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SO 2017-60 On Non-Governmental Organizations

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Post by Abdoa Tue Aug 01, 2017 5:51 am

Senate of the Parliamentary Union
SO 2017-60: An Act
On Non-Governmental Organizations

Article I: Preface
In order to promote non-governmental activities by members of the Union, and to ensure the proper conduct of such associations as are created to facilitate such activities, we, the Parliament of the Union, move to provide a legal framework for the creation, existence, and administration of non-governmental organizations, and to define various related terms.

Article II: Definitions
Section A: General Definitions
1 – Non-Governmental Organization (hereinafter NGO): an organization or association of nations independent from the Union Government and other organizations created by the Constitution or the Laws of the Union.
2 – License to Operate as a Non-Governmental Organization (hereinafter LONGO): a license issued as per Article III Section A of this Act authorizing the operations of an NGO in the Union.

Section B: Other Definitions
1 – Employer: a nation which directs various actions of one or more other nations as part of the proper functioning of the Union Government and other organizations created by the Constitution or as part of the proper functioning of a NGO defined in that NGO’s Founding Charter or by-laws.
2 – Employee: a nation which is under the direction of one or more other nations as part of the proper functioning of the Union Government and other organizations created by the Constitution or as part of the proper functioning of a NGO defined in that NGO’s Founding Charter or by-laws.

Article III: Administration of Non-Governmental Organizations
Section A: Licensing of Non-Governmental Organizations
1 – An NGO may be formed in an individual topic on the the Citizen’s Forum without reference to the Union Government, but it may not perform any other actions without a LONGO that has not been suspended or revoked.
2 – Any nation citizen of the Union, representative of a certain NGO, may submit an Application to Operate as a Non-Governmental Organization hereinafter AONGO) on behalf of the said NGO to the Ministry of Development hereinafter MoD), which must include the following:
a. The name of the nation citizen submitting the AONGO;
b. The name of the NGO that is seeking a LONGO;
c. The date that the AONGO was submitted to the MoD;
d. A brief description of the activities the NGO will perform following licensing including an explicit citation to the Section of Article IV of this Act that it wishes to perform those actions pursuant to.
3 – The AONGO must also include as an appendix a full copy of that NGO’s Founding Charter, which must contain the following:
a. A citation to the Section of Article IV of this Act that describes the type activities the NGO will pursue if licensed under that Section;
b. Provisions for amendment of itself;
c. Preferably but not necessarily provisions for the creation of by-laws applicable to the NGO.
4 – Upon receipt of an AONGO, the Minister of Development or another designated officer of the MoD hereinafter Licensing Officer) will have seven (7) days to review the said AONGO, ascertaining that it fully complies with the requirements set out in Clauses 2 and 3 of Section A of Article III of this Act, and that the Founding Charter attached does not contain improper citations, illegal clauses or unconstitutional clauses.
5 – If after the completion of such a review as per Clause 4 of Section A of Article III of this Act no inconsistencies or other problems as per that Clause have been discovered with an AONGO, the Licensing Officer will issue a LONGO to the NGO concerned under the Section of Article IV of this Act cited in the NGO’s AONGO and Founding Charter.
6 – If after the completion of such a review as per Clause 4 of Section A of Article III of this Act one or more inconsistencies or other problems as per that Clause have been discovered with an AONGO, the Licensing Officer will reject the AONGO, detailing in a communication to the nation citizen having submitted the AONGO the general and specific reasons for which the said AONGO was rejected.

Section B: Suspension of Licenses to Operate as a Non-Governmental Organization
1 – The Licensing Officer may file an accusation with TOUP against the said NGO for “Violation of the License to Operate as a Non-Governmental Organization” (hereinafter VLONGO), hereby defined as a Criminal Offense punishable by an extended temporary suspension of the NGO’s LONGO for a period of no more than thirty (30) days, and suspend the said NGO’s LONGO for the duration of the investigation of the aforementioned accusation by the Union Prosecutor, and if the result of that investigation is a trial, for the duration of that trial, the grounds for such an accusation being the performance of one or more of the actions listed directly below:
a. Amendment of the NGO’s Founding Charter, creation of by-laws, or amendment of already existing by-laws, resulting in the inclusion of illegal clauses or unconstitutional clauses in the said Founding Charter or by-laws;
b. Actions that cannot reasonably be construed to have been taken pursuant to the designated function of the NGO as per the Section of Article IV of this Act that the LONGO was issued under;
c. Actions that are in disregard for the Constitution and Laws of the Union.
2 – If an NGO has already been convicted twice of VLONGO, it shall be punishable by at least an extended temporary suspension of the NGO’s LONGO for a period of thirty (30) days, up to a full and permanent revocation of the NGO’s LONGO coupled with an injunction than any AONGOs that the NGO concerned submits during the following thirty (30) days shall be automatically rejected by the Licensing Officer.
3 – If it comes to the attention of the Licensing Officer that an NGO is performing any action or actions other than forming itself without a LONGO that has not been suspended or revoked, he must immediately file an accusation with TOUP against the various nations involved in the performance of such action or actions for “Operation of a Non-Governmental Organization Without a License” hereinafter ONGOWL), hereby defined as a Criminal Offense and a Misdemeanor.

