SESAME COUNCIL Interim Council Meeting

7^thMeeting of the International (Interim) Council
Amman, Jordan, 17-18 December 2001

Approved Agenda

Opening of the Interim Council meeting under the patronage of H.R.H. Prince Ghazi Ben Mohammad
Master of Ceremony: Professor Isa Khubeis

SPEAKERS:

• Ms. Ndeye Fall, Director, UNESCO Amman Office

• Professor Walter Erdelen, Assistant Director-General for Natural Sciences, UNESCO

• His Excellency Dr. Khaled Toukan, Minister of Higher Education and Research

• Professor Herwig Schopper, President, SESAME Interim Council

• H.R.H. Prince Ghazi Ben Mohammad

Business Meeting

1. Approval of Draft Agenda of 7^th IC Meeting ( SESAME/AMN//IC-01-17)

1. Approval of Decisions of 6th IC meeting (SESAME/AMN/IC-01-16)

1. New Members and Observers

1. Report of chairman (H.Schopper)

1. Progress report of planning of accelerator building and shipment of BESSY I (D.Einfeld, Technical Director)

1. Report on possible stages in the upgrading of SESAME.

(a) Possible scientific programmes (H. Winick, Co-Chair Scientific Committee)

(b) Lay-out of machine and parameters (D. Einfeld)

7. Report by Task Force on new committee structure and composition (S.Hasnain)

8. Report by Task Force on future contributions (A. Patroni, C. Iacovou, I. Khubeis).

1. Report on possible stages in the formal steps for setting up of SESAME

(a) Draft Statutes of SESAME (M. Nalecz). SESAME/AMN/IC-01-23

(b) Draft Rules of Procedure (H.Schopper)

(c) Draft Site agreement (I.Khubeis, M. Nalecz,)

10. Fund raising EU, IAEA, others (Statements by representatives)

11. Financial matters

(a) Contributions paid in 2001 and budget 2001

(b) Budget 2002 (Mr. Nalecz/I.Khubeis)

12. AOB

13. Next meeting of IC

List Of Participants

President: Prof Herwig SCHOPPER (CERN)
Vice-Presidents: His Excellency, Prof Khaled TOUKAN (Jordan), Prof Dincer ?LK? (Turkey)
Secretary: Prof Maciej NALECZ (UNESCO)

MEMBERS

Armenia

Mr Karen NAZARIAN (Perm. Rep. of Armenia to the UN’s Offices at Geneva and other Int. Org.

Cyprus

Mr Costas IACOVOU (Planning Bureau)

Mr Homer MAVROMMATIS (Ministry of Foreign Affairs)

Mr Panikos POUROS (Planning Bureau)

Egypt

Dr Mohamed Nasef COMSAN (Atomic Energy Authority, Cairo)

Prof Hamid Mohamed ROUSHDY EL-KADY (Atomic Energy Authority)

Greece

Prof Nikonaos G. ALEXANDROPOULOS (University of Ioannina)

Prof George KANELLIS (Aristotle University of Thessaloniki)

Ms Afroditi PATRONI (General Secretariat for Research and Technology)

Iran, Islamic Republic of

His Excellency Dr Ahmad JALALI (Ambassador, Permanent Delegate of Iran to UNESCO)

Prof Reza MANSOURI (Sharif University of Technology)

Israel

Dr Moshe DEUTSCH (Bar Ilan University)

Prof Eliezer RABINOVICI (Hebrew University)

Jordan

Prof Isa KHUBEIS (Al Balqa'a Applied University)

His Excellency Prof Khaled TOUKAN (Minister of Education)

Morocco

Prof Abdeslam HOUMMADA (Universite Hassan II Ain Chock)

Oman

Dr Saleh M.A. AL-ALAWI (Sultan Qaboos University)

His Excellency Dr Musa Bin Jaafar BIN HASSAN (Ambassador, Permanent Delegate of Oman to UNESCO)

Prof Vincent MCBRIERTY (Sultan Qaboos University)

Pakistan

His Exellency Prof Dr ATTA-UR-REHMAN (Minister for Science & Technology)

Palestinian Authority

Prof Said A ASSAF (Arafat National Scientific Centre for Applied Research)

Prof Hanna HALLAK (Bethlehem University)

Prof Salman M. SALMAN (An-Najah National University)

Turkey

Prof Namil Kemal PAK (The Scientific and Technical Research Council of Turkey)

Prof Dinçer ?LK? (Hacettepe University)

OBSERVERS

France

Dr Robert COMES (LURE)

Germany

Dr Lothar SCHULTE (Federal Ministry of Education and Research)

Italy

Prof Massimo ALTARELLI (Elettra, Trieste)

Prof Jerzy RYDZY (Ministry of Foreign Affairs)

Japan

Prof Tadashi MATSUSHITA (Institute of Materials Structural Sciences)

Kuwait

Dr Abdelhamid AL-JAZAR (Kuwait University)

Dr Adel M. QABAZARD (Kuwait Institute for Scientific Research)

Russian Federation

Prof Vladimir KADYSHEVSKY (JINR)

- Prof Sergey KAPITZA (P.L.Kapitza Institute for Physical Problems)

Sweden

- Prof Tord EKELOF

United Kingdom of Great Britain and Northern Ireland

Prof Samar HASNAIN (Daresbury Laboratory)

United States of America

Msrley HART (U.S. Observer to UNESCO)

SESAME COMMITTEES

Technical Committee

Prof Costas PAPANICOLAS, Co-Chair of Committee (Institute of Accelerating Systems & Applications, Athens)

Prof Gustav-Adolf VOSS, Co-Chair of Committee (DESY-Hamburg)

Scientific Committee

Prof Ercan ALP, Co-Chair of Committee (Argonne National Laboratory)

Prof Herman WINICK, Co-chair of Committee (SSRL/SLAC, Stanford University)

Training Committee

rof Gallieno DENARDO, Temporary Co-Chair of Committee (Abdus Salam ICTP, Trieste)

Prof Reza MANSOURI, Co-Chair of Committee (Sharif University of Technology, Tehran)

Decisions

The Interim Council (IC) of SESAME held its 7^th meeting in Amman, Jordan, on 17-18 December 2001. Professor Herwig Schopper, President of the Interim Council, chaired the meeting. Delegates representing Cyprus, Egypt, Greece, Iran, Jordan, Morocco, Oman, Pakistan, the Palestine Authority, Turkey, and the U.A.E., the Co-Chairs of the Scientific and Technical Committees and UNESCO staff at Headquarters and at the Amman Office attended. Observers and invited guests included representatives from the Governments of France, Germany, Japan, Sudan, Sweden, the U.K. and the U.S.A. A representative of the European Commission attended.

