9 DE SETEMBRO DE 1983

787

of voles in the preceding ballot shall be ineligible and in which votes shall be cast only by:

i) Governors who voted in the preceding

ballot for a person who is not elected; and

ii) Governors whose votes for a person

who is elected are deemed, in accordance with paragraph 2, c), of this annex, to have raised the votes cast for that person above ten* per cent of the total voting power of the regional members;

0:

i) In determining whether the votes cast by a governor shall be deemed to have raised the total number of votes for any person above ten* per cent, the said ten* per cent shall be deemed to include, first, the votes of the governor casting the highest number of votes for that person, and then, in diminishing order, the votes of each governor casting the next highest number until ten" per cent is attained;

it) Any governor part of whose votes must be counted in order to raise the votes cast for any person above eight* per cent shall be considered as casting all his votes for that person even if the total number of votes cast for that person thereby exceeds ten* per cent;

d) If, after second ballot, twelve persons arc not elected, further ballots shall be held in conformity with the principles laid down in this annex, provided that after eleven persons are elected, the twelfth may be — elected notwithstanding the provisions of paragraph 2, a), of this annex — by a simple majority of the remaining votes. All such remaining votes shall be deemed to have counted towards the election of the twelfth director.

3 — Non-regional directors:

a) The six persons receiving the highest number

of votes of the governors representing the non-regional members shall be directors, except that no person who receives less than fourteen0 per cent of the total voting power of the non-regional members shall be considered as elected;

b) If six persons are not elected at the first ballot,

a second ballot shall be held in which the person who received the lowest number of votes in the preceding ballot shall be ineligible and in which votes shall be cast only by:

i) Governors who voted in the preceding ballot for a person who is not elected; and

ii) Governors whose votes for a person who is elected are deemed in accordance with paragraph 3, c), of this annex, to have raised the votes cast for that person above nineteen* per cent of the total voting power of the non-regional members;

c):

i) In determining whether the votes cast

by a governor shall be deemed to nave raised the total number of votes for any person above nineteen* per cent, the said nineteen* per cent shall be deemed to include, first the votes of the governor casting the highest number of votes for that person, and then, in diminishing order, the votes of each governor casting the next highest number until nineteen* per cent is attained;

ii) Any governor part of whose votes must

be counted in order to raise the votes cast for any person about fourteen* per cent shall be considered as casting all his votes for that person even if the total number of votes cast for that person thereby exceeds nineteen A per cent;

d) If, after the second ballot, six persons are not elected, further ballots shall be held in conformity with the principles laid down in this annex, provided that after five persons are elected, the sixth may be elected — notwithstanding the provisions of paragraph 3, a), of this annex — by a simple majority of the remaining votes. All such remaining votes shall be deemed to have counted towards the election of the sixth director.

Agreement establishing the African Development Bank

As amended on the seventh day of May, nineteen hundred and eighty two in Lusaka (Zambia), date of entry into force of Resolution 05-79 of the Board

* General Counsel's note: The adoption of the amendment to article 33, whereby the membership of the Bank's Board of Directors was increased from nine to eighteen, and provision was made for the exclusive election of twelve directors by regional members and six by non-regional members, necessitated the establishment in annex B to Agreement of separate rules for the election of the regional and non-regional directors. The same amendment also made It necessary for the Board of Governors to reconsider the minimum and maximum percentages established in the original version of annex B for the election of a director. The Board of Governors, during the consideration of this amendment, decided that in the section of annex B that deals with the election of regional directors, the respective percentages should be eight and ten instead of ten and twelve as in the original rules, and at the same time fixed the minimum and maximum percentages for the election of non-regional directors at fourteen and nineteen respectively. These decisions having been taken before the adoption on the resolution amending the Bank Agreement, the resulting amendment is deemed to have included the adoption of new minimum nnd maximum percentage figures.