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Charter of the Foreign Division; February 21, 2007
Topic Started: Feb 21 2007, 10:13 AM (3,946 Views)
Tamurin
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Founder, Admin, Deputy MoIA Education
Constitution of The Foreign Division

Updated: February 2009

Table of contents

  1. Membership of The Foreign Division
  2. Government Structure
  3. Elections
  4. State of Emergency
  5. Legal system
  6. Peace and War
  7. Espionage and unprovoked attacks[/i]
I.) Membership of The Foreign Division (TFD)

All members of the Foreign Division have to add “The Foreign Division” into their Alliance Affiliation” and their nation bio. “The Foreign Division” has no team color and is an inter-color alliance, although we prefer the blue team.

Membership in “The Foreign Division” is open to all members of CyberNations. We don’t ask you where you were and what you did. Here with us only what you are and do now and in the future counts. This is your place to start over, leave the past behind and move on. We ask that applicants don't join under false pretenses end any war(s) and diplomatic situations they may be involved in prior to seeking membership.

All members enjoy the right of free speech, security and identity protection. It is illegal for any government body to investigate the past of any member. This information may only be provided by the members themselves.

All members commit themselves to obey the laws of “The Foreign Division” and inform themselves about laws and rules.

II.) Government Structure

II A. Speaker

The Speaker of “The Foreign Division” is a Senator and Head of the Ministers. He can veto a ministers’ decision and a Senate decision once. A veto can be overruled by a unanimous vote of all other Senators. The Speaker can declare an emergency.

The Speaker is technically a "normal" Senator and has to go through normal Senate Elections. The Speaker is re-elected after every Senate-Election by a majority of the Senate. He can be impeached by a simple re-election inside the Senate or a majority-vote (> 50 %) of all members of “The Foreign Division”. Due to fluctuations in the number of TFD-members, the 50 % will be checked against the total number of members at the beginning of the vote. In case of impeachment, a new Speaker has to be elected within the next two weeks. There's no limitation of terms for the position of Speaker.

The Speaker oversees all government work and gives political impulses.

II B. Senate

Senators are elected from and by the general membership of The Foreign Division. To be eligible for a Senate position, a nation must have resided in The Foreign Division for at least 3 months (determined by the validation date on the forums). Should a TFD member leave the alliance and then return, that member will not be allowed to run for Senate for the same amount of time he or she was away - up to a maximum of 3 months.

Senators are in office for 4 months, after which there are elections for the positions. If a Senator resigns or is expelled, another election is held immediately, for that Senate seat only.

Every two months two or three senators are re-elected. The two senators up for re-election are the two senators who were NOT up for election two months previously. Thus every two months two senators are re-elected who then serve for 4 months before being up for election again.

The members of the alliance have the power to organize re-elections. If a majority of all members (> 50 %) vote to dissolve and re-elect the Senate, the Senate is dissolved and elections are held within the next two weeks after that.

There are five seats open for Senators.

The Senate’s reponsibilities are:

  • Appointing the ministers (3/5-majority)
  • Managing the election of the Speaker
  • Vote on foreign treaties (3/5-majority)
  • Dissolving the Senate (4/5-majority)
  • Dismissing ministers (4/5-majority)
  • Decide about peace and war (unanimous)
  • Ban members (3/5-majority)
  • Oversight of all activities within the alliance
  • Decision if a trial is to be held or not (3/5-majority) and appoint two judges to assist the Minister of Security (3/5-majority for each judge)
  • Decision to change the constitution (4/5-majority)
If a Senator doesn’t vote on an important issue 72 hours (3 full days) after the beginning of the voting, his vote is not counted. An “abstain”-vote is counted as “zero”.

II C. Ministers

Ministers are elected by the Senate from amongst suitable candidates for the position. There are four Ministers for the four Ministries (Foreign Affairs, Economic Affairs, Internal Affairs, and Security). A Minister may not be a Senator or vice versa. Ministers have to be appointed or re-appointed after each Senate election. If a Minister resigns, is expelled or the election result is vetoed, another election is held immediately, for that Minister position only.

