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Avey Port Revenue and Joint Oversight Act, 1760

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Avey Port Revenue and Joint Oversight Act, 1760

14th Cortes Federales
Long title An Act to amend the charter of the Avey Port Authority Corporation to divide the net port revenue of Avey equally between the Federation and the Commonwealth of Zeed; to allocate part of the Federation's share to the Avey-Rusjar railway; to direct the opening of talks through the Joint Oversight Commission of Avey on the future of the port before the end of the protection period in 1801; and for connected purposes.
Bill Number FA-1760-14
Introduced by Council of State (Government of the Federal Accord), sponsored by Gabrielle Fitzgerald (DSP / Secretary of State)
Extent Entire Federation of Nouvelle Alexandrie, and the administered territory of Avey
Dates
Bill Status Proposed
Date introduced 14.XV.1760 AN
Last updated 14.XV.1760 AN
Other legislation
Amendments None
Related legislation

The Avey Port Revenue and Joint Oversight Act, 1760 (Alexandrian: Loi sur les recettes portuaires et la surveillance conjointe d'Avey, 1760; Martino: Ley de Ingresos Portuarios y Supervisión Conjunta de Avey, 1760; Wechua: Avey Puertoq Qullqin Rakinakuymanta Kamachiy, 1760) is proposed legislation of Nouvelle Alexandrie brought before the 14th Cortes Federales by the Council of State of the Federal Accord. It would give legal effect to the undertakings King Sinchi Roca II announced to the National Assembly of Zeed in Rusjar on 20.VIII.1760 AN, during the tenth stop of the Royal Goodwill Tour of 1760.

Under the bill, the Commonwealth of Zeed would receive half of the net revenue of the Port of Avey from the financial year 1761 AN, up from the 35 percent it has received since 1738 AN, through an amendment to the charter of the Avey Port Authority Corporation. A fifth of the Federation's own share would be set aside each year for the railway between Avey and Rusjar that Zeed's development plans propose. The Secretary of State would also be directed to open talks with Zeed, through the Joint Oversight Commission of Avey, on the future of the port before the hundred-year term set by the 1701 Armistice of Alduria City runs out in 1801 AN.

The bill is carried by Secretary of State Gabrielle Fitzgerald, whose department conducts the Federation's relations with Zeed. It puts the revenue and railway measures into law but leaves the terms on which the Federation administers Avey unchanged. Any agreement the talks produce would need a further Act of the Cortes Federales before it could take effect.

Background

Main articles: Avey and Avey Port Authority Corporation

Avey is a port city on the southwestern coast of Zeed that Nouvelle Alexandrie has administered since the Third Euran War. Article 4 of the armistice of Alduria City placed the port "under the protection of the Federation of New Alexandria for a period of one-hundred years," and the armistice was signed on 18.IX.1701 AN. Article 10 of the same armistice placed the roads and railways of Zeed under the control of commissioners of the Raspur Pact.[1] The city remains nominally part of the Commonwealth of Zeed. The Federation holds authority over defense, foreign relations, customs and port operations, while Zeedic law governs personal status, family relations and inheritance for Zeedic citizens.[2]

The port is run by the Avey Port Authority Corporation, a quasi-governmental public benefit company chartered under New Alexandrian law in 1704 AN. The Federal Government holds 51 percent of its shares, the Commonwealth of Zeed 20 percent, and institutional investors the remaining 29 percent. The Corporation retains enough of its operating revenue to cover its expenses and capital reserves, then divides the net revenue between the two governments under a formula set in its charter. The Port of Avey carries about 78 percent of Zeed's international trade by volume, and the Commonwealth's share of the net revenue makes up about 12 percent of its budget.[2]

Zeed's share was 30 percent under the 1704 AN charter. The formula has been revised twice since then, most recently in 1738 AN, when a renegotiation raised Zeed's share to 35 percent in recognition of the Commonwealth's contribution to the port's labor force. The Joint Oversight Commission, to which each government appoints three representatives, meets quarterly and reviews the distribution of the port's revenue, along with infrastructure investment and disputes arising from the city's divided jurisdiction. It works by consensus, and a deadlocked matter goes to binding arbitration before a panel of jurists appointed by the High Court of Justice and the Zeedic judiciary.[2]

The Rusjar address

On 19.VIII.1760 AN the King and Empress laid a wreath at Avey's Monument to the Fallen, dedicated to the casualties of Operation Lightning Dawn.[3] Avey came under direct attack in that operation in 1745 AN, when the Avey Missile Defense Complex destroyed 14 of the 18 cruise missiles aimed at the city, and Zeedic officials later credited New Alexandrian missile defense with preventing significant civilian casualties.[2]

