[center]Treaty on the Cross-Straits Union[/center]
Article 1 - Governance and Structure
1. The Cross-Straits Union (CSU) is an economic and political union. The CSU operates through a system of supranational independent institutions and intergovernmental negotiated decisions by the member states. Each member state is represented in each institution.
2. The organs of the CSU shall be:
The Cross-Straits Secretariat
The Cross-Straits Council
The Cross-Straits Court of Justice
Council of Head of States
3. The CSU shall have its headquarters in Ashinxao, Azukishima Prefecture, Rokkenjima.
4. The accounts of the CSU shall be audited by the legal office of the IDS and presented by a member of that office to the Council of Head of States and the Secretariat.
5. The agreed financial year for the CSU is the 1st of April - 31st of March
Article 2 - The Cross-Straits Secretariat
6. The Cross-Straits Secretariat shall be the administrating body of the CSU, it shall be led by a Secretary General who shall be the chief administrator of the Union and Commissioners responsible for specific portfolios, the Secretary General shall internationally represent the CSU. The full list of Secretariat portfolios shall be:
Secretary General
Commissioner of Foreign Affairs
Commissioner of International Aid and Development
Commissioner of Defence
Commissioner of Justice
Commissioner for Economy and Finance
Commissioner for the Internal Market and Trade
Commissioner for Agriculture and the Environment
Commissioner for Climate Change
Commissioner for Maritime Affairs and Fisheries
Commissioner for Home and Cultural Affairs
Commissioner of Science and Innovation
Commissioner for Education and Youth
7. The Secretariat shall be responsible for the negotiation of trade agreements between the CSU as a bloc and other nations, the vetting of applicant nations, nominating office holders of the CSU, advising meetings of the Cross-Straits Council and other such duties as required by the Cross-Straits Council or other organs of the Union.
8. Members of the Secretariat are elected for a five year term renewable by the Council of Head of States. All members shall be from full member states.
Article 3 - The Cross-Straits Council
9. The Cross-Straits Council shall be the day to day decision making body of the CSU responsible for decisions relating to instructing the Secretariat and other matters not mentioned elsewhere in this treaty, it shall comprise up to five permanent representatives per member nation. However each nation may only cast a single vote per matter.
10. The Cross-Straits Council shall be led by a President who shall be the representative of a member nation and not a member of any other CSU body, the Presidential term shall be one year and shall rotate between the full members of the Union by alphabetical order.
11. Decisions of the Cross-Straits Council are by majority of votes cast in the event of a tie the President shall have the casting vote, unless there is a conflict of interest in which case for that vote the Presidency passes to the next nation in line, before reverting back afterwards.
12. Associate members of the CSU shall be entitled to membership of the Cross-Straits Council, they shall be permitted to participate in discussions but may not vote.
Article 4 - The Cross-Straits Court of Justice
13. The Cross-Straits Court of Justice (CSCJ) is the highest court in the Cross-Straits Union in matters of Cross-Straits law. It is tasked with interpreting CSU law and ensuring its equal application across all CSU member states. The CSCJ may issue fines to national or local governments for noncompliance and are able to when necessary establish precedent to be followed by national courts. It also serves as an advisory and appeals court on matters regarding other major international treaties such as the Mundus Convention on Universal Rights or Fair Seas Concordat.
14. The Bench of the CSCJ shall comprise one judge per full member nation, nominated by that nation and confirmed by the Cross-Straits Council.
15. The Bench shall be headed by the Chief Justice who shall be nominated from among the judges by the Secretary General upon the advice of the Commissioner of Justice and confirmed by the Cross-Straits Council.
16. Should a decision of the CSCJ become deadlocked (equal number of Judges on each side) then the decision of the Chief Justice shall determine the outcome.
17. The CSCJ shall be located in Avalon, Achkaerin.
Article 5 - Council of Head of States
18. The Council of Head of States shall have overall oversight of the Union, the Council shall comprise the respective Heads of State of the membership or their appointed representatives.
19. The Council of Head of States shall meet once a year in a location alternating between member states. It can by a majority vote of the Cross-Straits Council hold an emergency meeting.
