Govermental or NONgovermental: A Search For A Fine Definition Of “Private Not For Profit Status” In Benin Republic; A Resource Poor Country.

Perspectives:

Aboubakar YARI & Venus YARI

------------------------------------------------------

Affiliation: Biotech tropicana,IncLITIGATOR

----------------------------------------------------------

Abstract:

Governmental organizations are assumed to be owned and operated by governments or its members. NONgovernmental organizations are assumed to be owned and operated by non-members of governments. Even where the designations clearly indicate the authority of each party, at operational levels conflict may arise between the two parties. Here, we discussed our experiences in operating our private not profit (NONgovernmental) unit from the developing world.

Keywords: Governmental; NONgovernmental; For Profit; Not For Profit; NGO; Legislative branch; Judiciary branch; Transparency; Corruption; Publication;

Background:

NGO status in Benin Republic.

NGO status in other Republics

NGO status in the USA.

UNDER DEVELOPMENT

Discussion:

Mandatory constitution (statut) for NGO registration in Benin.

A mandatory constitution “STATUT” is required for an NGO to be accepted for registration in Benin Republic.

NOTE:

On the EXPLORER unit of the Biotech tropicana Systems registered in Benin Republic.

The EXPLORER unit coordinates exploration activities for all other units of the Biotech tropicana Systems. Consistent with the focus of the Biotech tropicana Systems on innovation of technologies particularly biotechnologies adapted to the needs of the developing world, a resource poor country is well suited for hosting the EXPLORER unit. Benin Republic, a resource poor country of the western coast of Afica meets the criteria for eligibility as a host country of the EXPLORER unit of the Biotech tropicana Systems.

1. The constitution

Ownership of the EXPLORER unit is established at TITLE III, article 9 (2) of the constitution of Biotech tropicana,Inc registered in Benin Republic.

We inserted our assistance program under TITLE III, article 7 (1) , of the constitution.

The aid recipient were registered as “societaires” that received technical assistance from the incubation capacity unit. Many “societaires” are by now excluded under the Biotech tropicana Systems performance policy.

* Registration approval of Biotech tropicana,Inc in Benin Republic was published in article xx, page xx of the Benin Republic Official Journal.

* A second registration document issued after modification of the Executive Board was not re-published since the registration status was not altered. Consistent with internal policies of the Biotech tropicana Systems, the excluded board member was clearly informed in written of their dismissal, and the consequences of associating with any activity of the Biotech tropicana Systems from the date of dismissal.

2. Type of difficulties encountered in international operations from Benin Republic.

A de novo registration process of Biotech tropicana,Inc in another country illustrated the limitations of the Benin Republic NGO registration governing act.

A first application declaring the unit as a private not for profit institution was rejected as inaccurate. The foreign adjudicator classified the unit as an association on the basis of information contained in the Benin Republic registration document.

We submit a one page letter before the registering authority in Benin Republic for approval. The letter specifies in part:

1. The functional specification EXPLORER, as Biotech tropicana,IncEXPLORER.
2. Titles and articles of the constitution specifying ownership
3. Titles and articles of the constitution specifying the aid recipient status of the “societaires”.

The registering authority in Benin Republic approved the information provided in the letter.

We then resubmit a second application for registration in the foreign country containing the original registration document and the approved letter, and declaring the Biotech tropicana,IncEXPLORER unit as private not for profit. The application was approved and registered as Biotech tropicana,IncEXPLORER.

The de novo registration process in the foreign country clearly demonstrated the limitations of the Benin Republic governing act in discriminating between different types of NONgovermental organizations.

The sovereignty of the constitution for registered NGOs in Benin Republic.

Once approved by the registering authority a “STATUT” is sovereign, and can be altered ONLY by the founding NONgoverment party.

Specification of the distinctive areas of authority of government and NONgovernment in the governing Act of NGO status as enacted by the legislative branch in Benin Republic.  

The NGO registration information package clearly explains the distinctive authorities government and the authority of the NONGovernment party in NGO registration and management, in Benin Republic..

