at meetings of the Council. 4. The Council shall elect for each cropyear a Chairman and a Vice Chairman. B. Powers and Functions 5. The Council shall establish its rules of procedure. 6. The Council shall keep such records as are required by the terms of this Agreement and may keep such other records as it considers desirable. 7. The Council shall publish an annual report and may publish any other information concerning matters within the scope of this Agreement. 8. The Council shall have such other powers and perform such other functions as it may deem necessary to carry out the terms of this Agreement. 9. The Council may, by two-thirds of the votes cast by the exporting countries and two-thirds of the votes cast by the importing countries, delegate the exercise of any of its powers or functions. The Council may at any time revoke such delegation by a majority of the votes cast. Any decision made under any powers or functions delegated by the Council in accordance with this paragraph, shall be subject to review by the Council at the request of any exporting or importing country made within a period which the Council shall prescribe. Any decision, in respect of which no request for review has been made within the prescribed period, shall be binding on all exporting and importing countries. C. Voting 10. (a) Subject to the provisions of subparagraphs (b) and (c) of this paragraph, the importing countries shall hold 1,000 votes, which shall be distributed among them in the proportions which their respective guaranteed purchases for the current crop-year bear to the total of the guaranteed purchases for that crop year. The exporting countries shall also hold 1,000 votes, which shall be distributed among them in the proportion which their respective guaranteed sales for the current crop-year bear to the total of the guaranteed sales for that crop-year. (b) If at any Session of the Council an importing country or an exporting country is not represented by an accredited delegate and has not authorized another country to exercise its votes in accordance with paragraph 15 of this Article, the total votes to be exercised by the exporting countries shall be adjusted to a figure equal to the total of votes to be exercised at that Session by the importing countries and redistributed among exporting countries in proportion to their guaranteed sales. (c) No exporting country or importing country shall have less than one vote and there shall be no fractional votes. 11. The Council shall redistribute the votes in accordance with the provisions of paragraph 10 of this Article whenever there is any change in the guaranteed purchases or guaranteed sales for the current crop-year. 12. If an exporting or an importing country forfeits its votes under paragraph 5 of Article XVII or is deprived of its votes under paragraph 7 of Article XIX, the Council shall redistribute the votes as if that country had no guaranteed quantity for the current cropyear. 13. Any reduction in its guaranteed quantity accepted by an exporting country or an importing country under paragraph 6 (b) of Article X and any transfer of part of a country's guaranteed quantity for only one crop-year under paragraph 2 of Article XI shall be disregarded for the purpose of redistributing votes under this Article. 14. Except where otherwise specified in this Agreement, decisions of the Council shall be by a majority of the total votes cast. 15. Any exporting country may authorize any other exporting country, and any importing country may authorize any other importing country, to represent its interests and to exercise its votes at any meeting or meetings of the Council. Evidence of such authorization satisfactory to the Council shall be submitted to the Council. D. Sessions 16. The Council shall meet at least once during each half of each crop-year and at such other times as the Chairman may decide. 17. The Chairman shall convene a Session of the Council if so requested by (a) five countries or (b) one or more countries holding a total of not less than 10 per cent of the total votes or (c) the Executive Committee. E. Quorum 18. The presence of delegates with a majority of the votes held by the exporting countries and a majority of the votes held by the importing countries prior to any adjustment of votes under paragraph 10 (b) of this Article shall be necessary to constitute a quorum at any meeting of the Council. F. Seat 19. The seat of the Council shall be London unless the Council decides otherwise by a majority of the votes cast by the exporting countries and a majority of the votes cast by the importing countries. G. Legal Capacity 20. The Council shall have in the territory of each exporting and importing country such legal capacity as may be necessary for the exercise of its functions under this Agreement. H. Decisions 21. Each exporting and importing country undertakes to accept as binding all decisions of the Council under the provisions of this Agreement. Article XIV-Executive Committee 1. The Council shall establish an Executive Committee. The members of the Executive Committee shall be three exporting countries elected annually by the exporting countries and not more than eight importing countries elected annually by the importing countries. The Council shall appoint the Chairman of the Executive Committee and may appoint a Vice Chairman. 