20. The Council of Head of States shall be led by a chair determined by the Council for a five year term, renewable. The responsibilities of the chair shall be organising the annual meeting of the Council, finalizing the agenda for the annual meeting, chairing the annual meeting (and any such ad hoc meetings) and liaising between the Council and other organs of the CSU.
21. Only the Council of Head of States may amend the Treaty of the Cross-Straits Union, such amendments shall require a 75% majority.
22. Only the Council of Head of States may approve applications to join the Cross-Straits Union as either full or Associate members, these decisions shall be by majority (50%+1) In the event of a tie the Chair may cast a deciding vote but otherwise does not have a vote.
23. Associate members of the CSU may attend the Council of Head of States annual meeting, they may participate in discussions if permitted by the Chair but may not vote.
Article 6 - Cross-Straits Free Trade Area
24. There shall exist within the jurisdictions of each of the full members of the CSU a free trade area known as the Cross-Straits Free Trade Area (CSFTA), the FTA shall operate with no tariffs or restrictions (other than those deemed necessary by the CS Secretariat) on goods or services moved and/or traded between member states of the CSU. For the purposes of this article all full member states of the CSU are considered CSFTA members.
25. Each CSFTA member shall grant duty-free temporary admission for the following goods, regardless of their origin:
(a) professional equipment, including equipment for the press or television, software and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade, or profession of a business person who qualifies for temporary entry pursuant to the laws of the importing member state;
(b) goods intended for display or demonstration;
(c) commercial samples and advertising films and recordings; and
(d) goods admitted for sports purposes.
26. Each CSFTA member shall, at the request of the person concerned and for reasons its customs authority considers valid, extend the time limit for temporary admission beyond the period initially fixed.
27. No CSFTA may condition the duty-free temporary admission of a good referred to in section 25, other than to require that such good:
(a) be used solely by or under the personal supervision of a national or resident of another Party in the exercise of the business activity, trade, profession, or sport of that person;
(b) not be sold or leased while in its territory;
(c) be accompanied by a security in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable on exportation of the good;
(d) be capable of identification when exported;
(e) be exported on the departure of the person referenced in subparagraph (a), or within such other period related to the purpose of the temporary admission as the Party may establish, or within one year, unless extended;
(f) be admitted in no greater quantity than is reasonable for its intended use; and
(g) be otherwise admissible into the Party’s territory under its law.
28. If any condition that a CSFTA member state imposes under section 27 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the good plus any other charges or penalties provided for under its law.
29. Each CSFTA member state, through its customs authority, shall adopt procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that when such a good accompanies a national or resident of another member state who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident.
30. Each CSFTA member state shall permit a good temporarily admitted under this Article to be exported through a customs port other than that through which it was admitted.
31. Each CSFTA member state shall provide that its customs authority or other competent authority shall relieve the importer or other person responsible for a good admitted under this Article from any liability for failure to export the good on presentation of satisfactory proof to the importing Party’s customs authority that the good has been destroyed within the original period fixed for temporary admission or any lawful extension.
32. Each CSFTA member state shall allow a vehicle or container used in international traffic that enters its territory from the territory of another Party to exit its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container;
33. No CSFTA member state may require any bond or impose any penalty or charge solely by reason of any difference between the port of entry and the port of departure of a vehicle or container;
34. No CSFTA member state may condition the release of any obligation, including any bond, that it imposes in respect of the entry of a vehicle or container into its territory on its exit through any particular port of departure; and
35. No CSFTA member state may require that the vehicle or carrier bringing a container from the territory of another member state into its territory be the same vehicle or carrier that takes such container to the territory of another member state.
36. For purposes of sections 32-35, vehicle means a truck, a truck tractor, tractor, trailer unit or trailer, a locomotive, or a railway car or other railroad equipment.
37. No CSFTA member state may apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been exported from its territory to the territory of another member for repair or alteration, regardless of whether such repair or alteration could be performed in its territory.
38. Except as otherwise provided in this Treaty, no CSFTA member may adopt or maintain any prohibition or restriction on the importation of any good of another member or on the exportation or sale for export of any good destined for the territory of another member, save for when such an item, or its import or export, is banned by the member.
