THE GOVERNMENT OF THE REPUBLIC OF ARMENIA
December 2, 2010, N 1694-N
ON THE ESTABLISHMENT OF THE FUND FOR DISASTER RISK REDUCTION NATIONAL PLATFORM
Based on the part 4 of the article 10 of the law of the Republic of Armenia “On Funds”, the Government of the Republic of Armenia decides:
1. To establish the Fսnd for Disaster Risk Reduction National Platform.
2. To assign the authorities of the state agency to act on behalf of the Founder of the Fսnd for Disaster Risk Redսction National Platform to the Ministry of Emergency Situations of the Republic of Armenia.
3. To approve the Charter of the Fսnd for Disaster Risk Redսction National Platform in accordance with the annex.
4. To assign Ara Manoukyan as acting Director of the Fսnd for Disaster Risk Redսction National Platform (passport details – AH0585586, given by 012, 21.05.2008).
5. The Minister of Emergency Situations of the Republic of Armenia shall:
1) ensure state registration of the Fսnd for Disaster Risk Reduction National Platform within a month after the current decree is reinforced.
2) submit the list of personnel of the Board of Trustees of the Fund for Disaster Risk Reduction National Platform to the Prime Minister of the Republic of Armenia within a month’s period after the state registration of the Fund for Disaster Risk Reduction National Platform.
6. This decree enters into power on the next day after official publication.
Prime Minister of the Republic of Armenia T. Sargsyan
20 December, 2010
OF THE FUND FOR DISASTER RISK REDUCTION NATIONAL PLATFORM
I. GENERAL PROVISIONS
1. Fund for Disaster Risk Reduction National Platform (hereinafter – Fund) is a non-commercial organization based on volunteer property fees and without membership.
2. The founder of the Fund is the Republic of Armenia represented by the Government of the Republic of Armenia. The Ministry of Emergency Situations of the Republic of Armenia is the authorized state body by the Government of the Republic of Armenia.
3. The principles of the Fund are legitimacy, humanitarian acting, volunteerism, democracy and publicity.
4. The activities of the Fund are guided by the Constitution of the Republic of Armenia, Civil Code of the Republic of Armenia, RA laws “ On Funds”, “On Protection of the Population During Emergencies”, “On Civil Protection” and other legal acts, as well as with the present Charter.
5. The Fund is named:
1) Armenian full name – «Աղետների ռիսկի նվազեցման ազգային պլատֆորմ» հիմնադրամ.
2) English full name – Fսnd for Disaster Risk Redսction National Platform
3) Armenian abbreviation – ԱՌՆԱՊ հիմնադրամ.
4) English abbreviation – FDRRNP (ARNAP)
6. The period of the activity of the Fund is not limited.
7. The beneficiaries of the Fund are the population of the Republic of Armenia, state agencies and local self-governance bodies involved in disaster prevention, mitigation and recovery, and organizations.
8. The Fund acts in the Republic of Armenia, and in other states in accordance with the local legislation of the latter.
9. The Fund is located in the Republic of Armenia, Yerevan, 0054, Davitashen 4th district, Anastas Mikoyan 109/8.
II. THE LEGAL STATUS OF THE FUND
10. The Fund is considered established from the point of state registration as prescribed by law.
11. The Fund is a legal entity and possesses property separated from the Founder’s property. The property of the Fund is registered in its own balance.
12. The Fund has the right to:
1) obtain and execute property and personal non-property rights on its behalf, bear responsibilities, appear in court as a plaintiff or a defendant.
2) open bank accounts in the banks of the Republic of Armenia and overseas in the Armenian Dram and/or foreign currency in accordance with the legislation of the Republic of Armenia.
13. The Fund has a round stamp, patents and blanks with its name (it is mandatory to have its name stated in Armenian), as well as other identification means.
III. THE GOAL AND OBJECTIVES OF THE FUND
14. The goal of the Fund is to support in the establishment of multi-sectoral mechanism for disaster risk reduction in the Republic of Armenia, reduction of risks of technological and natural emergency situations and reduction of and recovery from implications of emergencies.
15. For implementation of its goal, the Fund carries out the following activities:
1) provides assistance in the process of clarification of responsibilities and authorities of disaster risk reduction players, harmonization of agency interests, provision of cooperation among agencies and organizations involved in disaster risk reduction, and efficient utilization of resources.
2) provides assistance to:
a. Development of scientific and educational potential, raising public awareness and improvement of analytical capacities;
b. Implementation of emergency prevention and mitigation activities;
c. Implementation of activities for recovery from emergency situations;
d. Examination of phenomena leading to emergencies and reduction of implications;
e. Implementation of seismic risk reduction activities;
f. Provision of aid to the population affected in emergencies.
3) Carries out scientific and research activities.
4) Implements other activities in compliance with the legislation of the Republic of Armenia.
