Law of the Republic of Belarus

(Unofficial translation)

 

Law of the Republic of Belarus

No. 208-Z of June 16, 2003

[Amended as of June 4, 2015]

 

On Chamber of Commerce and Industry

 

Adopted by the Chamber of Representatives on May 23, 2003

Approved by the Council of the Republic on May 29, 2003

 

The present Law defines the bases of the legal status of the Chamber of Commerce and Industry, and the order of creation and operation of Chambers of Commerce and Industry, and peculiarities of mutual relations of Chambers of Commerce and Industry, including the Belarusian Chamber of Commerce and Industry, and the state.

 

CHAPTER 1

GENERAL PROVISIONS

 

Article 1. Legal Status of the Chamber of Commerce and Industry

The Chamber of Commerce and Industry is considered a voluntary association of legal persons and individual entrepreneurs, which is a non-state and non-commercial organization, created with the aim to promote the development of entrepreneurial activities in the Republic of Belarus, integration of its economy into the world economic system, creation of favourable conditions for strengthening foreign economic relations of the subjects of entrepreneurial activities with foreign partners.

The Chamber of Commerce and Industry shall have the right:

 to perform as a founder (participant) of legal persons, or a owner of property in the manner determined by the legislation;

 to create its representative offices and branches;

 to execute other powers according to the legislation.

 

Article 2. Operation Principles of the Chamber of Commerce and Industry

The operation of the Chamber of Commerce and Industry shall be based on the following principles:

 legality;

 voluntary association of the members of the Chamber of Commerce and Industry;

 equality of the members of the Chamber of Commerce and Industry;

 non-interference of the Chamber of Commerce and Industry into the activities of its members;

 independence;

 publicity.

 

Article 3. Basic Functions of the Chamber of Commerce and Industry

The basic functions of the Chamber of Commerce and Industry shall be as follows:

 to contribute to development of relations of the subjects of entrepreneurial activities with foreign partners, increase in exports of Belarusian goods (works, services);

 to render practical help to the subjects of entrepreneurial activities in development of manufacture of competitive products, and in carrying out of trading operations on foreign markets;

 to represent and protect the interests of the members of the Chamber of Commerce and Industry at implementation of foreign trade activities both in the Republic of Belarus, and in foreign countries;

 to develop and strengthen relations with Chambers of Commerce and Industry, associations, unions of entrepreneurs, and other non-governmental organizations of foreign countries;

 to disseminate information on the export, industrial, and scientific and technical potentials of the Republic of Belarus, on the national legislation in the area of foreign trade activities, on the traditions and rules of international trade;

 to implement the consulting and information work on studying and mastering foreign markets, searching foreign partners in foreign economic cooperation, assisting in setting contacts with the subjects of entrepreneurial activities of the Republic of Belarus;

 to improve the system of training and probation of specialists on the issues of foreign trade activities;

 to organize international and national exhibitions and fairs;

 to performance certain other functions assigned to the Chamber of Commerce and Industry by the legislation.

 

CHAPTER 2

CREATION OF A CHAMBER OF COMMERCE AND INDUSTRY, ITS MANAGEMENT BODIES AND MEMBERSHIP IN THE CHAMBER OF COMMERCE AND INDUSTRY

 

Article 4. Creation of a Chamber of Commerce and Industry

A Chamber of Commerce and Industry is created on the basis of voluntary association of its founders under the initiative not less than 15 founders at presence of the consent of the President of the Republic of Belarus.

A Chamber of Commerce and Industry is subject to state registration in the manner determined by legislative acts.

The name of the Chamber of Commerce and Industry should contain the words "Chamber of Commerce and Industry".

 

Article 5. Charter of the Chamber of Commerce and Industry

The Charter shall be the constituent document of the Chamber of Commerce and Industry. The Charter of the Chamber of Commerce and Industry is approved by its founders at the constituent congress of the Chamber of Commerce and Industry.

