To maintain and strengthen the German Council on Foreign Relations in the long term as an independent actor and driver of the foreign and security policy debate in Germany, the “Stiftung der DGAP für Auswärtige Politik” (DGAP Foundation for Foreign Policy) was established in Villa Hügel in Essen on October 26, 2010.
The objectives of the foundation are the promotion of science and research, the promotion of education, national education and vocational training, including student assistance, in international and European issues, and the promotion of international spirit, tolerance in all areas of culture and international understanding.
If you would like to support the German Council on Foreign Relations in the long term, you can do so by making a donation to the endowment capital of the DGAP Foundation for Foreign Policy. You can also make a donation to the DGAP Foundation in your will, thus securing the independence of the German Council on Foreign Relations.
- Your personal foreign policy legacy
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The areas in which the German Council on Foreign Relations operates today have become more and more complex in recent years. At the same time, it is becoming increasingly difficult to raise the funds required.
By making a donation in your will, you can secure the long-term independence of the German Council on Foreign Relations..
The law provides various options for your estate planning:
- Donation by will ensures that your assets are used as you intended.
- Instead of a will, a contract of inheritance can settle the matter of succession with future heirs.
- A bequest exists in addition to a will or contract of inheritance and settles the passing on of a specific asset, a piece of land, a collection or similar.
- A gift may be made while you are alive or in the event of your death.
- The most long-term commitment is a donation to the DGAP Foundation for Foreign Policy in the form of an endowment.
The book “Vererben und Erben” (Bequeathing and Inheriting) by Stiftung Warentest provides detailed information. You can borrow this book from our library. Here you will find more book tips as well as answers to frequently asked questions.
The following chambers and associations can provide neutral contacts.
- Committees of the Foundation
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Board Team
The Board Team of the Foundation defines the focal points of the Foundation’s work and represents the Foundation to the outside world. The Chairperson of the Board Team is Georg Graf von Waldersee. The other member of the Board Team is Dr. Daniela Schwarzer.Foundation Council
The Foundation Council advises on and supervises the Foundation’s work.The President of the Foundation Council is Dr. Arend Oetker.
The other members of the Foundation Council are:
Jutta Freifrau von Falkenhausen
Fritjof von Nordenskjöld
Rolf Nikel
Dr. Tessen von Heydebreck (Vice President)
Herbert J. Scheidt - The Statutes of the DGAP Foundation for Foreign Policy
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Preamble
Since it was established in 1955, the German Council on Foreign Relations (Deutsche Gesellschaft für Auswärtige Politik e. V. – DGAP) has developed into a leading forum for foreign policy research in Germany and for the forward-looking exchange of views between business, politics and academia on foreign and security policy issues. Its self-conception and its recognition as a competent interlocutor at home and abroad are essentially based on its independence from political parties and individual interests. To maintain and strengthen the German Council on Foreign Relations in the long term as an independent actor and driver of the foreign and security policy debate in Germany and worldwide, the founders, in cooperation with the German Council on Foreign Relations, decided to establish the DGAP Foundation for Foreign Policy.
§1 Name, Legal Form, Office
1. The Foundation is named “DGAP Foundation for Foreign Policy” (Stiftung der DGAP für Auswärtige Politik).
2. It is a foundation with legal capacity under German civil law and has its office in Berlin.§ 2 Objectives
1. The objectives of the Foundation are the promotion of science and research, the promotion of education, national education and vocational training, including student assistance, in international and European issues, and the promotion of international spirit, tolerance in all areas of culture and international understanding.
2. The objectives of the Foundation are achieved, in particular, by:
a) Supporting the German Council on Foreign Relations in material and non-material ways in its foreign and security policy research projects and publications;
b) Organizing events on foreign and security policy issues or supporting and promoting such events organized by other institutions, including the German Council on Foreign Relations, within the objectives of its Statutes;
c) Generating funds for the achievement of the objectives of the German Council on Foreign Relations as laid down in its Statutes and of the Sponsorship Association of the German Council on Foreign Relations to achieve the objectives set out in Paragraph 1;
d) Carrying out projects itself or in cooperation with other institutions, including the German Council on Foreign Relations, which serve the purpose of education and training in foreign and security policy issues or international understanding;
e) Planning, publishing, editing, promoting or commissioning publications on foreign or security policy issues itself or in cooperation with other institutions, including the German Council on Foreign Relations; this includes the development, maintenance, support and dissemination of electronically based forums for information and exchange and similar formats for the fields of foreign and security policy that may develop in the future;
f) Awarding grants and research contracts in the field of foreign and security policy.
