AGREED AND APPROVED
by the Ministry of Justice of the Republic of Belarus on December 6, 2001.
Registration certificate № 0000001
AGREED AND APPROVED
by the Ministry of Justice of the Republic of Belarus
March 20, 2002, August 22, 2003, April 15, 2004, August 23, 2004, June 23, 2005,
June 29, 2006, February 14, 2007, June 22, 2007, May 20, 2008, January 4, 2012,
November 12, 2013, November 17, 2022.
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APPROVED
by Founding (IV) Congress of the BelCCI
October 16, 2001.
Alterations and amendments to the Charter
approved by the Council of the BelCCI
Protocol № 2 of March 5, 2002,
Protocol № 2 of July 31, 2003,
Protocol № 1 of March 19, 2004,
Protocol № 2 of August 4, 2004,
Protocol № 3 of June 6, 2005.
Alterations and amendments to the Charter
(Charter in a new edition)
approved at the V Extraordinary
Congress of the BelCCI, April, 22, 2006.
The amendments to the Charter were approved by
The Council of the BelCCI
Protocol №2 of December 22, 2006
Alterations and amendments to the Charter
approved by the Council of the BelCCI
Protocol № 2 of May 17, 2007
Protocol № 1 of April 25, 2008.
Alterations and amendments to the Charter
(Charter in a new edition)
approved by the Council of the BelCCI
Protocol № 2 of December 21, 2011
Alterations and amendments to the Charter were approved by Congress of the BelCCI
Resolution №2 of October 24, 2013.
Alterations and amendments to the Charter
(Charter in a new edition)
approved by the Council of the BelCCI
Protocol № 2 of October 31, 2022.
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CHARTER
OF
BELARUSIAN CHAMBER OF COMMERCE AND INDUSTRY
Minsk
2022
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Article I. GENERAL PROVISIONS
1. Belarusian Chamber of Commerce and Industry, abbreviated name in English – BelCCI, is a voluntary association of legal entities and individual entrepreneurs, a non-governmental, non-profit organization, established to promote the development of entrepreneurship in the Republic of Belarus, integrate its economy into the world economic system and create favorable conditions for strengthening foreign economic relations of business entities with foreign partners.
2. The BelCCI is guided in its activities by the Constitution of the Republic of Belarus, other acts of the legislation and this Charter.
3. The Ministry of Foreign Affairs of the Republic of Belarus is responsible for the coordination of the BelCCI activities.
4. The activities of the BelCCI are based on the following principles:
legality;
voluntary association of the BelCCI members;
equality of the members of the BelCCI;
non-interference of the BelCCI into the activities of its members;
independence;
publicity.
5. The BelCCI is:
a legal entity;
has a separate property, its own balance and bank accounts which are opened in the order established by the legislation of the Republic of Belarus;
is responsible for its obligations with all property belonging to it;
is not responsible for the obligations of its members, as well as members of the BelCCI are not responsible for its obligations, with the exception of cases provided by the legislation and this Charter.
has a seal, stamps, letterheads with its name and symbols;
has the right to be a founder (participant, member) only of those legal entities whose activities are aimed at achieving the objectives of the BelCCI, including arbitration courts, to establish representative offices and branches and exercise other powers in accordance with the legislation.
6. The BelCCI conducts clerical work, ensures the accumulation, registration, storage and use of archive documents in accordance with the legislation of the Republic of Belarus.
7. The legal address of the BelCCI: 220029, 11 Kommunisticheskaya Street, Minsk.
Article II. TASKS OF THE BELCCI
8. The main tasks of the BelCCI are:
facilitating communication between its members and foreign investors, increasing of export of Belarusian goods (works, services);
providing practical assistance to the BelCCI members in the development of competitive goods production and trade operations in foreign markets;
representation and protection of the interests of the members of BelCCI in foreign trade activity, both in the Republic of Belarus and in any foreign countries;
development and strengthening of relations with the chambers of commerce and industry, associations, unions of entrepreneurs and other organizations of any foreign countries;
dissemination of information on export, industrial, scientific and technological potential of the Republic of Belarus, its national legislation in the field of foreign economic activities, customs and rules of international trade;
carrying out advisory and information activities on researching and searching for foreign markets, searching for foreign partners for economic cooperation, assisting in establishing their contacts with the members of the BelCCI;
improving the system of training and internship for specialists on foreign economic activity;
organization of international and national exhibitions and fairs.