39. Each Party may require that a Certificate of Origin for a good imported into its territory be completed in a language required under its law.
40. Each Party shall require an exporter in its territory to complete and sign a Certificate of Origin for any exportation of a good for which an importer may claim preferential tariff treatment on importation of the good into the territory of another Party.
41. On request of a CSFTA member, the Cross-Straits Secretariat shall, within 7 days after a request is delivered, consult on whether the rules of origin applicable to a particular good should be modified.
42. In the consultations referred to in section 40, each member of the Secretariat shall consider all data that the CSFTA member making the request presents demonstrating substantial production in its territory of the good. The Secretariat shall consider that there is substantial production if the CSFTA member making the request demonstrates that its domestic producers are capable of supplying commercial quantities of the good in a timely manner.
43. The Secretariat shall endeavor to conclude the consultations within 30 days after delivery of the request. If the Secretariat reaches an agreement to modify a rule of origin for a particular good, the agreement shall take effect 28 days after the date on which the decision is made.
44. Each CSFTA member shall recognize distinctive products, these being products being authorized to be produced in a specific geographic area. Accordingly, CSFTA members shall not permit the sale of any such product unless it has been manufactured in the respective geographic area in accordance with the laws and regulations of the respective member state governing the manufacture of the produce.
45. At the request of a CSFTA member, the Secretariat shall consider whether to recommend that the Council of Head of States amend section 46 of this Treaty to designate a good as a distinctive product.
46. As outlined in sections 44-45 of this Treaty the list of distinctive products is as follows:
47. Each CSFTA member agrees that it will not engage in the practice of dumping goods, this shall be defined as "the export a product to another country at a price either below the price charged in its home market or below its cost of production."
48. Companies may operate in the territory of any of the CSFTA members as long as they comply with local employment, environmental and health and safety laws.
49. Any good, product or service banned, partly or fully, by any other CSFTA member shall be exempt, with regards to dealings with the relevant member, from the provisions of this treaty.
50. Each CSFTA member agrees to protect the intellectual property of companies or individuals registered in the territory of the other members.
51. New members of the CSFTA shall undertake to progressively eliminate their customs duties on originating goods so that within 12 months of their joining the CSFTA all goods shall be duty free in accordance with this article.
52. Associate members of the CSU may be members of the CSFTA however such access shall require their compliance with Article six of this Treaty and other conditions to be determined at such times.
53. The CSFTA shall be managed and monitored by the CS Secretariat and reported on to the other organs of the Union as required with an annual report made to the Council of Head of States.
Article 7 - Fisheries
54. Members of the CSU retain sovereignty over their own waters as outlined within the Fair Seas Concordat.
55. Fishing vessels belonging to one CSU member state shall be permitted entry into the waters of another member state for the purposes of fishing provided that:
a) The vessel is registered with the member state into whose waters it is intending to enter
b) The vessel is registered with the CSU fishing index maintained by the respective Commissioner and;
c) The vessel complies with the provisions of Article 7 of this treaty.
56. Vessels operating in the waters of a member state that is not their native state shall be limited to a maximum of fourteen days at sea per month across such waters within the CSU. There shall be no limitation for vessels from the native state operating within native waters
57. CSU members agree to do all that is reasonable to maintain the sustainability of fishing stocks and fishing grounds.
58. Members of the CSU agree to liaise with the Wild Mundus Organisation in respect of endangered marine life.
59. Members of the CSU shall ensure that their fishing vessels comply with regulations on equipment and methods as laid down by the Cross-Straits Secretariat.
60. Associate members of the CSU who wish to be part of this policy will be required to comply with the provisions of article 7 of this treaty.
Article 8 - Travel
61. CSU members agree to define travel into three purposes;
i) Business
ii) Tourist
iii) Study
62. Each full member state shall issue Cross Straits Passports, these shall grant additional status to passports already issued by member states by eliminating the requirement for visas for travel purposes. Any citizen of a member state may be issued with such a passport provided the following criteria are met:
a) The applicant has been resident in a member state for a period of five years
b) The applicant has no unspent criminal convictions or serious convictions
c) The applicant is not presently on bail awaiting trial
d) The applicant is not deemed a threat to national security
63. The Cross Straits Passport shall be royal blue in colour with gold writing and illustrations on the outside, contain the holders identification details including photographic identification and possess a biometric component.