The Interim Council took the following decisions:

1. Changes will be made to Resolutions 1 and 2 of the 6^th Meeting of the Interim Council so as to fully reflect what was agreed upon at the 6^th Meeting. They are attached in Annex 1

2. After listening to the report of the technical Director and the Co-Chair of the Scientific Committee, the IC asked the Technical Director to work out in detail his proposal to increase the SESAME energy to 2 GeV which would require new bending magnets, but no superconducting wiggler. Since the cost for modifying the BESSYI bending magnets could also be saved, the cost should not be very different from that in the Green Book. This option should be considered as the favoured one.

3. The Members of the Interim Council approved the draft Statutes for the creation of SESAME with some modifications and agreed that UNESCO should use them in the feasibility study it is to submit to its Executive Board concerning the establishment of the Centre. As a major addition, it was decided that a formula for the yearly contributions of the Members should be added in an Annex to the Statutes (see point8 of the summary report). By agreeing to the Statutes, delegates confirmed the engagement of their governments in the project.

4. The Members of the Interim Council will submit the draft Statutes to their respective governmental authorities for endorsement. Any proposals for changes will be sent to UNESCO before the end of January 2002. These Statutes (dated 28/01/02) are attached in Annex 2.

5. The draft Rules of Procedure were agreed upon after some modifications. They are dated 28/01/02 and are attached in >Annex 3.

6. Minister Toukan will write to the German Government stating that the Members of the Interim Council have agreed to the draft Statutes and that the 31^st Session of the General Conference of UNESCO expressed support for the establishment of SESAME under the auspices of UNESCO. His letter will say that shipment to Jordan of BESSYI can therefore now be organized.

7. 4 Advisory Committees are to be established (or re-created) with new or modified tasks and new members. The Chairmen of the Committees should come from Members of the SESAME project. The 4 Committees are the following:

i. Technical Committee which will give advice on the upgrading of the machine. Although formally giving advice to the Interim Council it will mainly interact directly with the Technical Director;

ii. Beam-Lines Committee which has as its main task to form collaboration for the setting up of beam-lines, in particular to organize the first generation of beams (including funding and obtaining used equipment from other laboratories); this committee might later become the programme committee for evaluating individual proposals;

iii. Scientific Committee which will give advice on the overall long-term scientific programme of the project;

iv. Training Committee to coordinate workshops, seminars, fellowships,etc., including fund-raising.

Before 31 January 2002, the Members of the Interim Council are to send ProfessorSchopper their suggestions on Chairpersons for each of these Committees.

8. The task force to study the procedures for determining future contributions by Members will come up with a formula by the end of January 2002 and will send their proposal to all Members. The minimum contribution will be US$50K; the maximum will be between US$0.8-1 million and the interpolation will be done by a formula along the criteria discussed at the meeting. Responses will be communicated to the task force by mid-February. MrsA. Patroni will remain Chairperson of the task force and there will be no changes to its composition except that Palestine has declared the wish to withdraw. This formula will become part of the SESAME Statutes.

9. Since the project is a regional one and not a national one, the request for funding made to the IAEA, initially submitted by just Jordan, is to be re-submitted jointly by Jordan, Egypt and Turkey. Professor Khubeis will obtain the signature on the proposal of all 3 countries and submit it to the IAEA before 31 December 2001. He will also send an electronic copy of the proposal for information to all Members and Observers of SESAME.

The Jordanian Authorities will request its Ambassador to the IAEA to send a letter to the IAEA suggesting that an information meeting be organized in Vienna with delegates of the IAEA. He will also be asked to obtain information on logistics for organizing such a meeting. This meeting will be held before the next Executive Board session of the IAEA.

10. The 8^th Meeting of the Interim Council will be held in Morocco in the Spring of 2002. Professor Hoummada will take responsibility for this and will make contact with UNESCO’s Office in Rabat.

ANNEX 1

At the 5th Interim

RESOLUTION 1: TAKEN AT THE 6TH MEETING OF THE INTERIM COUNCIL

Council Meeting held in Cairo (12-13 March 2001), delegates reaffirmed their commitment to expedite the realization of the SESAME facility in Jordan as a prerequisite step in the ratification of an agreed legal status for SESAME under the auspices of UNESCO. This will permit:

1. the speedy transfer of BESSY I components (already dismantled at the expense of SESAME and UNESCO) from Germany to Jordan.

2. recruitment of international staff.

3. attracting and accepting the necessary funding.

Towards this end, after discussions, the optimal route is considered to be the following:

1. a submission of the Draft Agreement between UNESCO and SESAME to the UNESCO Executive Board (Already accepted as Agenda Item for the meeting in fall 2001).

2. znsure submission of the Board’s recommendation to the UNESCO General Conference at its next meeting for its final approval.

3. the Director-General fo UNESCO be entrusted to evaluate the details of the feasibility of the proposals and to clarify any remaining legal aspects.

The Interim Council at its 6th meeting in Amman has approved this approach and authorized the Chairman of the IC to submit it to UNESCO Authorities.

