VICTORY# 82: Request of Kemal Dervis for unlimited power over ex-gratia payment REJECTED by the Executive Board

 

EX-GRATIA PAYMENT – KEMAL DERVIS REQUEST FOR UNLIMITED POWER REJECTED
UNDP Version of - Proposed amendments to the financial regulations and rules	Executive Board Decision on - Proposed amendments to the financial regulations and rules
Regulation 23.01: The Administrator may make such ex gratia payments not exceeding $50000 as he/she deems to be necessary in the interest of UNDP, provided that a statement of such payments shall be submitted to the General Assembly and the Executive Board with the financial statements.	2.     Decides that financial regulation 23.01, contained in document DP/2008/41, should read as follows: “(a)     The Administrator may make such ex gratia payments, not exceeding $75,000 per year, as he or she deems necessary in the interest of UNDP. A statement of such payments should be included in the audited financial statements, except as set forth in paragraph (b) below: (b)       In the case of an emergency where, at the discretion of the Administrator, immediate ex gratia payments are necessary for humanitarian reasons (in instances such as injury or death suffered in connection with UNDP activities), the Administrator may make such payments in accordance with paragraph (a) above, except that such payments shall be without limitation as to the amount. The Administrator shall immediately inform the Executive Board when any single situation results in payments totalling in excess of $50,000.”
Rule 123.01: (a) Ex gratia payments may be made in cases where, in the opinion of the United Nations Development Programme Legal Support Office, there is no clear legal liability on the part of the United Nations Development Programme and where such payments are in the interest of the United Nations Development Programme.	3.     Takes note of the corresponding change in financial rule 123.01.