Deputy Ministers are assistants of Ministers. They are appointed by the Ministers themselves and act as their assistant. The amount of responsibility is individually determined by the Minister. During the absence of the Minister, the Deputy Minister is fully responsible for the Ministry and has all rights and duties of the Minister until he/she returns. Deputy Ministers are granted TFD-government access after one month of probation time.

II C i. Minister of Foreign Affairs

The Minister of Foreign Affairs is responsible for the relations with other alliances, embassies and contacts with other alliances/organizations and the public reputation of the Foreign Division. He may appoint diplomats and aides, found embassies, establish foreign relations and he has a mandate for brokering treaties, although those treaties have to pass the Senate.

II C ii. Minister of Internal Affairs

The Minister of Internal Affairs heads the departments of Recruiting, Education, Communication, and Community Management. Each department is headed by an appointed Deputy Minister, although the Minister can decide to run the Ministry without Deputies.

The Deputy Minister of Recruiting is responsible for the growth of the Foreign Division and for winning new members. This is done through recruitment of newly created nations and established unaligned nations.

The Deputy Minister of Education is responsible for the distribution of game-related information (Cybernation rules and mechanics) and TFD-rules, laws and guidelines. His main task is answering questions from new players. His goal is to educate TFD-members to a point where they can guide new members themselves. He can appoint aides.

The Deputy Minister of Communication is responsible for sound messaging to our internal membership and to the external world. This includes mass messages to our membership, the content of messages delivered externally, and regular internal and external publications.

The Deputy Minister of Community Management is responsible for managing the community of TFD. This includes integration of new members into the "TFD family", activation of passive TFD-members who don't visit the forums, and keeping the senior members active in the community. It also includes solving issues between TFD members. Therefore, community managers need to be trustworthy, reliable, diplomatic and calm.

The core members of the MoIA are: Recruiters, Academy staff, Communications staff, and Community Managers. The Recruiters are responsible for sending recruitment messages. Academy staff is responsible for running the Academy and educating the membership at large. The Communications staff is responsible for assisting in the compilation and sending of messages and publications. The Community Managers are responsible for the well-being and development of the TFD community at large - on IRC and in the CN Discussion / Off-Topic sections of the Forum.

A special privilege of MoIA core members is payment granted by TFD government and the bank at the discretion of the Minister of Internal Affairs.

II C iii. Minister of Security

The Minister of Security heads the Defense Group and the Intelligence Group. He coordinates both groups and appoints officers. The internal management of both groups is his responsibility. He can order defense missions to help attacked members. He is also responsible for the internal security of the alliance. He obeys orders from the Senate only.

The “General of the Army” is head of the armed forces of the Foreign Division. He coordinates the defense forces and is the highest ranking officer. He’s responsible for military protocol and rules of engagement. He can also order defense missions to help attacked members. He obeys orders only from the Minister of Security. He can appoint non-commissioned officers (NCO), in coordination with the Minister of Security.

The “General of the Intelligence Service” is head of the intelligence organization of the Foreign Division. He gathers intelligence information valueable for the Foreign Division and protects its interests and vital areas. He is also responsible for counter-espionage. He also coordinates all members of the Intelligence Service. He obeys orders only from the Minister of Security.

II C ii. Minister of Economic Affairs

The Minister of Economic Affairs is responsible for the Alliance's markets (which include the Technology Market, the Trade Guild Engineering Section). Each market is headed by an appointed Deputy Minister, although the Minister can decide to run the Ministry without Deputies.

The Deputy Minister of Trades shall orchestrate Trade Guilds.

The Deputy Minister of Tech shall oversee the Tech Market, combining buyers and sellers where needed.