RESOLUTION 2: TAKEN AT THE 6TH MEETING OF THE INTERIM COUNCIL

The delegates of the Members and Observers of the SESAME Interim Council commit themselves to inform and advise the appropriate authorities of their Governments on the necessary steps to be taken to support the implementation of SESAME as an autonomous center under the auspices of UNESCO with the Draft Agreement submitted to UNESCO as a basis.

To this end the Representatives of the Executive Board and the General Conference should be urged to support the SESAME Project and in particular to request that after a positive decision of the Executive Board the matter should be immediately transferred to the UNESCO General Conference for a final decision.

The delegates of the IC will inform the Chairman not later than 15th September 2001 that the Representatives in the UNESCO Executive Board and Delegates at the General Conference have been advised accordingly.

The procedure mentioned in Resolution 1 is indispensable in order to advance the project:

· by having the ground-breaking ceremony in 2001.

· followed by the shipping of the BESSY I components to Jordan, and.

· recognizing the German Government’s position based on several years of common efforts of preparation and to finally initiate the implementation phase of SESAME.

ANNEX 2

Geneva, 28.01.2002

Statutes of the International Centre for Synchrotron-light for Experimental Science and Applications in the Middle East (SESAME)

The Members party to these Statutes have agreed as follows:

ArticleI

Purpose and Functions

1.The “International Centre for Synchrotron-light for Experimental Science and Applications in the Middle East”, hereinafter called “SESAME”, shall provide for collaboration between States, territorial Authorities recognized by the United Nations and the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as “UNESCO”) or International Organizations, in the Middle East and the Mediterranean Region with free access to all scientists of SESAME Members in relevant areas of research, being also open to scientists from the whole world, in basic and applied research using synchrotron radiation or closely related ics.

2. Special support will be given to work of relevance to the region and scientific and industrial research. SESAME shall not undertake classified work for military purposes or other secret research and the results of its experimental and theoretical activities shall be ultimately published or otherwise made generally available. The Council referred to in Article III shall adopt appropriate bylaws concerning intellectual property and industrial interests

3. The Progamme of SESAME shall in particular consist in the following activities:

(a) Installation, operation, maintenance and upgrading of:

· the synchrotron light source;

· the light beams, spectrometers and others detectors;

· the ancillary equipment and laboratories;

(b) Provision of research facilities for scientists and engineers from the region and elsewhere;

(c) training of scientists, engineers and technicians;

(d) scientific and technical help to users and general help to users as far as travel, housing, transport and other needs are concerned;

(e) co-ordination of the overall programme;

(f) Organization and sponsoring of international co-operation in the field of SESAME’S activities.

Article II

Participation

1. The Centre shall be an autonomous institution at the service of its Members.

2. On signature of these statutes, SESAME Members and Observers already participating in the Centre’s preliminary activities and having conveyed to the Secretariat of UNESCO their wish to join the Centre shall automatically retain their status of Member or Observer. Future SESAME Members and Observers wishing to participate in the Centre’s activities, as provided under these Statutes, shall send notification to this effect to the Director-General of UNESCO. The Director-General shall inform the President of the SESAME Council of the receipt of such notifications. Members and Observers are admitted by a two-thirds majority of the Council mentioned in Article III.

3. All previous decisions taken by the Interim Council are ratified.

Article III

The Council

1. The Centre shall be administered by a Council composed of:

(a) up to two Delegates from each SESAME Member nominated by the Member,

(b) up to two Delegates from each Observer nominated by the Observer,

Each SESAME Member shall have one vote, Observers have no vote.

(c)arepresentative of the Director-General of UNESCO who has one vote.

Council Members may be accompanied at Council meetings by up to two advisers.

2. The Council shall elect its own President.

3. The Council shall have all the powers required for the running and administration of the Centre. It shall approve the Centre's programme and budget by a two-thirds majority. It shall examine the annual reports submitted to it by the Director of the Centre, as provided for under Article VI below, and it shall issue him with such directives as it thinks fit. It shall approve the Centre's financial regulations and staff rules.

4. The Council shall meet in ordinary session at least once a year; it shall meet in extraordinary session if summoned by the President, either on his/her own initiative or on that of the Director-General of UNESCO, or at the request of one third of its Members.

5. The Council shall adopt its own Rules of Procedure.

Article IV

Standing Committee

In order to ensure the effective running of the Centre between sessions, the Council may delegate to a small Standing Committee whose membership it fixes, such powers as it deems necessary.

Article V Directorate

1. The Centre's Directorate shall consist of a Director, and if the Council so decides, of such additional support staff deemed appropriate for the proper functioning of the Centre.

2. The Director shall be appointed by the Council by a two-thirds majority. This appointment will be formally ratified by the Director-General of UNESCO. Directors with special functions may be appointed by the Council.

Article VI

Duties of the Director

The Director shall discharge the following duties:

(a) he shall direct the work of the Centre in conformity with the programmes and directives established by the Council;

(b) he shall prepare the draft programme and budget to be submitted to the Council and approved by it;

(c) he shall prepare the provisional agenda for the sessions of the Council and submit to it any proposals that he may deem useful for the administration of the Centre;

(d) he shall draw up and submit to the Council reports on the Centre's activities;

(e) he shall represent the Centre in law and in all civil acts.

Article VII

Legal status

1. The Centre shall enjoy on the territory of Jordan, the host nation, the personality and legal capacity necessary for the exercise of its functions.

2. The Centre shall enjoy, on the territory of each Member Country, the legal capacity necessary for the attainment of its aims and the exercise of its functions.

3. Each Member and Observer undertakes to respect the international character of the responsibilities of the Director and the staff, and not to seek to influence them in the discharge of their duties.

Article VIII

Financial Arrangements

1. The Centre's resources shall derive from sums allotted by the SESAME Members, from such contributions as it may receive from UNESCO, Observers, other States and International Organizations, and from payments it receives for services rendered.

