Please download the first Constitution of ICCIRA here.
INTERNATIONAL CULTURAL AND CREATIVE INDUSTRIES
- The Constitution of the INTERNATIONAL CULTURAL AND CREATIVE INDUSTRIES REGULATORY AUTHORITY –ICCIRA- has been composed in accordance with the Companies Acts of the Country of Origin, where the organisation’s Headquarters is based.
- The Parts and Articles reflect the directives and practices introduced by ICCIRA.
- Guidance notes supporting literature and documentation can be found in a manual entitled ‘Internal Rules and Regulations Manual’, which is presented separately.
- If a provision is optional, this will be indicated with the use of the term ‘Optional Provision’.
- These notes are good guidance, but they are not a substitute for taking advice on one’s circumstances.
- If the Board of Directors decides to proceed with changes and intends to amend or adopt Articles, it is recommended to take legal advice, prior to the Founders and Trustees’ final approval. It should be ensured that such amendments and changes are properly made, they are appropriate to the circumstances and the founding values of ICCIRA.
- When the Board of Directors has completed any amendments, the Board should check the correctness of clause numbering and cross-referencing.
- If the Board of Directors or any Member have queries, while using the Articles, more information can be found in the Internal Rules and Regulations Manual. All Members are welcome to contact by email the Founder’s desk or the leading figure of ICCIRA Trustees.
- Adoption of new Articles requires the approval of the Founders, Trustees and Stakeholders. The Board of Directors needs to pass a special resolution, in form of recommendation for ICCIRA, in order to adopt new Articles. The form of wording for such a resolution should be presented in the Internal Rules and Regulations Manual.
- In order for ICCIRA to benefit from VAT exemption, this Foundation must qualify as an eligible body. An eligible body must:
- be non-profit-making;
- include a restriction on the distribution of profits;
- retain its independence from religions, religious groups and sects. However, prohibiting a culture of disbelief, ICCIRA respects the free exercise of any religion by its members. All cultural matters related to the preservation of religious heritage, protection and artifacts are addressed through the local and national heritage organisations.
- retain its independent status as a non-partisan organisation and as such will not entertain any matter which is political in nature; and
- not to be subject to commercial influence.
- To ensure that ICCIRA is not subject to commercial influence, it is highly recommended that ICCIRA should not purchase any goods or services (e.g. sports land, or management/administrative services relating to NPO – facilities or goods/services) for more than the normal market price.
- In case ICCIRA Management intends to employ or include in its payroll directors, officers or associates (internal/external), and wishes to benefit from VAT exemption, prior to any decision/action, the Board of Directors, Management and other Human Resource Employees should refer to the Internal Rules and Regulations Manual. This prohibits the directors’ remuneration from being determined or conditional upon the profits, losses, or gross income derived from ICCIRA’s activities, which must be included in ICCIRA’s sequence of Articles. Refusing the right to remunerate directors does not prevent the payment of honoraria to officers. In order to take the above benefits, the amount of honoraria must be calculated by reference to gross profits or gross income of ICCIRA.
- In relation to Members’ subscriptions, ICCIRA does exempt from charging VAT altogether. Sales will not be subject to VAT.
INTERNATIONAL CULTURAL AND CREATIVE INDUSTRIES
The Constitution was adopted on Friday 15th January 2021 by ICCIRA Founders and Trustees.
Modern civilisation which expresses the multifaceted image of the world is governed by the cultural identity of its citizens, their needs, political and economic related decision making.
The boundaries of the Arts, Cultural, Creative and Entertainment Industries (ACCEI), as concepts and elements, ranging from aesthetic to trading, from behavioural, environmental and political responses, shape, construct and develop all aspects of life.
Culture, creativity and the arts are the levers that create the background of every production, at every stage and level of human evolution.
The strongest outcome of culture is the laws and rules, because culture explicates the societal norms and peoples’ behaviour, which determine the ways we lead our lives. Culture and laws form two different well-defined and progressive notions.
While culture and laws maintain their current state, it is necessary to look through the existing international and national legislatures for new, viable, strong and flexible international cultural policies that reflect the contemporary needs of the people, creators and cultures.
While perfection drives the cultural sectors and the arts, imperfection and lack of balance defines social balance.
The Culturalisation of Democracy and Democratisation of Culture are two basic objectives of the ACCEI actors and ICCIRA.
INTERNATIONAL CULTURAL AND CREATIVE INDUSTRIES
STATEMENT OF PRINCIPLES
ICCIRA is committed to the following principles and requires that its Members subscribe to such principles:
- Open decision-making and participation in the affairs of the Foundation, including accountability and transparency.
- Commitment to the subsequent rights and freedoms as they are established by the Universal Declaration of Human Rights, and further enumerated at the International Covenant on Civil and Political Rights – ICCPR.
- Dedication and full adoption of the UNESCO 1972 World Heritage Convention, as well as the UNESCO complete content of the established Culture Legal Instruments, Conventions, Recommendations and Declarations.
- Adoption of the UNESCO and UNCTAD conventions, articles and directives in their legal aspects, in order to cooperate with and promote coordination among international Arts, Cultural, Creative and Entertainment Industries organisations which have similar purposes and aims.
- Fidelity and support to the constitutional aims and causes of ICCIRA’s Trustees and Stakeholders, through research, promotion and advancement of legal and regulatory matters, which are related to Trustees and Stakeholders’ aims and causes, and are demonstrated by continuing loyalty and commonly designed initiatives leading to social coherence.
- Name of the Establishment and Registered Office
- The name of the Foundation is “INTERNATIONAL CULTURAL AND CREATIVE INDUSTRIES REGULATORY AUTHORITY”.
- The abbreviated name of the Foundation is “ICCIRA”.
- The registered office of the Foundation is agreed to be in Brussels, Belgium.
- The full name of the Foundation constitutes an intellectual property of the Organisation, which was founded by Panayiotis Neufelt with the assistance of Co-Founder Christos-Laurence Neufelt-Boras (official registration 2015).
Our vision is a socially acceptable, responsible, prosperous, sustainable and environmentally friendly global cultural, and a creative legal system and economy, underpinned by international, national, regional, local cultural policies and legislation. These facilitate the conduct of business for cultural and creative industries enhancing creativity and social coherence.
- To serve as the apex body for cultural and creative Industries regulation, coordination and voice globally.
- To research, devise and advocate for cultural and creative industries standard setting instruments, which are relevant and appropriate to varying local conditions. To promote global uniformity and definition in the ACCEI divisions, professions and sectors of the ACCEI laws.
- To promote the administration of justice, in the ACCEI fields and sectors, under the rule of the ACCEI laws and agreements, among the governments, corporations, foundations and organsations (NGOs and NPOs), and the peoples of the world.
- To scrutinise international cultural and creative industries themes, strategies and ideas. To present alternatives where necessary, initiate and proactively campaign at international level for standard setting instruments, which are priorities and appropriate to local conditions.
- To advance the science of cultural and creative industries jurisprudence, in all its phases and evolvement.
- To affiliate, establish, liaise and maintain relations with Ministries of Culture, cultural and creative industries chambers, national and international cultural and creative industries bodies and regulators.
- To assist unions, associations, NGOs and NPOs, societies and clubs.
- To support cultural policy-makers and advocates working in or connected with regional and national Ministries of Culture, cultural and creative industries chambers, bodies or regulators. To assist unions, associations, NGOs and NPOs, societies, clubs and their Members to improve their professional discipline and organisation’s prominence.
- To affiliate, establish, liaise and maintain relations with International Bar Associations, Law Societies and their Members Internationally.
- To affiliate with relevant intergovernmental and multilateral organisations.
- To collect and distribute information, ideas, publications and other material concerning cultural and creative industries stakeholders globally.
- To build a strong and active Membership of national and regional chambers of cultural and creative industries, as well as to encourage and support the setting up of the same.
- To produce publications, online material (blogs, etc.) and research that articulate/represent ICCIRA’s perspectives concerning the ease of doing business on an international, national, regional and local level.
- To facilitate and encourage robust local debate and theorising about cultural and creative industries, recognising the national regional geopolitical and economic conditions.
- To build policy-making, implementation, monitoring and evaluation capacity within ICCIRA.
- To build and sustain an online resource library on global cultural and creative industries for policymakers, scholars, academics and other actors.
- To develop online platforms moving smoothly to the fourth industrial revolution which is led by “cyber-physical systems” involving entirely new capabilities for people and machines, advancing with the use of contemporary economic, financial, scientific and technological tools, to the new digitised era, assisted by appropriate online hubs, social media environments and other welcoming platforms to facilitate users to comprehend their abilities while encourage participatory practices and welcome, embrace and validate incoming information, data, trends and related communications.
