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					Declaration
of Principle and Statutes
                                             Published by :

                                          General Secretariat
                           Inter-American Organization for Higher Education

                                            December 2007

 English translation of the original Spanish Charter and Statutes [Declaración de Principios y Estatutos],
adopted at the IOHE’s 25th General Assembly of Members held on November 12, 2007 in Loja, Ecuador.
            D E C L A R AT I O N O F P R I N C I P L E




                               The

« INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION » (IOHE)

   is a non-profit association, which pursues educational goals

    through cooperation between universities of the Americas,

         promotion of mutual help and understanding,

            contribution to sustainable development

           and respect for the free discussion of ideas
       within the framework of different national policies.

     The Organization is governed by the following Statutes.
                                                                  s TAT u T E s



CHAPTER I

NAME AND LEGAL ADDREss

Article 1
A non-profit Association of private law is created under the name of “INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION”. This Associa-
tion will be governed by these Statutes as well as by internal regulations and applicable laws, when necessary. The Association also operates
under the acronym of “IOHE”.


Article 2
The legal address of the Association is in the City of San José, Costa Rica, “Barrio Escalante Calle 25 Avenidas 23 y 24”. The Association may
establish branch offices, hold meetings of its governing bodies and enter into valid agreements in other cities of the country and abroad.


Article 3
The Organization may open branch offices outside of Costa Rica if two-thirds of the members at a General Assembly vote in favor of this deci-
sion. These branch offices will be governed by these Statutes.



CHAPTER II

GOALs AND REsOuRCEs

Article 
The goals of the Association are:
A. To promote and develop links of solidarity and friendship among the universities of the Americas;
B. To seek improved mutual understanding among universities of the Americas, in order to identify common needs, available resources and
   opportunities for inter-institutional cooperation;
C. To bring together institutions of higher education of the Americas by developing high-level programs of common interest in the fields of
   teaching, research and continuing education;
D. To set up a permanent structure and training and/or research networks designed to foster exchange programs between professors, stu-
   dents, research personnel and administrators of institutions of higher education;
E. To make an essential contribution to the sustainable development of the Americas through the training of highly qualified human resources;
F. To organize meetings involving government and university authorities of different levels, representatives of associations and federations
   and civil servants active in the field of education in the Americas;
G. To promote mutual understanding of the different cultures of the American continent through its institutions of higher education;
H. To create partnerships with any other organization that pursues objectives similar to or compatible with those of the IOHE.


Article 5
In order to reach the objectives described in the previous article, the Association will create inter-American training and/or research networks
in higher education. In addition, the Association will collaborate with the pertinent national and international organizations to raise awareness
of the key role of higher education in sustainable development.


Article 6
The Association relies on the following resources to reach its objectives:
A. Membership fees, the amount of which is determined by the General Assembly;
B. Government contributions and those of public, private or inter-American organizations;
C. The assets, securities and interests that belong to or are acquired by the Organization within the limits established by Article 43 of the Civil
   Code of Costa Rica.


                                                                          INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
CHAPTER III

MEMBERs

Article 7
There are two categories of members: regular members and associate members.
Regular members of the Organization are universities and institutions of higher education of the Americas, recognized by the laws of their
respective countries, which carry out teaching, research and continuing education activities and which have been admitted under the proce-
dure established in the Statutes.
Associate members of the Organization are research centres and national, regional and international associations, federations or similar insti-
tutions of higher education recognized by the laws of their respective countries and which comply with the requirements of the Statutes.
In both cases, the institutions must be represented by their legal representatives.


Article 8
To become a member of the Organization, the applicant is required to:
A. Submit a written request to the Secretariat of the Organization;
B. Show proof that it is legally constituted according to the laws of its country by providing substantiating documentation;
C. Demonstrate that its norms are consonant with the Organization’s Statutes and Charter;
D. Develop formal academic programs at a level of higher education equivalent to those recognized by UNESCO as tertiary (post-secondary)
   education;
E. Have in place institutional development plans and procedures for self-assessment and external evaluation.