The next day, speaking for the New Alexandrian government of Premier Marcos Ferreira Gonçalves, the King addressed the National Assembly of Zeed in Rusjar. He announced that Zeed's share of the port's net revenue would rise to half from the following year, that part of the Federation's own share would go toward an Avey-Rusjar railway, and that the two governments would open talks on the port's future through the Joint Oversight Commission before 1801 AN. He told the chamber: "For sixty years we have held Avey under the terms of a war. It is time we held it together, under the terms of a friendship." The Council of State had approved the measures before the royal party left Cárdenas on 12.VII.1760 AN, and the government undertook that any change to the enclave's terms would go to the Federal Assembly for ratification.[3] The Public Diplomacy Act, 1760, which Fitzgerald introduced on 20.VII.1760 AN while the tour was under way, describes the goodwill tours of the Crown as instruments of the Federation's public diplomacy, and this bill gives legal effect to the undertakings the King made in Rusjar.[4]

At a luncheon after the address, Empress Clara pledged ₦60 billion over ten years from Natopia for Zeed's development, part of it for the same railway through the Community of Goldfield Development Bank of the Community of Goldfield, to which both countries belong. That pledge is a matter for the Frenzy of Natopia and falls outside this bill.[3] The railway itself appears in the Development Plans of the Commonwealth of Zeed.[5]

Key provisions

The bill is enacted under the Federation's competence over foreign relations, which Article 2 of the Proclamation of Punta Santiago assigns to the federal government. It creates no new body: the Corporation, the Joint Oversight Commission and the Federal Administration of Avey all exist, and the bill gives each the part of the work that already falls within its remit.

Part I sets out the definitions and the bill's application. It provides that nothing in the Act alters the terms on which the Federation administers Avey under the armistice, the length of the protection period, or Avey's standing as part of the Commonwealth of Zeed.

Part II changes the division of the port's net revenue. From the financial year 1761 AN, the charter divides it equally between the Federation and the Commonwealth. The Corporation keeps its existing right to retain revenue for expenses and capital reserves before any division, and any adjustment for the capital expenditure cycle falls equally on both shares. The Federation, as majority shareholder, must vote its shares to give the amendment effect, and its members of the Joint Oversight Commission must place the new division before the Commission for review. The Corporation's annual accounts must show the sums paid to each government, and the Secretary of State must lay them before the Cortes.

Part III sets aside one-fifth of the Federation's share each year, about a tenth of the port's total net revenue, for the construction of the Avey-Rusjar railway. The money is paid to the Community of Goldfield Development Bank as the Federation's contribution to the same project the Natopian pledge would co-finance, under a financing agreement the Secretary of State makes with the bank and the Commonwealth. A dispute under that agreement goes first to the Joint Oversight Commission and, if the Commission is deadlocked, to the panel of jurists that hears its deadlocked matters. The allocation ends when the railway enters service, and any sum not spent on the railway returns to the Federation.

Part IV directs the Secretary of State to open talks with the Commonwealth on the future of Avey within twelve months of the Act coming into force, through the Federation's three members of the Joint Oversight Commission, and to seek to conclude them at least a year before the protection period ends on 18.IX.1801 AN. The Deputy Administrator for Zeedic Affairs, the Federal Administration's liaison with the Zeedic government since the office was created by decree in 1715 AN, advises the Federal members, and the Avey Municipal Council, elected by all adult residents of the enclave, is consulted each year.[2] The Commonwealth may name its own delegation. No agreement that alters the terms on which the Federation administers Avey takes effect until approved by a further Act of the Cortes Federales, and the Secretary of State reports to the Cortes each year on the talks, the revenue division and the railway.

Part V sets out the constitutional basis, the regulation-making power and commencement. The Act comes into force on Royal Assent.

Provisions in outline

Structure of the Act
Part Articles Subject
I 1–4 General provisions: citation, definitions, purposes, and application
II 5–8 Division of net port revenue: the amendment of the charter, the duty of the Federation as shareholder, capital adjustments, and accounts
III 9–12 The Avey-Rusjar railway: the allocation, its payment through the development bank, its end, and unspent sums
IV 13–15 The future of Avey: talks through the Joint Oversight Commission, approval by Act, and reports
V 16–18 Closing provisions: constitutional basis, regulations, and commencement

Legislative progress

Legislative progress
Stage Date Chamber Action Votes (Y-N-A) Details
1 14.XV.1760 AN Federal Assembly Introduction - Introduced for the Council of State by Gabrielle Fitzgerald (DSP, Secretary of State)
2 pending Federal Assembly Committee report -
3 pending Federal Assembly Final division -
4 pending Chamber of Peers Concurrence -
5 pending - Royal Assent - Sinchi Roca II

Bill as submitted to the Hopper of the Federal Assembly, 1760 AN

Avey Port Revenue and Joint Oversight Act, 1760

THE READING OF
A
BILL
TO
amend the charter of the Avey Port Authority Corporation to divide the net port revenue of Avey equally between the Federation and the Commonwealth of Zeed; to allocate part of the Federation's share to the Avey-Rusjar railway; to direct the opening of talks through the Joint Oversight Commission of Avey on the future of the port before the end of the protection period in 1801; and for connected purposes.