The terms foreign policy and security policy are to be understood broadly and include, in particular, all issues of European politics, the European institutions and the European unification process, topics related to international governmental and non-governmental organizations, as well as the legal and economic aspects of all of the above-mentioned topics.3. The examples listed in Paragraph 2 are not exhaustive. The Foundation may also take other suitable measures in order to achieve the objectives of the Foundation. The objectives of the Foundation do not have to be achieved simultaneously and to an equal degree. They can be implemented through operational and promotional project activities. The results of the research projects supported by the Foundation shall be published in a suitable and timely manner.
4. There is no legal entitlement to the allocation of Foundation funds.
5. The Foundation fulfills this mission by procuring funds in accordance with Section 58 Number 1 of the German Tax Code (Abgabenordnung) for the promotion of science and research, education as well as international spirit, tolerance in all areas of culture and international understanding, for the achievement of the tax-privileged objectives of another body or for the achievement of tax-privileged objectives by a public body or, insofar as it does not act by way of institutional funding, by realizing its tasks itself or through an auxiliary person as defined by Section 57 Paragraph 1 Clause 2 of the German Tax Code.
6. The Foundation exclusively and directly pursues non-profit objectives as defined by the section “Tax-privileged Objectives” of the German Tax Code.
7. The Foundation is non-profit-making; it does not primarily pursue its own economic objectives.
8. The Foundation funds may only be used for the objectives laid down in its Statutes. Insofar as the Foundation makes funds available to other bodies, it must be ensured that these are used exclusively and directly for non-profit objectives as defined by these Statutes.
9. No person may be advantaged by disbursements that do not come under the objectives of the Foundation, or by disproportionately high remuneration.
10. The Foundation may assume the sponsorship of foundations without legal capacity and the management of other foundations with legal capacity if these have comparable objectives.
§ 3 Assets, Use of Funds
1. The Foundation assets are to be preserved undiminished. The restructuring of assets is permitted.
2. The Foundation assets may be increased by donations earmarked for that purpose; the Foundation may accept such endowments. It may also allocate to the Foundation assets donations without a specific purpose on the basis of a disposition upon death and free reserves as defined by Section 58 Number 7 a of the German Tax Code.
3. Endowments may be assigned by the donor to one of the Foundation’s key objectives or, within such an objective, to individual goals. Above an amount determined by the Executive Board, endowments may have the name of the donor linked to them (named fund).
4. The income from Foundation assets and donations not earmarked as such must be used to achieve the objectives of the Foundation; the income from the restructuring of Foundation assets may be used to achieve the objectives of the Foundation.
5. Reserves may be established as permitted under non-profit law and tax law.
§ 4 Bodies
1. The bodies of the Foundation are the Board Team and the Foundation Council.
2. A member of one body may not belong to another body at the same time.
3. The members of the Foundation’s bodies shall treat all confidential matters and business secrets of the Foundation as confidential. This also applies after they have left the body.
§ 5 Board Team
1. The Board Team shall consist of at least one member. Up to four additional members may be appointed by the Foundation Council if the Foundation Council deems this necessary. If the Board Team consists of more than one member, the Foundation Council shall appoint one member as Chairperson and one member as Vice Chairperson of the Board Team.
2. The first Board Team is appointed in the Foundation business. Thereafter, the Foundation Council shall appoint the members of the Board Team and determine their roles within the Board Team.
3. The term of office of the Board Team is three years. If a member of the Board Team leaves before the end of this term of office, a new member shall be appointed for the remainder of the term of office, provided that this is necessary to maintain the minimum number of members or the Foundation Council so decides. Reappointment is permitted. At the end of the term of office, the members of the Board Team shall remain in office until their successors take office.
4. The Foundation Council may remove members of the Board Team from office at any time for good cause. A removal from office shall be valid until its invalidity has been legally established.
5. A member of the Board Team may not have reached the age of 75 at the commencement of their term of office.
6. The members of the Board Team may demand reimbursement of their reasonable expenses. In addition, the activities of individual or all members of the Board Team may be appropriately remunerated. The Foundation Council shall determine the details.
§ 6 Tasks of the Board Team, Representation
1. The Board Team represents the Foundation in and out of court. It has the position of a legal representative. If the Board Team consists of several members, it shall act through two of its members. The Foundation Council may grant one or more members of the Board Team power of sole representation and exempt one or more members of the Board Team from the restrictions of Section 181 of the German Civil Code (Bürgerliches Gesetzbuch).
2. The Board Team shall manage the Foundation under its own responsibility in accordance with the law, these Statutes and the resolutions and instructions of the Foundation Council. In doing so, it shall fulfill the objectives of the Foundation as sustainably and effectively as possible. The members of the Board Team are obliged to manage the Foundation assets and other funds economically and conscientiously.
