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Pursuant to Article 22 of the Organization of Islamic Cooperation Charter (hereinafter – the “OIC”), it may establish Subsidiary Organs, Specialized Institutions and grant affiliated status, after approval of the Council of Foreign Ministers, in accordance with the Charter

The Resolution No. 3/39-E on Establishment of OIC Food Security Institution in Kazakhstan was adopted by the 39th Session of the Council of Foreign Ministers of OIC, held in Djibouti, Republic of Djibouti on 15-17 November 2012.

The Statute of the Islamic Organization for Food Security (hereinafter – the “IOFS”) adopted by the 40th Council of Foreign Ministers, held in Conakry, Republic of Guinea on 09-11 December, 2013.

According to Clause 1 of Article 21, the IOFS Statute enters into full legal force upon 30th day from the date of submission of the 10th instrument of ratification or acceptance. The submission of the tenth instrument of ratification took place in 19 February 2018.

The establishment of the IOFS as an institute took place during the 7th session of the Ministerial Conference of the OIC on Food Security and Agricultural Development and the constituent session of the IOFS General Assembly on April 28, 2016 in Astana.

IOFS MEMBER STATES

Currently, the IOFS has Twelve (12) full-fledged (ratified) Member States as Afghanistan, United Arab States, Bangladesh, Burkina Faso, Gambia, Palestine, Qatar, Kazakhstan, Kuwait, Egypt, Niger and Kingdom of Saudi Arabia and 33 states that signed Statute of the IOFS. Every member state of the OIC may become a member of the IOFS upon signing the Statute, and after it has completed the membership legal formalities, in accordance with its national legislation, and informed in writing the IOFS.

IOFS LEGAL CAPACITY

The IOFS is specialized institution of the OIC and enjoys the status of fully-fledged legal entity as an international organization, using its full legal capacity to exercise its functions and fulfill its objectives as defined in this Statue.

IOFS LEGAL GOVERNANCE

The organs of the IOFS are:

  1. The General Assembly;
  2. The Executive Board; and
  3. The Secretariat.

IOFS RECOGNITION IN THE JURISDICTION OF KAZAKHSTAN

  1. Pursuant to clause 3 Article 4 of the Constitution of the Republic of Kazakhstan International treaties ratified by the Republic of Kazakhstan take precedence over its national laws.
  2. Pursuant to clause 2 Article 6 of the Law on Legal Acts № 480-V International treaties ratified by the Republic of Kazakhstan take precedence over its laws and are applied directly, unless the international treaty implies that its application requires the publication of a law.
  3. Pursuant to clause 6 Article 1 of the Law on International Treaties № 54-III an international treaty of the Republic of Kazakhstan - an international agreement concluded by the Republic of Kazakhstan with a foreign state (foreign states) or with an international organization (international organizations) in writing and governed by international law.

Thus, the IOFS Statute was ratified by the Law of the Republic of Kazakhstan dated November 21, 2014 No. 256-V.

Agreement on the headquarters between the Government of the Republic of Kazakhstan and the IOFS was ratified by the Law of the Republic of Kazakhstan dated November 20, 2017 No. 110-VI.

By the Note 16-1/2873 on 28 November 2017, the IOFS was registered in Astana within the Ministry of Foreign Affairs of the Republic of Kazakhstan.