1. The government registers the organization based on established rules.
2. The NONgovernment party SHALL submit a founding constitution “STATUT” in Benin Republic terminology.
3. Once approved by the registering authority a “STATUT” is sovereign, and can be altered ONLY by the founding NONgoverment party.
4. Under no circumstance SHALL the government interfere with internal affairs of the registered NGO.
5. The owners of the NGO SHALL operate the NGO in a manner that is consistent with its own constitutions, and laws, and regulations of the host country.

The supervising role of the judiciary branch between governmemt and NONgovernment in conflict resolution for NGO affairs, in Benin Republic.

Consistent with its NONgovernmental status, any conflict between the government or its entities, and a NONgovernmental organization in Benin Republic SHALL be supervised by the independent Judiciary branch.

The mandatory publication in Benin Republic Official Journal for all registered NGOs.

As clearly indicated at the second page of the authorization document, ALL REGISTERED NGOs in Benin Republic Shall be published in the Benin Republic Official Journal.

The mandatory publication in the Benin Republic Official Journal of all major decisions affecting NGO’s registered status.

Any CHANGE TO THE REGISTERED STATUS OF AN NGO in Benin Republic SHALL be published in the Benin Republic Official Journal.

The ambiguities in the design of the registration number for NGOs in Benin Republic.

The registration number of an NGO in Benin Republic indicates:

1. A year/, indicating the year of registration
2. 012/, a three digits number
3. ABCD/EFG/, a serie of letters indicating processing offices.
4. Date/month/year, indicating date of signature by supervising authority.
5. * Assoc. For association.

* Does not always appear. However, the front page of the authorization document will always clearly designate the organization as an association.

The specification in point 5 would treat all NONgovernmental organizations in Benin Republic as associations, even when owned by a single individum (See “Solo Proprietorship” in US specification).

According to the Benin Republic NGO naming model, a NONgovernmental organization :

1. owned by one person IS an association
2. owned by two persons IS an association
3.  owned by three persons IS an association
4. owned by N persons IS an association.

The limitations of the Benin Republic NONgovermental organization are clearly established.  

The need for specification for NGO status and aims in Benin Republic.

The Benin model cannot discriminate between a private foundation for charity purpose and a private not for profit research oriented organization such as the EXPLORER unit of the Biotech tropicana Systems. The US model can discriminate between a “solo proprietorship’, a “dual proprietorship”, or a “Limited Liability Company”. The mandatory constitution “statut” provided under the Benin Republic NGO registration scheme provides a venue for clarifications for the organization owner(s). However, these specifications will not appear in the authorization documents, thereby creating rooms for speculations that may negatively harm the organization in international operations, where the international adjudicator will have only the authorization documents at hand for decision making.

Based on our experiences in international operations from Benin Republic, we argue that the Benin Republic NGO registration scheme needs to be updated to meet international standards.

Transparency, Transparency International, the World Bank Corruption Index, and Good Governance.

Governance in the Biotech tropicana Systems aligned with “Principles of Good Governance” as proposed in the United Nations Millennium Development Project (UN MDG now UN UN SDG) and the United States Millennium Challenge Corporation (US MCC). These approaches were proven very successful in corruption management in the developing world. In less than three years, through the activities of our EXPLORER unit, we move from donor of technical assistance to donor of both technical and financial assistance to the resource poor communities of the developing world. Unfortunately many of our aid recipients fall into poverty traps, making themselves excludable under the Biotech tropicana Systems performance policy. To protect our system from the negative impact of corruption and poverty traps, while maintaining our assistance program for the advancement of biotechnology in the developing world, we initiate the “Biotechnology Development Fund”, an independent assistance program that not only provides assistance but also set a “Good Governance” framework for managing assistance. With limited access to funding, we re-engineer our development agenda, from focus on moving phase 1 model technologies to phase 2 development programs, to expansion of phase 1 concept and model design in many areas of Biotechnology and related fields. Our new approach can be funded with internal funds of the Biotech tropicana Systems. The new adaptive approach was proven very successful, creating expansion niches in Asia, Europe, the Americas, an in North America, and propulsing our system from two activities countries (Benin and USA) to a global Biotech Company. Our achievments in the new re-engineered development agenda contain the ingredients for moving not one but many system technologies to phase 2 in parallel, through the interactions of the different units of the Biotech tropicana Systems. Here, we clearly demonstrate our hypothesis of immortality of the Biotech tropicana Systems, designed on the principles of  organizational model of the univers.