Avey Port Revenue and Joint Oversight Act, 1760

Presented for the Council of State by Gabrielle Fitzgerald (DSP), Secretary of State
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 14.XV.1760 AN.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-


PART I
GENERAL PROVISIONS

Article 1: Citation.

  1. This Act may be cited as the "Avey Port Revenue and Joint Oversight Act, 1760".

Article 2: Definitions.

  1. In this Act:
    1. "the Armistice" means the 1701 Armistice of Alduria City, signed on 18.IX.1701;
    2. "Avey" means the port and city of Avey, administered by the Federation under Article 4 of the Armistice;
    3. "the protection period" means the period of one hundred years for which Article 4 of the Armistice placed Avey under the protection of the Federation, ending on 18.IX.1801;
    4. "the Commonwealth" means the Commonwealth of Zeed;
    5. "the Corporation" means the Avey Port Authority Corporation;
    6. "the Charter" means the charter of the Corporation granted in 1704, as revised up to and including 1738;
    7. "the distribution provision" means the provision of the Charter that divides the net port revenue between the Federation and the Commonwealth;
    8. "net port revenue" means the revenue of the Corporation remaining in a financial year after the Corporation has retained the sums the Charter permits it to retain for operating expenses and capital reserves;
    9. "the Federation's share" means the part of the net port revenue payable to the Federation under the distribution provision;
    10. "the Commission" means the Joint Oversight Commission of Avey;
    11. "the arbitration panel" means the panel of jurists, appointed by the High Court of Justice and the judiciary of the Commonwealth, to which the Commission refers matters on which it cannot agree;
    12. "the Federal members" means the three members of the Commission appointed for the Federation;
    13. "the Bank" means the Community of Goldfield Development Bank;
    14. "the Deputy Administrator" means the Deputy Administrator for Zeedic Affairs of the Federal Administration of Avey;
    15. "the Municipal Council" means the Avey Municipal Council;
    16. "the Gazette" means the Federal Gazette;
    17. "the railway" means the railway between Avey and Rusjar proposed in the development plans of the Commonwealth;
    18. "the Secretary of State" means the Secretary of State of the Federation;
    19. "financial year" means a financial year of the Corporation.

Article 3: Purposes.

  1. The purposes of this Act are:
    1. to divide the net port revenue equally between the Federation and the Commonwealth from the financial year 1761;
    2. to allocate part of the Federation's share to the construction of the railway;
    3. to provide for talks between the Federation and the Commonwealth on the future of Avey before the end of the protection period; and
    4. to reserve to the Cortes Federales the approval of any agreement altering the terms on which the Federation administers Avey.

Article 4: Application.

  1. This Act binds the Federation.
  2. Nothing in this Act alters the terms on which the Federation administers Avey under the Armistice, the length of the protection period, or the status of Avey as part of the Commonwealth.
PART II
DIVISION OF NET PORT REVENUE

Article 5: Amendment of the distribution provision.

  1. The distribution provision is amended to provide that, for the financial year 1761 and each later financial year, the net port revenue is divided:
    1. fifty per centum (50%) to the Federation; and
    2. fifty per centum (50%) to the Commonwealth.
  2. For each financial year before 1761, the distribution provision continues to apply as it stood before the commencement of this Act.

Article 6: Duty of the Federation as shareholder.

  1. The Federation must exercise its voting rights as a shareholder of the Corporation, and must direct any director of the Corporation appointed by it, to give effect to Article 5.
  2. The Secretary of State must notify the Commonwealth of the amendment made by Article 5 through the Commission, within thirty days beginning with the day of the commencement of this Act.
  3. The Federal members must place the division under Article 5 before the Commission for review at its first meeting after the notification under paragraph 2.

Article 7: Capital adjustments.

  1. If the Charter permits the Corporation to adjust the division of the net port revenue for a financial year by reason of its capital expenditure, the adjustment must be borne by the Federation's share and the Commonwealth's share in equal proportion.

Article 8: Accounts.

  1. The Corporation must state in its annual accounts for each financial year:
    1. the net port revenue;
    2. the sum paid to the Federation and the sum paid to the Commonwealth; and
    3. any adjustment made under Article 7, and its effect on each share.
  2. The Secretary of State must lay the annual accounts of the Corporation before the Cortes Federales within ninety days beginning with the day on which the Corporation adopts them.
PART III
THE AVEY-RUSJAR RAILWAY

Article 9: Railway allocation.

  1. For the financial year 1761 and each later financial year until the allocation ends under Article 11, twenty per centum (20%) of the Federation's share is allocated to the construction of the railway.
  2. The sum allocated under paragraph 1 must not be applied to any purpose other than the construction of the railway.

