Charter of International Mining Alliance (IMA)
Chapter 1 General Provisions
Name of the Alliance is International Mining Alliance, IMA in short.
Approved the U.S. Government, supported by the US government, well-known mining companies, financial consortiums and mining associations, IMA is co-sponsored by a number of institutions to develop the mineral cause in the area of finance, laws, exploration, mining, ore processing, smelting, equipment manufacturing, mining services, mining education, mining venture capital for all mining scientific research institutions, enterprises and public institutions to join voluntarily on the basis of equality and mutual benefits and carry out international mining multilateral cooperation on the basis of IMA in the long-term to create an innovative community of interests, which shall bring greater interests to the mining industry on the platform of IMA and enhance the international status for the mining industry.
Service tenet of IMA is to link the global mining industry and be united to achieve equality, mutual benefits, information sharing, exchange and cooperation of the global mining industry, to protect the legal rights of the global mining industry, to promote the sustainable development of global mining industry, and to enhance the international status and anti-risk capability of the mining industry.
Established on the basis of complete equality and mutual benefit, IMA complies with international cooperation guidelines and relevant policies, laws, regulations of various countries, safeguards the economic prosperity of all countries, promotes the development of mining economy in various countries, and makes each member consciously become an outstanding member of IMA.
IMA is headquartered in the United States and accepts the U.S. Government's management and guidance.
Members of IMA shall make their own decisions regarding their operations and bear the civil liability independently.
Chapter 2 Services Scope of International Mining Alliance
Article 7 Services Scope of International Mining Alliance
1. Organize mining technology research cooperation, key products, and equipment R & D.
2. Organize mineral rights information exchange, trade and cooperation so that the resources can be shared.
3. Provide investment and financing for projects and mineral rights of IMA enterprises.
4. Establish the network communication and information exchange for IMA members.
5. Organize or unite IMA members together to develop large mining projects.
6. Establish industry, academia, research interaction mechanisms among companies, schools, research institutes for IMA members and push IMA members to move to a higher level.
7. Organize all levels of innovative personnel training projects for IMA members.
8. Organize joint venture and cooperation between the financial institutions and provide industry consolidation, listing and financing for IMA members.
9. Carry out international mining cooperation and exchanges, organize IMA members to hold or participate in domestic and international mining exhibition, and foster and promote the influence and share of IMA mining products in the domestic and foreign markets.
10. Organize and carry out fellowship and public activities for IMA members.
11. Provide legal assistance and legal services for the IMA members.
12. Provide mineral rights handling and management services for IMA enterprises to invest in mineral resources in their countries.
Chapter 3 Joining, Modification, Withdrawal and Removal
International Mining Alliance absorbs mining industrial enterprises, service enterprises, financial enterprises, financial institutions, public institutions, and industry associations as the members, who shall enjoy the rights and assume obligations of IMA members.
Article 9 Anyone Applying for Joining theAllianceMust Meet the Following Requirements:
1. Legal companies approved by relevant departments of the country and organizations and enterprises and public institutions engaged in related mining industries research, production, sales, services, and education.
2. Recognize and support International Mining Alliance Constitution.
3. Have a certain degree of representativeness and influence in the mining industry.
4. Actively support and participate in the relative activities organized by IMA.
5. Comply with the rules and regulations of IMA.
Article 10 Procedures for Joining IMA:
1. Nominated by the Council and recommended by IMA members.
2. The applicants submit their application materials to IMA Secretariat, which mainly include:
(1). Application Report.
(2). Profile of the organization or enterprise and its legal representative.
(3). Corporate Business License and related legal documents, two passport-size color photos of the legal representative.
3. The Secretariat is in charge of reviewing the application and submitting the review comments to the Council.
4. The Secretariat implements in accordance with the Council resolutions.
5. When the application has been approved, the applicant then becomes a member of IMA, and then the Secretariat awards IMA Member Certificate to him.
Article 11 Subject Modification of IMA Members
1. IMA members can apply for subject modification.
2. Subject modification must not damage the interests of any other alliance member.
Article 12 IMA Member Withdrawal
1. If the IMA member decides to withdraw from IMA, he must submit a written notice to the Secretariat 30 days in advance and return the Member Certificate.
2. The Secretariat should notify the Council within three working days after receiving the written notice.
3. The withdrawal member can't apply for re-accession within one year since the date of the official withdrawal.
Any IMA member who violates this Constitution shall be disenrolled after a vote has been passed by the Council.