IV. RIGHTS, DUTIES AND RESPONSIBILITIES OF THE FUND
16. The Fund makes its own decision on the structure and ways of performance of the Fund.
17. For the implementation of the goals and objectives set out in its Charter, the Fund has lawful rights to:
1) freely disseminate information on its activities;
2) receive information from state agencies, local self-governance bodies and organizations that are necessary for implementation of its chartered goals;
3) establish separated divisions and agencies;
4) set up commercial organizations or be a participant in such;
5) acquire, receive, rent or use (with other conditions, including free of charge) real estate, fixed assets, transportation means and other property in compliance with the law;
6) sell or rent out and make an in-kind contribution of any of the Fund owned real estate and movables;
7) involve financial resources on its own, including attraction of grants, donations, borrowings, and receive borrowings (loans), grants and donations (including with foreign currency) in the Republic of Armenia and overseas;
8) perform other activities in compliance with the legislation of the Republic of Armenia.
18. The Fund –
1) can become a member of international non-governmental and foreign non-state organizations in accordance with the legislation of the Republic of Armenia and the present Charter;
2) can conduct entrepreneurial activity only when it serves to the objectives of the Fund. The Fund can perform entrepreneurial activity on its own or establish commercial organizations or be a participant in those for that purpose.
19. The Fund possesses the right to perform different types of entrepreneurial activity on its own only as stipulated by the present Charter.
20. The Fund is obliged to –
1) perform in compliance with the Constitution of the Republic of Armenia, legislation of the Republic of Armenia and the present Charter;
2) conduct administration and accounting in the manner prescribed by law;
3) provide information and submit reports to state agencies in cases and in the manner prescribed by law;
4) perform other duties in the manner prescribed by law.
21. The Fund is obliged to grant an opportunity to people (as set out in the law “On Funds” of the Republic of Armenia) and eligible state agencies to get acquainted with its Charter, and additions and amendments made to it within five days.
22. The Fund and the officials of the Fund are held responsible for illegal performance in the manner as prescribed by law.
23. The Fund is responsible for its duties with its own property.
24. The Fund is not held responsible for the duties of the Founder, and the Founder is not held responsible for the duties of the Fund.
V. ENTREPRENEURIAL ACTIVITY OF THE FUND
25. In accordance with its goals, the Fund can perform the following types of entrepreneurial activity:
1) Prevention of natural and technological disasters (preventive activities for collapsing and landslide phenomena);
2) Implementation of rescue activities in mountainous areas and other territories, accompanying groups, provision of water rescue services, implementation of anti-fire protection as ordered by organizations, installation and servicing of anti-fire, air conditioning and other systems in high and other buildings.
3) Conducting scientific and research studies, development and introduction of new technologies.
VI. THE PROPERTY OF THE FUND
26. The Fund has the right to possess separated property (including cash, securities and property rights.
27. Sources of obtaining property for the Fund are:
1) Investment of the Fund;
2) Donations, borrowings, loans and investments from physical and legal entities, including citizens and legal entities of foreign states, as well as foreign countries and international organizations.
3) Funds from the state budget of the Republic of Armenia, including borrowings attracted from the state budget of the Republic of Armenia within the international agreements of the Republic of Armenia in the field of emergency situations.
5) Resources received from the activity of the Fund and the entrepreneurial activity of commercial organizations established by the Fund or with the participation of the Fund.
7) Other resources in compliance with the law.
28. Administrative expenses of the Fund include reimbursement costs related to the management of the Fund, remuneration of the staff of the Fund, as well as implementation of responsibilities of the members of the Fund bodies.
VII. THE BODIES OF THE FUND
29. The Fund performs its duties through its bodies. The bodies of the Fund are the Board of Trustees and the Director.
30. The high level managerial and supervisory body is the Board of Trustees (hereinafter – Board).
31. Active physical entities over 18 are entitled to become members of the Board.
32. The Board consists in 15 people, and manages the activity of the Fund in compliance with the legislation of the Republic of Armenia. The Board consists of –
1) eight representatives from the Ministry of Emergency Situations of the Republic of Armenia;
2) two representatives from the staff of the National Security Council of the Republic of Armenia (with the consent).
3) one representative from:
a. Ministry of Foreign Affairs of the Republic of Armenia;
b. Ministry of Territorial Administration of the Republic of Armenia;
c. Ministry of Defence of the Republic of Armenia;
d. Ministry of Finance of the Republic of Armenia;
e. Republic of Armenia Police Adjunct to the Government of the Republic of Armenia.
33. The members of the Board are not entitled to be members of another body of the Fund.
34. The Board members perform their responsibilities without remuneration and on non-profit basis. The Board members may receive reimbursement of those costs that are related to the implementation of responsibilities of the members of the Board of Trustees.
35. Authority of the Board member is ceased –
1) based on a written application submitted to the Chairman of the Board;
2) if someone else is assigned to the position or the position is eliminated;
3) in case of improper performance of assigned responsibilities and with at least the 3/4 votes of the rest of the members of the Board of Trustees.
4) at the end of the term of responsibilities;
5) if the authorities of half or more than the half of the total number of the members of the Board of Trustees are ceased;
6) in case of death;
7) In case of incapacity based on a final court decision.
36. The Board performs its activity through sessions. The Board is competent if more than half of the members of the Board are present. Each Board member has the right of one vote. Decisions of the Board are made by the majority of votes of the present members.