3. The tasks of the Board Team are, in particular:
a) The preparation of the Foundation’s budget;
b) The preparation of the annual report and the records and statements in accordance with Section 12 Paragraph 2;
c) The allocation of Foundation funds in accordance with the resolutions and guidelines of the Foundation Council;
d) The planning and implementation of projects to achieve the objectives of the Foundation.
4. The management of the Foundation may be transferred in whole or in part to a third party. Furthermore, the Board Team may, in consultation with the Foundation Council, set up an office for the Foundation and employ the necessary staff, if the scope of the management tasks so requires.
§ 7 Resolutions of the Board Team
1. The Board Team shall pass its resolutions in meetings, by telephone or by written vote. The Chairperson or the Vice Chairperson shall invite all members of the Board Team to the meeting in writing, stating the matters to be resolved, or shall ask them to vote in writing. The Board Team shall constitute a quorum if at least two-thirds of its members participate in the passing of the resolution.
2. Resolutions shall be passed by a simple majority of the members present or the members participating in a vote, unless stated otherwise in the Statutes. In the event of a tie, the Chairperson has the deciding vote.
3. The resolutions of the Board Team shall be documented in writing and signed by the Chair of the meeting.
4. The Board Team may issue Rules of Procedure for itself, which shall require the approval of the Foundation Council.
§ 8 Foundation Council
1. The Foundation Council shall consist of at least five and at most twelve members, who hold their office on a voluntary and unpaid basis.
2. The members of the first Foundation Council are appointed in the Foundation business. For future new appointments, two members shall be seconded to the Foundation Council by the German Council on Foreign Relations who must be members of the Executive Committee (or the respective legal representative of the German Council on Foreign Relations) (“Seconded Members”). All other members are appointed by the Foundation Council, with the German Council on Foreign Relations having the right to nominate two additional members. The Foundation Council shall appoint the additional members nominated by the German Council on Foreign Relations, unless it deems them unsuitable for the office for good and justifiable cause. In this case, the German Council on Foreign Relations shall nominate another person instead of the rejected candidate.
3. Subject to the following provisions, the term of office of the members shall be five years. With the exception of the Seconded Members, a member leaving the Foundation Council shall remain in office until a successor is appointed if the minimum number of members would otherwise not be reached. If a Seconded Member is no longer a member of the Executive Committee of the German Council on Foreign Relations, this member shall step down from the Foundation Council without delay and the German Council on Foreign Relations shall immediately appoint a new Seconded Member whose five-year term of office shall commence upon their appointment if the minimum number of members would otherwise not be reached or if the Foundation Council asks the German Council on Foreign Relations to appoint a new Seconded Member. Reappointment is permitted. A member of the Foundation Council may not have reached the age of 75 at the commencement of their term of office.
4. Proof of the secondment of the members of the Foundation Council by the German Council on Foreign Relations in accordance with the above provisions shall be provided by means of a declaration by the legal representatives of the German Council on Foreign Relations. Such a declaration provides external legitimation.
5. The Foundation Council shall elect from among its members a President and a Vice President, who shall represent the President in all matters in the event that the President is prevented from acting.
6. The members of the Foundation Council are active on a voluntary basis. They shall be entitled to reimbursement of their reasonable expenses.
§ 9 Tasks of the Foundation Council
1. The Foundation Council supports, advises and supervises the Board Team in the management of the Foundation and defines the guidelines for the Foundation’s activities. The Foundation Council shall conduct a regular dialog with the Board Team concerning the fulfillment and further development of the objectives of the Foundation, the Foundation’s strategy and ensuring the continuity of the Foundation.
2. In particular, the Foundation Council shall be responsible for:
a) Passing the annual budget and the annual report of the Foundation;
b) Approval of the actions of the Board Team;
c) Insofar as an audit of the Foundation is to be carried out in accordance with Section 12 Paragraph 3, the appointment of the auditor or an auditing company and the issuance of the audit assignment;
d) The appointment and removal from office of members of the BoardTeam and, if necessary, the conclusion of employment contracts with members of the Board Team;
e) Insofar as the Foundation Council deems it appropriate, the issuance of general guidelines for the activities of the Board Team, in particular concerning the orientation of the Foundation’s activities, the allocation of funds, asset management and asset spending. In this context, the Foundation Council may also adopt a catalog of transactions for the performance of which the Board Team requires the approval of the Foundation Council;
f) In accordance with Section 13 of these Statutes, the passing of resolutions on amendments to the Foundation’s Statutes, the dissolution of the Foundation or its merger with another foundation.
3. The President, or in case they are prevented from acting, the Vice President, represents the Foundation in legal transactions with the Board Team or individual members of the Board Team.
4. The Foundation Council may at any time request reports from the Board Team on all matters of importance to the Foundation’s situation.