9. The BelCCI, in order to achieve its objectives and fulfil its tasks, carries out the activities not prohibited by the legislation, including:
9.1. in the field of foreign economic cooperation:
assistance to the BelCCI members in establishing scientific, technological and industrial cooperation, development of other forms of foreign economic cooperation;
assistance in expansion of export of Belarusian goods (works, services), identification and involvement in the foreign trade turnover of unused resources, new types of goods (works, services), business planning;
inviting foreign delegations to Belarus, assisting the BelCCI members in holding meetings and negotiations;
organizing and holding of the Economic Days, symposia and conferences in the Republic of Belarus, presentations of legal entities and individual entrepreneurs of the Republic of Belarus and foreign states;
organization of training for specialists on the issues related to foreign economic activity in the Republic of Belarus and in foreign countries, and other activities aimed upgrading the skills of managers and specialists, members of the BelCCI;
9.2. in the field of exhibition and trade fair activities:
coordination of exhibition and fair activities in foreign states;
management of the republican resources, budgeted to finance the organization of national exhibitions (expositions) in foreign states in order for them to be used as determined by the Council of Ministers of the Republic of Belarus;
development and independent submission, in accordance with the established procedure, to the Council of Ministers of the Republic of Belarus of draft normative legal acts of the Government of the Republic of Belarus on the issues related to the coordination of exhibition and fair activities in foreign states;
counselling on exhibition and fair activities;
providing information on exhibitions and fairs held in the Republic of Belarus and in foreign states;
organization of joint group participation of legal entities and individual entrepreneurs of the Republic of Belarus in exhibitions and fairs held in the Republic of Belarus and in foreign states;
participation in the organization and holding of exhibitions in foreign states, as well as holding exhibitions of foreign states in the Republic of Belarus;
training of specialists, legal entities and individual entrepreneurs of the Republic of Belarus on participation in international exhibitions and fairs in the Republic of Belarus and in foreign states;
9.3. in the field of expert examination, legal support of foreign economic activities and patent and licensing activities:
carrying out expert examination of the quality, quantity, completeness of goods, raw materials and equipment, assessment of property value, as well as counselling on these types of examination;
issue and attestation of certificates of origin of goods and identification whether goods (works, services) are domestically produced, in accordance with the procedure determined by the legislation;
authentication of the documents used in international economic turnover, in accordance with the procedure determined by the legislation;
force majeure certification in accordance with the terms of foreign trade and international treaties of the Republic of Belarus, as well as other obligations not fulfilled or improperly fulfilled by individuals in their business activity;
performing the functions of a guaranteeing and issuing association under the Customs Convention on the ATA Carnet for the Temporary Admission of Goods signed on December 6, 1961 and the Convention on Temporary Admission agreed on 26 June 26, 1990;
assistance to legal entities and individual entrepreneurs of the Republic of Belarus and foreign states in elaboration and preparation of preliminary agreements, draft treaties and other documents required for foreign economic and entrepreneurial activities;
preparation of documents for state registration in the Republic of Belarus of commercial organizations, founders (participants, property owners) 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 whose founders (participants, property owners) are legal entities 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, as well as for obtaining permission to open representative offices of foreign organizations in the Republic of Belarus;
legal assistance to business entities on the creation and use of intellectual property (inventions, utility models, industrial designs, trademarks, service marks, software products);
9.4. in the field of information and advertising:
sharing commercial information with chambers of commerce and industry, associations, unions of entrepreneurs and other organizations of foreign states;
dissemination of information on foreign economic and business activities in the Republic of Belarus, and on the activities of the BelCCI;
publication of catalogues, bulletins, magazines and other printed materials;
maintenance of the Register of the business entities of the Republic of Belarus, official information about which indicates their good faith as partners for business activities in the Republic of Belarus and abroad.