- To promote, support and protect artistic, cultural, creative, heritage, social initiatives and works, through the advancement of global legislature, and the legal and regulatory framework.
- To organise, promote and defend the aims and principles of ICCIRA, as outlined in its Constitution.
ICCIRA may take all appropriate action in the pursuit of its aims. It maintains its capacity to correspond to, rise and intervene in official, judicial, administrative, arbitral and other proceedings.
A single Member does not have the aforesaid capacity; however, in a given proceeding, the Founders, Trustees, Stakeholders or the Board of Directors may authorize (in a recorded manner) a Member to act on ICCIRA’s behalf.
The International Cultural and Creative Industries Regulatory Authority is a mission and reason-based organisation using a mixture of established governance models:
- Top Management (policy, patron, advisory and leadership governance)Founders.Trustees (public and private sector global legal entities and individuals, with substantial financial contribution and limited voting privileges).Stakeholders (public and private sector ICCIRA Members, legal entities, associations, unions, NGOs and NPOs).Board of Directors (individuals often also representatives of Member organisations).Chief Executive Officer (individuals appointed by the Founders).
- Middle Management (advisory and governance management)Legal and Bilateral Agreements DepartmentDepartment of Economy, Finance, Investment and RemunerationFunding DepartmentGovernance, Risk & Compliance DepartmentHuman Rights DepartmentHuman Resource DepartmentDepartment of Arts, Culture, Creativity and AestheticsACCEI DiplomacyDepartment of Research and AcademiaDepartment of Strategic PlanningHealth, Safety and SecurityMarketing
- Executive Directors (international, national or discipline, internal or external)
- Ambassadors Extraordinary and Plenipotentiary
- Advisory Board (federations, associations, organisations, public or private entities and individuals)
- Promotion and Public Relations
- External Associates
- Operational Management (cooperative, creative, legal, advisory and management governance)Directors (legal, management, creative)Credentials CommitteeResearchersCreativesLawCoordinatorsAdministratorsOperators
- External and OutsourcingPublic EntitiesPublic RelationsSocial NetworkingLegal and RegulatoryBanking and Financial InstitutionsHealthcare and Wellness Institutions
- Technology, Internet, Artificial Intelligence A.I. and IntangiblesDepartment of TechnologyOther Outsourcing CompaniesInternetIn-house ManagementOther Outsourcing Companies
- Artificial Intelligence
- In-house Management
- Other Outsourcing Companies
- Research Department
- Intellectual Rights
- Innovation and Patent Rights
- Quality Control Intellectual Rights
- Surveys Intellectual Rights
- Trustees, Stakeholders and Affiliate Organisations (except Financial, Political Institutions and Relevant Organisations as stated in Part 3)Arts, Cultural, Creative and Entertainment Industries Organisations, Federations, Associations, NPOs and NGOs, and other CompaniesPublic Entities
- Founders, Trustees, Stakeholders, Board of Directors, Chief Executive Officer and Organisational Structure
ICCIRA is an organisation using available technological means, innovative and advanced digital communication and management systems, in order to offer everyone connected the opportunity to communicate smoothly and openly.
ICCIRA, in terms of global presence, representation and governance, is governed by its Founding Members, Trustees and Stakeholders, the Board of Directors, and the Chief Executive Officer, which fall in the following analytical categorisation.
ICCIRA, if conditions permit, may maintain a secretariat and headquarters, in a city or a country of its preference. ICCIRA’sOrganisational Structure is as presented below:
- ManagementFounders (hereinafter also called Trustees):hold Honorary, non-executive position (exceptions may occur and, in some cases, may be decided with the advice of Trustees, Stakeholders, Board of Directors and Chief Executive Officer);preserve the right to impose a veto for any decision making, which occurs at all levels of the Leadership and Management of ICCIRA;do not have the right to vote, unless they are Trustees, Stakeholders or/and Members of the Board of Directors;preserve the right of veto for any decision making related to Constitutional, Parts, Articles, Internal Rules and Regulations Manual amendments or changes; preserve the right to vote over Constitutional, Parts, Articles, Internal Rules and Regulations Manual amendments or changes.are self-appointed or appoint all, or at least one Member, for the role of a Member of the Board of Directors, who will be representing the Founders;are self-appointed, exclusively appoint or recommend a Chief Executive Officer;appoint, recommend or sponsor any other Member;in case of Founders voting disagreement between Founders, the Founders’ decision making is superior to Co-Founders’ position or decision;
- to support and encourage the Trustees the Stakeholders’ constitutional interests, business coherence and positions;
- approve funding recommended by the Board of Directors and Chief Executive Officer;
- approve personnel and associates’ integration;
- Founders’ expenses such as Travel, accommodation, local transfers, communications, board meetings etc. are covered by ICCIRA or may be covered by Sponsors. Detailed analysis exists in the Internal Rules and Regulations Manual.
- Provisions of this Constitution related to Founders (progenies), intellectual and Foundation rights and interests are hereditary and immutable.
- If a Founder becomes an Honorary Chairman, he does not lose his voting rights and powers over Constitutional amendments and changes.
- The Founder can resign from his typical or selected responsibilities, apart from voting for constitutional changes and amendments, and appointing CEO responsibilities, which are obligatory unless stated otherwise, as it is presented in the Internal Rules and Regulations Manual.
- Trustees and Stakeholders:
- Trustees can become only the:
- Trustees can become only the:
- Established Global ACCEI and other non-financial, non-political non-religious organisations with demonstrated history and capacity to contribute financially and in kind the operational circles of ICCIRA.
- Exceptions: individuals cannot become Trustees unless they represent a global organisation or are:
- established ACCEI International V.I.Ps with non-voting rights and operational involvement to ICCIRA’s operation and organisation.
- Stakeholders can become the: Established International, National or Local ACCEI Associations, organisations, NGOs and NPOs, Public or Private Entities, Companies.
- Exceptions: Individuals cannot become Stakeholders unless they represent an international, national, local organisation.
- Founders can become Stakeholders only if they represent a Stakeholder Organisation, Member of ICCIRA.
- Trustees and Stakeholders hold an Honorary, non-executive or semi-executive position;
- Exceptions: individuals cannot become Trustees unless they represent a global organisation or are:
- Trustees and Stakeholders usually consists of representatives of:
- governments or Public entities, such as Ministries or other related public bodies, institutions or associations;
- global or International Organisations, Federations or Associations;
- NGOs, NPOs;
- For all the above criteria may apply.
- Exceptions: Banking, Financial, Political or Religious organisations, institutions or representatives of the above-mentioned organisations or sectors, cannot become or hold the positions of Trustees, Stakeholders, Members of the Board of Directors, or CEOs of ICCIRA.
- preserve the veto power for decision making related to the constitutional interests of the organisation they represent;
- for matters related to specified cultural and creative sectors, not for constitutional amendments, they have the right to vote through a referendum, in order to adopt a resolution, which can be recommended for further consideration by the Founders, Trustees, Stakeholders, Board of Directors and the Chief Executive Officer (for operational matters);
- Stakeholders recommend and approve Members of the Board of Directors;
- governments or Public entities, such as Ministries or other related public bodies, institutions or associations;
- recommend Chief Executive Officer;
- appoint, recommend or sponsor any other Member;
- approve or disapprove all types of agreement (forming committee) related to their discipline or sector;
- approve personnel and associates’ integration;
- preserve the right of veto for agreements directly or indirectly influencing their constitutional aims and articles;
- approve funding recommended by the Board of Directors and the Chief Executive Officer;
- recommend Constitutional Changes;
- provisions of this Constitution related to Stakeholders (also in relation to Mergers or Transfers), rights and interests are hereditary and immutable;
- in case of legal entity, i.e. organisation, corporate, NGO merger, power transfer memorandum, articles’ changes, new MoU or Agreement signed with ICCIRA may be needed.
- Board of Directors (hereinafter called The Board): is appointed every two years by its Founding Members, Trustees and Stakeholders. The Board has a Semi Executive role within ICCIRA;
- recommends a Chief Executive Officer, and/or advises the Founders, Trustees and Stakeholders;
- recommends and/or approves through voting, if this is the case, Members of the Board of Directors;
- appoints a secretariat – part-time or full-time – in order to manage its affairs. Appoints with the assistance and approval of the Chief Executive Officer, directors, managers, coordinators, administrators and other staff, as well as outsource staff and services;
- recommends, sponsors or approves any other Member;
- approves certain types of agreement (analytically in the Internal Rules and Regulations Manual);
- Board Members’ expenses such as Travel, accommodation, local transfers, communications, board meetings, etc. may be covered only by Sponsors. Detailed analysis can be found in the Internal Rules and Regulations Manual.