2. The Centre may, with approval of the Council, receive gifts and legacies.

Article IX

Contributions

1. The SESAME Members shall contribute to a total yearly budget whose amount shall be decided by the Council by a two-thirds majority. The distribution of the total budget among the Members will be done according to the formula presented in the Annex.

2. Jordan shall provide the land, the accelerator hall and existing buildings on the site for offices and laboratories and give administrative help

3. The German Government is providing the parts of BESSY I which has been dismantled at Berlin at the cost of SESAME.

4. Observers and other institutions may provide funds for the project.

5. Resources for the installation and upgrading of SESAME, for setting up beam-lines and experiments will be sought for from sponsors and international organizations, in addition to contributions from SESAME Members. Part of such contributions can be provided in-kind.

Article X

Contribution of UNESCO

1. UNESCO shall assist the Centre by:

(i) managing for SESAME any funds that SESAME Members and other parties may provide to UNESCO for this purpose;

(ii) accepting the instruments of adhesion of new Members;

(iii) ratifying the election of the Director of SESAME by the Director-General of UNESCO.

(iv) providing administrative and legal advice as may be required;

(v) promoting the Centre and encouraging interested states to participate as Members, and

(vi) helping to raise funds for the Centre.

2. The assistance provided by UNESCO under these Statutes shall not be continued beyond 31 December 2011, with the exception of that being provided under Article X.1.(i) and (ii), unless decided otherwise.

Article XI

Sanctions

1. A Member shall lose its right to vote in the Council when the total amount of its contributions to SESAME that have fallen due and that have not been paid, irrespective of the calendar year or years to which the contributions relate, exceeds the amount of the contributions payable by that Member State for the current year. A Member shall be deemed to have renounced its membership if it has omitted to pay its contributions that have fallen due during four consecutive calendar years. The Council may nevertheless permit a Member to exercise the aforementioned right or to retain its membership if it is satisfied that failure to pay is due to special circumstances beyond the Member’s control.

2. If a Member fails to fulfil its obligations under these Statutes, it shall cease to be a Member of SESAME on a decision of the Council taken by unanimity of all the Members except the Member concerned.

Article XII

Final clauses

1. The present Statutes are concluded for a period ending on 31 December 2011.

2. Upon the expiration of this period, the SESAME Members shall decide which provisions of the present Statutes they wish to maintain in force, except those committing UNESCO, and shall make any further arrangements that should prove necessary to enable the Centre to continue its work in an appropriate form.

3. If the Centre shall extend its operation after 31 December 2011, any Member or Observer of SESAME wishing to withdraw at any time after this shall do so by giving notice in writing to the President of the SESAME Council. The withdrawal shall take effect at the end of the next financial year following that in which the notice was given or at such later date proposed by the Member or the Observer. Any withdrawal shall be notified to the Director-General of UNESCO by the President of the SESAME Council.

4. The present Statutes may be revised by agreement between the SESAME Members and confirmed through an exchange of letters between the President of the Council of SESAME and the Director-General of UNESCO.

5. The present Statutes shall come into force upon their signature by a minimum of 6 Members

IN FAITH WHEREOF, the undersigned representatives, duly authorised, have signed the present Statutes

ANNEX 3

Rules of Procedure of the Council of the International Centre for Synchrotron-light (SESAME)

Article 1. Preamble

1. The International Centre for Synchrotron-light for Experimental Science and Applications in the Middle East, hereinafter referred to as ‘SESAME’, has been established as an autonomous body set up under the auspices of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as ‘UNESCO’, by decision of the General Conference at its ? Session, on ........

2. The orientation of the programme and the activities of SESAME are defined in the Statutes, ArticleI.

3. The Organs of SESAME shall be the Council and a Directorate assisted by support staff. The role of the Council has been determined in the Statutes, Article III. According to the Statutes, Article III.5, internal Rules of Procedure for the Council have to be worked out which is the purpose of this document.

Article 2. Functions and powers of the Council

1. The Council is the principal organ of SESAME. Its composition and voting rights are defined in the Statutes, Article III.

2. It shall perform all functions according to the Statutes and the Rules of Procedure and may delegate certain tasks to the Directorate of SESAME.

3. The Council shall, subject to the provisions of the Statutes

· determine SESAME’s policy in scientific, technical and administrative matters;

· approve the Centre’s programme of activities;

· approve the Centre’s financial regulations and staff rules;

· adopt the budget of SESAME. A draft budget will be prepared by the Director in accordance with the Financial Regulations of SESAME;

· review expenditures, and approve and publish annual accounts of SESAME;

· decide on the establishment of staff posts required;

· have any other such powers and perform any other such functions as may be necessary for the purposes of the Statutes;

4. The Council shall meet at least once a year in ordinary session, preferentially at the seat of SESAME. The cost for the participation in these meetings of the delegates nominated by the Members shall be covered by the authorities they represent. If this condition cannot be met, the President of the Council shall be informed and he shall try to find ways to achieve a full representation of all Members of Council. If delegates have difficulty to attend Council Meetings because of political or administrative problems, the President of the Council, UNESCO and the host government will take the necessary steps to ensure their free access to the Council Meetings.

5. Except where otherwise provided for by the Statutes and these Rules, decisions of the Council are taken by simple majority of the Members.

6. For the decisions of any matter in the Council, the presence of Delegates from more than half of the Members shall be necessary to constitute a quorum.

7. Observers may submit proposals for discussion at Council sessions, but shall not have the right to vote.

8. The Council shall elect a president and two vice-presidents who shall hold office for two years and they may be re-elected for one more term.

9. The Council shall establish subordinate bodies as may be necessary for the purposes of SESAME, specifically to advise the Council on the implementation of SESAME’s mission.