Section C: Register of Non-Governmental Organizations
1 – The Register of Non-Governmental Organizations (Register of NGOs) is a public document maintained by the MoD on the regional forum, in the form of a list of entries for each of the LONGOs issued.
2 – Each entry in the Register of NGOs will contain the name of the NGO in question, the date of issuance of the LONGO concerned, an indication as to which Section of Article IV of this Act that LONGO was issued under, and if the LONGO is suspended or revoked, an indication to that effect.

Article IV: Types of Non-Governmental Organizations
Section A: Politically Oriented Non-Governmental Organizations
1 – An organization with the functions described in this Section of this Act is called a “Section A NGO”.
2 – Section A NGOs have the purpose to promote certain and various ideals and programs within the Union: i.e. they are political action committees, political parties, or other politically oriented groups.

Section B: Roleplay Non-Governmental Organizations
1 – An organization with the functions described in this Section of this Act is called a “Section B NGO”.
2 – Section B NGOs have the purpose to further roleplaying scenarios within the Union.

Section C: Interest Defense Non-Governmental Organizations
1 – An organization with the functions described in this Section of this Act is called a “Section C NGO”.
2 – Section C NGOs have the purpose to represent the interests of certain parties in disputes between members of the Union, and may not represent the interests of both parties in such disputes: i.e. they are legal practices or collective bargaining organizations.
3 – Such parties may include an individual citizen of the Union, the Union Government, or another NGO.

Section D: Other Non-Governmental Organizations
1 – An organization with the functions described in this Section of this Act is called a “Section D NGO”.
2 – Section D NGOs have a purpose which does not align with those of Section A, B, or C NGOs, and which must be clearly stated in the NGO’s Founding Charter.

Article V: Status of Non-Governmental Organizations
Section A: Privileges
1 – NGOs operating with a LONGO may request the Founder create a Discord Channel for their NGO on the Union’s Discord Server, which the Founder shall thereafter maintain until the NGO’s LONGO is revoked.
2 – Citizens acting as employers or employees in an NGO may exercise their privileges as citizens while acting as representatives of that NGO.

Section B: Restrictions
NGOs are not gifted with the status and privileges of citizens under the Constitution or the rights and privileges under SO#2017-34 ("Union Charter of Rights and Freedoms"), privileges and rights which must be exercised as per Clause 2 of Section A of Article V of this Act.

Article VI: Amendments to SO#2017-14
Section A: Corrections
The Section of Article V of SO#2017-14 (“On Judicial Rights and Privileges”) entitled “Probation” in hereby numbered Section F.

Section B: Amendments to Article V, Section E
Section E of Article V of SO#2017-14 (“On Judicial Rights and Privileges”) is amended according to the following instructions:
1 – The following text is inserted after “may be imposed”, immediately followed by a full stop: “on a nation convicted of a crime”.
2 – The following text is inserted after the text inserted as per Clause 1 of Section B of Article IV of this Act and before the ensuing full stop: “Further punishments against organizations which have committed crimes as organizations may be defined by further Acts of Parliament”.

Article VII: Conclusion
We, the Parliament of the Union, do hereby enact these provisions as an act of law, which may henceforth be cited as “[The Act] On Non-Governmental Organizations [2017]”.


July 31, 2017
The Rt. Hon. Prime Minister Abdoa, MP LSM GSM
The Rt. Hon. Minister of Jurisprudence Libertarian Democracy, MP LSM GSM

Debate scheduled July 31-August 2, 2017
Motion to Pass to a Vote made July 31, 2017
Abdoa
Abdoa

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Post by Abdoa Tue Aug 01, 2017 5:52 am

Debate will last until Wednesday August 2, 2017.
Abdoa
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Post by Abdoa Tue Aug 01, 2017 5:53 am

I do hereby move to pass to a vote.
Abdoa
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Post by Thomolia Tue Aug 01, 2017 9:14 am

I second the motion to pass to a vote.

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Post by Hashkin Wed Aug 02, 2017 1:55 am

I second the motion to pass to a vote
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Post by Abdoa Thu Aug 03, 2017 1:06 am

Debate over; please go vote in the Voting Chamber.
Abdoa
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