- Chief Executive Officer (hereinafter called CEO):
- supports the decisions of the Founders, Trustees, Stakeholders and the Board of Directors of ICCIRA;
- is appointed by the Founders in priority or Trustees and/or recommended by Stakeholders;
- holds an executive position;
- places, recommends or approves Members of the secretariat;
- recommends and/or approves personnel placements, in collaboration with the Human resources department. Upon approval by the Board of Directors the CEO can appoint directors, managers, coordinators, administrators and other staff, as well as outsource staff and services;
- designs, assists, organises and approves ICCIRA production lines, management, financial and marketing strategy;
- approves marketing and promotion operations, synergies and initiatives;
- organises the Executive Directors;
- oversees all management structures and financial collaborations of ICCIRA;
- oversees the financial strategy and approves funding and expenditure, monitoring remuneration and spending;
- manages an additional special account only for expenditure related to ICCIRA production, research, marketing, promotion and financial support lines, set by the Founders and Trustees with the recommendations of the Board of Directors and the Financial Department. The special CEO account should not gather funds less than five per cent (5%) or more than seven per cent (7%) of the total ICCIRA capital available.
- Excess capital of more than seven per cent (7%) is considered as surplus capital and is deposited in the general bank account of ICCIRA, at the end of each year.
- If the CEO account capital is less than five per cent (5%), at the end of the year, the needed capital is added by the general bank account of ICCIRA, without requiring prior approval of the Board of Directors.
- For all other spending (non-related to the CEO special account) such as production lines spending, remunerations and supporting financial external proposals through the CEO account, a unanimous approval of the Board of Directors and the CEO is obligatory.
- Preserves the right of veto upon any managerial, operational, marketing and promotional decision making by the Board of Directors.
- Expenses such as Travel, accommodation, local transfers, communications, board meetings etc. may be covered only by Sponsors. Detailed analysis can be found in the Internal Rules and Regulations Manual.
- Other Members of ICCIRA are distinguished as:
- legal entities
- service providers
- sponsors, donors, promoters
- All Members of ICCIRA may participate in training, online and physical conferences, seminars and other events.
- Management Manual
Full analysis of all Top, Middle and Operational Management levels job description is available in the Internal Rules and Regulations Manual.
- Objectives and Aims
Objectives and aims for the establishment of ICCIRA are:
- The identification, documentation, evaluation, study and interpretation of current needs, (including and not limited to social, economic, financial, political, administrative, management centred, cultural related phenomena and complications, system defects and faults), which appear in the private or public sectors in the arts, cultural and creative industries.
All according to the following thematic and organizational general classifications and categorizations as presented by standard-setting intergovernmental and non-governmental organisations in the field of cultural and creative industries.
Researching, analysing and presenting concerns, argumentations and documentations, using a variety of methodologies on a case-by-case basis, as well as articles, recommendations on legal matters and regulatory frameworks, more analytically in the sectors below:
- Regulatory Framework
- Recommended International Regulatory Framework
- National Laws (Per Country)
- International Directives
- UNESCO Framework
- Bilateral Agreements
- Economic Laws/Regulations
- Financial Laws/Regulations
- Regulatory Framework Model (Recommended Civil Aviation Authority CAA)
- Regulatory Platforms
- Legal, Regulatory Paradigm
- Legal, Regulatory Archive
- Precious Metals and Gems Regulatory Framework
- Social Matters
- Flora & Fauna
- Zoology, Entomology
- Lakes & Rivers
- Seas & Oceans
- Natural Monuments
- Other Natural Resources
- Health, Safety & Security
- Inclusion and Disability
- Sexual Orientation
- Inclusion (other)
- Economy, Finance
- Investors Relations
- Financing Culture
- International Programs
- Continental Programs
- Local Programs
- Lifelong Learning
- Exchanges Residencies
- Archaeological Sites
- Contemporary Historical Sites
- New Architecture
- Creative Industries
- Performing Arts
- Visual Arts
- Fine Arts
- Amateur Non-Professional
- Precious Metals and Gemstones
- Personal Ornaments
- Precious Metals
- Gold Framework
- Artistic Value
- Legal Framework
- Cultural Insurance
- National Insurance
- International Insurance
- Chemical Non-Chemical Substances
- Mobility Travel
- Trade Union
- NGO’s NPO’s
- Collective Agreements
- Work Space
- Laws Govern Unions
- Labour Relations Acts
- Labour Management
- International Bodies
- Local Bodies
- Space & Technology
- Para Culture
- Non-Cultural Culture
- Connected Industries
- Tourism & Hospitality
- Data Information
- Fashion Apparel Shoes
- Printed Book Industry
- Connected Public Sectors
- Other Public Entities
- Banking System
- Cultural Management
- Cultural Economy & Finance
- Cultural Politics
- Cultural Policies
- Cultural Understanding
- Cultural Statistics
- Cultural Ethics
- Cultural Studies
- New Cultures
- Space & Culture
- Unknown Cultures
- Post-Cultural Research
- Para-Cultural Research
- Anti-Cultural Research
- Inter-Cultural Relations in the following Continents & Regions:
- Central Africa
- Central America
- Central Asia
- Communities North Pole
- Communities South Pole
- Far East
- Middle East
- North Africa
- North America
- Pacific Islands
- South America
- Southeast Asia
- Southern Africa
- Sub-Saharan and Western Africa
- The International Cultural and Creative Industries Regulatory Authority achieve its aims, taking into consideration the public interest, according to its Constitution, Manifesto and Mission Statement, which allows ICCIRA:
- to encourage the progress of learning and research into the field of international cultural and creative industries law;
- to conduct research into the field of global cultural and creative industries constitutionalism, following analysis and documentation, describe and explain the identified and examined elements and trends;
- to develop among the connected or related cultural and creative Members of the ‘nascent artistic’, creative and cultural ecologies, mutual understanding and goodwill, in matters related to the local, national and international legal and regulatory framework;
- to offer recommendations to governments, ministries and public entities, on matters related to global cultures and creative cohesion and wellbeing, and to promote related collaborative programmes;
- to research, analyse and measure the qualitative factors of international legal phenomena, in relation to national and local principles and practices. To present these findings to the ‘cultural actors’, encouraging the respect for other cultures, traditions and trends;
- to observe, record and monitor the local, national and international Arts, Cultural, Creative and Entertainment Industries (ACCEI) legal framework. To publicise, in favour of the public interest, relevant findings, researches, results and recommendations;
- to support the acceptable, legitimate and moral social objectives and missions through ACCEI works. To make publicly available the ACCEI needs and standards, through the promotion of sound policy;
- to comprehend the needs of ACCEI sectors, through an international legal and regulatory progressive spectrum. To create basic standards, which encapsulate the spirit of inclusion;
- to deal with the national and international ACCEI sectors inequalities that occur due to implementation of non progressive policies and mismanagement, which ACCEI actors and organisations anticipate;
- to ensure through performance of high standards, as presented in the ICCIRA Internal Rules, Policies and Procedures Manual, the UNESCO and other regulatory bodies’ recommendations compliance, across the international and national legal sectors and legislature;
- to protect consumers’ needs and interests, within ACCEI sectors and connected industries, offering legal services, in an approachable, inclusive and practically sound manner;
- to participate in relevant cultural, political, social events, conferences and meetings, at a local and international level.