The Minister and his Deputies can employ and appoint any workers in their respective departments, including, but not limited to, Trade Guild Managers and Tech Market Managers. Both Deputy Ministers are strongly suggested to keep within their area of appointment and only interfere with the other Deputy if asked for help.

II C v. Director of the Bank

The Director of the Bank is responsible for the banking section of the alliance and is a manager with Minister-level classification. The Director of the Bank will be in charge of the Aid and Development programs within the alliance. He may appoint as many Deputies and aides he may wish in order to make the Bank Department fully functional.

II D Senate Advisory Council

The Senate Advisory Council is an optional organ of the government. If the Senate wishes to hear the opinion of TFD-members who are not involved in the government, the Senate can appoint members as Senate Advisors. The Advisors can see the secret parts of the forums and can comment on any issues. They don’t have any power or vote. Senate Advisors need to be re-appointed after each Senate election. The Advisory Council can also be dismissed entirely and not re-established.

II E Judiciary Branch

I.) The Judiciary Branch consist of three Magistrates. The Magistrates oversee all work within the Judiciary Branch. They can appoint aides when necessary.

II.) The Magistrates are directly elected by all TFD Members every four months. A Magistrate can be impeached by:
a.) A unanimous vote of the Senate
b.) By the election of a new Magistrate by TFD Members. A re-election needs the support of 10 members.
A Magistrate may not hold the office of Senator, Speaker, Minister or Deputy Minister. To be eligible, a candidate has to be a TFD-Member for at least three months. Furthermore, the same eligibility rules that apply to Senate candidates, apply to Magistrate candidates.

III.) The Magistrates are heads of all trials within TFD.

IV.) The Magistrates check that the TFD Government (Senators, Ministers and Aides) works according to TFD laws and the TFD charta. In case of violation, the Magistrates are authorized and obligated to inform all TFD Members about it. They may also start impeachement-processes against single TFD Senators (including the Speaker) according to article IIB of the charta. They may not dismiss a Senator themselves.


III.) Elections

For the purpose of elections, a special forum account will be used (Ballot Box). Every member of The Foreign Division who is member on the forums, shall send a PM with his/her votes to this account. The admins shall have the password for this account. They will count the votes independently from each other and announce the result. The result has to be announced within one week after the end of the elections.

Votes need to be consistent with the number of open seats. If there are two open seats, two candidates have to be elected. Cummulating votes on one candidate is forbidden. A voter can, however, abstain from a vote, meaning that if there are two open seats, he can vote for one candidate and abstain on the other seat.

If TFD drops below 20 members, a state of emergency automatically comes in effect. The Speaker then rules by decree. His goal has to be to bring TFD back above 20 members.

IV.) State of Emergency

The following people can announce a state of emergency:

  • Speaker

  • Minister of Security

  • Minister of Foreign Affairs

  • Senator (the ranking equals seniority)

  • Minister of Internal Affairs

  • Minister of Economic Affairs

  • Deputy ministers in a similar ranking as the ministers

  • General of the Army

  • General of the Intelligence Service

  • Colonel of the Lower Divisions (the ranking equals seniority)
A state of emergency is a situation where the internal and/or external security of TFD is threatened. Possible examples are: War, serious international tensions close to war, rebellion, collapse of the internal structure of TFD, major unavailability of the TFD government - however, these possible scenarios are only a fraction of scenarios where a state of emergency may be announced. The goal of the state of emergency is to create a fast-acting government that can address and quell the source of the problem.

If nobody is available, but an emergency situation is obviously at hand (e.g. a full-grown frontal attack that is threatening the existence of TFD and its members), the emergency is automatically declared and may be formally declared by any of the authorized members later.

During a state of emergency, a Emergency Executive Commitee (EEC) is created. The Emergency Executive Commitee (EEC) consists of all members of the government (Speaker, Advisors, Ministers (including Deputies and Aides), Senators).

