040.1245.280802 "RATIFIED" BY R. KOCHARYAN, PRESIDENT OF THE REPUBLIC OF ARMENIA 28 August 2002 GOVERNMENT OF THE REPUBLIC OF ARMENIA DECISION N 1245-N of 1 August 2002 ON ESTABLISHING THE "STAFF OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF ARMENIA" STATE ADMINISTRATION INSTITUTION, APPROVING THE STATUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF ARMENIA AND THE STRUCTURE OF THE STAFF In accordance with the Laws of the Republic of Armenia "On diplomatic service" and "On state administration institutions", the Government of the Republic of Armenia hereby decides to: 1. Establish the "Staff of the Ministry of Foreign Affairs of the Republic of Armenia" State Administration Institution. 2. Approve: (a) the Statute of the Ministry of Foreign Affairs of the Republic of Armenia, pursuant to Annex N 1; (b) the structure of the Ministry of Foreign Affairs of the Republic of Armenia, pursuant to Annex N 2; (c) the composition and size of the property to be handed over to the Staff of the Ministry of Foreign Affairs of the Republic of Armenia, pursuant to Annex N 3. SIGNED BY THE PRIME MINISTER OF THE REPUBLIC OF ARMENIA ON 23 AUGUST 2002
Annex N 1 to the Decision of the Government of the Republic of Armenia N 1245-N of 1 August 2002 STATUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF ARMENIA I. GENERAL PROVISIONS 1. The Ministry of Foreign Affairs of the Republic of Armenia is a republican body of the executive power which, under the general guidance of the President of the Republic of Armenia, shall develop and implement the policy of the Government of the Republic of Armenia in the sphere of foreign affairs, as well as organize and administer the diplomatic service within the powers vested thereon. (point 1 amended by the Decision No 1640-N of 11 November 2004) 2. The Ministry shall be established, re-organized, and the activities thereof shall be terminated by the Decree of the President of the Republic of Armenia. 3. The powers of the Ministry shall be defined by the international treaties, laws of the Republic of Armenia, Decrees, Executive Orders of the President of the Republic of Armenia and Decisions of the Government of the Republic of Armenia. 4. The Ministry shall carry out its activities guided by the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, Law of the Republic of Armenia "On diplomatic service", universally recognized norms of international law, this Statute and other legal acts. 5. The Ministry shall have a round seal bearing the representation of the Coat of Arms of the Republic of Armenia and with the inscription of its title in Armenian and any other language, letterheads, a symbol, a stamp and other means of identification. 6. The Ministry shall be composed of the Minister and the Staff of the Ministry. The system of the Ministry shall comprise: the staff of the Ministry, separated subdivisions of the Staff, structural subdivisions functioning in foreign states (bodies of diplomatic service functioning in a foreign state):
Embassies of the Republic of Armenia; permanent representations of the Republic of Armenia in international organizations, except for the representatives and representations of the Republic of Armenia in specialized international organizations; consular offices of the Republic of Armenia. State non commercial organizations and institutions reserved to the jurisdiction of the Ministry shall be included into the system of the Ministry. (point 6 amended by the Decisions No 1640-N of 11 November 2004, No 567-N of 22 May 2008, No 1264-N 6 November 2008) 7. The objectives and tasks of the Ministry shall be: (a) participating in developing the concept and the directions of the foreign policy of the Republic of Armenia, submitting relevant recommendations to the President of the Republic of Armenia and the Government of the Republic of Armenia and carrying out the foreign policy of the Republic of Armenia; (b) properly and consistently representing the interests and rights of the Republic of Armenia in international relations; (c) protection of the rights and lawful interests of the citizens and legal persons of the Republic of Armenia; (d) carrying out diplomatic and (or) consular relations with foreign states and international organizations; (e) submitting relevant recommendations to the President of the Republic of Armenia and the Government of the Republic of Armenia, based on the study of the political and economic situation, foreign and internal policy of foreign states, and activities of international organizations; (f) enhancing the role of the Republic of Armenia in settlement of global and regional issues; (g) coordinating relations with the Armenian diaspora together with a state authorized body; (h) ensuring the state protocol of the Republic of Armenia; (i) providing state authorities with information necessary for implementation of foreign and internal policy. (point 7 amended by the Decision No 1264-N of 6 November 2008)