- to exchange knowledge with other regulators and law enforcement agencies, in order to remain updated and informed on national and international law enforcement and legislative developments, in the field of social, cultural and political events;
- to protect the ACCEI sectors, in favour of the ACCEI actors and the public interest, through open and wide dissemination. To promote third parties modern, updated, innovative legal and applicable business models;
- to investigate, record and preserve ACCEI reports on legal matters and standards of practice and compliance, by recommending legal action, negotiating, mediating and scrutinizing the entities that fails to comply;
- to analyse law firm’s litigation, ensure connected organisations, comply with the rules and regulations of the ACCEI sectors, and deliver the highest quality legal services, with the support of established law firms and organizations;
- to develop and build partnerships and collaborations with local governments, administrative bodies, institutions and agencies, while working with independent law firms, assisting the ACCEI actors;
- to strengthen public and sectors’ confidence, locally, nationally and internationally, in order to identify non-compliance risks and promote related recommendations, in order to respond appropriately;
- to promote and foster excellent creative industries, entertainments, artistic and cultural corporate relationships with others;
- to carry out and promote both Skill Acquisition improvement and educational Scholarship. To educate, encourage and support the local population in business seminars by working with statutory and non-statutory agencies and in partnership with ACCEI;
- to protect a sustainable environment, preserving the cultural heritage, safeguarding social coherence, securing equality, scrutinizing deculturalisation and poverty, and investing in the arts, culture, creativity and societies. These are key points of our quest, as currently in many cases, they appear to be abused, restricted and imperfect;
- to promote creativity along with peace, which all ACCEI actors, firms and organisations need to adopt and comply promptly, through a specified sustainable governance framework;
- to study, develop and implement the ACCEI sectors’ principles of equitable managerial practices. To assist the ACCEI firms, develop a culture of responsibility and trust, to identify risks and take steps to mitigate;
- to promote, in any practically feasible, peaceful and legitimate means, the comprehension, equality, social and cultural cohesion, freedom of speech, expression, relativity and unity amongst societies;
- to contribute in the optimisation of the quality of peoples’ lives, in neighbourhoods, communities and societies, through the creation, development and dissemination of ACCEI support programs;
- to provide authoritative guidance and rules for attorneys, on ethical issues, cultural laws, bilateral agreements and regulations that affect the qualities of the ACCEI environment, creativity and wellbeing;
- to run a Special Culture Draw, Reward and Reimbursement Reserve. To support ACCEI with funding cultural actors and organizations that have lost money as a result of legal, financial, insurance failure or environmental elements;
- to create international, financial support programs specifically designed to support the ACCEI needs, on a non-commercial and commercial level, specifically focusing on the first stages of ACCEI’s productions;
- to tackle anti-money laundering (including counter-terrorism financing and counter-profiteering financing) in the ACCEI sectors. Equip and support with legal tools the cultural heritage protection agencies through research and monitoring, in relation to ACCEI endeavours and developments;
- to supervise related monitoring procedures complying with the rules and regulations of the ACCEI sectors. To this end, ICCIRA aims to assist firms promoting elements of high standard of compliance;
- to issue the Cultural Passport and Visa for the ACCEI actors enabling them to move openly from country to country, haste free, validating the par excellence borderless nature of cultural mobility and creativity;
- Mobility should be assured on a gradual basis following international directives, in cases such as pandemics, disasters or other phenomena which may have negative impact to healthcare, societal, financial, trading, wellbeing and cultural normality;
- to introduce an ACCEI type of company (proposed name Cultural Actors “C.A.”), which could operate free of corporate restrictions worldwide, and introduce the International Cultural and Creative Industries Treasury ICCIT.
- Note: During the first stages in ACCEIs’ productions, the ACCEI actors are vulnerable to firms, and their creative work is not protected. ICCIRA creates room for newcomers, so as to enter and protect their rights, create freely having control of their productions against third parties who may usurp or take advantage of their work. ICCIRA offers to artists sound legal tools, through its recommendations and the opportunity to work with pride and honour, scrutinising deculturalisation, in favour of the public interest.
- to serve as a governing body for cultural and creative Industries regulation, coordination and voice globally;
- to research, devise and advocate for cultural and creative industries’ standard setting instruments that are relevant and appropriate to varying local conditions;
- to cross-examine international cultural and creative industries standard setting instrument’s themes, strategies and ideas. To present alternatives, initiate and campaign at the international level, for standard setting instruments that are priorities and appropriate to local conditions;
- to provide support to cultural policy-makers, advocates working in, or connected to regional and national chambers of cultural and creative industries;
- to affiliate with relevant intergovernmental and multilateral organisations;
- to collect and distribute information, ideas, publications and other material to cultural and creative industries stakeholders globally;
- to build a strong and active Membership of national and regional chambers of cultural and creative industries, encourage and support the setting up of the same;
- to produce publications, online material (blogs, etc.) and research that articulate/represent ICCIRA perspectives on international, regional, national and local ease of doing business themes;
- (in recognition of varying national and regional geopolitical and economic conditions) – to facilitate and encourage robust local debate and theorising about cultural and creative industries;
- to build policy-making, implementation, monitoring and evaluation capacity within ICCIRA;
- oo build and sustain an online resource library on global cultural and creative industries, for policymakers, scholars, academics and others;
- (proactively) – to promote and defend the aims, principles and practices of the ICCIRA, as it is outlined in its Constitution.
- Methodology, Actions, Practices and Approaches
ICCIRA serves as a network hub that stimulates connections between creative professionals, arts administrators, political entities and scientists, in order to catalyse and organize projects and events that promote cultural identity on the regional, national and international levels.In realisation of its objectives, the Board of Directors of ICCIRA, the Executive Directors and Management team, in collaboration with third bodies and specialists, will:
- organise international summits, conferences, meetings, and regional symposia, on scientific political and practical problems and issues, within the field of national and international cultural and creative industries law and regulatory frameworks;
- work together with associations, organisations, institutions, private and public sector entities and individuals;
- introduce publications and papers from regulatory meetings with the aim to aid in the publication of other scholarly works, in the field of cultural law;
- stimulate the presentation and collaboration of cultural, and related science, research and studies, especially among younger scholars/artists and established experts;
- research, analyse and present concerns, argumentations and documentations, by using a variety of methodologies, articles, recommendations on legal matters and regulatory frameworks more analytically in the sectors as stated in Part 4;
- support the economy of creative professionals by providing updated materials regarding market conditions, business planning and strategy, administration, organisation and execution;
- participate in relevant events internationally; review and evaluate proposals by cultural actors who work or are engaged in the ACCEI sectors;
- create and organise a database containing information on the legal and regulatory framework of the ACCEI environment;
- partner and collaborate with the authorities of States, local governments and authorities, with any scientific and intellectual organization worldwide or other chambers, associations, unions, federations, public and private organizations sharing the same or similar aims;
- facilitate relations between citizens and representatives of the states, and stimulate the spread of the spirit of cultural solidarity;
- study, develop, implement and deploy principles of good practices and administration, according to the applicable international and national laws, rules and regulations, in different countries and ACCEI sectors;
- develop and deploy principles and certain procedures of high-quality standards related to its aims, and evaluate or validate criteria, as well as publicise and promote works and literature related to its aims;
- develop European programs and initiatives, offered by the EU Commission aiming at the promotion of ICCIRA ‘s goals;
- develop international programs and initiatives, collaborate, and present proposals to International Funds, Foundations and Associations, raise funds and receive contributions where appropriate and finance the work;
- formulate teams of consultants, working groups and committees that will undertake the organization and coordination of ICCIRA ‘s activities, research and initiatives, as well as promote talent/skillset enhancement support programs;
- reinforce artists, cultural organizations, associations, foundations, organizations aiming to support connected organizations and preserve the local or national Cultural Heritage legacy of artifacts (cultural property) and intangible attributes of a group or society, which are inherited from past generations, maintained in the present and bestowed for the benefit of future generations; including tangible culture (such as buildings, monuments, landscapes, books, works of art, and artifacts), intangible culture (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscapes, and biodiversity), using all the financial or managerial or promotional means ICCIRA has at its disposal;
- encourage and organize international working groups, meetings, assemblies and events, and raise social awareness and actions by serving the public and the stakeholders’ interests;
- follow operational and management practices and routines such as:
- organise meetings, training courses and events;
- implement rules and standing orders for categories of Members and their rights;
- liaison with banks and international or other authorities (open bank account), deal with providers and companies such as insurance companies, corporations, sponsors, NPOs, NGOs and others;
- work with experts, groups exchanging information and advice with them;
- promote the civil, political, economic, social and cultural rights of people through legislation and practice;
- collaborate with cultural and social forces attached to the promotion of human rights, cultural development and democracy;
- develop a constitutional and democratic conscience;
- take any lawful action, in order to fulfil ICCIRA’s aims.
- Legal and Not-For-Profit Status
- ICCIRA is a non-profit organisation, it is a Foundation.
- ICCIRA is a legal entity in its own right and will continue to exist even if the Members change or depart.
- ICCIRA may own property, open bank accounts, borrow money, enter into contracts, and sue or be sued in its own name.
- It is a social enterprise, independent of any government or government agency. Although it may accept funding from third independent or governmental bodies (such as other institutions or ministries) or provide paid or voluntary services to third independent or governmental bodies, it will do so as a politically independent, non-partisan organisation.
- Members of ICCIRA are free to participate in political parties, religion groups or communities of their choice as individuals rather than Members of ICCIRA.
- The income and property of ICCIRA will be used solely for the promotion of its stated and constitutional objectives, staff and office-bearers have no rights to the property or assets of ICCIRA, solely by virtue of being Members, staff or office-bearers.