2. The Executive Committee shall be responsible to and work under the general direction of the Council. It shall have such powers and functions as are expressly assigned to it under this Agreement and such other powers and functions as the Council may delegate to it under paragraph 9 of Article XIII. 3. The exporting countries on the Executive Committee shall have the same total number of votes as the importing countries. The votes of the exporting countries shall be divided among them as they shall decide, provided that no exporting country shall have more than forty per cent of the total votes of the exporting countries. The votes of the importing countries shall be divided among them as they shall decide, provided that no importing country shall have more than forty per cent of the total votes of the importing countries. 4. The Council shall prescribe rules of procedure regarding voting in the Executive Committee and may make such other provisions regarding rules of procedure in the Executive Committee as it thinks fit. A decision of the Executive Committee shall require the same majority of votes as this Agreement prescribes for the Council when making a decision on a similar matter. 5. Any exporting or importing country which is not a member of the Executive Committee may participate, without voting, in the discussion of any question before the Executive Committee whenever the latter considers that the interests of that country are affected. Article XV-Advisory Committee on Price Equivalents The Council shall establish an Advisory Committee on Price Equivalents consisting of representatives of three exporting countries and of three importing countries. The Committee shall advise the Council and the Executive Committee on the matters referred to in paragraphs 4, 5, and 6 of Article VI and on such other questions as the Council or the Executive Committee may refer to it. The Chairman of the Committee shall be appointed by the Council. Article XVI-The Secretariat 1. The Council shall have a Secretariat consisting of a Secretary and such staff as may be required for the work of the Council and of its committees. 2. The Council shall appoint the Secretary and determine his duties. 3. The staff shall be appointed in accordance with regulations established by the Council. Article XVII-Finance 1. The expenses of delegations to the Council, of representatives on the Executive Committee, and of representatives on the Advisory Committee on Price Equivalents Advisory Committee on Price Equivalents shall be met by their respective Governments. The other expenses necessary for the administration of this Agreement, including those of the Secretariat and any remuneration which the Council may decide to pay to its Chairman or its Vice Chairman, shall be met by annual contributions from the exporting and importing countries. The contribution of each such country for each crop-year shall be in the proportion which its guaranteed quantity bears to the total guaranteed sales or purchases at the beginning of that crop-year. 2. At its first Session after this Agreement comes into force, the Council shall approve its budget for the period ending July 31, 1954, and assess the contribution to be paid by each exporting and importing country. 3. The Council shall, at its first Session during the second half of each crop-year, approve its budget for the following cropyear and assess the contribution to be paid by each exporting and importing country for that crop-year. 4. The initial contribution of any exporting or importing country acceding to this Agreement under Article XXI shall be assessed by the Council on the basis of the guaranteed quantity to be held by it and the period remaining in the current crop-year, but the assessments made upon other exporting and importing countries for the current crop-year shall not be altered. 5. Contributions shall be payable immediately upon assessment. Any exporting or importing country failing to pay its contribution within one year of its assessment shall forfeit its voting rights until its contribution is paid, but shall not be deprived of its other rights nor relieved of its obligations under this Agreement. In the event of any exporting or importing country forfeiting its voting rights under this paragraph its votes shall be redistributed as provided in paragraph 12 of Article XIII. 6. The Council shall, each crop-year, publish an audited statement of its receipts and expenditures in the previous crop-year. 7. The Government of the country where the seat of the Council is situated shall grant exemption from taxation on the salaries paid by the Council to its employees except that such exemption need not apply to the nationals of that country. 8. The Council shall, prior to its dissolution, provide for the settlement of its liabilities and the disposal of its records and assets. Article XVIII-Cooperation with other intergovernmental organizations 1. The Council may make whatever arrangements are desirable for consultation and cooperation with the appropriate organs of the United Nations and its specialized agencies and with other intergovernmental organizations. 