The Charter of the Chamber of Commerce and Industry shall comprise, apart from the data determined by point 2 of Article 48 of the Civil Code of the Republic of Belarus, shall contain the following:

 the aims of the Chamber of Commerce and Industry;

 the conditions, the order of acquisition and loss of membership in the Chamber of Commerce and Industry;

 rights and duties of the members of the Chamber of Commerce and Industry;

 the order of formation and the powers of the bodies of the Chamber of Commerce and Industry;

 sources and the order of formation of the property of the Chamber of Commerce and Industry;

 the order of making changes and additions in the Charter of the Chamber of Commerce and Industry;

 the order of reorganization and liquidation of the Chamber of Commerce and Industry.

 

Article 6. Managerial Bodies of the Chamber of Commerce and Industry

The supreme body of management of the Chamber of Commerce and Industry shall be the congress of the Chamber of Commerce and Industry, which is convoked at least once every three years.

The congress of the Chamber of Commerce and Industry shall elect a permanent executive body of the Chamber of Commerce and Industry to manage the operation thereof during the period between Congresses.

 

Article 7. Membership in the Chamber of Commerce and Industry

 

Any legal persons and individual entrepreneurs, who recognize and follow the provisions of the Charter of the Chamber of Commerce and Industry, pay their membership fees, and whose activity responds to the aims and tasks of the Chamber of Commerce and Industry, may be members of the Chamber of Commerce and Industry.

The acceptance into the membership of the Chamber of Commerce and Industry, and exclusion out of its membership of the Chamber of Commerce and Industry shall be made according to the Charter of the Chamber of Commerce and Industry. The members of the Chamber of Commerce and Industry may any time quit the membership thereof.

The members of the Chamber of Commerce and Industry shall enjoy equal rights and perform equal duties connected to the membership in the Chamber of Commerce and Industry.

A refusal of the Chamber of Commerce and Industry to accept a legal person or an individual entrepreneur into the membership of the Chamber of Commerce and Industry, and the decision to exclude any members of the Chamber of Commerce and Industry out of the membership thereof may be appealed against by this legal person or individual entrepreneur at the court within six months from the date of receiving the refusal or making the decision.

 

CHAPTER 3

PROPERTY, RESPONSIBILITY AND THE ORDER OF REORGANIZATION

AND LIQUIDATION OF THE CHAMBER OF COMMERCE AND INDUSTRY

 

Article 8. Property of the Chamber of Commerce and Industry

The property of the Chamber of Commerce and Industry is formed up from the entrance and membership fees, the profits from the entrepreneurial activities of the Chamber of Commerce and Industry, other incomes and revenues not forbidden by the legislation, and shall remain in the ownership of the Chamber of Commerce and Industry.

At creation of a Chamber of Commerce and Industry, its founders shall vest the Chamber of Commerce and Industry with the property having the minimum value equivalent to 10,000 euros.

The incomes, profits and other property of the Chamber of Commerce and Industry may not be distributed among its members and shall be used only for performing the statutory aims of the Chamber of Commerce and Industry.

The members of the Chamber of Commerce and Industry shall lose their rights on the property transferred to the Chamber of Commerce and Industry as their entrance and membership fees.

The Chamber of Commerce and Industry may have in its possession buildings, constructions, equipment, transportation and monetary assets, securities and other property, required for implementing its statutory tasks.

 

Article 9. Responsibility of the Chamber of Commerce and Industry for Its Liabilities

The Chamber of Commerce and Industry shall:

 respond for its obligations with all the property belonging to it;

 shall not respond for the obligations of its members, same as the members of the Chamber of Commerce and Industry shall not respond for the obligations thereof, except for the cases specified by the legislation or the Charter of the Chamber of Commerce and Industry.

Article 10. Reorganization and Liquidation of the Chamber of Commerce and Industry

Reorganization and liquidation of the Chamber of Commerce and Industry shall be made according to the legislation and the Charter of the Chamber of Commerce and Industry.

The property of the liquidated Chamber of Commerce and Industry, which has remained after satisfaction of the claims of all the creditors, shall be used, by the decision of the liquidating commission, with the aims as specified by the Charter of the Chamber of Commerce and Industry.