§ 10 Resolutions of the Foundation Council
1. The Foundation Council shall pass its resolutions in meetings or by written vote. The President, or in case they are prevented from acting, the Vice President, shall invite all members of the Foundation Council to the meeting in writing, stating the matters to be resolved, or shall ask them to vote in writing. The Foundation Council shall constitute a quorum if at least half of its members participate in the passing of the resolution.
2. Resolutions shall be passed by a simple majority of the members of the Foundation Council present or the members participating in a written vote, unless stated otherwise in these Statutes. In the event of a tie, the President has the deciding vote.
3. In urgent matters, the Board Team may also convene a meeting of the Foundation Council or demand a written resolution by the Foundation Council. In this case, an invitation period of three weeks must be observed for a meeting of the Foundation Council, unless all members agree to a shortening of this period. When requesting a written resolution, a reasonable notice period must be observed, taking into account the specific circumstances.
4. The resolutions of the Foundation Council shall be documented in writing and signed by the Chair of the meeting.
5. The Foundation Council may issue Rules of Procedure for itself.
§ 11 Additional Advisory Committees
1. The Foundation Council may establish other advisory committees, for example a board of trustees or technical commissions, whose task is to advise the Board Team and/or the Foundation Council and to exchange opinions on all issues affecting the Foundation or a selection of these issues.
2. The committees established in accordance with Paragraph 1 are not bodies of the Foundation. However, their suggestions and proposals shall be given due consideration. The Foundation Council may at any time decide to abolish committees established in accordance with Paragraph 1.
§ 12 Accounting, Financial Year
1. The financial year is the calendar year.
2. The Board Team shall record the income and expenses of the Foundation and collect the supporting documents. At the end of each financial year, statements of the income and expenses of the Foundation and of its assets shall be prepared, as well as a report on the achievement of the objectives of the Foundation.
3. The Foundation may, upon resolution of the Foundation Council and after prior consultation of the Board Team, be audited by an auditor or an auditing company if this appears necessary because the complexity of the Foundation’s activities makes a sole audit by the Foundation Council, the Foundation Supervisory Board and the tax authority no longer appear appropriate, or if the supervisory authority so requires. An audit is always necessary if the requirements under commercial law for stock corporations regarding a mandatory external audit are met by analogous application (see Sections 316, 267 German Commercial Code (Handelsgesetzbuch)). The audit assignment shall also extend to the maintenance of the Foundation assets and the use of the Foundation funds in accordance with the Statutes. If the reasons for an audit in accordance with Clause 1 no longer apply, it may be dispensed with at any time.
§ 13 Amendments to the Statutes, Dissolution and Merger
1. Resolutions amending the Foundation’s Statutes shall be passed by a simple majority of the members of the Foundation Council present or the members participating in a written vote, upon proposal of the Board Team, subject to Paragraph 2.
2. Resolutions on amendments to the Statutes that affect the objectives of the Foundation may only be passed upon proposal of the Board Team and in a meeting by a majority of three-quarters of the votes cast when at least three-quarters of the members of the Foundation Council are present. The same applies to resolutions on the dissolution of the Foundation or its merger with another foundation.
3. In the event of a dissolution of the Foundation or if its tax-privileged objectives cease to apply, its assets shall be transferred to the German Council on Foreign Relations, which shall use them exclusively and directly for non-profit purposes.
§ 14 State Supervision
1. The Foundation is subject to Berlin state supervision in accordance with the provisions of the Berlin Foundation Act (Berliner Stiftungsgesetz).
2. In accordance with Section 8 of the Berlin Foundation Act, the Board Team is obliged:
a) To notify the supervisory authority without delay of the composition of the bodies of the Foundation, including the distribution of offices within the bodies, and to provide evidence thereof, and to notify it of the address of the Foundation and the residential addresses of the members of the Board Team;
b) To submit to the supervisory authority the annual report adopted in accordance with Section 9 Paragraph 2 a); this shall be done within the statutory period; the resolution of the Foundation Council shall be enclosed.
3. Resolutions on amendments to the Statutes, the dissolution of the Foundation or its merger with another foundation in accordance with Section 13 Paragraph 1 and 2 shall require the approval of the supervisory authority. Approval must be applied for by the Board Team without delay after the resolution in question has been passed. Resolutions in accordance with Clause 1 shall also be reported to the relevant tax office. For amendments to the Statutes that affect the objectives of the Foundation, a declaration of no objection from the tax office must be obtained in advance.
§ 15 Miscellaneous
1. The requirement for notifications and resolutions under these Statutes to take the written form shall be deemed complied with in the event of transmission by fax or e-mail or other customary means of communication.
2. If, in these Statutes, job titles are only mentioned in the masculine form, these titles shall cover both the feminine and the masculine form.