2. If the Council finds that any terms of this Agreement are materially inconsistent with such requirements as may be laid down by the United Nations or through its appropriate organs and specialized agencies regarding intergovernmental commodity agreements, the inconsistency shall be deemed to be a circumstance affecting adversely the operation of this Agreement and the procedure prescribed in paragraphs 3, 4, and 5 of Article XXII shall be applied. Article XIX-Disputes and complaints 1. Any dispute concerning the interpretation or application of this Agreement, which is not settled by negotiations, shall, at the request of any country party to the dispute, be referred to the Council for decision. 2. In any case where a dispute has been referred to the Council under paragraph 1 of this Article, a majority of countries, or any countries holding not less than onethird of the total votes, may require the Council, after full discussion, to seek the opinion of the advisory panel referred to in paragraph 3 of this Article on the issues in dispute before giving its decision. 3. (a) Unless the Council unanimously agrees otherwise, the panel shall consist of: (i) two persons, one having wide experience in matters of the kind in dispute, and the other having legal standing and experience, nominated by the exporting countries; (ii) two such persons nominated by the importing countries; and (iii) a chairman selected unanimously by the four persons nominated under (i) and (ii) or, if they fail to agree, by the Chairman of the International Wheat Council. (b) Persons from countries whose Governments are parties to this Agreement shall be eligible to serve on the advisory panel, and persons appointed to the advisory panel shall (c) The expenses of the advisory panel 4. The opinion of the advisory panel and 5. Any complaint that any exporting or 6. No exporting or importing country shall August 1, 1953 or on the date of the deposit 5. The Government of the United States of American will notify all signatory Gov- ernments of each signature and acceptance The Council may, by two-thirds of the votes cast by the exporting countries and two-thirds of the votes cast by the import- ing countries, approve accession to this Agreement by any Government not already a party to it and prescribe conditions for such accession; provided, however, that the Council shall not approve the accession of any Government under this Article unless at the same time it approves adjustments of the guaranteed quantities in Annexes A and B to Article III in accordance with paragraph 3 of Article XI. Accession shall be effected by depositing an instrument of accession with the Government of the United States of America, which will notify all signatory 7. If the Council finds that an exporting Article XXII-Duration, amendment, with- country or an importing country has com- mitted a breach of this Agreement it may, by a majority of the votes held by the exporting countries and a majority of the votes held by the importing countries, deprive the country concerned of its voting rights until it fulfills 8. If any exporting or importing country is deprived of its votes under this Article, the votes shall be redistributed as provided in paragraph 12 of Article XIII. If any export- ing or importing country is found in default of the whole or part of its guaranteed quan- tity, or is expelled from this Agreement, the remaining guaranteed quantities shall be ad- justed as provided in Article IX. Article XX-Signature, acceptance, and entry 1. This Agreement shall be open for signa- ture in Washington until and including April 27, 1953 by the Governments of the countries listed in Annex A and Annex B to Article III. 2. This Agreement shall be subject to ac- ceptance by signatory Governments in ac- cordance with their respective constitutional procedures. Subject to the provisions of par- agraph 4 of this Article, instruments of ac- ceptance shall be deposited with the Govern- ment of the United States of America not later than July 15, 1953 provided, however, that a notification by any signatory Govern- ment to the Government of the United States of America by July 15, 1953 of an intention to accept this Agreement, followed by the deposit of an instrument of acceptance not later than August 1, 1953 in fulfillment of that intention, shall be deemed to consti- tute acceptance on July 15, 1953 for the pur- 3. Provided that the Governments of coun- ties in Annex A to Article III responsible for not less than fifty per cent of the guaranteed purchases and the Governments of countries listed in Annex B to Article III responsible for not less than fifty per cent of the guar- anteed sales have accepted this Agreement by July 15, 1953, Parts 1, 3, 4, and 5 of the Agreement shall enter into force on July 15, 1953 and Part 2 on August 1, 1953, for those Governments which have accepted the Agree- 4. Any signatory Government which has not accepted this Agreement by July 15, 1953 as provided in paragraph 2 of this Article may be granted by the Council an extension of time after that date for depositing its in- strument of acceptance. Parts 1, 3, 4, and 5 of this Agreement