Chapter 4 Rights and Obligations
Article 14 Rights of IMA Members
1. Participate in IMA General Assembly and the Council meetings, and participate in the discussion and voting of major policies, resolution and issues about the development of IMA.
2. Propose to the chairman of the Council to convene a temporary meeting of IMA General Assembly assembly or an ad hoc meeting of the Council or a provisional meeting of the Board of Directors.
3. Appoint representatives to participate in the Secretariat.
4. Submit amendment proposal for the IMA Constitution and report illegal acts of IMA.
5. Take precedence over other members to carry out the multi-faceted cooperation.
6. Vote on IMA annual financial budget program and question IMA daily financial revenue and expenditure.
7. Propose the establishment of IMA Branch and has the one-vote veto on the resolution draft of the IMA Branch.
8. Carry out technology, mineral rights, new products and equipment R & D cooperation with other alliance members and implement the Cooperation Agreement of all parties.
9. Take the priority to use the technology, patents and so on provided by IMA service platform according to the relevant agreement and provisions of IMA.
10. Take the priority to get access to investment and financing services of IMA.
11. Give critique and suggestions to the work of IMA and supervise it.
12. Include the company name, mineral rights information and advertising materials in the applicable news and manuscripts on IMA website.
13. Voluntary to join and free to withdraw.
14. In line with other industry rules and regulations.
Article 15 Obligations of IMA Members
1. Recognize and support this Charter
2. Actively participate in the activities of IMA, implement the resolution of IMA, and safeguard the legitimate rights and interests of IMA.
3. Provide relevant materials and information timely and truly to IMA.
4. Recognize and support the standards and norms in the mining industry and be dedicated to promoting the development of the mining industry and fostering International mineral rights transaction market.
5. Appoint representatives to participate in the Secretariat at the request of the Secretariat.
6. Pay the fees to the Financial Department of IMA according to the stipulations.
7. Have the confidentiality responsibility for the shared information, technical secrets and commercial secrets of IMA.
8. Finish other work entrusted by IMA.
Chapter 5 Organization Structure
The organization structure of IMA is shown in the diagram as follows:
As a permanent office of IMA, the Secretariat is made up of Comprehensive Management Department, Experts Service Department, and IMA Members Development & Management Department.
When planning to establish new IMA working group due to business needs, the Council needs to propose and the proposal must be passed by more than two-thirds vote of the members of the Council.
IMA Council is made up of the Secretariat, Project Investment & Financing Service Department, Mineral Rights Transaction Service Department, Experts Service Committee, Mining Funds Management Department, Mining Scientific & Technological Exchanges Department, Financial Audit Department, Legal Service Department, and IMA Members Club.
Chapter 6 IMA General Assembly
IMA General Assembly is the highest authority of IMA, which is held once a year convened and chaired by the IMA Council.
IMA General Assembly can be held only when there are more than two thirds of IMA members to attend. Resolution of the General Assembly can enter into force only when passed by more than two-thirds vote of the members.
Article 22 Authority of the IMA General Assembly
1. Formulate and revise IMA Constitution.
2. Elect and remove the Council Members.
3. Deliberate upon the work report of the Council.
4. Decide on other important issues.
Chapter 7 Council
The Council is the executing agency of IMA General Assembly and is responsible for the members of IMA General Assembly. The first members of the Council are composed by IMA sponsors.
In the Council, there are one IMA President, five Vice-Presidents, a number of Honorary Presidents, and ten Executive Directors, one Secretary-General, and two Deputy Secretary-General, who shall lead IMA to carry out daily work during the period of closing a meeting and responsible for IMA General Assembly. IMA President, Vice-Presidents, and Secretary-General are all elected by the Council. In principle, term of the office of the Council Chairman is two years and can be re-elected.
Article 25 Responsibilities of the Council
1. Submit the resolution of amending the Constitution to IMA Members General Assembly.
2. Interpret the Constitution.
3. Implement the resolution of IMA Members General Assembly.
4. Formulate the development planning and working policy of IMA.
5. Formulate the annual working report of IMA.
6. Formulate the annual financial report.
7. Verify and approve the joining and removal of IMA members.
8. Elect and remove IMA President and Vice-Presidents, and indentify candidates for the Secretary- General and Deputy Secretary-General.
