Articles of Association
ARTICLES OF ASSOCIATION OF THE EUROPEAN FORUM FOR INTERNATIONAL TRADE (Europäisches Forum für Außenwirtschaft e.V.)
– formerly EUROPÄISCHES FORUM FÜR AUSSENWIRTSCHAFT, VERBRAUCHSTEUERN UND ZOLL e.V. –
(Version adopted by resolutions of the General Meeting of 26 November 2020 and 14 June 2023)
§ 1 Name and registered office
(1) The association shall bear the name “Europäisches Forum für Außenwirtschaft” and, upon entry in the register of associations, the suffix “eingetragener Verein” (e.V., registered association). In its external communications, the association’s name shall be accompanied by the descriptor “The forum for law and practice in export control, supply chains, sustainability, excise duties and customs”.
(2) The association’s registered office shall be in Münster.
§ 2 Purpose of the association
(1) The association shall pursue exclusively and directly public-benefit purposes within the meaning of the chapter on “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung).
The purposes of the association shall be:
a) to promote dialogue among persons working in legislation, public administration, the judiciary, the independent professions, research and teaching, and professional practice in the fields of export control, excise and customs law, and supply chain and sustainability law;
b) to promote and maintain cooperation with all persons and institutions active in export control, excise duties, customs, supply chains and sustainability at national and international level;
c) to express positions on matters of export control, excise and customs law, and supply chain and sustainability law, and to promote research and teaching in these fields and the application of academic findings in practice.
(2) The association shall act altruistically; it shall not primarily pursue its own economic interests. Its funds may be used only for the purposes specified in these Articles of Association. Members shall receive no allocations from the association’s funds. No person may benefit from expenditure unrelated to the association’s purposes or from disproportionately high remuneration. § 10(2) shall remain unaffected.
§ 3 Membership
(1) Ordinary membership shall be open to natural persons who, within the meaning of § 2(1)(a), are involved in export control, excise or customs law, or supply chain and sustainability law in a broad sense.
(2) Legal persons, associations and corporate bodies may become supporting members. They shall have no voting or electoral rights.
(3) Membership shall be acquired by declaring accession to the association in writing and receiving confirmation of admission from the Board.
(4) Members shall pay the membership fee determined by the General Meeting (§ 8(1)(f)).
(5) Membership shall end through:
a) resignation taking effect at the end of the calendar year, subject to three months’ notice;
b) expulsion by the General Meeting;
c) expulsion by the Board if the member is more than one year in arrears with membership fees and fails to pay within one month despite having been warned of expulsion.
§ 4 Governing bodies
The governing bodies of the association shall be:
a) the Board within the meaning of § 26 of the German Civil Code (BGB);
b) the Executive Board;
c) the General Meeting.
§ 5 Board within the meaning of § 26 BGB
The Board within the meaning of § 26 BGB shall consist of the Chair and the Deputy Chairs of the Executive Board. Each shall be authorised to represent the association individually. Internally, however, the Deputy Chairs should obtain the Chair’s consent. If this is not possible, the Chair must be informed without delay.
§ 6 Executive Board
(1) The Executive Board, hereinafter referred to as the “Board”, shall consist of a) the Chair; b) two Deputy Chairs; c) up to four additional members; d) the Treasurer.
(2) The Board shall be elected by the Ordinary General Meeting for a term of three years. The elected Board shall remain in office until a new election takes place. If a Board member leaves office during the term, the Board may appoint a replacement for the remainder of that term.
(3) Unless the Board decides otherwise by a majority vote, the Chair or the Deputy Chairs shall be authorised to decide on all matters outside the responsibilities of the General Meeting.
(4) Membership of the Board shall end when membership of the association ends.
§ 7 General Meeting
(1) An Ordinary General Meeting shall be convened once a year, with notification of the agenda. The notice period shall be fourteen days.
(2) An Extraordinary General Meeting shall be convened if the Board considers it necessary or if at least one quarter of the members request it in writing.
(3) The General Meeting shall have a quorum irrespective of the number of members present. However, if it has been convened at the request of members, at least one quarter of the members entitled to vote must be present and participate in the decision-making.
(4) The General Meeting shall be chaired by the Chair of the Board or, if the Chair is unable to attend, by the older of the Deputy Chairs or, failing that, by the oldest member of the Board. If no Board member is present, the General Meeting shall elect its own chair for the meeting.
(5) General Meetings shall be convened in text form by a Board member pursuant to a resolution of the Board.
§ 8 Responsibilities of the General Meeting
(1) The General Meeting shall be responsible for:
a) electing the Board;
b) receiving the Board’s annual report;
c) receiving the Treasurer’s report;
d) receiving the accounts examiner’s report and electing the accounts examiner;
e) granting discharge to the members of the Board;
f) determining the membership fee;
g) determining the expense allowance pursuant to the first sentence of § 10(2) of these Articles of Association;
h) expelling members;
i) dissolving the association.
(2) The General Meeting shall adopt resolutions by a majority of votes. In the event of a tie, the chair of the meeting shall have the casting vote.
(3) Amendments to these Articles of Association shall require a majority of two thirds of those present at a General Meeting convened for that purpose.
(4) Minutes shall be drawn up recording the main proceedings and outcomes of the General Meeting. They shall be signed by the chair of the meeting and the minute-taker appointed by the chair of the meeting.
§ 9 Scientific Advisory Board
(1) The association shall appoint a Scientific Advisory Board. It shall consist of:
a) the Chair and the members of the Board pursuant to § 6 of these Articles of Association; and
b) additional members.
(2) The Scientific Advisory Board should include representatives from research and teaching, the independent professions, public administration and the judiciary. Other persons who have made a particular contribution to advancing the association’s purpose within the meaning of § 2 of these Articles of Association may also be appointed.
(3) The Scientific Advisory Board shall support the association in fulfilling its purpose. It may establish specialist committees for this purpose.
(4) The additional members of the Scientific Advisory Board shall be appointed by the Board. No membership fees shall be charged to these members. The Board may adopt rules of procedure for the Scientific Advisory Board.
(5) The Scientific Advisory Board shall elect a Chair from among its members.
§ 10 Voluntary nature of offices
(1) All offices in the association shall be held on a voluntary basis.
(2) If the workload associated with Board duties exceeds what may reasonably be expected of voluntary service, Board members may be granted an expense allowance. Where the activities of members of the Scientific Advisory Board exceed the scope of voluntary service, the Board may grant remuneration or an expense allowance on a case-by-case basis.
§ 11 Association assets upon termination of membership or cessation of the association
(1) Members whose membership ends shall have no claim to the association’s assets.
(2) Upon dissolution or termination of the association, or if its previous purpose ceases to apply, the association’s assets shall pass to the Deutsche Forschungsgemeinschaft, which shall use them directly and exclusively for
public-benefit, charitable or religious purposes.
§ 12 Amendments to the Articles of Association by the Board within the meaning of § 26 BGB
The Board within the meaning of § 26 BGB (§ 5 of these Articles of Association) shall be authorised to make amendments to these Articles of Association:
a) that are purely editorial;
b) to eliminate inconsistencies in the wording;
c) that are necessary to resolve objections raised by the register of associations or other objections or obstacles in judicial or administrative proceedings.
§ 13 Interpretation of the Articles of Association
Every provision of these Articles of Association shall be interpreted so as not to impair the association’s exclusive and direct pursuit of public-benefit purposes.