ANNEX 1 - NOTE VERBALE FROM THE LEGAL COUNSEL (FULL POWERS), 1998


 

REFERENCE: LA 41 TR/221/1


The Legal Counsel presents his compliments to the Permanent Representatives to the United Nations in New York and has the honour to communicate the following in relation to full powers for the signing of treaties deposited with the Secretary-General:

It has been noted recently that some national representatives have sought to sign treaties deposited with the Secretary-General without full powers, which meet the requirements under treaty law and practice. It is reminded that the Secretary-General's consistent practice relating to full powers has been as follows:

As stated above, full powers are not required where the Head of State or Government or the Foreign Minister signs in person. Furthermore, where general full powers have been issued to a person and have been deposited with the Secretariat in advance, specific full powers are not required.

It is advised that whenever possible full powers should be submitted for verification to the Treaty Section of the United Nations in advance of the intended date of signature.

Further information on full powers could be obtained from the publication "Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties" (ST/LEG/8).

A copy of a model instrument of full powers is attached for your information.


30 September 1998

H.C.