The Emergency Executive Commitee (EEC) rules by decree. It is organized in a hierarchy, corresponding with the list above. An order by the highest ranking available person can only be overruled by a 2/3-majority of the whole Emergency Executive Commitee (EEC). Until such a majority is found, the order is valid and has to be followed. Normal constitutional decision-finding processes do not apply during a state of emergency.

The State of Emergency ends with a Emergency Executive Commitee (EEC) majority vote (> 50 %).

If the state of emergency hasn’t ended after one month, the Senate (not the Emergency Executive Commitee (EEC)) has to support it with a majority vote (including the Speaker's vote), or it ends.

Violations against the constitution that happened during a state of emergency cannot be prosecuted afterwards. However, it is illegal to change the constitution during the state of emergency.

V.) Legal system

The Magistrates are head of the legal department. If they are not prosecuted, they are head of all trials. In the end, all three judges have to vote unanimously on the outcome of the trial. The prosecutor is appointed by the Speaker and the Magistrates, the defender by the defendant.

The Senate watches over the trial and checks if the Trial System is applied properly.

Trial System

Art 1: A trial consists of three judges, a prosecutor and a defender.
The accused may defend himself or be defended by someone else.
The judges have to be neutral.
Art 2: The prosecutor reads the accusations against the accused and shows proof to back up the accusations.

Art 3: The defender shows proof to counter the accusations.

Art 4: First the prosecutor shows his proofs, then the defender. When both are finished they may make a final speech.
After the defender has finished, the prosecutor may react one time to his proofs.
The defender may react one time to the prosecutor's reaction.
Every step has to be made in one post only.
Art 5: The judges confer over the proof. They need a unanimous vote for a decision; the unanimous vote is compulsory.
The maximum time for reaching a decision is 7 days (to prevent stalling)
The maximum time for a trial is 14 days (to prevent stalling)
The minimum time for a trial is 3 days. After defender and prosecutor are finished, the judges have to confer at least 1 day (to prevent decisions out of the heat of the moment.)
Art 6: The judges specify the punishment of the accused.

Art 7: Both the accused and the prosecutor may call for a revision once each. Three different judges (all appointed by the Magistrates) will re-examine the presented proofs and decide again. The maximum number of trials in one case is thereby set to three. The last decision is valid.

VI.) Peace and War

The Senate is the only body of the Foreign Division that decides on Peace and War. Unprovoked offensive wars (raiding, tech farming etc.) are illegal. Only defensive wars (declaration of wars against nations that have attacked alliance members) are legal, if they are sanctioned by a Senator, the Minister of Security, the deputy Minister of Security, General of the Army, Colonel of the Lower Divisions (all in general) or division officers (during war-time).

VII.) Espionage and unprovoked attacks

If a TFD members are caught spying on or attacking someone outside TFD, they are reprimanded for endangering the neutrality of the alliance. Spying and attacking is considered illegal and a threat to TFD as a whole, as such declarations are subjected to the Senate and/or MoS only. The punishment is: Paying reparations to the nation that was hurt (equal to damages or same amount of money that was invested in the mission if damages can't be calculated). A second violation will lead to the banishment from TFD and a declaration of war from TFD until ZI, "Perma-ZI" if necessary.

If a TFD member is caught spying on or attacking someone inside TFD, they are effectively ejected from the alliance. At the same time, a state of war exists between the nation and TFD that will end with the ZI-status of the nation. The nation will be placed under "Perma-ZI" if it's deemed necessary.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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Tamurin
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"Cash-for-Trade"-law

I.) It is legal for TFD-members to search for trade opportunities outside of TFD and offer/receive money for a trade.

II.) It is illegal for TFD-members to receive money for a trade and cancel the trade in two months without repaying the money. TFD-members have the duty to refund the nation who paid them to accept a trade.

III.) TFD-members who don't refund "trade money" can be punished with expulsion from TFD and are no longer under the protection of the TFD-military.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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Tamurin
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War Aid Law

I.) Foreign Aid in any form (including, but not restricted to money, soldiers and tech) may be sent to any TFD-nation at any times. Restrictions to this law will be announced by the TFD government.