Article 9
The procedure for member admission is as follows:
A. The Secretariat determines whether or not the institution applying for membership meets the eligibility criteria mentioned in the preced-
   ing article. If so, the application is sent to the appropriate Regional Vice-President who, with the support of the Councillor or Councillors
   concerned, prepares a written recommendation. This recommendation is then forwarded by the Executive Director to the Board of Directors
   for their consideration;
B. The Board reviews the application and makes a decision;
C. The Board’s decision is presented for ratification at the next meeting of the General Assembly.


Article 10
Under the terms of these Statutes, regular members have the following rights:
A. To participate in the various administrative levels of the Organization, in accordance with the Statutes;
B. To intervene in the General Assembly and other governing bodies of the Organization, in accordance with the Statutes.


Article 11
Associate members may participate in the General Assembly and have a right to speak but not to vote; they are not eligible to hold seats in
governing bodies of the Organization.


Article 12
Members have the following obligations:
A. To respect the Charter and abide by the Statutes and other standards derived from them;
B. To comply with decisions and resolutions approved by the authorities of the Organization, provided these are not contrary to the provisions
   of the respective laws governing the member institution;
C. To remit, in due time, the annual fees or any other contribution determined by these Statutes or the General Assembly.




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Article 13
A member loses its rights in the following cases:
A. A written resignation is submitted to the Executive Director;
B. The institution loses its legal status in its own country;
C. The institution fails to maintain the conditions for membership set forth in these Statutes, as demonstrated in an evaluation carried out by
   organizations competent in the matter and based on the criteria, development or educational policies of the country in question.
D. The institution is excluded, in accordance with the provisions of these Statutes:
    1) For failure to comply with the obligations set forth in these Statutes;
    2) For acting in the Association’s name without authorization;
    3) For serious offences.
Members are entitled to present a defence before losing their status.



CHAPTER IV

GOVERNING BODIEs

Article 1
The essential governing bodies and authorities of the Organization are:
A. The General Assembly;
B. The Board of Directors;
C. The Regional Assembly;
D. The Regional Council.

The General Assembly

Article 15
The General Assembly is the supreme decisional instance. It is composed of all the members of the Organization, represented by their legal
representatives. In cases of absolute necessity, and subject to the laws that govern their institution, legal representatives may delegate this
representation by proxy.
The President of the Organization presides the General Assembly. In the absence of the President, the Assembly is presided by the Vice-Presi-
dent of the Organization, as provided for in Article 34.
There are two types of General Assembly: ordinary and extraordinary.


Article 16
The General Assembly meets in ordinary session once a year. It is convened by the Executive Director with the previous agreement of the
President. The date and location of ordinary sessions are determined by the General Assembly or the Board of Directors, who attempt to make
them coincide with the date and location of the Biennial Congress of the Organization.
When a biennial congress is not held, the General Assembly may coincide with a meeting of the Board of Directors. The Executive Director will
suggest that members send a proxy to the Vice-President of their region or to any other member of the Board of Directors. Decisions that are
taken are forwarded to all members of the IOHE in the same way and are as valid as those made in face-to-face meetings.
Notice of meetings is given in writing at least forty days prior to the meeting and accompanied by the documents necessary to ensure ad-
equate member participation.


Article 17
The responsibilities of the General Assembly are:
A. To elect the President;
B. To elect the Regional Vice-Presidents proposed by the members of their respective region and to ratify the election of Councilors and Sub-
   stitute Vice-Presidents, in accordance with the provisions of these Statutes;
C. To appoint or remove the Executive Director, the Treasurer and the Legal Advisor;


6                                                                         INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
D. To ratify the decisions taken by the Board of Directors in case of resignation or replacement of its members;
E. To ratify the admission of new members;
F. To exclude, on the recommendation of the Board, any member who violates the Charter or these Statutes;
G. To establish the amount of the annual fees and any other contribution to be paid by members;
H. To approve the reports of the President, the Executive Director and the Treasurer;
I. To approve the Organization’s financial statements, presented by the appropriate authorities;
J. To establish the direction and make the decisions or recommendations necessary for the satisfactory operation of the Organization, in the
   framework of its Charter and Statutes;
K. To dismiss the members of the Board of Directors;
L. To make decisions concerning all issues not expressly provided for in the Statutes and which correspond to the objectives of the Organiza-
   tion.