Article III. MEMBERSHIP IN THE BELCCI
10. Any legal entities and individual entrepreneurs can be members of the BelCCI as soon as they recognize and comply with this Charter, pay membership fees and as soon as their activities meet the goals and tasks of the BelCCI.
The conditions, procedure of acquisition and loss of membership in the BelCCI are determined by the Regulation on the BelCCI Membership approved by the Presidium of the BelCCI.
The refusal to accept a legal entity or an individual entrepreneur to the BelCCI, as well as the decision to exclude from the list of the BelCCI members may be appealed by this legal entity or individual entrepreneur in court within six months from the date of refusal or decision.
Members of the BelCCI may withdraw from membership at any time.
11. Members of the BelCCI have equal rights and bear equal responsibilities associated with the membership in the BelCCI, participate in the activities of the BelCCI through their representatives.
12. Members of the BelCCI have the right to:
elect delegates to the BelCCI Congress in accordance with the procedure determined by the Council of the BelCCI;
to elect and be elected to the governing bodies of the BelCCI;
elect delegates to the BelCCI Congress in accordance with the procedure determined by the Council of the BelCCI;
participate in committees and other advisory bodies of the BelCCI;
participate as a matter of priority in the events organized by the BelCCI (seminars, conferences, etc.).
13. Members of the BelCCI are obliged to:
actively participate in the fulfilment of the statutory goals and tasks of the BelCCI;
pay membership fees on time, the amount and method of payment is determined by the Presidium of the BelCCI;
conduct activities on the principles of respect and integrity, avoiding unfair competition, including in relation to the BelCCI and organizations established by it;
comply with the decisions of the governing bodies of the BelCCI concerning members of the BelCCI;
promptly notify the BelCCI of reorganisation, change of the name, location, contact details, change of manager, the decision to terminate activities (liquidation);
not to commit the acts, including the information dissemination, undermining the authority, image and business reputation of the BelCCI.
Article IV. GOVERNING BODIES OF THE BELCCI
14. The governing bodies of the BelCCI are the Congress, the Council, the Presidium and the Chairman.
15. The meetings of the Congress, the Council and the Presidium may be held in present, absentee or mixed form.
In the case of an absentee form, the voting shall be conducted by written questionnaire.
Decisions of the Congress, the Council and the Presidium shall be taken by open voting by the majority of voices of the members (delegates) present at the meetings.
16. The Congress is the supreme governing body, convened by the Council at least once every three years.
The time, place and form of the Congress, its agenda, the procedure for electing delegates is approved by the Council's decision, and the BelCCI informs its members about it not later than 30 days before the Congress.
The Congress shall be considered to be competent if at least two thirds of the delegates elected to it are present.
17. The Congress is entitled to:
approve the Charter of the BelCCI and make alterations and amendments to it;
determine the main directions, priorities and forms of the BelCCI's activities for the implementation of its statutory tasks;
determine the number of the Council members of and elect them;
elect the Auditing Committee for a period of three years;
hear the reports of the BelCCI and the Auditing Commission on the activities of the BelCCI during the reporting period;
decide on the reorganization and liquidation of the BelCCI.
18. The Council is a governing body elected by the Congress for a period of three years to manage the activities of the BelCCI between Congresses.
The Council, ex officio, includes the Chairman of the BelCCI and his/her deputy (deputies).
The Council shall meet at least once a year and shall be considered to be competent if more than a half of its members are present.
19. The Council is entitled to:
alter and amend these Charter between Congresses;
review and approve annual reports on the work of the BelCCI and the Presidium, as well as to hear the reports of the Auditing Committee;
approve the composition of the Presidium on the proposal of the Chairman of the BelCCI.