II.) Foreign Aid in any form (including, but not restricted to money, soldiers and tech) may be sent to any non-TFD-nation, that is not currently involved in wars or major diplomatic issues. If unsure, TFD-nations are encouraged to contact the TFD government to clarify the status of that non-TFD-nation.

III.) Foreign Aid in any form (including, but not restricted to money, soldiers and tech) may never be sent to any non-TFD-nation, that is currently involved in wars or major diplomatic issues and not allied to TFD. Such a move risks the security of the whole alliance. Therefore, TFD government reserves the right to punish any members that violate this law.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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Tamurin
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Extremism clause

1.) Any player promoting extremism in some form (nationalsocialism, racism, hate-speech etc.) which includes, but is not limited to, nation names, nation bio entries, user names, signature content etc., will be expelled from TFD if the Senate considers the extremism may be a threat to TFD. Applicants will be denied membership in that circumstance.

2.) "Extremism" is hereby defined as "the actions or ideologies of individuals or groups outside the perceived political center of a society". It is not to be misunderstood as "offensive", which is defined as "terms and concepts which are unacceptable to some people".

3.) In cases where "extremism" and "offensive" are unclear, a Senate vote with simple majority (3 of 5) will have to decide.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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Tamurin
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Senator Presence Rules

Preamble

These Senator Presence Rules were prepared in the spirit of giving some guidance as to each Senator's duty since the Senate is the vital body of TFD.  It is expected that with this set of rules and regulamentations the optimum function of the Senate itself can be reached.

Chapther One: Regularization

Article I
TFD members, while candidates for Senate, will be required to accept abbiding by the Senate Status during their mandate if they are elected.

Article II
As official acceptance, Senate candidates will be required to present the following oath in the candidature in order for it to be accepted:

Quote:
 
"I ______ promise to honour TFD all the times as member, Government member and/or Senator. I also promise to abide by the Presence Rules of the Senate if TFD deems I should be elected Senator."


Chapter Two: Activity

Article III
Each Senator will be allowe to miss one vote every four votings within the Senate. Senate votings will be recorded for that purpose each two months. In the eventuality a Senator breaches this rule once he/she will be warned. The second time it happens a penality will be discussed by the Senate.

Article IV
Each Senator is required to do a minimum of discussion. While there is no fixed ammount it should be enough to show that the Senator knows what is happening at TFD. In the eventuality a Senator breaches this rule once he/she will be warned. The second time it happens a penality will be discussed by the Senate.

Chapter Three: Penalties

Article V
In the event one Senator is to be subjected to a Penalty it will be up to the rest of Senate to deliberate on the appropriate penalty. Senate itself cannot deliberate on the guilt but only on the penalty to be applied.

Article VI
Penalties can be chosen among: Suspension of mandate past the upcoming elections, prohibition from being candidate to the upcoming elections or both.

Chapter Four: Exceptions

Article VII
Senators who have provided a previous warning of absence will not be submited to Articles III and IV.

Article VIII
Senators who, for personal reasons, have to be absent unexpectadly in a fashion that violates Articles III and IV may be excused provided they present a reasonable explanation.

Chapter Five: General Provision

Article IX
This set of Rules can be revoked or ammended by 4/5s of the Senate's votes.

Article X
This set of Rules will be approved by 4/5s of the Senate's votes. It will only enter in effect on the mandate following the current one. The same shall be applied to any Ammendement made.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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Senate Chamber Guardian Law

I.) The Senate Chamber Guardians have the responsibility to watch over the Senate and check that the Senator Presence Rules are properly applied.

II.) The Senate Chamber Guardians have to report violations of that rule to the Senate. Their responsibility is to decide whether a Senator has violated the rules or not. The punishment itself is up to the rest of the Senate.