Article 18
Quorum for the General Assembly is half of the Organization’s members whose membership fees are paid in full plus one other member whose
membership fees are paid in full. If quorum is not achieved in the first convocation, a second convocation is made one hour later, and the
session is valid with the number of members present.
The decisions of the General Assembly are taken by an absolute majority of regular members present.


Article 19
An Extraordinary General Assembly is only held for urgent and important matters and only when determined by the Board of Directors, the
President, or when no less that one-third of the members of the Organization request it.
An Extraordinary General Assembly is held at the location determined by those who have requested it in accordance to the preceding para-
graph. The Executive Director is notified and convenes the members. The convocation is accompanied by the documents necessary for ad-
equate participation of members.


Article 20
The extraordinary General Assembly has the following powers:
A. To reform or modify the Statutes. The reforms are suggested or proposed to the Board of Directors and presented to the members one
   month before the General Assembly;
B. To fill any vacancy of more than one year by the Executive Director, Treasurer or Legal Advisor, as proposed by the Board of Directors;
C. To resolve any other issue deemed serious or urgent by the Board of Directors or the President;
D. To modify the number of regions, as proposed by the Board of Directors;
E. To approve the dissolution of the Association.

The Board of Directors

Article 21
The Board of Directors is the authority responsible for managing the general affairs of the Organization.


Article 22
The Board of Directors is composed of:
A. the President;
B. the Outgoing President;
C. the Regional Vice-Presidents;
D. the Executive Director;
E. the Treasurer.




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Article 23
The Outgoing President is a member of the Board for a period of two years. Except for the Outgoing President, the Executive Director and the
Treasurer, the persons elected to the Board are the legal representatives of member institutions or mandated by them as set forth in these
Statutes.


Article 2
In case of absolute necessity or if the President loses his position as university president, he will be immediately replaced by the Vice-President
of the Organization.


Article 25
In case of absolute necessity or if a Regional Vice-President loses his role as university president, he will be immediately replaced by the
Substitute Vice-President of his region.


Article 26
The Board of Directors meets at least once a year. Meetings are convened by the Executive Director with the agreement of the President. Notice
is given in writing at least 10 days prior to the meeting, accompanied by the necessary documentation. Quorum is one half plus one of the
members.
The Board’s decisions are made by the absolute majority of the members present who have the right to vote.


Article 27
For the purposes of these Statutes, the Inter-American Organization for Higher Education establishes the following regions:
The Canadian Region:                Canada
The United States Region:           United States
The Mexican Region:                 Mexico
The Central American Region:        Central American countries and Panama
The Caribbean Region:               The Caribbean, Venezuela, French Guyana, Surinam, Guyana
The Andean Region:                  Ecuador, Peru, Bolivia, Chile
The Colombian Region:               Colombia
The Brazilian Region:               Brazil
The Southern Cone Region:           Argentina, Paraguay, Uruguay
The Board of Directors may modify the configuration of the regions based on the Organization’s needs and taking into account its growth and
development. The Extraordinary General Assembly must approve these modifications.


Article 28
The responsibilities of the Board of Directors are:
A. To decide on the resignation or replacement of its members;
B. To recommend to the General Assembly the appointment of the Executive Director, Treasurer and Legal Advisor;
C. To appoint a provisional Executive Director, Treasurer and Legal Advisor if the person holding any of these positions is absent for more than
   three months. At the end of this period, or in the event of definitive absence, the Board appoints an interim replacement who will perform
   the duties in question for a period not exceeding one year before the General Assembly elects a permanent appointee;
D. To approve membership applications and recommend the exclusion of members to the General Assembly;
E. To establish the date of the General Assembly of members;
F. To approve the annual budget;
G. To approve the annual report of the President, the Executive Director and the Treasurer;
H. To ensure that any specific mandate determined by the General Assembly is carried out;
I. To regulate and award prizes and other distinctions;
J. To formulate and/or adopt and/or modify the regulations and by-laws of the Organization;
K. To recommend reforms of the Statutes to the Extraordinary General Assembly;