- No portion of the income or property of ICCIRA will be paid or distributed directly or indirectly to any person, or to any of its Members, except as reasonable compensation for services actually rendered to, either on behalf of the Foundation or as reimbursement of actual costs or expenses reasonably incurred on behalf of the Foundation.
- ICCIRA is managed by the Board of Directors that consists of the Chairman (a Founder can hold the position of the Chairman of the Board), Vice President, General Secretary, Treasurer and three Board Members. ICCIRA is also managed and organized by the Chief Executive Officer and the Executive Directors
- The Executive Directors types are:
- ICCIRA Executive Directors (international)
- Country Executive Directors (national)
- Discipline Executive Directors (per sector)
- The Members of ICCIRA are distinguished as: the Founder, the Honorary i.e. Trustees and Stakeholders, the Full Members (individuals or legal entities), the Subscribers Under Probation or Apprentices (only individuals), the Temporary (individuals or associated companies and providers).
- Every Member, other than the Founders and Exceptional Honorary Members (individuals who do not represent a third organization are without voting powers endorsed or sponsored by Founders, Trustees, Stakeholders or the Board of Directors, Chief Executive Officer), will pay an annual subscription of an amount to be decided by the Board of Directors.
- Subscriptions are payable annually in advance.
- Selection, Registration and Appointing Members
- In case an individual wishes to be selected or registered as a Member under any category, he/she needs to be nominated by at least five (5) regular Members prior to his/her written application and signed by the regular Members who have proposed him as a new candidate Member. The application document will be available by the Secretariat or through the ICCIRA pages.
- One Member of the following ICCIRA Members Categories can sponsor and approve a new coming Member entry to ICCIRA: Founders, Trustees, Stakeholders, Board of Directors, Executive Directors or Ambassadors.
- A registration of a new Member of any category is completed when the new Member’s signed application is approved unanimously by the Board of Directors, followed by the initial acceptance and recommendation by the new Member’s Sponsors.
- The only exception to this is the election of the under/on probation-Subscribers.
- The under/on probation-Subscribers are eligible to apply to become Members after a period of three (3) years from their designation and approval by the presiding Board.
- If an application for Membership is rejected, a new application can be made only after the end of the current year.
- Any individual or legal entity can fill a form, in order to become a Member of ICCIRA.
- Individuals can apply for Membership in ICCIRA, on condition that they are involved in any way to the arts, cultural and creative industries, they have no criminal record (examined on a case by case basis), they can provide documents which prove their country of origin, and can communicate with others at any level and in any way, even with the assistance of another person or a carer (not necessarily an ICCIRA Member) with at least one Member, associate, friend or supporter of ICCIRA and vice versa.
- If in the opinion of the Board an applicant is not qualified to be a Full Member, the applicant or Individual Member will be notified in writing via email of the Board’s decision. The applicant will be entitled to appeal against the decision within 28 days from the date on which the decision was issued to the applicant. Any such appeal will be sent in writing for the attention of the Secretary of the Board.
Eligibility for Organisational Membership
- Any international, national or local, public or private ACCEI organisation such as a Ministry of Culture, pubic legal entity, corporation, NGO or NPO, and group of people or individuals, will be eligible to become a Member of ICCIRA.
- Any corporation, organisation, partnership or grouping of Members of the banking and finance profession, political party or religious organisation, churches and group of people or individuals that primarily exercise and conduct these professions, will not be eligible to become a Member of ICCIRA.
- Admission as a Member Organisation
Any organisation wishing to apply for admission as a Member of ICCIRA will fill an application only through the official website accompanied by:
- A copy of its Constitution or Certificate of Incorporation and other available documents, a brief history and objectives of the applicant;
- If the applicant is a corporation needs to provide the number of employees, and if the applicant is an association or a Membership organisation the number of employees and separately the number of Members.
- the names, valid addresses, telephone, website and e-mail addresses of the Chairman and the Board of Directors or other officers;
- payment of the annual dues for the current admission year;
- ICCIRA may require additional information necessary to validate the applicant for Membership.
- Should there be, a Global or International Full Member Organisation and Stakeholder of ICCIRA, which represent the interests National or Local organisations of the branch of the profession concerned, as the case may be, ICCIRA should independently accept to admit to Membership a National or Local Organisation applicant, according to rules of the branch of the profession order.
- An applicant for admission as a Full Member Organisation whose application has been rejected will not thereby be debarred from applying again, if he is able to bring evidence of changing circumstances or new facts which would, in the opinion of the Credentials Committee, justify a new application.
- Admission to Individual MembershipAny Member of the ACCEI Profession may fill a written form in order to become an Individual Member, and in such category will be determined by the Board of Directors and in a form that the Board may approve, to ICCIRA accompanied by payment of the dues for the then current year. Any applicant in order to become an Individual Member will certify on application the grounds on which the applicant claims to be entitled to admission to Membership.Any Individual primarily exercising and conducting professions non related to the ACCEI fields may not be eligible to become a Member of ICCIRA. Nevertheless he/she is welcome to apply. Additionally, this applicant may be requested to provide further information related to his/her interest accompanied by evidence and facts which would, in the opinion of the Credentials Committee, justify this application.Regular Members may be appointed by the Board of Directors, provided they have completed 3 years of Membership since their registration and have attained the age of majority.An individual Member or non-Member could be entitled to become an honorary Member.The decision on the appointment of a Member is taken after the unanimous decision of the Board of Directors and/or Founders, Trustees, Stakeholders or the Chief Executive Officer.
- The number of regular Full Members is unlimited.
- Under/on probation-Subscribers can be registered as Members, after a unanimous decision of the Board of Directors, or after recommendation by at least five regular Members (application form should be provided), or by one Member of the following ICCIRA Members Categories: Founders, Trustees, Stakeholders, Board of Directors, Executive Directors or Ambassadors.
- The number of probation-Subscribers Members is unlimited.
- Apprentices and interims are the Members who have been selected, in order to cover specific positions in the organization on a voluntary basis, they are considered to be non paid volunteers, and pay Membership fees.
- The number of the registered volunteers, apprentices and interim Members nationally or internationally is unlimited.
- The free of subscription Full Member is a temporary status of a Member. The duration of Membership is agreed by the Board of Directors and approved on a case-by-case basis.
- To become an ICCIRA Member, one has to have attained the age of eighteen (18).
- Members that are unable to fulfil the financial requirements of Membership due to specific acceptable reasons, will be granted a free subscription, revised annually by the Board of Directors. The number of these Members cannot be greater than the two per cent (2%) of the number of all types of registered Members.
- Details regarding Members and Membership are presented in the Internal Rules and Regulations Manual.
- Members’ Reserve Power
- The Members may by special resolution recommend to the directors to take or refrain from taking specified action.
- Special resolutions are non-retroactive and cannot invalidate decisions or actions taken by the directors prior to its partial/full approval, or denial.
- Rights, Privileges, Duties and Obligations of Members
- ICCIRA has established specific rights, obligations and responsibilities regarding Member conduct. These rights, obligations and responsibilities are referenced in this Constitution, a document that describes the fundamental principles of the organization, and are presented in the Internal Rules and Regulations Manual.
- A Member of ICCIRA is expected to adhere to the obligations of the organisation. Respecting the Code helps ICCIRA to work on behalf of cultural actors, artists, lawyers, and constitutionalists, as well as cultural and creative economy and management specialists in order to:
- improve working, social understanding, administrative, management and funding conditions;
- advance the cultural and creative professions, and the causes of cultural and creative organisations;
- raise the status of artist, administrators, technicians, investors, business people and workers;
- ensure a healthy professional cultural and creative industries environment, and
- advocate for social justice, equity and equality.
- In this sense, individual responsibility within collective action is a priority.
- An active Member has full rights, privileges, and responsibilities of Membership in ICCIRA, unless limited by disciplinary action taken in accordance with Disciplinary Procedures as described in the Internal Rules and Regulations Manual.
- The rights of an active Member are:
- to attend, participate and vote at meetings of the local branches or Boards;
- to attend meetings of the Representatives Council and the Annual Meeting;
- to lodge a complaint against another Member, in accordance with Part: Disciplinary Procedures;
- to request ICCIRA’s support, through the grievance arbitration process;
- to request ICCIRA’s support for employment-related matters including:
- termination or resignation of employment, if applicable;
- protection from being slandered, libelled, or harassed in any form;
- protection from fraudulent or malicious allegations or charges;
- to request ICCIRA’s support in any problem directly related to professional duties;
- To request ICCIRA’s support in an investigation or disciplinary procedure undertaken by third parties;
- to request ICCIRA’s support for employment-related matters, which are alleged to have occurred when the individual was a Member of ICCIRA or its predecessors;
- An active Member who accepts a position as a temporary or acting Board Member or Chief Executive Officer, which involves any responsibility for the evaluation and/or disciplining of other Members, will have the rights, privileges, and responsibilities of Membership suspended for the duration of the appointment.