II. FUNCTIONS OF THE MINISTRY 8. For the purpose of realizing its objectives and tasks, the Ministry shall carry out the following functions: (a) Representing the Republic of Armenia in the relations with foreign states and international organizations; (b) implementing the international foreign policy strategy of the Republic of Armenia; (c) coordinating the activities of the republican and territorial bodies of the executive authority in the field of international relations and links; (d) carrying out the functions reserved to the Ministry by the Law of the Republic of Armenia "On the international treaties of the Republic of Armenia", in particular: arranging the functions related to the conclusion of the international treaties of the Republic of Armenia and coordinating the activities of other bodies of executive authority in this field, maintaining the unified register for state registration of the international treaties of the Republic of Armenia, submitting the international treaties of the Republic of Armenia, entered into force, for registration, submitting the international treaties of the Republic of Armenia, entered into force, for publication, carrying out the function of a depository of the international treaties concluded by the Republic of Armenia, carrying out general supervision over implementation of the international treaties of the Republic of Armenia and, where necessary, submitting relevant recommendations to the President of the Republic of Armenia, Government of the Republic of Armenia and Prime-Minister of the Republic of Armenia; (e) ensuring the activities and participation of the Republic of Armenia in international organizations, conferences, consultations and other forums, (f) supporting the dissemination of official information in foreign states on the foreign and internal policy, social and economic, cultural and spiritual life of the Republic of Armenia; (g) elucidating the main issues related to the foreign policy of the Republic of Armenia; (h) preparing recommendations with regard to enhancing the legislation of the Republic of Armenia in the field of international relations and to ensuring the compliance of the legislation of the Republic of Armenia with international obligations of the Republic of Armenia;
(i) carrying out general supervision over performance of international obligations of the Republic of Armenia; (j) maintaining official links with diplomatic representations of foreign states and international organizations accredited in the Republic of Armenia, as well as providing support to their activities; (k) carrying out protection of the rights and legal interests of citizens and legal persons of the Republic of Armenia in foreign states; (l) carrying out consular activities in accordance with the laws, international treaties and other legal acts of the Republic of Armenia; (m) carrying out dispatch and receiving of diplomatic and consular bags; (n) providing support to the departure abroad of high ranking officials and official delegations of the Republic of Armenia, and to the visits of high ranking officials and official delegations of foreign states and international organizations to the Republic of Armenia, and, where necessary, organizing such departures and visits; (o) carrying out publication of collections, information leaflets and periodicals, as prescribed by the legislation of the Republic of Armenia; (p) organizing and participating in the works of seminars and meetings, as well as international consultations, symposiums and other forums in the field of foreign policy; (q) arranging the works on preparation and training of diplomatic personnel of the Republic of Armenia, enhancement of professional qualification of the employees of the Ministry, performing attestation, carrying out the works on selection and distribution of employees and those holding leading positions; (r) cooperation with other state administrative bodies, where necessary, organization of joint meetings and creation of working groups and commissions, issuance of joint orders; (s) generalizing the practice of applying legal acts in the field of the activities of the Ministry, ensuring the elaboration of draft legal acts relating to the foreign policy and the submission thereof, in the prescribed manner, to the Government of the Republic of Armenia; (t) organizing timely processing of letters (requests, complaints) from citizens and legal persons, ensuring just and fair solution of the issues raised therein, as well as undertaking measures towards elimination of shortcomings in the activities of the Ministry;