Article 3. Directorate and Staff

The composition, the procedure for nomination and the duties of the Directorate have been defined in Articles V and VI of the Statutes. Some additional rules are determined in the following sections.

1. The Director (similar in level to an Assistant Director-General of UNESCO) shall be elected by Council by a two-thirds majority vote which has to be formally ratified by the Director-General of UNESCO. The election of executive staff will also require a two-thirds majority of the Council.

These appointments are made for a fixed period of 4 years with the possibility of renewal for one more term. Exceptions to these rules will require a unanimous vote of the Council.

2. The Director shall be the Chief Executive Officer and the legal Representative of SESAME. His duties are defined in Article VI of the Statutes.

3. If the office of Director falls vacant in the interval between two sessions of the Council, an Interim Director shall be appointed for a period ending on the day of the closure of the next ordinary session of the Council. The Members of the Council shall elect this Interim Director by postal ballot. This appointment shall require a two-thirds majority vote of the Members of SESAME voting.

4. The Directorate shall be assisted by a number of scientific, technical, administrative and clerical staff as authorised by the Council on the recommendation of the Director. The legal status of the staff is determined in the Seat Agreement signed between Jordan and SESAME.

5. Staff shall be appointed and dismissed by the Director in accordance with the Staff Rules of SESAME which shall be modelled on the Staff Rules of UNESCO and which shall be approved by Council by a two-thirds majority of all the Members.

6. Council Members and Observers shall respect the international character of SESAME and, in particular, of the Directorate and of the Staff.

Article 4. Access to facilities

1. The approval of experiments, beam lines and instrumentation, as well as the allocation of beam time will be the responsibility of the Directorate, taking into account the advice of the Advisory Committees.

2. Subject to Article 4.1 above, scientists from Members in the relevant areas of research and training have free access to the SESAME facilities, including existing beam lines and instruments.

3. Scientists from Non-Members (including Observers) shall have access to the SESAME facilities under the following conditions:

(a) the proposed work must correspond to the objectives of SESAME as laid down in the Statutes, Article I;

(b) their participation must contribute to maintain or improve the intellectual, instrumental or teaching standards of the overall programme;

(c) the activities should be carried out preferentially in collaboration with scientists from Members;

(d) the resources (financial, in-kind or manpower) to be supplied should not only cover the needs of the experiment in question but should also provide an indirect contribution to the general operating cost.

Article 5.Financial and other Resources

1. The resources of SESAME shall consist of:

(a) direct contributions by Members of SESAME which shall partly be financial and could partly be secondment of staff or other contributions in-kind; details shall be specified in the Financial Regulations;

(b) additional resources as may be made available by UNESCO, Observers, other States and International Organizations, and from payments it receives for services rendered;

2. Voluntary contributions and legacies may be accepted and established as trust funds in accordance with the Financial Regulations. Gifts may also be accepted. Such contributions shall be allocated by SESAME for its programme of activities and the needs of the Centre.

3. The Financial Regulations mentioned above and subsequent amendments shall be worked out by the Council and shall require a two-thirds majority of the Members for approval.

Article 6. Relations with other Organizations

SESAME may co-operate with Specialised Agencies of the United Nations and other international organizations and national bodies whose interests and activities are related to its purpose, including signing Memoranda of Understanding on co-operation.

Article 7. Amendments

Any Amendments of these Rules shall have to be approved by the Council of SESAME with a two-thirds majority.

Article 8. Seat Agreement

1. SESAME, the Representatives of its Members and Observers and the Centre’s Staff shall enjoy, by virtue of an Agreement to be concluded between SESAME and Jordan, the State on the territory of which SESAME has its seat (“Host State”), the privileges and immunities which are necessary for the implementation of its mission.

2. This Seat Agreement shall also contain provisions for exemption of taxes and import and export fees for equipment owned by SESAME or groups using its facilities

3. Other Members of SESAME shall do everything in the spirit of good will to allow and facilitate transport of staff and material of SESAME and its users through their territories.

Article 9. Disputes

Any dispute concerning the application or interpretation of these Rules, if it is not settled amicably, shall be submitted to an arbitrator chosen by common agreement by the Parties involved. If they cannot agree on the choice of this arbitrator, the appointment shall be made by the President of the International Court of Justice at the request of the first Party to take action. The arbitrator's decision being final, the Parties shall renounce all right of appeal. The arbitrator shall determine the arbitration costs on the basis of the scale of charges established by the International Chamber of Commerce in similar cases. These arbitration costs may be divided between the Parties or charged to one of them. The arbitral award shall be final and not subject to appeal

Article 10. Withdrawal

If the Centre shall extend its operation after 31 December 2011, any Member or Observer of SESAME wishing to withdraw at any time after this shall do so by giving notice in writing to the President of the SESAME Council. The withdrawal shall take effect at the end of the next financial year following that in which the notice was given or at such later date proposed by the Member or the Observer. Any withdrawal shall be notified to the Director-General of UNESCO by the President of the SESAME Council.

Article 11. Dissolution

SESAME may be dissolved by a decision of the Council. The Council may so resolve only if a six months written notice setting out the grounds for the proposed dissolution has been sent to all Members. Any resolution to dissolve SESAME shall require a two-thirds decision by the Members present and voting, provided that the number of Members voting is more than one half of the Members of SESAME.

Article 12. Entry into force

These Rules shall enter into force after the Statutes have been signed by at least 6 Members.