CHAPTER 4

ACTIVITY OF THE CHAMBER OF COMMERCE AND INDUSTRY DIRECTED AT SOLVING ITS TASKS

 

Article 11. General provisions on the Activity of the Chamber of Commerce and Industry

With the aim of achieving its aims and solution of the tasks assigned thereto, the Chamber of Commerce and Industry shall perform its activity on performing works and rendering services, as specified in Articles 1217 of the present Law, and other activities, not forbidden by the legislation.

The Chamber of Commerce and Industry may be a participant (a founder, or a member) only of those legal persons, whose activity is directed at achieving the tasks of the Chamber of Commerce and Industry.

Certain types of activity, the list of which is determind by legislative acts, may be performed by the Chamber of Commerce and Industry only on the basis of special permits (licenses).

 

Article 12. Activity of the Chamber of Commerce and Industry in the Sphere of Foreign Economic Cooperation

In the sphere of foreign economic cooperation, the Chamber of Commerce and Industry may be engaged in the following types of activity:

 assistance to legal persons and individual entrepreneurs of the Republic of Belarus in mastering their scientific-technical and industrial cooperation, development of other forms of the foreign economic cooperation;

 assistance to expansion of exports of Belarusian goods (works, services), revealing and involving unused resources, new types of goods (works, services) into the foreign trade circulation, and to drawing up of business plans;

 assistance to the members of the Chamber of Commerce and Industry in inviting to the Republic of Belarus of foreign delegations, holding meetings and negotiations;

 organization and holding of days of economy, presentations of legal persons and individual entrepreneurs of the Republic of Belarus and foreign countries, symposiums and conferences in the Republic of Belarus and foreign countries;

 organization of training of specialists in the issues of foreign trade activities in the Republic of Belarus and foreign countries, of other actions directed at qualification improvement of managers and specialists of legal persons, and individual entrepreneurs – members of the Chamber of Commerce and Industry;

 other types of activity according to the legislation.

 

Article 13. Activity of the Chamber of Commerce and Industry in the Sphere of Exhibitions and Fairs

In the area of exhibitions and fairs, the Chamber of Commerce and Industry shall perform the following types of activity:

 consulting on all issues of exhibition and fair activity;

 provision of information on exhibitions and fairs held in the Republic of Belarus and foreign countries;

 organization of group participation of legal persons and individual entrepreneurs of the Republic of Belarus in exhibitions and fairs held in the Republic of Belarus and foreign countries;

 participation in preparation and holding of exhibitions in foreign countries, and exhibitions of foreign countries in the Republic of Belarus;

 training of specialists of legal persons and individual entrepreneurs of the Republic of Belarus in issues of theory and practice of taking part in international exhibitions and fairs in the Republic of Belarus and foreign countries;

 other types of activity according to the legislation.

 

Article 14. Activity of the Chamber of Commerce and Industry in the Sphere of Making Examinations

In the sphere of making examinations, the Chamber of Commerce and Industry may perform the following types of activity:

 holding examination of the quantity, quality and completeness of goods, raw materials and equipment;

 holding asessment of the cost of property in compliance with requirements of the legislation on assessment activity;

 consultations on the above types of examination.

 

Article 15. Activity of the Chamber of Commerce and Industry in the Sphere of Legal Support of Foreign Trade Activities

In the sphere of legal support of foreign trade activities, the Chamber of Commerce and Industry may carry out the following types of activity:

 rendering assistance to legal persons and individual entrepreneurs of the Republic of Belarus and foreign countries in developing and drawing up of preliminary contracts, draft contracts, other documents necessary for running the foreign economic and entrepreneurial activities;

 drawing up documents for state registration in the Republic of Belarus of commercial organizations the founders (participants, owners of the property) of which are foreign states, foreign organizations, international organizations, foreign citizens and stateless persons, permanently residing outside the Republic of Belarus; for state registration outside the Republic of Belarus of organizations the founders (participants, owners of the property) of which are legal persons of the Republic of Belarus, citizens of the Republic of Belarus, foreign citizens and stateless persons, permanently residing in the Republic of Belarus, including individual entrepreneurs; and also for obtaining permits on opening in the Republic of Belarus of representative offices of foreign organizations;

 other types of activity according to the legislation.

