ASEAN Ports Association

Official Website
About APA Constitution
GOVERNANCE & GOVERNANCE FRAMEWORK

Constitution

The Constitution of the ASEAN Ports Association establishes the Association's name, objectives, membership, officers and governance framework.

ARTICLE I

NAME AND OBJECTIVES

Section 1

NAME

This regional association shall be known as the ASEAN PORTS ASSOCIATION or in brief APA hereinafter referred to as Association.

Section 2

AIMS AND OBJECTIVES

The main aims and objectives of the Association shall be as follows:

  1. to provide the ASEAN ports with a vehicle for regional cooperation in port development, operations and management;
  2. to promote and protect the interests of member ports.

The specific objectives of the Association shall be as follows:

to promote and to assist in the development and implementation of efficient methods on the following:

  • cargo handling system;
  • port procedures and documentation;
  • administration of port personnel, including those of private agencies, involved in the business of the ports;
  • port statistics;
  • port information systems;
  • port planning and development

to promote the exchange of data and information on shipping and cargo traffic within the port area;

to upgrade the skills and knowledge of port personnel through the exchange of personnel for on-the-job-training, holding of seminars/workshops on port planning; operations and management;

to promote cooperation in the coordination of port operations and management on an ASEAN basis;

to develop and maintain close relationships with other ASEAN organizations especially those of ASEAN shippers, shipowners and inland transport agencies;

to develop and maintain close relationships with other regional or national ports associations or international port related associations;

to undertake other activities as are incidental or conducive to the attainment of the above objectives.

Section 3

SCOPE OF ACTIVITIES

  1. to formulate and to continuously update and implement a cooperative programme for the improvement of port operations and management efficiencies;
  2. to continuously exchange information and undertake innovations on:
  3. to promote sports activities among Members of the Association
  • cargo handling system;
  • port procedure and documentation;
  • port statistics collection and analysis;
  • training of port personnel on various aspects of port management;
  • port planning and development;
  • other port-related matters
Section 4

ANNUAL MEETING

For the implementation of the aims and objectives stipulated under Article 1, Section 2, the Association shall convene Annual Meetings, which shall be attended by the delegates from the Member countries. The Meetings shall be held at such time and place as may be determined by the Members.

ARTICLE II

MEMBERSHIP

Section 1

COMPOSITION

The membership of the Association shall consist of the following:

  1. national port authorities and/or country ports with the government retaining majority interest shall collectively be considered regular members.
  2. Corporatized or privatized ports shall be considered as associate members.
Provided, however, that the regular and associate members in respective ASEAN countries shall collectively be recognized as a Member.
Section 2

DUTIES OF MEMBERS

The members shall have the following duties:

  1. to determine programmes of work and priorities, annual budgets and other affairs of the association, and to elect the Chairman and Vice-Chairman for a term of two years;
  2. to attend special meetings to discuss matters on proposals, recommendations or reports of the Working Committee or Technical Committees.
Section 3

RIGHTS OF MEMBERS

Members shall have the right:

  1. to receive copies of the Annual Report and informative materials distributed to all Members by the Association;
  2. to attend and to participate in the meetings of the Association.
ARTICLE III

OFFICERS OF THE ASSOCIATION

Section 1

ELECTION

The executive officers of the Association shall be a Chairman, a Vice-Chairman and a Secretary – General to be appointed by the Chairman. The Chairman and the Vice-Chairman shall be elected from among the Members for a term of two years. Such election shall be done by consensus at the Annual Meeting.

Section 2

DUTIES OF CHAIRMAN AND VICE-CHAIRMAN

The duties of the Chairman shall be:

  1. to preside over meetings of the Association;
  2. to ensure the implementation of the programmes of work and priorities as decided by the Association;
  3. to establish and appoint the members of the Working Committee and Technical Committees on approval of the Members;
  4. to establish a Secretariat and appoint its personnel.

The Vice-Chairman shall assist the Chairman and in the absence of the Chairman carry out his functions and other functions as assigned by the Chairman.

Section 3

DUTIES OF THE SECRETARY GENERAL

The Secretary General shall be responsible for the coordination and administration of the activities of the Association.

  1. to procure and to distribute documents and information;
  2. to publish the journal of the Association;
  3. to draw up and to submit the annual budgets;
  4. to supervise the activities of the Permanent Secretariat;
  5. to perform such other functions as may be assigned by the Association.

The specific duties of the Secretary General shall be:

The Secretary – General shall keep the minutes of all meetings of the members in a book kept for that purpose. He shall keep the seal of the Association and, when authorized by the Chairman, to affix such seal to any paper or instrument requiring the same.

He shall have the charge of the funds, receipts and disbursements of the Association. He shall deposit all moneys of the Association in such bank or banks of the country where the Permanent Secretariat is located. He shall render to the Members, whenever required, an account of the financial condition of the Association and of all transactions made by him as Secretary General. He shall keep correct books of accounts of all transactions of the Association. All checks paid out or endorsed by the Association shall be signed by the Secretary General, countersigned by the Chairman.

Section 4

DUTIES OF THE WORKING COMMITTEE

The duties of the Working Committee shall be:

  1. to carry out any task assigned by the Association;
  2. to hold technical discussions on substantive matters and to submit the results to the next Annual Meeting directly following the Working Committee Meeting.
Section 5

DUTIES OF TECHNICAL COMMITTEES

A Technical Committee can be established and appointed by the Chairman on the approval of the Members for the purpose of performing special tasks.

ARTICLE IV

FINANCE

Section 1

SOURCE OF FUND

The Fund of the Association shall be derived from the contributions of the Members of the Association or other sources authorized by the Association and any deficit shall be equally shared among the members of the Association.

Section 2

USE OF FUND

Funds shall be used in accordance with the approved budget.

Section 3

CUSTODY OF FUND

The fund of the Association shall be deposited in the name of the Association in a bank of the country where the Permanent Secretariat is located.

Section 4

AUDIT OF FUND

The accounts of the Association shall be kept in accordance with the practices of the country where the Permanent Secretariat is located. Such accounts shall be audited by an honorary auditor to be appointed by the Association during its Annual meeting.

ARTICLE V

MISCELLANEOUS PROVISIONS

Section 1

PROCEDURE

The Secretary General, in consultation with the Chairman and Vice-Chairman, shall provide the agenda for the meetings of the Association. No meeting, however, shall be held without prior notice of at least 60 days unless the Members of the Association by consensus waive such requirement. All decisions shall be taken by consensus of opinion.

On urgent matters, the Association may transact business or make decisions by circulation.

Section 2

SECRETARIAT

The Association decides on the location of the Head Office of the Secretariat.

ARTICLE VI

AMENDMENT AND EFFECTIVITY

Section 1

AMENDMENT

This Constitution may be amended in an Annual Meeting of the Association by consensus of all the Members provided that the notice and copies of the proposed amendments had been given to all Members of the Association at least 60 days before the date of the Meeting.

Section 2

EFFECTIVITY

This Constitution shall take effect one month after its adoption at the Annual Meeting.

Back to About APA