Summary Report

The Opening Ceremony of the 7^th IC Meeting was conducted under the patronage of His Royal Higheness, Prince Ghazi Ben Mohammad who welcomed the participants to Jordan and stressed on the stable political climate prevalent in the country guaranteeing the successful realization of SESAME. His Excellence DrKhaled Toukan, Minister of Education, gave information on steps Jordan had taken to obtain support from the IAEA. He thanked H.R.H.Prince Ghazi Ben Mohammad for patronizing the meeting and for his continuous backing of the project. He also spoke on progress in the design of the building to host the facility and the need to ensure funding for upgrading the accelerator to higher energies and for constructing beam-lines. Professor Herwig Schopper, President of the Interim Council, gave an overview of progress of the SESAME project and developments with UNESCO since the 6^th meeting of the Interim Council. DrWalter Erdelen, Assistant Director-General for Natural Sciences at UNESCO, underlined the relevance of the SESAME project to recommendations of the World Conference on Science (Budapest, 1999) and the importance of the project for the region and its contribution to peace through science as advocated by the Organization’s Medium-Strategy for 2002-2007. MsNdeye Fall, Director of UNESCO’s Amman Office referred to women’s involvement in the project.

The business meeting started at 11.00. It was chaired by Professor Herwig Schopper. Professor Maciej Nalecz (Director of UNESCO’s Division of Basic and Engineering Sciences) was Secretary.

Delegations representing the following IC Members participated in the meeting: Cyprus, Egypt, Greece, Iran, Jordan, Morocco, Oman, Pakistan, Palestine Authority, and Turkey. The delegates of Israel, Professors Moshe Deutsch and Eliezer Rabinovici, excused themselves for security reasons which prevented them from participating in the Meeting at the very last minute. Their letter of 16 December 2001 explaining the reasons for their late cancellation in the meeting is attached in Annex4. The Israeli Academy of Sciences, however, confirmed their continuing interest in SESAME. Observers present were: France, Germany, Sudan, Sweden, U.K., and USA. Other participants included the Co-Chairs of the Scientific and Technical Committees and a representative of DG Europe Aid of the European Commission. The current composition of the IC is attached in Annex 5. The final list of participants in the 7^th IC meeting is attached in Annex 6.

1. The IC adopted the Draft Agenda of the 7^th Meeting with the slight modifications proposed by the President. The approved Agenda is attached in Annex 7.

2. The decisions of the 6^th meeting (SESAME/AMN/IC-01-16) were approved.

3. New Members and Observers: Pakistan, which was admitted as a full Member at the 6^th IC Meeting, was welcomed to the Meeting; Sudan was welcomed as an Observer. The IC Members approved the admittance of Bahrain and the United Arab Emirates as Members. The Ambassadors of Yemen and Tunisia have declared the interest of their countries to join SESAME. South Africa has expressed interest in SESAME and was to have sent a representative to the 7^th IC Meeting. The interest to join the project expressed by a number of Arab States was the result of efforts undertaken by Jordan during the 3 months which preceded the meeting.

In future, countries wishing to join the project should send a letter to UNESCO informing it of their intention to join, thereby respecting regulations on this issue. MissC. Formosa Gauci will contact each of the delegates to check which of their national authorities officially nominated them to the Interim Council.

4. Report of the Chairman

(a) Participants were informed that the 31^st Session of UNESCO’s General Conference (Autumn 2001) supported the proposed establishment of SESAME under the auspices of UNESCO and delegated to its Executive Board authority for further examining and approving the creation of such a Centre in Jordan, including approval of any necessary agreements, in the light of the full feasibility study to be submitted to it by the Director-General of UNESCO. This feasibility study will be submitted to the 164^th Session of UNESCO’s Executive Board in May 2002.

Participants in the meeting were informed that 3 documents need to be drafted for SESAME: its Statutes; its Rules of Procedure and a Seat Agreement with the Jordanian Authorities. These documents have to be prepared as part of the feasibility study of UNESCO and this meeting is the last opportunity to make major changes before the documents are put in the UNESCO procedure.

(b) After the final approval of SESAME by the Executive Board, the Members will have to sign the Statutes, thus committing themselves firmly to the project. In preparation of the discussions which certainly have to take place in the various Member governments, the Chairman outlined the different evolutionary periods of SESAME and made a proposal for the financial strategy. Details are given in Annex8.

5. Report on planning of accelerator building

The Technical Director showed a plan of the accelerator building and gave a progress report on the planning. Once the technical design is complete, there will be an international call for tenders for the construction of the building (possibly at the end of April or beginning of May 2002). Bidding will be international according to the law of Jordan. The contract for the building could be signed in August-September 2002. Sufficient water is available at the site and there is no need to dig a well. Electricity is also no problem as Jordan has a good electric grid system. Except for 300 meters where it is narrow, the road to the site is good. The road authorities have already done works on 4-5kms of the road and shortly works will be done on the remaining part which still needs improvement. Soil testing has been completed. The wish to have a guest house for users at the site was expressed. As yet, no provision has been made for this.

6. Report on upgrading SESAME

(a) Professor Herman Winnick, Co-Chair of the Scientific Committee reviewed the possible scientific programme of SESAME. He again stressed the wide field of possible researches and applications and strongly underlined the importance of hard x-rays for biological structural research which is strongly demanded by future users.

(b) The Technical Director reported that he considered it his duty to find the best technical solution for SESAME. He now sees two options:

i. increasing the energy of the stored electrons to 1 GeV with modification of the BESSY magnets and adding a demanding superconducting wiggler. This is the option considered in the Green Book;

ii. increasing the energy to 2 GeV which would make it possible to use the hard x-rays from the bending magnets. In this case, new bending magnets would be required. However, no sc wiggler is needed and the cost for the modification of the bending magnets can be saved. Hence, the cost of the two options is approximately the same.

After an extensive discussion, the IC agreed that option ii. should be studied in more detail and if no major difficulties are found it should be used for the further planning.

A lively exchange of views followed concerning the funding of beam-lines. The question as to whether all beam-lines should be financed by the users or whether at least one or two beams should be ‘public’ was raised. An effort should be made to find funds for ‘public’ beams, perhaps by using equipment from beams which is no longer needed in other laboratories.