64. The Cross Straits Passport does not infringe on the rights of a member state to determine their own port security measures. A citizen travelling will still be asked at passport control will still be asked the purpose of their visit.
65. Any students residing in another member nation are restricted to a maximum of 15 hours paid employment a week.
Article 9 - Environment
66. Members of the CSU shall undertake to ensure that industries based within their nations take steps to minimize waste by evaluating their operations and ensuring they are as efficient as possible.
67. Members of the CSU shall take steps to reduce their toxic emissions.
68. Members of the CSU shall promote recycling and renewable forms of energy.
69. Members of the CSU agree to liaise with the Wild Mundus Organisation in respect of endangered animal life.
70. Members of the CSU agree to uphold the principles of the Treaty for the Protection of Hygelac and Hrothgaer.
71. The provisions of Article 8 of this treaty shall apply to both full and associate members of the CSU.
Article 10 - Social and Cultural
72. Members of the CSU agree to the creation and maintenance of the Cross-Straits Arts Fund (CSAF), this shall be a fund managed by the Commissioner for Home and Cultural Affairs on behalf of the Cross-Straits Council.
73. Arts institutions and practitioners may make application to the Cross-Straits Secretariat for CSAF funding, in so doing they are expected to submit details determined by the Cross-Straits Council. The Secretariat shall then determine whether to approve the funding or not.
74. For the purposes of section 73 Arts institutions and practitioners shall include - art galleries, museums, theatres, concert halls, artists (painters and sculptors), musical artists, theatre groups, orchestra’s and similar.
75. Members of the CSU agree to the creation and maintenance of the Cross-Straits Social and Entrepreneur Fund (CSSEF), this shall be a fund managed by the Commissioner for Home and Cultural Affairs on behalf of the Cross-Straits Council.
76. Projects (defined as multiple companies from multiple nations) and small businesses may make application to the Cross-Straits Secretariat for CSSEF funding in so doing they are expected to submit details determined by the Cross-Straits Council. The Secretariat shall then determine whether to approve the funding or not.
77. CSSEF funding may not be used for any project or business that has a military application as a goal or goes against the principles of the CSU.
78. Members of the CSU shall make annual contributions to the CSAF and the CSSEF. The monetary amount of which is set by the Council of Head of States following the recommendation of the Commissioner for Economy and Finance and the agreement of the Cross-Straits Council.
79. Associate members wishing to allow their businesses and peoples (defined as those within their internationally recognised sovereign borders) to benefit from the CSAF and CSSEF must agree annual contributions with the Cross-Straits Secretariat to be approved by the Cross-Straits Council with the consultation of the Council of Head of States.
80. CSU members agree to the practice of ensuring that at minimum all those within their borders in employment are being paid the living wage and that no one is employed on a zero hours contract.
81. Members of the CSU agree to an annual cultural festival, the venue to alternate between members, this shall be a festival attended by all members and should seek to bring about greater cultural understanding between the members.
Article 11 - Science
82. There shall be created the Cross-Straits Science Fund (CSSF), this shall be under the supervision of the Commissioner for Science and Innovation.
83. Projects may make application to the Cross-Straits Secretariat for CSSF funding in so doing they are expected to submit details determined by the Cross-Straits Council. The Secretariat shall then determine whether to approve the funding or not.
84. CSSF funding may not be used for any project that has a military application as a goal or any project that goes against the spirit of the CSU’s principles.
85. Members of the CSU shall make annual contributions to the CSSF. The monetary amount of which is set by the Council of Head of States following the recommendation of the Commissioner for Economy and Finance and the agreement of the Cross-Straits Council.
86. Associate members wishing to allow their businesses and peoples (defined as those within their internationally recognised sovereign borders) to benefit from the CSSF must agree annual contributions with the Cross-Straits Secretariat to be approved by the Cross-Straits Council with the consultation of the Council of Head of States.
87. Members of the CSU (both full and associate) agree to abide by the principles of the Outer Space Standards Convention.