Many developing countries that deviate from the principles of “Good Governance” achieve some “unsustainable” progress here and there, but missed many development goals. Many of those countries inherited:

• damaged corruption index as determined by Transparency International,  
• damaged credit before institutions such as the World Bank that relied heavily on data provided by international NGOs for development credit allowance.
• damaged private sector with subsequent lost in income tax revenues and foreign direct investment
• Increase dependency on foreign aid,
• lost of sovereignty, lost of country stability, and widespread frustrations and insecurity among victims of injustice.
• Brain drain. Exode of intellect to Good Governance friendly environment.

The next decade development agenda of the Biotech tropicana Systems contain the ingredients for self sustainability. Our analysis predicts that by the end of the next decade, the Biotech tropicana Systems should be giving both technical and financial assistance not only at community level but also to central governments of resource poor countries of the developing world that are insisting on the path of “Bad Governance” and corruption.   

Perspectives:

Based on our experiences in international operations of our “Private Not Profit” unit (the EXPLORER unit of the Biotech tropicana Systems) registered in Benin Republic, we propose the following models in the design of NGO registration number and aims, for the developing world.

Model 1:

Registration Number:

1. 1-012-345-6789-1W-(100)-RB1-PNP
2. 2-102-345-6789-3W-(50;30;20)-RT1-UFP
3. 12-021-345-6789-2W-(80;20)-RC2-MFP

Aim:

1. Private Not For Private

Specification: Religious; faith based organisation

Roman Catholic Church

2. Public For Profit

Specification: Public Company; Energy Services.

3. Mixed Pubic-Private

Specification: Sea Food harnessing and Sales.

Code:

1-Private

2-Public

12-Mixed Public-Private

012-345-6789- 10 digits registration number

xW- Number of Owners, where x is a digit

        eg: 1W = 1 owner.

(XXX;XX): share of ownership at registration.

        Eg; (100) = 100% of share of ownership at registration.

              (60;40) = 2 owners: 1 of 60% and 1 of40%

ABx: Country of registration, where x is a digit.

        Eg: RB1: Republic of Benin

             RT1: Republic of Togo

             RT2: Republic of Trinidad and Tobago

             RC1: Republic of Congo

             RC2: Republic of Congo (Democratic)

PNP: Private Not For Profit

PFP: Private For Profit

UNP: Public Not For Profit

PFP: Public For Profit

MNP: Mixed Public-private Not for profit

MFP: Mixed Public-Private  for profit

NOTE: This short business codification system is a DEMO. A complete business codification system adapted to the needs of the developing world, is under development in the Biotech tropicana Systems.

Based on our model, the EXPLORER unit of the Biotech tropicana Systems should be registered as:

 Biotech tropicana,IncEXPLORER:

Registration number:

1-012-345-6789-2W-(51;49)-RB1-PNP

Aim:

Private Not For Profit

Specification:

Technology Transfer;

Exploratory for Development;

Research for Technology Innovation.

• 2w for 2 owners: Aboubakar YARI (49%0 and Venus YARI (51%).  As declared in court (judiciary branch).

Conclusion:

1. The Act governing NGO registration in Benin Republic is not “FINE” enough to discriminate between different ownwership status.
2. An amendment to the Act is therefore necessary for Benin Republic, to meet international standards, for NGO registration and operations.
3. Internal Policies of the Biotech tropicana Systems may overcome the limitations of the Benin Republic NGO governing Act in international operations.

References:

UNDER DEVELOPMENT