Chapter V: Termination of the Fact-Finding Proceeding

Rule 18: Manner of Terminating the Proceeding

The proceeding shall terminate upon:

(a) the issuance of a notice by the Secretary-General pursuant to Rule 9(4);

(b) the issuance of a Report by the Committee; or

(c) a notice from the parties that they have agreed to terminate the proceeding.

Rule 19: Failure of a Party to Participate or Cooperate

If a party fails to participate in the proceeding or cooperate with the Committee, and the Committee determines that it is no longer able to discharge its mandate, the Committee shall, after notice to the parties, record the failure of that party to participate or cooperate in its Report.

Rule 20: Report of the Committee

(1) The Report shall be in writing and shall contain:

(a) the mandate of the Committee;

(b) the Protocol followed;

(c) a brief summary of the proceeding;

(d) a recommendation if requested by the parties; and

(e) the facts established by the Committee and the reasons why certain facts may not be considered as having been established; or

(f) an indication of the failure of a party to participate or cooperate pursuant to Rule 19.

(2) The Report shall be adopted by a majority of the members and signed by them. If a member does not sign the Report, such fact shall be recorded.

(3) Any member may attach a statement to the Report if the member disagrees on any of the facts found.

(4) Unless the parties agree otherwise, the Report of the Committee shall not be binding upon the parties, and the parties shall be free to give any effect to it.

Rule 21: Issuance of the Report

(1) Once the Report has been signed by the members of the Committee, the Secretary-General shall promptly:

(a) dispatch a certified copy of the Report to each party, indicating the date of dispatch on the Report; and

(b) deposit the Report in the archives of the Centre.

(2) The Secretary-General shall provide additional certified copies of the Report to a party upon request.