(u) introducing relevant administrative statistical reports (questionnaires, statements of information, etc.) as prescribed by laws and other legal acts, and maintaining administrative statistical registers, based on the data and information collected through such reports; (v) carrying out other functions within the scope of powers vested on it by the legislation of the Republic of Armenia. III. MANAGEMENT OF THE MINISTRY 9. The Ministry shall be managed by the Minister of Foreign Affairs of the Republic of Armenia (hereinafter referred to as the Minister), who shall be appointed and removed from office by the President of the Republic of Armenia, upon the recommendation of the Prime Minister of the Republic of Armenia. The Minister shall have deputies who shall be appointed and removed from office by the President of the Republic of Armenia upon the recommendation of the Prime Minister of the Republic of Armenia. When carrying out his or her activities, the Minister shall be guided by the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, laws of the Republic of Armenia, this Statute and other legal acts. 10. The Minister shall carry out the tasks and functions reserved to the Ministry and shall be responsible for policy development and implementation in the authorized fields, for current situation and for ensuring its perspective development. 11. The Minister shall report to the President of the Republic of Armenia, the Government of the Republic of Armenia and the Prime Minister of the Republic of Armenia. 12. The Minister shall: (a) within his or her competencies, adopt and, as prescribed by law, publish inter-agency legal acts; (b) manage the current activities of the Ministry and bear responsibility for carrying out the tasks and functions set for the Ministry; (c) submit recommendations to the Government of the Republic of Armenia in compliance with the objectives and tasks with respect to areas of activities provided for by law, other legal acts and this Statute; (d) within his or her competences issue orders and give instructions, act on behalf of the Republic of Armenia or the Ministry without an authorization, as well as issue authorizations for acting on behalf of the Republic of Armenia or the Ministry, including authorizations with the power of reauthorization;
(e) define the division of labour between deputy ministers, determine the scope of competences of structural subdivisions of the staff of the Ministry; (f) appoint to and remove from office his or her advisors, the press secretary and assistants, as well as appoint to and remove from the posts of diplomatic service; (g) approve the staff lists and job descriptions of the bodies of diplomatic service, the structure of diplomatic representations and consular offices of the Republic of Armenia in foreign states, of permanent representations of the Republic of Armenia in international organizations, the statutes of structural subdivisions of the staff of the Ministry; (h) suspend or repeal orders, directives, assignments, executive orders, instructions contradicting to the legislation of the Republic of Armenia, issued by the Secretary General, heads of the bodies of diplomatic service within the system of the Ministry; (i) shall hear and submit the annual report on the activities of the staff of the Ministry and the annual balance sheet to the Government of the Republic of Armenia for approval, shall review the findings of inspection of the activities thereof, shall approve and discharge the estimate of the annual maintenance expenses of the staff of the Ministry, as well as approve the results of audit of authenticity of financial statements; (j) exercise supervision over the maintenance and alienation of state property attached or handed over to the staff of the Ministry; (k) submit the Statute and the structure of the Ministry to the Government of the Republic of Armenia for approval; (l) submit the number of employees of the Ministry to the Prime Minister of the Republic of Armenia for approval; (m) come up with statements and communications regarding the foreign policy and international position of the Republic of Armenia; (n) hold negotiations and sign the international treaties of the Republic of Armenia; (o) administer the works of the embassies of the Republic of Armenia in foreign states and permanent representations of the Republic of Armenia in international organizations; (p) approve by his or her signature letters of accreditation, letters of recall signed by the President of the Republic of Armenia of the ambassadors of the Republic of Armenia in foreign states, of the representatives
of the Republic of Armenia in international organizations, instruments of ratification and declarations of international treaties; (q) appoint to and remove from office charges d'affaires at diplomatic representations of the Republic of Armenia; (r) appoint consuls and honorary consuls in foreign states and issue them consular patents; (s) confer and withdraw diplomatic ranks based on the conclusion of the competition and attestation commission of the Ministry; (t) appoint to and remove from office, in the manner prescribed by legislation of the Republic of Armenia, a diplomatic officer in the bodies of diplomatic service functioning in foreign states; (u) approve the composition and the rules of procedure of the competition and attestation commission, as well as the disciplinary rules of the Ministry; (v) submit recommendations regarding the formation and composition of the delegations of the ministries participating in international conferences, consultations dedicated to issues relating to foreign relations; (w) apply incentive measures and bring to disciplinary liability, in the prescribed manner, the employees of the staff of the Ministry; (x) establish consultative bodies (including a collegium); (y) carry out other powers prescribed by law and other legal acts. (point 12 amended by the Decisions No 1640-N of 11 November 2004, No 567-N of 22 May 2008, No 1264-N 6 November 2008) 13. In the absence of the Minister, the obligations of the Minister shall, upon his or her assignment, be performed by one of the deputy ministers. 