Legal Status of IOFS

Pursuant to Article 22 of the Organization of Islamic Cooperation Charter (OIC), it may establish Subsidiary Organs, Specialized Institutions and grant affiliated status after the approval of the Council of Foreign Ministers (CFM).

Resolution No. 3/39-E on the establishment of the 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 (IOFS) was adopted by the 40th Council of Foreign Ministers, held in Conakry, Republic of Guinea on 9-11 December 2013.

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

Member states of IOFS

Currently, the IOFS has fifteen (15) full-fledged (ratified) Member States as Afghanistan, United Arab States, Bangladesh, Burkina Faso, Gambia, Palestine, Qatar, Kazakhstan, Kuwait, Mali, Egypt, Niger and Kingdom of Saudi Arabia and 34 states that signed the IOFS Statute. Every member state of the OIC may become a member of the IOFS upon signage of the Statute and completion of legal formalities of the membership in accordance with its national legislation and informing the IOFS in written form.

Legal Capacity of IOFS

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

Organs of IOFS

GENERAL ASSEMBLY

EXECUTIVE BOARD

SECRETARIAT

Recognition of IOFS in Jurisdiction of Kazakhstan

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.

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 immediately, unless the international treaty implies that its application requires enactment of the law.

Pursuant to clause 6 Article 1 of the Law on International Treaties № 54-III an international treaty of the Republic of Kazakhstan implies an international agreement concluded by the Republic of Kazakhstan with a foreign state/states or international organization/organizations in written form governed by international law.

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

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

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

Legal Status of IFPA

International IFPA is a fully owned subsidiary of IOFS and has been established as a non-profit organisation at the Astana International Financial Centre (AIFC) which is an English common law-based jurisdiction.

The International IFPA Board

The International IFPA Board constitutes the Founding Member (IOFS) represented by the Chair who is the IOFS Director General. Two internal key bodies enable IFPA’s key stakeholder engagement and advisory support: 1) Executive Council: This body will enable strategic OIC/UN institutional support and will be a non-voting body. Its structure constitutes 9 members led by Honorary President and Chairperson (DG of IOFS). Its members will include key DGs of OIC bodies and observer membership of other similar status officials; 2) Advisory Board: This body will enable industry advisory and engagement and will also be a non-voting body. Its structure constitutes 9 members led by Chairperson (DG-CEO of IFPA). Its members will include Regional Food Industry Association heads, IOFS, CEOs of ICD, ITFC, ICEIC, IsDB and leading Islamic financial institutions, influential and successful agri-food entrepreneurs, and other similar level decision makers.