- An active Member who accepts a position as a temporary or acting Board Member or Chief Executive Officer may not be the workplace steward for the duration of the appointment.
- The rights of all Members are:
- to attend ICCIRA functions, by invitation, in a voting or non-voting capacity, depending on the requirements, condition and needs presented by the ICCIRA Board of Directors;
- to gain the privilege, through selection by invitation, according to the needs of working with ICCIRA, in case of open call and job opportunities or placement announcement;
- to accept ICCIRA publications, social media and notifications and newsletters, in order to be updated;
- to request that ICCIRA recommends voluntary Membership be granted;
- to serve, by invitation, in ICCIRA task forces, committees and work groups, interim and voluntary or paid work.
- Liability of Members
- No Member, by reason of Membership to ICCIRA, will be liable for any debt or obligation of the Foundation, in the absence of any promise or agreement in writing by such Member to accept such liability.
- Honorary Life Membership Rights and Privileges
Honorary Members are those who are nominated by the Founders or after a unanimous decision of the Founders, Trustees and Stakeholders, upon a Member request or a third part individual; legal entity, for they have supported and provided or continue to provide exceptional services for the promotion of the organization’s objectives and have contributed to this either as citizens, as artists or cultural actors.
- An Honorary Member, with exceptions stated at the Internal Rules and Regulations Manual, cannot become a Stakeholder, Member of the Board of Directors or Chief Executive Officer.
- The rights of an honorary life Member will be:
- to attend ICCIRA’s functions in a voting or non-voting capacity, depending on the requirements or the condition and the needs presented by the ICCIRA Board of Directors and the Trustees;
- to accept ICCIRA publications, social media, notifications and newsletters, in order to be updated;
- to serve, if applicable, on ICCIRA task forces, committees and work groups;
- to attend the annual dinner, international and other meetings as a guest of ICCIRA.
- Code of Professional Conduct
- A Member will:
- recognize ICCIRA as the official voice of all the active Members of ICCIRA;
- adhere to the Constitution, Bylaws and Directives of ICCIRA, read, comprehend and follow the Internal Rules and Regulations Manual;
- support collective bargaining initiatives, including a strike authorized by the Executive;
- refrain from undertaking or supporting actions which undermine established bargaining procedures;
- honour the terms of the collective agreement;
- strive to eliminate all forms of harassment between individuals in the educational system;
- endeavour to ensure equity and inclusiveness in the workplace;
- strive to achieve and maintain a high degree of professionalism and to uphold the honour, dignity, and ethical standards of the teaching profession;
- represent, if asked only by the Board of Directors, Founders, Trustees or Stakeholders, ICCIRA on local, national or international level.
- A Member representing ICCIRA internationally, nationally and locally, as an executive Member will:
- Strive to achieve and maintain a high degree of professionalism and uphold the honour, dignity, and ethical standards of ICCIRA.
- A Member will:
- Consequences of Violating ICCIRA Internal Rules and Regulations Manual and Code of Conduct
- A Member of ICCIRA understands the importance of ICCIRA’s Internal Rules and Regulations Manual and Code of Conduct, and adheres to his/her responsibilities, in order to reinforce the strength of the collective.
- ICCIRA employs the principles of due process and natural justice in investigating alleged violations of the Code. Complaints must be submitted in writing to the General Secretary or the Board of Directors. The procedure for investigating formal complaints is outlined in ICCIRA’s Constitution and/or ICCIRA Internal Rules and Regulations Manual.
- ICCIRA may implement a range of sanctions for a breach of the Code that may include, but are not limited to:
- Letter of Concern;
- publication of the Member’s name in a document or inner circulation newsletter;
- denial of services for a specific period of time;
- suspension of the right to hold office locally and provincially for a specific period of time;
- monetary fines.
- Other Obligations, Duties and Members Fees Discounts
- Board Members unable to attend a meeting can be represented by other Board Members, after a written or verbal authorization (acceptable in an electronic format such as email sent), on the condition that each Board Member cannot represent more than one Board Member.
- Any ICCIRA Member can resign presenting a simple written request (email is accepted) to the Presiding Board, which always consists of the Chairman or President, the Secretary and the Treasurer.
- Board Members unable to attend a meeting can be represented by other Board Members, after a written or verbal authorization (acceptable in an electronic format such as email sent), on the condition that each Board Member cannot represent more than one Board Member.
- Board Members that are absent in more than two Board meetings in a row, without prior notification, should be notified by the Chair of the Board of Directors. In case they either continue not participating in Board meetings or habitually adopt such behaviour, they are considered resigned, lose their powers and are removed without other prior notification. As a consequence, other Members or non-Members are recommended and/or appointed to this position.
- Each Member must provide technical knowledge, skills and experience, for the accomplishment of the objectives of ICCIRA, especially related to matters directly or indirectly linked to the arts, cultural, creative and entertainment industries and educational fields and related sectors;
- all the Members, with exceptions, are obliged to pay such annual dues in such manner and at such time, as will be fixed by the Management Board taking into consideration the articles of the statutes;
- the Board of Directors can decide to increase and decrease alternately the fee for all the categories of Members and it is determined each time by the Board, except for the categories below:
- Developing countries Members: as stated in the Internal Rules and Regulations Manual;
- individuals with proven annual income below 5,000 Euros, as stated in the Internal Rules and Regulations Manual should apply for a discount;
- for people with disabilities or chronic disability, the fee deductions for each Member registration and annual subscription is examined on a case by case basis, as stated in the Internal Rules and Regulations Manual;
- The Board of Directors may in exceptional circumstances, waive in whole or in part the dues payable by any Member, individual or Organisation.
- Trustees and Stakeholders should equally contribute to annual dues or other fees, and it is not obligatory, but welcome to provide further financial support;
- Founders having no financial obligations are welcome to provide financial support to ICCIRA;
- students at private or public universities, university scholars: as stated in the Internal Rules and Regulations Manual;
- single parents or parents who live without the financial support of their spouse due to divorce or death, as stated in the Internal Rules and Regulations Manual;
- dues will be payable in such currency/way that the Board may specify, provided that payment will not be possible in the specified currency/way by reason of exchange control or similar regulations. Payment may be made in such other currency/way that the Board and the Treasurer may approve;
- economic or political immigrants who live and work legally in any country, as stated in the Internal Rules and Regulations Manual;
- individuals who reside in areas affected by natural disasters such as floods, fire, earthquakes, as stated in the Internal Rules and Regulations Manual;
- all Members may be required to pay an additional fee or financial contribution to ICCIRA at any point prior to a justified decision taken by the majority of the Board of Directors.
- The Board of Directors and the Management
- The organization is governed by a Board of Directors, which is composed of seven (7) Members appointed by the Founders and the Trustees.
- The Board of Directors’ term of office lasts for two years (2) plus three (3) months, unless otherwise stated.
- During those three (3) transitional months, after the end of the term of office of the Board of Directors, the leaving Board Members have to inform and train in detail the Members of the new Board, unless the Members remain the same.
- During these three (3) months, the decisions of the Board are made by the outgoing Members taking into consideration the advice of the new Board of Directors.
- After the end of these three (3) months, the new Members of the Board undertake duties and obligations, and are responsible for their decision making.
- The Board of Directors is composed of the Chairman, the Secretary, the Treasurer, the Vice Chairman and three (3) ordinary Board Members (who are appointed by the Founders and the Trustees).
- If a Board Member does not attend unreasonably for more than two (2) regular meetings, it is considered to have resigned and is replaced without prior notification.
- The Board of Directors makes a decision on whether absences are justified or not.
- If there are more than three (3) vacancies in the Board of Directors, they are filled through appointment by the Founders and/or the Trustees.
- Obligations, Rights and Duties of the Board of Directors
Subject to the Articles, the Members of the Board of Directors, sharing their powers with the Chief Executive Officer, are responsible for the management of the company’s business, for which purpose they may exercise all the powers of the company.
- The Board of Directors administers and manages the external affairs of the non-profit organization. It executes its decisions; it deals with all the matters concerning the administration of the organization, in order to achieve its objectives, and decides on the call of the General Meetings and Assemblies.