14. The Deputy Minister shall: (a) coordinate, supervise and implement certain directions of the activities of foreign policy; (b) participate in the development of directions and concepts of foreign policy of the Republic of Armenia; (c) within the framework of the distributed obligations defined by the Minister, supervise and coordinate the works of relevant departments of the staff of the Ministry and diplomatic representations and consular offices;
(d) prepare the issues to be discussed with the Minister and participate in their discussions; (e) cooperate, within his or her powers, with state administration and other bodies, organizations and institutions; (f) periodically provide information to the Minister on the current situation in the fields coordinated by him or her; (g) ensure supervision over the implementation of the orders and instructions of the Minister in the fields coordinated thereby and communicate the results to the Minister; (h) perform other assignments issued by the Minister. 15. The Ministers shall have advisors, assistants, a press secretary, and the division of labour between them shall be defined by the Minister. 15.1. A Collegium shall be established adjunct to the Minister for the purpose of effective performance of tasks and functions set for the Ministry. The Collegium adjunct to the Minister shall: (1) support strategic planning of the activities of the Ministry, adoption of political decisions, development of action plans; (2) promote to the implementation, assessment of strategic programmes and, where necessary, to the participation of civil society in such processes; (3) develop and submit recommendations on enhancing the effectiveness of the management of the Ministry. (point 15.1 amended by the Decision No 10-N of 8 January 2009) IV. STAFF OF THE MINISTRY 16. The objective and task of the staff of the Ministry, and the "State Protocol Service" Agency shall be the complete and effective performance of the objectives and tasks empowered by laws, other legal acts and this Statute, as well as ensuring the participation of the Ministry in civil law relations. (point 16 amended by Decision No 567-N of 22 May 2008)
17. The staff of the Ministry is an organization without a status of legal person, which, according to the legislation of the Republic of Armenia, shall, as a state administration body, be subject to registration by the authority carrying out state registration of legal persons. 18. The staff of the Ministry shall function based on the international treaties of the Republic of Armenia, Civil Code of the Republic of Armenia, Laws of the Republic of Armenia "On diplomatic service" and "On state administration bodies", and other legal acts and this Statute: 19. The staff of the Ministry shall, within the scope of its competence, acquire and carry out property and personal non-property rights, bear responsibilities, act as plaintiff or defendant in court, on behalf of the Republic of Armenia. 20. The staff of the Ministry shall have a round seal bearing the representation of the Coat of Arms of the Republic of Armenia and with the inscription of its title in Armenian. The staff of the Ministry may have letterheads, a symbol, a stamp and other means of identification. 21. The staff of the Ministry shall have a separate balance. 22. The staff of the Ministry shall have the right to carry out activities aimed at the complete and effective performance of the powers reserved to the Ministry, as well as at ensuring the participation thereof in civil law relations. 23. The staff of the Ministry may not engage in entrepreneurial activities. Only state duty, in the amount and manner prescribed by law, may be levied for the functions performed and services delivered by the staff of the Ministry. 24. The staff of the Ministry shall carry out its financial operations through the treasury system. Procurements for the maintenance needs of the staff of the Ministry, as well as the procurements with the framework of budgetary programmes reserved to the jurisdiction of the Ministry, shall be made in the manner envisaged by the Law of the Republic of Armenia "On procurements". 25. The responsibility for the obligations of the staff of the Ministry shall rest with the Republic of Armenia. 26. The title of the staff of the Ministry shall be "Staff of the Ministry of Foreign Affairs of the Republic of Armenia". 27. The address of the seat of the staff of the Ministry shall be Government House 2, Republic Square, Yerevan, Republic of Armenia.