shall enter into force for that Government on the date of the deposit 2. The Council shall, at such time as it considers appropriate, communicate to the exporting and importing countries its recom- mendations regarding renewal or replace- 3. The Council may, by a majority of the votes held by the exporting countries and a majority of the votes held by the import- ing countries, recommend an amendment of this Agreement to the exporting and im- 4. The Council may fix a time within which each exporting and importing country shall notify the Government of the United States of America whether or not it accepts the amendment. The amendment shall be- come effective upon its acceptance by export- ing countries which hold two-thirds of the votes of the exporting countries and by im- porting countries which hold two-thirds of the votes of the importing countries. 5. Any exporting or importing country which has not notified the Government of the United States of America of its accept- ance of an amendment by the date on which such amendment becomes effective may, after giving such written notice of with- drawal to the Government of the United States of America as the Council may require in each case, withdraw from this Agreement at the end of the current crop-year, but shall not thereby be release from any obli- gations under this Agreement which have not been discharged by the end of that crop- 6. Any exporting country which considers its interests to be seriously prejudiced by the nonparticipation in or withdrawal from this Agreement of any country listed in An- nex A to Article III responsible for more than five per cent of the guaranteed quanti- ties in that Annex, or any importing coun- try which considers its interests to be seri- ously prejudiced by the nonparticipation in of withdrawal from the Agreement of any country listed in Annex B to Article III re- sponsible for more than five percent of the guaranteed quantities in that Annex, may withdraw from this Agreement by giving written notice of withdrawal to the Govern- ment of the United States of America before 7. Any exporting or importing country which considers its national security to be endangered by the outbreak of hostilities may withdraw from this Agreement by giving thirty days' written notice of withdrawal to the Government of the United States of ceding Governments of each notification and notice received under this Article. Article XXIII-Territorial application 1. Any Government may, at the time of sig- nature or acceptance of or accession to this Agreement, declare that its rights and obli- gations under the Agreement shall not apply in respect of all or any of the overseas terri- tories for the foreign relations of which it is 2. With the exception of territories in re- spect of which a declaration has been made in accordance with paragraph 1 of this Article, the rights and obligations of any Government under this Agreement shall ap- ply in respect of all territories for the for- eign relations of which that Government is 3. Any Government may, at any time after its acceptance of or accession to this Agree- ment, by notification to the Government of the United States of America, declare that its rights and obligations under the Agree- ment shall apply in respect of all or any of the territories regarding which it has made a declaration in accordance with paragraph 4. Any Government may, by giving notifi- cation of withdrawal to the Government of the United States of America, withdraw from this Agreement separately in respect of all or any of the overseas territories for whose foreign relations it is responsible. 5. The Government of the United States of America will inform all signatory and ac- ceding Governments of any declaration cr notification made under this Article. In witness whereof the undersigned, having been duly authorized to this effect by their respective Governments, have signed this Agreement on the dates appearing opposite Done at Washington, this thirteenth day of April 1953, in the English, French, and Span- ish languages, all texts being equally au- thentic, the original to be deposited in the archives of the Government of the United States of America, which shall transmit certi- Subject to the acceptance however of the reservation that in the event of the nonparticipation in or withdrawal from the Agreement by any one or more of such of the Governments of such im- porting countries listed in Annex "A" to Article III thereof as in the opinion of the Government of the Commonwealth of Australia are traditional markets for Australian wheat or in the event of any one or more of such countries reducing its or their respective guaranteed quan- tities below the quantities shown for them respectively in the said Annex A the Government of the Commonwealth of Australia if it shall have accepted the Agreement may request such reduction to the guaranteed quantity shown in respect of Australia in Annex B to Article III of the said Agreement as may in its opinion be necessary to enable Australia to supply to such importing country or countries the quantities of wheat which Australia would normally expect to sup- ply to it or them as the case may be and may withdraw from the said Agreement |