- The directors, individually or as a Board, after the approval of the Founders and the Board, may delegate any of the powers which are conferred on them, under the following Articles:
- to such person or committee;
- by such means (including by power of attorney);
- to such an extent;
- in relation to such matters or territories; and
- on such terms and conditions;
as they think fit. In special decision-making documentation or other data may be needed to be presented by the Board of Directors, in order to receive approval by the Founders. Any decision making that has an impact to the Trustees or Stakeholders may need separate approval by them. Decision making and/or approval issued per: discipline, sector, or country.
- In case the directors specify any such delegation, may recommend authorisation of further delegation of the directors’ powers by any person to whom they are delegated.
- The directors may revoke any delegation in whole or in part, or alter its terms and conditions.
- The Board draws up the internal regulations of its service, which are subject to approval of the Board.
- The Board manages the assets of the organization always in relation to its objectives and their implementation using the available resources.
- The borrowing is allowed only after an approved, prior to the unanimous decision of the Board, specific financial payment in full, and an insurance plan based on the budget and the income of the next year. All this on condition that the funds of the organization amount to at least two hundred percent (200%) of the amount of the loan (interest free) as a guarantee for the paying off of the loan.
- The Board of Directors may delegate the representation of the company to one or more than one of its Members and establish recommendatory study committees, technical committees or working groups which are called:
- Coordination Committees
- Arts and Relationship Management Committees
- Evaluation Committees
- Development Committees
- The majority of the Board of Directors, including at least one Founding Member, may delegate tasks and responsibilities to any Member, it considers to be appropriate in each case that can play a crucial role by checking their work.
- The setup of the committees and the delegation of responsibilities and tasks take place according to the categories of the art forms mentioned in Part six (6), according to the expertise of each Member, and the proposals they have previously submitted to the organization.
- The Board Members can establish Steering Committees and Coordination Committees of up to three (3) representatives per Committee, for each discipline.
- The majority of the Board Members, including Founders and the Trustees, prior to their decision, can enable Members, to establish local committees of ICCIRA, in order to deal with issues of local interest, always within the framework of the organization’s objectives.
- The Board, prior to the decision by the majority of the Board of Directors, including the Founders and Trustees, can enable Members and Stakeholders, who live in other countries, to establish national, regional or local committees of ICCIRA, in order to deal with issues of local interest, always within the framework of the organization’s objectives.
- Τhe Board is entitled to hire paid staff, for the smooth function of the organization and the implementation of its overall objectives, and it may delegate, at its discretion, to the staff any duty.
- The Board holds a meeting once a month, quarter, semester and year. It is highly recommended to keep a record of minutes, not necessarily in detail.
- It is required to have a regular meeting once a quarter, but casual meetings can be held, if the Chairman of the Board deems it necessary.
- Briefly, the Board meetings are separated into scheduled or non-scheduled meetings.
- The cost of each meeting of the Board is defined by the majority of the Board Members. The Board of Director’s meeting expenses will be dependent on the treasury cash reserves. Please view the Internal Rules and Regulation manual.
- The Board is considered to have a quorum when at least five (5) of its Members are present.
- The decisions are made by majority vote. In case of an equality of votes, in an open vote, the Chairman’s vote prevails, only for the Board of Directors decisions, which are not related to matters concerning Founders, Trustees, Stakeholders constitutional and discipline related decisions, where their vote is obligatory.
- Constitutional amendments and Parts or Articles can change with a unanimous vote/decision of Founders, Trustees, Stakeholders, and in some cases with the advice of the Board of Directors, which is always welcome.
- The Chairman
- The Chairman of the Board or his legal alternate, the Vice Chairman, chairs the Board of Directors and its meetings, and monitors the overall smooth running of the organization.
- The Chairman collaborates with the Secretary and signs the decisions/documents, in which other private or public legal bodies internationally. He represents, either on his own or with the Board of Directors (decided on a case-by-case basis), the organization in court or out of court, in any legal dispute with a third part individual or legal body.
- He signs any documents of the organization that he has to sign.
- If a Founder or a Co-Founder, or a Chairman resigns, he/she is awarded the title of the Honorary Chairman for a lifetime. As an Honorary Chairman, he/she is invited to all ICCIRA events, meetings and conferences. Upon request the Honorary Chairman is welcome to offer an opinion over matters (recorded). In case the Honorary Chairman participates in an ICCIRA event, meeting or conference, ICCIRA or Sponsors should cover for expenses such as travelling costs, accommodation, event costs and per diem. An Honorary Chairman can represent ICCIRA with a decision made by the Founders, Trustees, Stakeholders or the Board of Directors.
- An Honorary Chairman of ICCIRA receives a lifetime annual compensation equal to the payment of the cost twelve 12 Board meetings, per Board Member. Changes over this article may need approval by the Funders and the Trustees.
- Vice Chairman
- The Vice Chairman deputises for the Chairman when he/she is absent or cannot undertake responsibilities, as mentioned in the Article above. The duties of each Vice Chairman are defined by the Chairman and are presented in the Internal Rules and Regulations Manual.
- Only Board Members who are appointed by the Chairman can be proposed for the position of the Vice Chairman.
- The term of office of the responsibilities of a position of a Vice Chairman can last for one year. It is renewed prior to the Chairman’s decision made usually on December of the current year.
- General Secretary
- The General Secretary is appointed by the Chairman and/or the Founders.
- The General Secretary manages the services of the offices. He/she signs together with the Chairman both the minutes and the Board meetings. The General Secretary keeps the correspondence, the records, the stamp of the organization, and in general any file related to its services, as it is presented in the Internal Rules and Regulations Manual.
- If a General Secretary is not a Board Member, he/she does not have voting rights.
- In special cases, any other Member of the Board of Directors can replace the General Secretary, prior to the Chairman’s order, in case he/she is absent or not able to attend.
- The Books kept by the organization in digital or any other form are the following:
- the Registration book of the Members;
- the Minutes book of the Board of Directors;
- the Minutes book of the decisions made by the Board of Directors;
- the book of the incoming and outgoing documents;
- the book of the associates and their addresses;
- the protocol book of the proposals;
- the book of the supported bodies/entities;
- the book of income and expenditure;
- the Book of equipment, facilities and materials;
- the book of consumable materials;
- the book of kitchen materials;
- the financial management books, kept by the organization are:
the tax records and books imposed by the law and the relevant legislation, as well as the books defined by the Board of Directors, according to the organization’s needs.
- In addition, the General Secretary keeps, sorts out, organizes, coordinates and distributes all the necessary documents such as:
- sample-Template letters;
- samples-Templates of other applications;
- incoming and outgoing correspondence;
- incoming and outgoing faxes;
- incoming and outgoing email correspondence;
- incoming and outgoing sponsorship proposals;
- library – bibliography;
- classification of the documents according to importance, necessity, confidentiality etc.;
- The Chairman of ICCIRA and the Founders are required to hold accurate and updated copies of all documents, catalogues and minutes of ICCIRA.
- Details concerning the responsibilities of the General Secretary are presented in the Internal Rules and Regulations Manual.
- The Treasurer
- The Treasurer, must have a close collaboration with the accountant/s and updates the accounts and related books.
- manages the funds with the support of decision of the Founder, Trustees and Stakeholders.
- collects all the revenues;
- issues receipts;
- makes payments prior to written approval of the Chairman or if needed by the Board of Directors as presented in the Internal Rules and Regulations Manual;
- monitors the CEO special bank account;
- keeps the relevant books;
- ensures the timely collection of the subscription fees;
- manages the bank accounts with the deposits of the cash balance only after the written approval of the Chairman;
- prepares, together with the General Secretary, the budget and the financial report, and submits them to the Board every year, at the beginning of each semester or whenever it is necessary. A concise statement of the Fund listing, the overdue unpaid Membership fees or other financial needs of the organization;
- any Member of the Board of Directors, indicated by the Chairman, can replace the Treasurer, in case of absence;
- Board of Honorary Committees
- There are two committees operating within ICCIRA: the Sponsorship Committee and the Committee of Honorary Members, as presented in the Internal Rules and Regulations Manual.
- In order to be nominated as Honorary Member of ICCIRA one must contribute to the ACCEI development, awareness and promotion internationally.
- Individuals or legal entities interested to offer their services or legal support financial or in kind, for the implementation of the objectives of the organization, can be nominated as supporting or sponsoring Members.
- These committees are represented by two Members of the Board, which are appointed after the unanimous decision of the Board of Directors. These are:
- The number of Honorary or Sponsorship Members is unlimited.
- Both Committees are represented by the Board Member who is appointed as Vice President of the Board of Directors per year in alternation.
- The Honorary Committees collaborate closely with the Chief Executive Officer.