III.) The Senate Chamber Guardians are elected every two months directly after the Senate elections. The elections can be coordinated with those of the Speaker or the Ministers.

IV.) There have to be at least two Senate Chamber Guardians. They may hold every position except Senator. It is recommended, but no required, for them to be Senate Advisors.

V.) To elect someone to become a Senate Chamber Guardian, the following requirements have to be met:
a.) It has to be a member of TFD.
b.) The member has to be eligible for Senate elections.
c.) At least 3 out of 5 senators have to vote for this member (simple majority)

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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TFD IRC rules and protocol

Preamble

With the massive utilization of the IRC methods for both intra and inter alliance contacts, it has become more and more necessary to define a set of rules so that the alliance integrity is preserved in all our channels and out of them.

Chapter I: Respect

TFD members, when utilizing IRC, are expected to act with Respect and courtesy towards other TFD members and members of other alliances. Actions such as Spamming, Trolling or any other form of blatant disrespect is seriously condemned and will be punished accordingly via the TFD Charter.

It is also expected that TFD members Respect the integrity of other alliances, by not enganging in condemnable actions towards them such as recruiting their members, difamation or any other sort of reprovable acts.

Chapter II: Home Affairs

Discussions or Information pertaining only to TFD should and must remain in the alliance's private channels. Having the said discussions on public channels, whether they belong to TFD or not, may have serious diplomatic and social effects -most of which negative.

Chapter III: Channel permissions

Permissions on the public TFD channel will be the following:

-> Diplomats and Visitors - Voice (+v)
-> Allied Diplomats and Friends - Half Op (+h)
-> TFD members - Op (+o)
-> TFD government - SOp (+a)

TFD government or channel founder may decide and judge whether a member is responsible enough to receive Op status or whether a friend of TFD should be given Half Op status.

Permissions on the private TFD channel will be the following:

-> TFD members - Op (+o)
-> TFD government - SOp (+a)

TFD government or channel Founder may decide and judge whether a member is responsible enough to receive Op status.

Permissions on TFD Government channel are at the description of TFD government or Channel Founder.

Should a member be found abusing his/her priviledges, the TFD government or Channel Founder reserve the right to suspend his/her permission for the time they see adequated.

Chapter IV: Other Channels

TFD does not take responsability for other channels that its members may posess. In the eventuality there is some issue related to them, the responsability will fall on the TFD member that owns the channel - who will be punished according to the Charter.

Chapter V: Approval

This document can be approved, edited or withdrawn with a simple majority of 3 Senate votes.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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"Glasnost" law

1.) Every topic within the secret Senate subforum will be categorized into one of the following categories:

  • Condition GREEN: Unconfidential. The speaker moves a thread to the Senate Discussion area, and the public can see the posts in real-time. Only government officials can reply in the Senate thread itself; alliance members can make separate threads in the Senate Hall-area.

  • Condition YELLOW: Confidential. Members are made aware of the issue AFTER IT IS RESOLVED by moving the entire Senate thread to the Senate Discussion area.

  • Condition RED: Secret. Members aren't made aware until the issue is resolved and long in the past.
2.) Every topic is by default "condition yellow" and can be up- or downgraded later. Color-level changes can be made in two ways:

  • The speaker can propose a change, and the other Senators have 24 hours to object before the color change takes place; or

  • A senator can motion for a color change, and the other Senators have 24 hours to vote for or against it.
3.) Any remaining level green and post-resolution yellow threads that have not been summarized in the Senate Discussions forum must be made public within 15 days of an election. Yellow-level topics that have not been resolved should remain in the private Senate Chambers.

4.) The Speaker, in rare occasion, may move threads without the 24-hour wait period and without the Senate's approval. This is ONLY to be used in emergencies. After such a move, normal rules apply: any Senator can motion for a 24-hour color-change vote as outlined in Section 2 to reverse the Speaker's decision.

"Victory is not final, failure is not fatal: it is the courage to continue that counts." ----- Winston Churchill

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