V. PROPERTY OF THE STAFF OF THE MINISTRY 28. The property of the staff of the Ministry, which shall be entered in its balance sheet, shall be formed, in the prescribed manner, by the Government of the Republic of Armenia, as well as of the property (including property rights) acquired by the Government of the Republic of Armenia or by the staff of the Ministry through transactions entered into on behalf of the Republic of Armenia and assigned to the possession, disposition and use of the staff of the Ministry. Upon the decision of the Government of the Republic of Armenia, the staff of the Ministry may be reserved a right of holding government stocks or shares. 29. The Government of the Republic of Armenia shall have the right to take possession of the property of the staff of the Ministry any time. 30. The staff of the Ministry shall have the right to use, dispose of and possess its property in compliance with its activity goals and with the property s intended purpose in cases and by the procedure defined by law, other legal acts and its statute. VI. STRUCTURE OF THE STAFF OF THE MINISTRY 31. The structure of the staff of the Ministry shall comprise its structural subdivisions (departments, divisions, and secretariat) and separated subdivisions. 32. Structural subdivision of the staff of the Ministry shall have a status of department if it includes in its internal structure at least two non independent divisions. Head of the department shall manage the department. 33. Head of division shall manage the structural subdivision having the status of an independent division of the staff of the Ministry. 34. Relations with regard to the service of the employees holding posts of diplomatic service of the structural subdivisions of the staff of the Ministry shall be regulated by the Law of the Republic of Armenia "On diplomatic service". Relations with regard to the service of the employees deemed civil servants of the structural subdivisions of the staff of the Ministry shall be regulated by the Law of the Republic of Armenia "On civil service". Employment relations of the employees not deemed diplomats or civil servants shall be regulated in accordance with the labour legislation of the Republic of Armenia. 35. The Minister shall approve the statute of structural subdivisions of the staff of the Ministry.
36. The Government of the Republic of Armenia shall approve, upon submission of the Ministry, the statute of separated subdivisions of the staff of the Ministry. 37. Separated subdivision of the staff of the Ministry shall be the body providing services envisaged by the legislation of the Republic of Armenia. 38. Separated subdivision of the staff of the Ministry shall carry out separate functions of the staff or the part thereof, and shall act on behalf of the Republic of Armenia. 39. Separated subdivision of the staff of the Ministry shall, within its powers, acquire and carry out property and personal non-property rights, bear other responsibilities, act as plaintiff or defendant in court, on behalf of the Republic of Armenia. 40. Separated subdivision of the staff of the Ministry shall have a round seal bearing the representation of the Coat of Arms of the Republic of Armenia and with the inscription of its title in Armenian and any other language, letterheads, a symbol and other means of identification. VII. MANAGEMENT OF THE STAFF OF THE MINISTRY 41. The management of the staff of the Ministry shall be carried out by the Government of the Republic of Armenia and the Minister within the scope of competences reserved to them by law and this Statute. The staff of the Ministry shall be headed by the Secretary General. 42. The Government of the Republic of Armenia shall: (a) reorganize and terminate the activities of the staff of the Ministry; (b) approve the statute of the staff of the Ministry; (c) determine the composition and size of the property provided to the staff of the Ministry; (d) approve the structure of the staff of the Ministry; (e) shall exercise other authorities reserved to it by the Constitution and laws of the Republic of Armenia. 43. Position of the Secretary General is a higher position of diplomatic service. 44. Secretary General shall be appointed by the executive order of the President of the Republic of Armenia, upon recommendation of the Minister, and shall head the diplomatic service.