9. Consider and approve the annual working report of IMA and working report of the Secretariat and other departments.
10. Consider, approve and revise the basic management system of IMA.
11. Submit to IMA General Assembly to alter or terminate the resolution of IMA.
12. Decide on the establishment and revocation within the Secretariat.
13. Discuss and decide on other important matters.
The Council shall hold at least two meetings every year, and it can be held in the form of communications under special circumstances. The Council members attending the meeting should sign on the meeting minutes. The Secretariat should make the meeting minutes of the formed resolution.
During the period of the meeting closing of the Council, should there be any major or urgent situation, ad hoc meetings of the Council can be held if agreed by more than half of the Council members.
The Council meetings can be held only when there are more than three-quarters of theAlliancemembers to attend. Resolution of the Council meetings can enter into force only when Passed by more than two-thirds vote of the Council members.
Chapter 8 The Secretariat
The Secretariat is in charge of the daily work of IMA. The work of the Secretariat is led and organized by the Secretary-General to be implemented specifically.
The Secretariat is made up of the Secretary-General and two secretaries, who share out the work and help one another to assume all the work of the Secretariat.
Article 31 Responsibilities of the Secretariat:
1. Daily management.
(1). Specifically implement the resolution of IMA Members General Assembly and the Council meetings, coordinate and manage the Working Group and the members' activities within IMA.
(2). In charge of the preparation and convening of IMA Members General Assembly and the Council meetings.
(3). In charge of drafting and handling relevant internal documents of IMA.
(4). Responsible for drafting the annual financial report of IMA.
(5). In charge of the system establishment such as industry self-regulation, industry norms, etc.
(6). Organize and participate in the coordination and settlement of a number of major issues that impact the development of the mining industry.
(7). Create conditions to strengthen the cooperation, inspection, training, and exchanges between alliance members, internal and external, and countries.
(8). Supervise and inspect the implementation of the industry self-regulations and norms, announce it and Supervise the rectification.
(9). In charge of industry policies and regulations research and special investigations.
2. Members Services.
(1). Responsible for receiving the applications to join IMA, carrying out a preliminary review of entity qualification of the applicants, handling the procedures of joining IMA in accordance with the IMA Constitution.
(2). Propose to remove the members violating the regulations according to the relevant punishment system of IMA and in charge of the members' application to withdraw from the IMA.
(3). Collect and inform the national mining policy and information for theAlliancemembers.
(4). Collect technology and the operation and management information and report, and establish information-sharing mechanism for IMA members.
(5). Construct and maintain the website of IMA and full use of the network to achieve the online interaction exchange between the members.
(6). Provide other necessary services and solve problems for IMA members.
Chapter 9 Expert Advisory Committee
IMA is set up of the Expert Advisory Committee, the expert consultants are employed by the Secretariat which attracts global well-known experts, enterprise, or governments in the mining industry.
The Expert Advisory Committee is responsible for guiding the development and innovation of IMA or carrying out planning for technologically innovative projects and providing technical guidance, or giving advisory suggestions.
Chapter 10 IMA Funds and Assets
Article 34 Sources of IMA Funds.
1. Membership fees, contributions, donations, and sponsorship from all the members.
2. Funds provided by the government.
3. Project funds and mining funds investment income.
4. Income from carrying out activities within the approved business scope.
5. Other lawful income.
IMA charges the members in accordance with relevant provisions.
IMA has strict financial management system to ensure that the accounting system is legitimate, true, accurate and complete.
The basic principles of IMA financial management are to implement relevant laws and regulations and financial system, establish and improve the financial rules and regulations, live within our means, use the funds properly, and protect the interests of IMA members.
IMA Asset Management implements the financial management system and accepts the supervision of the Members General Assembly and the Council.
IMA financial work is managed by the Secretariat and the Financial Department.
Chapter 11 Supplementary Provisions
Amendments of the Constitution must be voted through the Council meeting and then be submitted to IMA General Assembly for consideration.
Self-dissolution of IMA or if IMA needs to be terminated due to separation, merger, or other reasons, the Council shall put forward the termination proposal and submit it to IMA Members General Assembly to be voted through.
Prior to the termination of IMA, a clearing organization must be established in accordance with relevant provisions to clean up claims and debts. Activities beyond the liquidation must not be carried out during the aftermath liquidation period.
The remaining property after the termination of IMA shall be handled in accordance with international practices.
This Constitution shall enter into force after the legal representative or authorized representative of the sponsor of IMA has signed on it.
IMA Council has the right to interpret this Constitution.