20. The Council, on the proposal of the Ministry of Foreign Affairs of Republic of Belarus is entitled to:
elect (appoint) the Chairman of the BelCCI for a period of five years (it is permitted to elect the Chairman of the BelCCI for a new term(s));
dismiss the Chairman of the BelCCI.
The registration of labor relations with the Chairman, including the conclusion of an employment contract, is carried out by the person authorised by the Council.
The BelCCI notifies the Ministry of Foreign Affairs of the Republic of Belarus in writing on the expiration of the Chairman's term at least three months before the expiration.
Election of the Chairman of the BelCCI for a new term, extension (conclusion) of a new employment contract shall be carried out in accordance with the procedure provided in sections one to four of this paragraph.
21. The Presidium is the executive body responsible for carrying out the current management of the BelCCI/ The Presidium composition is approved by the Council on the proposal of the Chairman of the BelCCI.
The Presidium, ex officio, includes the Chairman of the BelCCI and his/her deputy (deputies).
The Presidium shall meet at least once every three months and shall be considered to be competent if more than a half of its members are present.
22. The Presidium is entitled to:
admit and exclude members of the BelCCI;
determine the amount, procedure and terms for the payment of entrance and membership fees;
approve yearly comprehensive and financial work plans of the BelCCI and reports on their implementation;
approve the annual cost estimate of the BelCCI and the report on its implementation;
determine the salaries, incentive and compensating payments of the Chairman of the BelCCI and his/her deputy (deputies);
form committees on the issues related to the implementation of the statutory tasks of the BelCCI;
approve the procedure and guidance for the bodies that consider disputes between business entities;
take decisions on the participation of the BelCCI as a founder (participant) of legal entities, including approval of constitutive documents, as well as to approve the reorganization and liquidation of these legal entities.
23. The Chairman:
is the head of the BelCCI, the Chairman of the Council and the Presidium;
acts in the name of the BelCCI without any power of attorney, represents the BelCCI in relations with public authorities and administrative bodies, legal entities and individual entrepreneurs both in the Republic of Belarus and in foreign states;
appoints the deputies of the BelCCI Chairman and defines their responsibilities;
approves tariffs for the work and services of the BelCCI;
manages the funds of the BelCCI and solves current issues of planning, financing, logistics, structure, staffing of the BelCCI, as well as other issues in accordance with the legislation.
Article V. THE BELCCI AUDIT COMMISSION
24. The Audit Commission carries out internal control over the financial and business activities of the BelCCI.
Members of the Audit Commission cannot be members of the governing bodies of the BelCCI, employees of the BelCCI or the legal entities created by it, including representative offices and branches.
The work of the Audit Commission is managed by the Chairman, elected by its members from within the Commission.
Meetings of the Audit Commission shall be held if necessary, but at least once a year.
25. Reports of the Audit Commission on the results of internal control of the financial and business activities of the BelCCI shall be submitted to the Council or the Congress.
The requirements of the Audit Commission are mandatory for all the governing bodies of the BelCCI, its members and legal entities created by it.
Article VI. THE PROPERTY OF THE BELCCI
26. The property of the BelCCI is formed of the entrance and membership fees, profits from the business activities of the BelCCI, allocations from the legal entities created by the BelCCI, and other income and receipts not prohibited by the legislation, and the property is owned by the BelCCI.
Members of the BelCCI forfeit their rights to the property transferred to the BelCCI as entrance and membership fees.
27. The BelCCI can own buildings, constructions, equipment, vehicles that are related to transport and monetary means, securities and other property necessary for the implementation of the statutory tasks.
28. The income, profit and other property of the BelCCI may not be distributed among its members and shall be used only for the fulfilment of statutory tasks.
Article VII. REORGANISATION AND LIQUIDATION OF BELCCI
29. Reorganisation and liquidation of the BelCCI is carried out by the decision of the Congress, as well as in other cases stipulated by the legislation.
30. After the liquidation of the BelCCI, the property remaining after claims of all creditors are satisfied shall be used upon the decision of the liquidation commission for the purposes provided in this Charter.