Article 10: Payment through the Bank.

  1. The Secretary of State may make a financing agreement with the Bank and the Commonwealth for the construction of the railway.
  2. The financing agreement must provide:
    1. that the Bank holds each sum allocated under Article 9 in an account separate from its other funds;
    2. that the Bank applies those sums only to the construction of the railway;
    3. that the Bank reports to the Secretary of State, at least once in each financial year, the sums received, the sums applied, and the progress of construction;
    4. that the Federation may audit the account, and the application of the sums in it, at any time; and
    5. that a dispute under the agreement that the parties cannot settle by negotiation is referred to the Commission, and, if the Commission cannot agree on it, to the arbitration panel.
  3. Until the financing agreement is made, each sum allocated under Article 9 must be held by the Secretary of State in a separate account and must not be spent.

Article 11: End of the allocation.

  1. The allocation under Article 9 ends with the financial year in which the Secretary of State certifies that the railway has entered service.
  2. The Secretary of State must publish a certificate under paragraph 1 in the Gazette.

Article 12: Unspent sums.

  1. A sum allocated under Article 9 that remains unspent when the allocation ends, or that is applied in breach of the financing agreement, must be repaid to the Federation by the Bank.
  2. A sum held under Article 10(3) when the allocation ends must be paid into the general revenue of the Federation.
  3. The Secretary of State may by regulation set the manner and time of a repayment or payment under this Article.
PART IV
THE FUTURE OF AVEY

Article 13: Talks on the future of Avey.

  1. The Secretary of State must instruct the Federal members to open talks with the members of the Commission appointed for the Commonwealth on the future of Avey after the end of the protection period.
  2. The talks must open within twelve months beginning with the day of the commencement of this Act.
  3. The Federal members must seek to conclude the talks before 18.IX.1800.
  4. The Commonwealth may name a delegation to take part in the talks with its members of the Commission.
  5. The Deputy Administrator must advise the Federal members in the talks.
  6. The Secretary of State may appoint any other official of the Federation to advise the Federal members in the talks.
  7. The Secretary of State must consult the Municipal Council on the talks at least once in each year in which the talks continue.

Article 14: Approval by Act.

  1. An agreement between the Federation and the Commonwealth that alters the terms on which the Federation administers Avey, or that provides for the administration of Avey after the end of the protection period, has no effect unless it is approved by an Act of the Cortes Federales.
  2. The Secretary of State must lay any agreement reached in the talks before the Cortes Federales within thirty days beginning with the day on which it is signed.

Article 15: Reports to the Cortes Federales.

  1. The Secretary of State must lay before the Cortes Federales each year a report recording:
    1. the progress of the talks under Article 13;
    2. the division of the net port revenue for the last completed financial year, as stated in the Corporation's annual accounts;
    3. the sums allocated to the railway, the sums applied, and the progress of construction, as reported by the Bank; and
    4. the views of the Municipal Council given under Article 13.
PART V
CLOSING PROVISIONS

Article 16: Constitutional basis.

  1. This Act is enacted under the authority of the Federation over foreign affairs as a federal competence, conferred by Article 2 (Division of Powers) of the Proclamation of Punta Santiago, which assigns foreign relations to the federal entities.

Article 17: Regulations.

  1. The Secretary of State may make regulations for carrying this Act into effect.
  2. Regulations under this Act are subject to this Act, and must not reduce, dispense with, or alter a duty that this Act imposes.
  3. Regulations under this Act must be published in the Gazette.

Article 18: Commencement and application.

  1. This Act applies to the Federation and to Avey.
  2. This Act comes into force on receiving the Royal Assent.
  3. This Act must be published in the Gazette within seven days beginning with the day of the Royal Assent.
  4. If a provision of this Act is held to be invalid, the remaining provisions continue in force.

Amendments

No amendments to date.

Voting record

The three governing parties of the Federal Accord together hold 448 of the 801 seats in the Federal Assembly.

Federal Assembly, 1760 AN (to be completed)
Political party Yes No Abstain/absent Total % Support
Alliance for a Just Nouvelle Alexandrie (AJNA) 260
Civic Governance Alliance (CGA) 95
Federal Consensus Party (FCP) 93
Federal Humanist Party (FHP) 293
Independent 50
Republican Party of Oportia (RPO) 10
Total 801

See also

References

  1. ^ 1701 Armistice of Alduria City.
  2. ^ a b c d e Avey.
  3. ^ a b c "Zeed is promised an equal share of Avey's port revenue and ₦60 billion from Natopia in Rusjar", NBC Newsfeed, 20.VIII.1760 AN.
  4. ^ Public Diplomacy Act, 1760.
  5. ^ Development Plans of the Commonwealth of Zeed.
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