37. Decisions on election and discharge of the Chairman of the Board and the Director, as well as on changing the name of the Fund, liquidation and amendments in the Charter or approval with new edition are made by the majority votes of the total number of Board members.
38. Decision on restructuring of the Fund is made by the majority votes of the total number of Board members (2/3).
39. If an issue related to property or other interests of a Board member or his/her related persons (parent, spouse, child, brother, sister, parent, brother and sister of the spouse) is discussed at the Board session, the Board member does not have the right to participate in the voting process.
40. The authorities of the Board are:
1) approval of the milestones of the overall policy and strategy of the Fund;
2) approval of the Fund budget and amendments made to it, annual financial reports, employment list and the annual performance reports of the Fund;
3) decision making on the restructuring of the Fund;
4) decision making on early dismissal of authorities of members of the Board of Trustees of the Fund;
5) decision making on making changes and amendments to the Charter or approval with new edition;
6) decision making on establishment of commercial organizations, separated divisions and agencies and approval of their charters;
7) monitoring of the financial and economic activity of the Fund;
8) hear the Director’s report at least once a year;
9) monitoring the implementation process of his/her decisions;
10) selection of the auditor of the Fund;
11) approval of the staff and working regulations of other advisory bodies;
12) approval of internal regulations of the Fund;
13) approval of the regulation of possession of the property of the Fund;
14) decision making on applying to the court on the liquidation of the Fund;
15) assignment of the liquidation committee of the Fund, definition of liquidation regulation and timeframes, approval of the liquidation medium term balance sheet and the liquidation balance sheet.
16) decision making on the election of the Chairman of the Board and the Director of the Fund and other bodies as defined by the Charter, and on early dismissal of their authorities;
17) approval of the Fund structure;
18) approval of the employment list of the Fund;
19) implementation of other authorities as defined in the law of the Republic of Armenia “On Funds”, the present Charter and authorities not assigned to other bodies of the Fund.
41. Issues under the authority of the Board cannot be assigned to other bodies.
42. The Chairman of the Board is elected by the Board members from their staff team.
43. The Board may re-elect the Chairman or elect a new Chairman by the majority votes of the total number of the members.
44. The Chairman of the Board –
1) organizes the activities of the Board;
2) calls on and chairs Board sessions;
3) organizes the administration of the protocol Board sessions.
45. At the absence of the Chairman of the Board, responsibilities of the latter are carried out by one of the Board members by the decision of the Board.
46. Board sessions are assembled at least twice a year by the Chairman of the Board. Special sessions of the Board may be convened based on the request of 1/3 of Board members by the Chairman of the Board within 30 days after submission of the relevant request. Board sessions may be conducted through electronic mail or other devices of communication.
47. The Director of the Fund manages the ongoing performance of the Fund.
48. The Director of the Fund is assigned on competition basis. The instructions of conducting the competition are defined by the Board. The Director is assigned and dismissed by the Board.
49. The rights and responsibilities of the Director are defined by law, the present Charter and the work contract signed by the Director. The contract of the Director is signed by the Chairman of the Board or by an authorized person by the Board.
50. The authority of the Director is management of ongoing performance of the Fund with the exception of issues authorized to the Board by law and the present Charter. The Director organizes implementation of the Board decisions.
51. The Director –
1) possesses the property of the Fund, including financial resources, signs transactions/contracts on behalf of the Fund (transactions exceeding the minimum salary rate by 1000 times) with the approval of the Chairman of the Board.
2) represents the Fund in the Republic of Armenia and in countries overseas.
3) acts without a Power of Attorney.
4) grants Powers of Attorney.
5) signs agreements as defined by regulations, including working contracts.
6) opens current, settlement (including with foreign currency) and other accounts.
7) submits the charters of separated divisions, agencies and commercial organizations established by the Fund, the administrative structure of the Fund, the employment list and working regulation for the approval of the Board.
8) makes orders and instructions (mandatory for implementation) within its authority and monitors their implementation.
9) employs and dismisses employees of the Fund, including heads and staff of the separated divisions and agencies in the manner prescribed by regulations.
10) applies motivation for and disciplinary tools against the employees.
VIII. ACCOUNTING AND FINANCIAL REPORTING
52. The Fund conducts accounting and submits financial and statistical reports in the manner prescribed by law and other legal acts.
53. Administrative costs of the Fund are calculated separately from other expenses of the Fund.
54. Assessment of the financial activity of the Fund is done at least once a year by an independent auditor. The independent auditor is selected on competition basis as defined by the legislation of the Republic of Armenia, and approved by the Board.
IX. RESTRUCTURING AND LIQUIDATION OF THE FUND
55. The Fund is restructured based on the law of the Republic of Armenia “On Funds”.
56. The Fund is restructured by the decision of the Board.
57. Liquidation of the Fund is ceasing its activity without the right of succession of its rights and responsibilities to other entities.
58. Decision on liquidating the Fund can be made only by the court based on the application of interested entities. The Board of Trustees may represent the Fund as an interested entity.
59. The Fund may be liquidated in the manner prescribed by the legislation of the Republic of Armenia.
Head of Staff of the Government of the Republic of Armenia D. Sargsyan