8                                                                          INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
L. To recommend to the Extraordinary General Assembly the modification of the configuration of the regions established at Article 27;
M. To appoint an Honorary President who will be invited to Board meetings when deemed necessary;
N. To appoint the IOHE Vice-President on the President’s recommendation;
O. To take the necessary measures in any case not provided for in these Statutes, until the following General Assembly.

The President

Article 29
The President of the Organization is the legal and extralegal representative of the Association, with or without the Executive Director; both
have a general power of “apoderado generalísimo sin límite de suma,” in accordance with Articles 1253 and 1254 of the Civil Code of Costa
Rica.


Article 30
The President presides the meetings of the General Assembly and of the other governing bodies. The President may delegate this authority
to the Vice-President of the Organization.


Article 31
The President is elected for a two-year term and cannot be re-elected.


Article 32
The responsibilities of the President are:
A. To represent the Organization with a general power of “apoderado generalísimo sin límite de suma”;
B. To carry out specific mandates given by the General Assembly or the Board of Directors;
C. To supervise the budget;
D. To cast the deciding vote in a second vote of the Board of Directors;
E. To recommend the appointment of the Executive Director to the General Assembly;
F. To recommend the appointment of the Treasurer and the Legal Advisor to the General Assembly;
G. To establish the Executive Director’s terms and conditions of employment;
H. To execute any other function provided for in these Statutes.

The Regional Vice-Presidents

Article 33
The Regional Vice-Presidents are proposed by the members of their respective regions and are elected by the General Assembly. They represent
the regions established in these Statutes.
The Vice-Presidents are elected for a two-year term; they may be re-elected only once.
The members of each region designate a Councillor as Substitute Vice-President. This Councillor replaces the Regional Vice-President if
the latter loses his university president status. Similarly, in case of a temporary absence, the Substitute Vice-President replaces the Regional
Vice-President.

The IOHE Vice-President

Article 3
The Board of Directors will appoint the IOHE Vice-President among the Regional Vice-Presidents. In the temporary of definitive absence of the
President, the IOHE Vice-President will have the same responsibilities as the President and will remain Regional Vice-President.




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Article 35
The responsibilities of a Regional Vice-President are:
A. To represent the Organization in his or her region;
B. To preside the Regional Assembly and the Regional Council;
C. To carry out any specific mandate given by the Board of Directors or the President;
D. To contribute to the development of inter-university relations in his or her region and between the region and other regions of the Ameri-
   cas;
E. To collaborate with the Organization’s action programs in his or her region;
F. To manage the Organization’s assets in his or her region, upon delegation by the Executive Director, and make periodic reports to the latter
   in this respect;
G. To organize a meeting of the members of the Organization in his or her region at least once a year;
H. To keep members of the Regional Council informed of the activities of the Board and the Secretariat of the Organization and to meet with
   them at least once a year;
I. To make an annual report to the President on the Organization’s activities in his or her region.

The Executive Director

Article 36
The Executive Director is responsible for the coordination, management and administration of the Organization’s activities, in collaboration
with the decisional and administrative bodies of the Organization.
The Executive Director is appointed by the General Assembly, upon the recommendation of the Board of Directors and the President of the
Organization.
The Executive Director has a four-year mandate, which is renewable.