 

Article 16. Activity of the Chamber of Commerce and Industry in the Sphere of Information and Advertising

In the sphere of information and advertising, the Chamber of Commerce and Industry may carry out the following types of activity:

 exchange of commercial information with foreign countries, international organizations, Chambers of Commerce and Industry of foreign countries;

 selection, processing and dissemination of information on the issues of foreign economic and entrepreneurial activities in the Republic of Belarus and foreign countries;

 publication of catalogues, bulletins, magazines, and other printed matter;

 other types of activity according to the legislation.

 

Article 17. Activity of the Chamber of Commerce and Industry in the Sphere of Patent and License Activity

In the sphere of patenting and license activity, the Chamber of Commerce and Industry may render legal services to subjects of management in connection with creation and use of objects of the intellectual property (inventions, useful models, design inventions, trade marks, service marks, and software products), and to perform other types of activity according to the legislation.

 

CHAPTER 5

BELARUSIAN CHAMBER OF COMMERCE AND INDUSTRY

 

Article 18. Peculiarities of the Legal Status of the Belarusian Chamber of Commerce and Industry

The Belarusian Chamber of Commerce and Industry is the central Chamber of Commerce and Industry in the territory of the Republic of Belarus and is in charge of general coordination of the activities of the Chambers of Commerce and Industry created in the territory of the Republic of Belarus.

 

Article 19. Performance by the Belarusian Chamber of Commerce and Industry of Certain Functions

The legislation may impose the performance of certain functions on the Belarusian Chamber of Commerce and Industry.

The coordination of the activity of the Belarusian Chamber of Commerce and Industry in performing the functions transferred thereto shall be performed by the Ministry of Foreign Affairs of the Republic of Belarus.

 

Article 20. Activity of the Belarusian Chamber of Commerce and Industry in the Sphere of Certification on Confirmation of the Authenticity of Documents and Certification of Force Majeure Circumstances

Apart from the types of activity specified in Articles 1217 of the present Law, the Belarusian Chamber of Commerce and Industry may carry out the following:

 issuance and certification of Certificates of Origin of goods, and establishment of belonging of products (works, services) to one's own manufacture in the manner determined by the legislation;

 confirmation of the authenticity of the documents used in the international economic circulation in the manner stipulated by the legislation;

 certification of force majeure circumstances according to the terms of foreign trade transactions and international treaties of the Republic of Belarus;

 other types of activity referred to the competence of the Belarusian Chamber of Commerce and Industry according to the legislation.

 

Article 21. Managerial Bodies of the Belarusian Chamber of Commerce and Industry

The managerial bodies of the Belarusian Chamber of Commerce and Industry are as follows:

 the Congress is the supreme body of management convoked at least once every three years;

 the Council is the management body elected by the Congress and in charge of current management of the activity of the Belarusian Chamber of Commerce and Industry within the period between Congresses;

 the Presidium is the executive body in charge of current management of the activity of the Belarusian Chamber of Commerce and Industry, the composition of which is approved by the Council on presentation of the Chairperson of the Belarusian Chamber of Commerce and Industry;

 the Chairperson is the head of the Belarusian Chamber of Commerce and Industry, being by his or her position the Chairperson of the Council and the Presidium.

The Chairperson of the Belarusian Chamber of Commerce and Industry is elected and dismissed by the Council of the Belarusian Chamber of Commerce and Industry on the suggestion of the Ministry of Foreign Affairs of the Republic of Belarus.

 

CHAPTER 6

FINAL PROVISIONS

 

Article 22. Enactment of the present Law

The present Law shall come into force as of the date of its official publication.

 

Article 23. Bringing the Acts of Legislation of the Republic of Belarus into Conformity with the present Law

Within three months from the date of enactment of the present Law, the Council of Ministers of the Republic of Belarus shall:

 make in the established order its suggestions on bringing the legislative acts into conformity with the present Law;

 bring Decisions of the Government of the Republic of Belarus into conformity with the present Law;

 ensure bringing by the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, of regulatory legal acts into conformity with the present Law.

 

President of the Republic of Belarus                                                                                                                                                                                                 A. Lukashenko

 

* unofficial translation *