Article 12 - Security and Justice
88. Members of the CSU agree to the creation of the Cross-Straits arrest warrant, this shall be issuable by the Commissioner of Justice or Secretary General following the presentation of the case to the Secretariat and be enforceable within the jurisdictions of the CSU members (both full and associate).
89. CSU members (both full and associate) agree to extradite criminal suspects if they are presented with reasonable evidence and are assured that torture will not be used to extract evidence and that the accused will get a fair trial (both outlined in the Mundus Convention of Universal Rights).
90. There shall be no obligation to extradite to the death penalty.
91. It is expected that CSU members (both full and associate) cooperate with foreign investigations and when requested make intelligence available to other member nations so far as.
a) Doing so does not endanger ongoing investigations.
b) Doing so does not endanger national security
c) Doing so does not breach any other international agreement.
92. Members of the CSU agree to an annual exchange of police officers, each nation shall select a total of thirty officers from across the various police forces within their nation to participate. The length of the exchange shall be four months.
Article 13 - Education and Youth
93. CSU member nations agree to take part in annual student exchange programs
94. CSU member nations agree that all children have the right to an education and shall do all that they can to raise the standards of that education and to support the children in achieving that standard.
95. CSU member nations agree that they shall develop for those in secondary education who do not wish to advance to tertiary education a life skills curriculum, this curriculum shall last for two years and consist of teaching skills specifically targeted to ensure that young people do not end up homeless, jobless, in debt, starving or otherwise in poverty and/or at risk.
96. CSU members agree to the creation of the Cross-Straits Youth Conference, this shall be an annual event held over a five day period chaired by the Commissioner for Education and Youth. Each member nation of the CSU shall be entitled to send twenty delegates to the Conference (aged 11-21).
97. The venue for the Cross-Straits Youth Conference shall be determined by the Cross-Straits Council with the consultation of the Secretariat. The costs for the conference shall be borne equally among the CSU members, while exhibitors and other guests pay at their own expense.
98. Associate members of the CSU may participate in the provisions of this article provided they agree to accept all the sections of this article and the responsibilities thereof.
Article 14 - Sports
99. The CSU agrees to an annual Cross-Straits Games with an event list aimed at physical prowess, intelligence, mental calmness and innovation.
100. The host for the Cross-Straits Games shall rotate between the members.
101. The rules of competition shall be deferred to the respective international sporting authority.
102. Associate members of the CSU may participate in the Cross-Straits Games with the agreement of the Cross-Straits Council.
Article 15 - Diplomatic
103. CSU member states agree to maintain active embassies with each other and to have their ambassadors present themselves promptly (within 24 hours) upon receipt of an official summons by another members government.
102. CSU member states agree to settle disputes arising between them by peaceful means when at all possible using the CSCJ as an arbitrator or the Secretariat as a mediator if required.
104. CSU member states agree to not take hostile action against each other except where other treaties would create such a mandate e.g a mutual defence clause.
Article 16 - Membership
105. Full membership of the CSU is open to all nations who are prepared to comply with the provisions of this Treaty.
106. To obtain full membership of the CSU an applicant must submit a letter in writing to the Secretariat, after which there will if deemed necessary be a meeting, following which the Council of Head of States in an emergency meeting will vote on the matter. A simple majority either way will carry the vote.
107. To obtain Associate member status of the CSU an applicant must submit a letter in writing to the Secretariat, after which there will be a meeting to discuss the extent of the potential associate member’s involvement in the CSU (which articles of this treaty they will comply with, benefits, limitations etc). Once this is determined the Council of Head of States in an emergency meeting vote on the matter. A simple majority either way will carry the vote.
108. To leave the CSU a member nation must give written notice of their intention to leave the organisation in a letter to the Secretary General. The letter must also include a departure date from the CSU no earlier than one year from the date of the letter being served.
109. If an Associate member is a member of the CSFTA then the provisions of section 108 apply to them, if they are not a CSFTA member then they must give a date no sooner than six months from the date of the letter being served.
110. Any member whether full or associate that leaves the CSU is expected to fulfill any outstanding financial obligations they have to the Union.