Article 37
The responsibilities of the Executive Director are:
A. To carry out the resolutions, decisions and specific mandates given by the Board of Directors;
B. To fulfill functions and responsibilities assigned by the President, within the specific required terms;
C. To represent the Organization by proxy from the President, as set out in the specific terms of the agreement concerning the request;
D. In agreement with the President, to hire, renew the contracts of or dismiss any Organization personnel and to establish the salary and
   working conditions of such personnel in accordance with local laws;
E. To pursue the accounting, administrative and financial objectives established by the Board;
F. To keep the Organization’s books and archives up to date and to sign and authenticate any true copy for legal or other purposes;
G. To maintain relations with other similar organizations, in accordance with the directions of the Board;
H. To promote new applications for membership and the participation of experts in higher education;
I. To provide the most expedient means to enable the Board to make decisions upon affairs within its jurisdiction;
J. To make an annual report on the Secretariat’s activities to the Board;
K. To prepare and organize statutory meetings and convene the people concerned;
L. To delegate some of its responsibilities and powers for specific purposes;
M. To prepare the minutes of the sessions of the General Assembly and the Board of Directors, record them in the books, present them at the
   following session and sign them with the President;
N. To assume any other responsibility not provided for in these Statutes.

The Treasurer

Article 38
The Treasurer is responsible for the control of the Organization’s finances.
The Treasurer is appointed by the General Assembly, on the recommendation of the Board of Directors and the President. The Treasurer has a
mandate of four years, which may be renewed.



10                                                                          INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
Article 39
The responsibilities of the Treasurer are:
A. To control operations based on quarterly reports on the evolution of the budget and to supervise the Organization’s assets;
B. To present and comment the Organization’s financial statements to the Board and the General Assembly;
C. To prepare, propose to the Board and supervise the budget of the Organization in accordance with applicable laws and to prepare the
   financial statements;
D. To keep the financial statements and ledgers up to date, and to sign and confirm all banking, financial or commercial documents in the
   name of the Organization;
E. To carry out any specific mandate given by the Board or the General Assembly;
F. To give a guarantee or deposit to be established by the General Assembly.

The Office of Legal Counsel

Article 0
The Office of Legal Counsel is held by a qualified lawyer, appointed by the General Assembly for a renewable mandate of two years.
The Legal Advisor is responsible for ensuring that the Organization complies with applicable laws, the legal provisions of these Statutes and
with internal regulation.


Article 1
The responsibilities of the Legal Advisor are:
A. To ensure that the Statutes as well as the regulations and decisions of the General Assembly and the Board are respected;
B. To ensure that the annual financial statements prepared by the Treasurer contain the necessary information before they are presented to
   the General Assembly;
C. To gather relevant information relating to any complaint filed by members, and present it to the appropriate governing bodies of the Orga-
   nization;
D. To have the right to speak, but not to vote, at Board meetings;
E. To keep the standards and regulations which apply to the Organization up to date.




CHAPTER V

THE REGIONs

Article 2
Each region acts as a coordinating body between its member institutions and between them and other member regions of the IOHE. Regions
have the authority to establish the electoral procedures of its governing bodies, in accordance with the principles contained in the Electoral
By-laws.


Article 3
Each region is represented by the following governing bodies:
A. The Regional Assembly;
B. The Regional Council;
C. The Regional Vice-Presidency.

The Regional Assembly

Article 
The Regional Assembly is composed of the members from the region, the Councillors and the Vice-President. The Regional Assembly is the
main governing body and meets at least once a year in ordinary session. It may hold an extraordinary session upon request from one third of
its members, from the President or from the Board of Directors of the IOHE.



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Notice of the meeting is given in writing at least 10 days prior to the meeting and is accompanied by the appropriate documents. Sessions
are valid if fifty percent of members attend. Decisions are made by an absolute majority of the members present. The same rules apply for
meetings of the Regional Councils.


Article 5
The responsibilities of the Regional Assembly are:
A. To approve the Annual Development Program for the region upon a proposition from the Regional Council, taking into account the general
   programs of the IOHE and the specific requirements of their region;
B To propose the Vice-President to the Ordinary General Assembly;
C. To elect the Councillors;
D. To designate among Councillors a Substitute Vice-President for the purposes described in Article 33 of these Statutes;
E. To submit propositions that help the attainment of the Organization’s objectives listed in Article 4 of these Statutes;
F. To approve the Vice-President’s report;
G. To make decisions on any issue not provided for in theses Statutes and which may contribute to the attainment of the Organization’s objec-
   tives in general and particularly in the region concerned.