- Coordination Committees
- Committees to which the Executive Directors delegate any of their powers must follow rules, practices and procedures, which are based on those provisions of the Parts and Articles which govern the making of decisions by the Chief Executive Officer and Board of Directors.
- The Chief Executive Officer, as well as the Board of Directors, may recommend rules of procedure for all committees, which prevail, when justified, over rules derived from the Constitution Parts and Articles, if they are not consistent with them. These recommendations and rules are always temporary, and its occurrence is examined on a case-by-case basis as presented in the Internal Rules and Regulations Manual.
- ICCIRA, in its structure, is divided into thematic and organizing categories, as presented in Part six (6).
- ICCIRA is managed and coordinated by the Chief Executive Officer who monitors and organizes the Committees, called Honorary or Coordinating Committees. These Committees are formed by the Board of Directors, the Founders, Trustees and Stakeholders.
- The Coordinating Committees are represented and managed by the Coordinators and the Executive Directors, which are:
- ICCIRA Executive Directors;
- Country Executive Directors;
- Discipline Executive Directors.
- The number of the Coordinating Committees and the number and classes of the Executive Directors are defined by the majority of the Board Members, as it may increase and decrease.
- Any change in the number of the Coordinating Committees is made after a well-reasoned decision made by the majority of the Board of Directors, Founders, Trustees, Stakeholders and the Chief Executive Officer.
- All the Coordinating Committees have an artistic and cultural background, and are connected to each other.
- The Coordinating Committees consist of individuals who represent the sub-categories of the arts, as presented in Part six (6).
- Coordination Advisers
- Coordination Advisers can become:
the regular Members who have the responsibility and obligation to monitor, recommend and present documentation to coordination category they represent;
those who specialise and have expertise in this sector. The advisers are appointed by the Board of Directors and/or the Chief Executive Officer.
- Each Coordination Adviser in each committee is appointed after a well-reasoned decision made by the majority of the Board Members and/or the Chief Executive Officer.
- In case of increase or decrease of the number of the arts categories supported by ICCIRA, the number of Coordination Advisers increase and decrease alternately.
- The Coordination Advisers, in collaboration with the Board of Directors and after its approval, can suggest the creation of workgroups and organize them, under the management of the Chief Executive Officer.
- These workgroups are called Arts, Development, Evaluation or Validation Committees, depending on the work they are required to undertake.
Volunteer Ambassador for ICCIRA:
- acknowledges, understands, promotes and serves the main aim of ICCIRA, which is the need of formation of a global Cultural and Creative Industries Legal and Regulatory framework;
- attends international meetings, banquets and parties;
- acts as a figurehead for their country of origin, or country of residence representing ICCIRA;
- promotes international relations concentrating on specific areas of interest of ICCIRA, i.e. the organisation he/she represents, including trade, and public and cultural relationships;
- smoothens relations among countries, cultures and creative organisations, especially in the highly sensitive areas of Laws, Culture, Creative Industries, Politics and Trade;
- processes information about national and local legal matters, economic, cultural and political development, in their area of interest or assignment to ICCIRA;
- assists ICCIRA Members and cultural actors, artists, cultural and creative industries organizations related to ICCIRA, or visiting artists and organisations in his country;
- explains foreign policies and develops cultural environments according to cases;
- declares that there are no criminal proceedings pending against him or her, nor have criminal proceedings been brought against him or her, for any crime or offence;
- ICCIRA Ambassadors perform all their duties with great sensitivity, ensuring a positive relationship between their country of residence and their home nation and ICCIRA;
- the position of a Volunteer ICCIRA Ambassador is a non-paid job and honorary placement.
- ICCIRA’s Constitutional Articles Amendments
- The Board of Directors, with the approval of the Founders and Trustees, may amend or change the Parts and the Articles of ICCIRA Constitution, after consultation with the Stakeholders, Board of Directors, Executive Directors and Coordination Advisers.
- In case a Founder resigns, it is obligatory for the Board of Directors, Trustees and Stakeholder to request for approval over matters related to Constitutional changes or amendments.
- Concerning articles which potentially affect the progress or the interests of Stakeholders, a voting among the Stakeholders is necessary.
- Provisions of the variable nature of this Constitution may be changed by a quorum of over eighty per cent (80%) of the Membership and a majority of two thirds of those present and voting, provided that three-months written notice has been given of such proposed changes to the Board of Directors. The unanimous approval by the Board of Directors is obligatory prior an unanimous approval for such a decision by the Founders and the Trustees is obligatory.
- Provisions of this Constitution, related to Founders (progenies) and Stakeholders (Mergers or Transfers) rights and interests, are hereditary and immutable.
- Partnership, Affiliation and Collaborations with ICCIRA
A Member or non-member organisation can expand its collaboration with ICCIRA by signing a Memorandum of Understanding MoU with the Foundation.
Alternatively, a third organisation can become a partner with ICCIRA by signing a:
- Ministries and Pubic Sector Agreement
- Full Agreement
- Sponsors Agreement
- Partners Agreement
- Trustees Agreement;
- Stakeholders Agreement;
- Project Agreement;
- Research Agreement; or
- Non-Disclosure Agreement.
Details regarding a Memorandum of Understanding MoU can be found in the ICCIRA Internal Rules and Regulations Manual.
- Representation of ICCIRA
No Member or Associate may use the name of the International Cultural and Creative industries Regulatory Authority – ICCIRA, represent or take action, in the name of the Foundation, or organise conferences, seminars, meetings, without prior written and recorded authority of the Chairman or the Board of Directors or the Chief Executive Officer.
The Trustees, Stakeholders, Members of the Board of Directors, Chief Executive Officer and Ambassadors receive a personalised ICCIRA Letter of Credence which is valid for one year and can be renewed once a year, for the period in office.
The Founders hold a Founders’ Certificate, carrying the seal of ICCIRA an ID number and his signature.
- Termination or Halting of Membership
An Individual or Organisation Member may resign at any time and give a month’s notice in writing to the Board of Directors of ICCIRA.
- Suspension or Expulsion
Any Member Organisation may be suspended or expelled:
- by the Board on receiving a report from the Credentials Committee or the Administration, recommending suspension or expulsion of that Member;
- by the Board for non-payment of any sum due to the Foundation, which is two years in arrears; or
- by a decision of the Board, on the grounds of conduct occurring through a complaint that an Individual Member has been guilty of professional misconduct.
- The Individual or Organsation will be entitled to appeal in writing against the case of suspension or expulsion, within 28 days from the date that the notification was sent to the Member. The appellant will be entitled to submit any written material to ICCIRA.
- Dissolution and Distribution of Assets
- Upon the dissolution of ICCIRA, any funds and net assets remaining after liquidation will be donated to a charitable organisation as agreed by the Founders and Trustees; while consultation with the Board of Directors is mandatory.
- In the event of dissolution, an individual or organisation Member cannot be considered liable for any debt or obligation of ICCIRA.
- The relevant authorities and connected organisations will be informed in writing of the dissolution of ICCIRA and the last Board of Directors will gazette the dissolution.
- The Internal Rules and Regulations Manual
Articles related to the management of the organization and analytically its day-to-day work, practices and procedures, are formulated and presented in the ICCIRA Internal Rules and Regulations Manual.
The Internal Rules and Regulations Manual sets out and present detailed data and articles on financial management, supplier management, associates, Members, Membership, human resources, sponsors and agencies associated with the proper functioning of ICCIRA.
The Internal Rules and Regulations Manual also set out the management analysis of the procedures followed by the Founders, the Trustees, Stakeholders, Board of Directors, Chief Executive Officer, Executive Directors, ICCIRA Ambassadors, committees, other staff and external associates.
- Law Provisions
Terms implied in law are terms imported by operation of law, whether the Members of ICCIRA intended to include them or not.
For certain actions, the law seeks to impose a standardised set of terms, as a form of regulation. Many terms, which are implied in law, may have been put into ICCIRA constitutional form.
Further significant terms may be implied from the nature of the relationship between professions, professionals, bilateral agreements, ordinary cultural or creative industry relations, common or traditional practices implemented for professional services, which require the professional to act with reasonable standards of competence.
ICCIRA must act in ACCEI Cultural Actors, Artists, Peoples, Trustees, Stakeholders, Board of Directors, Governmental Bodies, All its Members and the Society it serves, at their best interests.
Founder and Chairman
Updated: 18/04/2021 21:41:57 +1:00
 The ICCIRA Rules, Policies and Procedures Manual has been composed to maintain a successful cycle. ICCIRA needs rules and guidelines to manage employees, volunteers, associates, partners and providers for a smooth workflow.