(c) Comments were made on the letter of 12 December 2001 from the Bundesministerium für Bildung und Forschung indicating that the German Government would no longer be in a position to make BESSY I available to the project if the 7^th IC meeting did not demonstrate the commitment of the Members to SESAME and the securing of financing for the Centre. Since the Members reconfirmed their commitment at this meeting and expressed the intention to sign the Statutes, and considering that the definite establishment of SESAME is foreseen for the next meeting of the Executive Board, it was suggested that the German Government be asked to agree to the shipment of the BESSYI components to Jordan. This will result in a saving of storage costs. The Jordanian Government, in concertation with the German delegate, will initiate such a procedure. Some new offers are presently being negotiated for the shipment of BESSYI and it may be that one Member will cover most of the transportation cost.

7. Report on new committee structure and composition

The proposals of the Task Force for the restructuring of the SESAME Committees were presented by Professor Samar Hasnain and discussed. Three Committees were proposed. An International Technical Advisory Committee which will give input to the Technical Director during the design/upgrade/construction phase of the facility; a Programme and Project Promotion Committee which will develop a science programme for SESAME and promote the project among scientists/technologists of the region; and a Training Committee which will establish a training programme for different science and technical areas. It was proposed that each Committee have 10 members. Some participants felt that there was also need for external review committees which give independent scientific advice and do not take account of regional questions. However, it was recognized that too many committees will make decision-making difficult. Since committees should be advisory in function, one way of avoiding having too many would be by forming them and dissolving them according to needs at a given time. It was felt that members of the committees should belong to different disciplines and that there should be equitable geographical distribution. It was finally decided to set up 4 committees– see item 7 in the Section Decisions. The IC asked the President, the two Vice-Presidents, the Co-Chairs of the Scientific and Technical Committees and Professor Roushdy to prepare a proposal on members and chairs for these committees taking into account the proposals which had been made. When later in the meeting such a proposal was presented, it was not accepted. The main reason was that delegates attached great importance to the adequate regional distribution of the chairmen. It was decided that proposals for chairmen from the region should be sent to the President of the IC before 31 January 2002. He will discuss them with the Vice-Presidents and present a proposal to the delegates by e-mail.

8. Report on procedures for determining future contributions

The paper prepared by the Task Force set up to study the procedures for determing future contributions was presented by MrIacovou in the absence of MsPatroni and was discussed in length. To set a fixed contribution for each Member was judged to be unfair Various measurable indicators were examined. Among them GNP; size of population; fraction of people who hold a university degree weighted with GNP; research budgets; criteria used by UN/UNESCO;etc. The task force responsible for studying the procedures to determine future contributions will come up with a formula before the end of January 2002. After an extensive discussion, it was decided that the yearly contribution of Members should have a lower limit of US$50K and a higher limit of US$0.8 to 1 million. In between these two limits a formula should be used to calculate the contributions. The task force is asked to determine the parameters which should go into this formula which would also determine under what conditions a Member would meet the upper or lower limit. There may be a need for this task force to meet once. UNESCO will need this information for the feasibility study it is to prepare.

9. Formal steps for setting up of SESAME

(a) Statutes: This will be the main document as it will be the one which will officially set up SESAME. Members will sign it individually– the draft document foresees that it will come into force if signed by at least 6 Members. UNESCO will be the depository of these Statutes. In essence, the draft Statutes examined at the Meeting are the same as those discussed at the 6^th IC Meeting. As they will be difficult to change, it was agreed that they should be kept as short, flexible and precise as possible and that other information can be given in the Rules of Procedure, financial Rules, etc. which can be changed by the Council of SESAME. Moreover, since they should remain valid for a long period they should not contain details applicable in the short-term only. A number of changes were agreed to in the Meeting and are to be incorporated in the document which will go back to UNESCO before submission to its Executive Board.

Secrecy, security and intellectual property rights were issues which gave rise to lengthy discussions. The benefit intellectual property rights may produce for the development of a region was recognized However, notwithstanding this and although it was understood that industry will be less attracted if it has to publish, it was realized that SESAME will not fly unless there is openness both because of the region involved and because some countries would never accept research results being kept secret. Therefore, the last sentence in Article I.2 of the Statutes “The Council referred to in Article III shall adopt appropriate bylaws concerning intellectual property” shall be retained. However as a compromise, the words “and industrial interests” shall be added to the end of it.

Most Members voiced concern about the fact that the Statutes contain no information on the financial implications for countries of the operation of the centre. Without such data, they felt that many countries would not sign the Statutes. However, before knowing the precise operating costs and the number of countries which will join SESAME, it will be difficult to determine the magnitude of each of their contributions. Various possibilities to circumvent this difficult were considered, e.g.the Statutes could say that for financial matters another agreement must be signed every 2 years or so, or there could be another document for financial matters, for example a memorandum of understanding. Another suggestion was that a letter be attached to the Statutes describing the general scope of the project, pointing out the political, as well as the scientific and technological benefits it will offer and stating that the financial rules are being worked out. Alternatively, there could be a statement in the introductory part of the Statutes which indicates what the running costs are likely to be; this statement should also stipulate that the procedure on how to distribute these funds among each Member will be decided by the Council. In the end, it was decided that in an Annex to the Statutes the ‘magic formula’ which has been discussed in the preceding point8 should be given to set an upper limit for the commitments of SESAME Members. The question of financial implications for Observers was also discussed. Observers have no vote and have no real commitment to pay even though they will be able to use the facility. Therefore it was felt that any contributions from them should be on a voluntary basis rather than on a fee criterion.

(b) Rules of Procedure: This is an internal document of SESAME which may be changed by its Council. A number of changes were agreed upon and have been incorporated in the modified version.