The Regional Council

Article 6
The Regional Council, which is the governing body of the Regional Assembly, is made up of the Vice-President and the Councillors from the
region. The Regional Assembly is responsible for determining the number of Regional Councillors, it being understood that there shall be at
least three Councillors per region and one per country.
Regional Councillors are elected for a two-year term and can only be re-elected once.
A Regional Councillor must be the president or legal representative of a member institution. A Councillor who loses his position as president/
legal representative of his institution must resign and the Regional Assembly will then proceed to elect another Councillor.
The Regional Council is assisted by the advisory bodies, whose support may be necessary to accomplish its mission.


Article 7
The responsibilities of the Regional Council are the following:
A. To develop an Annual Development Program for the region, submit it to the Regional Assembly for analysis and approval, and forward it
   to the Board of Directors;
B. To prepare the annual budget of the region, submit it to the Regional Assembly for analysis and approval, and forward it to the Board of
   Directors;
C. To propose activities for the benefit of members from the region;
D. To organize any other activity conforming to the decisions of the Regional Assembly.

The Regional Vice-Presidency

Article 8
The Vice-President is the executive authority of the region. He or she represents the region before other governing bodies of the IOHE and
presides the Regional Assembly and the Regional Council, in accordance with the responsibilities given to the Regional Vice-President under
Article 35 of these Statutes.



CHAPTER VI

IMPARTIALITY OF MEMBERs OF GOVERNING BODIEs

Article 9
The members of the governing bodies and authorities of the Organization must abstain from intervening on issues that involve them person-
ally or could affect their impartiality.




12                                                                       INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
CHAPTER VII

ELECTION OF THE GOVERNING BODIEs

Article 50
The election of members of the Organization’s governing bodies referred to in these Statutes is governed by the Electoral By-laws of the
IOHE.


Article 51
The Electoral By-laws and their reforms must be approved by the Board of Directors.



CHAPTER VIII

sANCTIONs

Article 52
Breach or violation of these Statutes will result in the following sanctions:
A. Warning;
B. Suspension of rights as a member of the IOHE;
C. Expulsion.


Article 53
Warnings will be issued to members by the Board of Directors for the following motives:
A. Initial failure or refusal to provide the information required by the governing bodies to fulfill their responsibilities;
B. Initial delay of over one year in settling the annual membership dues established by the General Assembly;
C. Any other omission or breach which does not seriously compromise the IOHE’s objectives, responsibilities or Declaration of Principle.


Article 5
The suspension of the rights of membership is imposed by the General Assembly at the specific request of the Board of Directors. This sanction
also applies in the event of repeated breaches of the cases mentioned in the previous article.


Article 55
Sanctions of expulsion can only be imposed by the General Assembly, at the request of the Board of Directors, in cases of significant offence
against the Organization.


Article 56
The Legal Advisor is asked to submit an opinion on the sanctions imposed under Article 52.


Article 57
Sanctions are imposed by written notice and, in all cases, the members concerned have the right to present a defence before the sanctions
are applied.




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CHAPTER IX

DIssOLuTION

Article 58
The IOHE may be dissolved for any of the reasons listed in the Law of Associations of Costa Rica, or following a decision of the General Assem-
bly to that effect, within the terms of these Statutes. Upon dissolution, the assets of the Organization are distributed to one of more organiza-
tions with objectives similar to those of the IOHE and the liquidation is carried out according to the laws regulating such procedures.




1                                                                        INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs
                                                                 TRANsITIONAL PROVIsIONs



First Article
The present Statutes took effect on the day they were approved by the General Assembly of Members, November 12, 2007.


second Article
Any articles that are contradictory are thereby annulled.


Third Article
People who were elected to positions within the organization before the adoption of the present Statutes will remain in their positions until
the end of the term for which they were elected.




INTER-AMERICAN ORGANIZATION FOR HIGHER EDUCATION / DECLARATION OF PRINCIPLE AND sTATuTEs                                                  15
OUI / IOHE   www.oui-iohe.qc.ca



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