45. Secretary General is the Head of the Staff of the Ministry and shall ensure the continuity of diplomatic service. Secretary General shall, within the authorities reserved to it by law, other legal acts, decisions of the Government of the Republic of Armenia and of the Minister, and this Statute, manage the current administrative activities and bear liability for failure to fulfill or for improper fulfillment of requirements of laws, other legal acts, decisions of the Government of the Republic of Armenia and of the Minister. (point 45 amended by the Decision No 1640-N of 11 November 2008) 46. Secretary General shall: (a) submit the orders, assignments and executive orders of the Minister to the Minister for signature; (b) organize the delivery of the orders and assignments of the Minister to subdivisions of the staff and bodies of diplomatic service; (c) organize the meetings (including the collegium) of consultative bodies established within the Ministry, the consultations of working groups established within the Ministry, the maintenance and formulation of the minutes thereof; (d) participate in the consultations and discussions held with the Minister; (e) ensure the performance of functions related to the management of the staff, by the legislation and other legal acts of the Republic of Armenia, coordinate the work of commissions for the competitions for filling the position of diplomatic service, for the attestation of diplomats, for competition and attestation, appoint to and remove from office, within his/her authorities provided for by law and this Statute, civil servants of the staff of the Ministry and other employees, shall apply incentive measures and impose disciplinary sanctions on them; (f) by the procedure defined by law, other legal acts, by the Government of the Republic of Armenia and this Statute, dispose of the state property, including financial resources, attached to the staff of the Ministry; (g) organize the works for preparing the works on draft State budget of the Republic of Armenia with regard to the staff of the Ministry and bodies of diplomatic service functioning in foreign states, and ensure the execution of budget expenditures; (h) ensure, within it powers, the link with relevant officials of other state administration bodies; (i) within its powers, enter into financial transactions, without authorization; (j) submit the annual financial and administrative accounts and the annual balance sheet ( including maintenance of book-keeping of the staff of the Ministry, preparation and submission of financial statements)
of the staff of the Ministry to the Minister for approval; submit to the Minister for approval the estimate of the annual maintenance expenses of the staff of the Ministry, the performance thereof; take measures aimed at elimination of financial infractions revealed by controls; (k) present to the Minister recommendations on main directions of activities of the staff of the Ministry; (l) (subpoint (l) of point 46 shall be repealed by No 791-N of 12 July 2007); (m) organize reception of citizens by the Minister; (n) organize office work of the Ministry; (o) organize the technical maintenance of the activities of the Ministry, through the human resources department; (p) exercise other powers envisaged by law, other legal acts and this Statute; (point 46 amended by the Decisions No 1640-N of 11 November 2004, No 791-N of 12 July 2007). 47. Chief financier of the staff of the Ministry shall manage the financial and accounting services of the staff of the Ministry, shall act under direct supervision of the General Secretary and carry out other authorities reserved thereto by the Law of the Republic of Armenia "On treasury system". 48. The chief financier of the staff of the Ministry shall be responsible for the maintenance of book-keeping and timely preparation of financial, budgetary, tax, statistical and mandatory payments reports of the staff of the Ministry. VIII. BOOK-KEEPING AND REPORTS 49. The staff of the Ministry shall, by the procedure defined by the legislation of the Republic of Armenia, maintain book-keeping and shall submit financial, tax, customs, mandatory payments and statistical reports, estimations and declarations to relevant authorities. 50. The authenticity of annual financial reports on activities of the staff of the Ministry may be subject to auditing by the procedure defined by the Government of the Republic of Armenia.
IX. REORGANIZATION AND TERMINATION OF ACTIVITIES OF THE STAFF OF THE MINISTRY 51. Procedure and terms for the reorganization and termination of activities of the staff of the Ministry shall be defined by law.
Annex N 2 to the Decision of the Government of the Republic of Armenia N 1245-N of 1 August 2002 STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF ARMENIA I. Structural subdivisions European Department Department of the Americas Middle East Department CIS Department Asia-Pacific and Africa Department Policy Planning Department International Organizations Department Consular Department Arms Control and International Security Department Bilateral and multilateral economic cooperation department Legal Department Department of Press, Information and Public Relations Human Resources Department Finance Department Neighbouring Countries Department Department of Culture and Humanitarian Cooperation
Secretariat Administrative Affairs Department Diaspora Division Internal Audit Department II. Separated subdivisions "State Protocol Service" Agency (Structure amended by Decisions No 1771-N, No 791-N of 12 July 2007, No 567-N of 22 May 2008, No 1264- N of 6 November 2008, No 144-N of 18 February 2010, No 508-N of 26 April 2012)
Annex N 3 to the Decision of the Government of the Republic of Armenia N 1245-N of 1 August 2002 COMPOSITION AND SIZE OF THE PROPERTY TO BE HANDED OVER TO THE STAFF OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF ARMENIA ----------------------------------------- IRTEK - Annex N 3 is not presented.