(c) Seat Agreement: This Agreement will be drawn up between SESAME, once it is established, and the Jordanian Authorities. There was not sufficient time to complete work on the document before the meeting. Hence, the copy tabled at the meeting was a very preliminary draft which was circulated for the sole purpose of reflection. Notwithstanding this, it was immediately agreed that the Seat Agreement should specify that the voluntary contributions and legacies referred to in Article 5.2 of the Rules of Procedure are exempt from taxation.

10. Fund raising

(a) European Commission: The representative of the European Commission (EC) indicated that the Commission has already been asked to provide 6 million Euros for the project and that SESAME fits well in projects which bring a region together in an activity. Hence, should a favourable decision be given, the EC will fund SESAME as a regional project and there will be a direct contract with SESAME for the provision of funds. However, before a decision can be taken, there is first need to carry out a technical and economical feasibility study on the project. DG Europe Aid is to be responsible for the study. The EC hopes to appoint a panel of experts for the study in early 2002. The panel will consist of approximately 4-5 persons who will not just be scientists. The feasibility study will probably start at the beginning of February. It will take about 4-6 weeks to complete after which the Commission will prepare its financial proposal. This proposal will be examined by a Committee of Member States which meets every month. Documents for such meetings have to be ready 2-3 months ahead of the meetings. The whole exercise should be completed by the middle of 2002. The cost of the study will be in the region of 100K Euros. The representative of the European Commission pointed out that had the EC already decided to give a negative response, it would not engage such funds on a study. The terms of reference of the study have not yet been set. They will be done with the help of DG Research. One very important question in the study will be whether each Member is able to provide a sustained concrete assurance at ministerial level that funds will be available to run the project so that the Commission is not put in a position where it has to continue providing funds. The political climate in the region will also play an important part in the overall decision. In 2001, the EU gave great emphasis to regional projects whilst in 2002 it gave greater support to national ones. 100 million Euros were made available for regional projects in 2002 but most of these funds are already obligated. Moreover, projects to receive funding from the Commission during 2003-04 have been more or less identified.

(b) IAEA: The Jordanian delegates indicated that at the General Conference of IAEA a memo was circulated to Member States calling for their support for SESAME in the fiscal year 2002. At the same time, Jordan submitted a request for technical assistance to the IAEA. This request was submitted as a national request but the project was referred to as a regional one. The proposal was sent late (end of October/early November 2001) and can therefore only be examined for 2003-04. The Technical Committee will resubmit the proposal to the Board of Governors in March 2002. The proposal must be supported by national authorities responsible for relations with the IAEA. Egypt and Turkey agreed to support it. It would be important to also try and involve France, Germany and the U.S. in this exercise.

11. Financial matters

(a) 2001 Budget: The expenditures for 2001 were approved. Mention was made of the countries which had not yet paid their contribution of US$50K for 2001. The delegate of Morocco said that his Ministry of Foreign Affairs will be sending his country’s dues in January or February 2002. The delegate of Egypt indicated that his country was having difficulty in making its contribution in the absence of a formal structure for SESAME. Since it is now clear that the Statutes of SESAME will not be signed for sometime, Egypt will try to make a one-time contribution of US$50K. The President of the Interim Council urged those Members which had not yet paid their contribution for 2001 to do so and suggested that those which were having difficulties because SESAME did not yet have a formal structure, make payment in the form of a special contribution. Indeed, some Member had found ways how to transfer their contribution to UNESCO without having a formal contract.

(b) 2002 Budget: A table giving the funds which will still be available for 2002 (US$301,570) was examined. Tentative expected expenditures for the project in 2002 amount to approximately US$430K. This includes the cost of transporting BESSYI to Jordan, 2 meetings of the Interim Council (Spring and Autumn 2002), 1 meeting of the Technical Committee for the up-grading of the machine, 1 meeting of the Scientific Committee, the training of scientists and engineers needed for the project and staff. Funds for all these activities will be obligated by UNESCO. A definite budget for 2002 will be worked out by the Secretary of the IC in cooperation with the President when the requests for 2002 are known in more detail.

12. AOB

(a) SESAME Workshops and trainees: There was a short exposé on the Turkish workshop which was attended by 25 people and gave rise to the Cyprus workshop and another on the number of scientists trained for the SESAME project with an indication of the host institutions where they received this training. An outline was given of the Workshop on Structural Molecular Biology and Materials Science to be organized at University Hassan II of Casablanca (4-7/09/02) and the June 2002 course on bioinformatics also to be organized in Morocco. One participant suggested that the workshop should either be on structural biology or materials science. Pakistan would like to organize a workshop. Jordan is also willing to do so in 2002. Japan is prepared to provide funds for a joint Japanese-Jordanian workshop. Contacts between Professor Khubeis and Japan have already been established for this. The meeting was reminded that if workshops are organized under the umbrella of SESAME, their outcome should be the creation of user groups and beam-line groups. Moreover, they should be approved by the Scientific Committee and not by the Interim Council and funds should be sought elsewhere than from SESAME’s budget.

(b) The delegate from the U.K. indicated that his laboratory was ready to host 2 trainees for the SESAME project.

(c) Ground-breaking ceremony: The ground-breaking ceremony will take place once there is a firm commitment of funding from the European Commission and/or the IAEA. It is presently planned for Autumn 2002.

(d) Jordan has formed a National Committee for the SESAME Project, namely the National Advisory Council for the SESAME Project (NACSP). It consists of 40 Jordanian Ph.D. scientists and is headed by an Executive Committee of 10 people. It serves to give recommendations to Jordan’s representatives on the various committees of SESAME.

(e) Attention was drawn to the XIX Congress of the International Union of Crystallography (IUCr) being organized by the Academy of Sciences of Israel (Geneva, Switzerland, 6-18 August 2002) for which a certain number of travel grants are being awarded to scientists from developing countries.

13. The next meeting of the IC will take place in Morocco. It should take place after the meeting of UNESCO’s Executive Board. The date should preferably be in June 2002. The delegate from Morocco will make a proposal after consultation with the local UNESCO Office.