Regulations on foreign representatives



Belarusian Chamber of

Commerce and Industry

(BelCCI)

ADOPTED

Minutes of the BelCCI Presidium No 2        

07/06/13

 

 

REGULATIONS

On Belarusian Chamber of Commerce and Industry foreign representatives

 

CHAPTER 1

GENERAL PROVISIONS

1. The Regulations on Belarusian Chamber of Commerce and Industry (hereinafter referred to as the BelCCI) foreign representatives define the BelCCI foreign representative (hereinafter referred to as a BelCCI representative) appointment and dismissal procedure, as well as their functions within the territory of the country of residence.

2. BelCCI representatives are individuals that are not employed by the BelCCI and instructed to act in the interests of the BelCCI on a voluntary basis.

As a rule, a foreign national holding a high (decent) social position in the country of residence and possessing the necessary personal qualities as well as the ability to properly carry out the functions assigned to him/her may be appointed as a BelCCI representative.

3. BelCCI representatives shall be governed by the laws of the Republic of Belarus and the country of residence, international treaties which the Republic of Belarus is part to, the generally recognized principles of international law and international customs, as well as the Statute of the BelCCI, the decisions of congresses and the BelCCI Presidium, the orders of the Chairman of the BelCCI, the instructions of BelCCI leaders and these Regulations.

4. The legal status of BelCCI representatives in the country of residence shall be determined in accordance with the laws of the Republic of Belarus and the laws of the country of residence.

5. The BelCCI shall not be liable for the obligations of BelCCI representatives. In turn, BelCCI representatives shall not be responsible for the liabilities of the BelCCI.

 

CHAPTER 2

BELCCI REPRESENTATIVE APPOINTMENT AND DISMISSAL PROCEDURE

6. In order for a candidate to be appointed to the position of a BelCCI representative an applicant himself or a requesting organization shall send a letter to the BelCCI with a proposal to appoint a particular person as a BelCCI representative with the following documents enclosed:

candidate’s application requesting the appointment to the position of a BelCCI representative;

candidate’s biographical data;

references signed by a requesting organization or written on behalf of individuals holding prominent public positions in the country of residence (if any), as well as the leaders of the Chamber of Commerce and Industry of the country of residence;

copy of the passport;

2 color photos 3*4 cm;

contact information (place of residence, addresses, contact numbers, etc.).

7. The documents referred to in paragraph 6 of these Regulations shall be considered by the International Cooperation Department of the BelCCI, which shall arrange a corresponding request to the Ministry of Foreign Affairs of the Republic of Belarus on approval for the purpose intended.

8. The International Cooperation Department of the BelCCI on the consideration of the Ministry of Foreign Affairs of the Republic of Belarus of a candidate to be appointed to the position of a BelCCI representative and in consultation with the Deputy Chairman of the BelCCI shall submit the memorandum justifying (rejecting) such an appointment to the BelCCI Chairman.

In case of Chairman’s approval of a candidate to be appointed the BelCCI Department of Information and Organizational Support shall prepare a corresponding draft of the BelCCI Presidium protocol.

9. A BelCCI representative:

9.1. is considered to be appointed to the position after the signing of the protocol of the BelCCI Presidium referred to in paragraph 8 of these Regulations;

9.2. is allowed to act on behalf of the BelCCI as soon as:

a standard certificate (the sample form in Annex 1) and a power of attorney to carry out activities in the country of residence (the sample form in Annex 2) are surrendered to him/her;

he/she studies the present Regulations and proves it in writing.

In addition, a BelCCI representative set form and a business card shall be transmitted to a BelCCI representative on electronic media (the sample form in Annex 3).

In case the term of the power of attorney to carry out activities in the country of residence needs to be extended, a BelCCI representative shall in advance extend a written request to the BelCCI.

10. The reasons for the termination of the functions carried out by a BelCCI representative are as follows:

personal solicitation of a BelCCI representative;

information supplied by the Ministry of Foreign Affairs of the Republic of Belarus or other organizations, determining a necessity to release a representative from the office;

representative’s systematic non-observance of the BelCCI Statute, decisions of the congresses and the BelCCI Presidium, orders and instructions of the Chairman of the BelCCI, instructions of BelCCI leaders and the current Regulations.

11. Provided there are grounds for the termination of the functions carried out by a BelCCI representative, the International Cooperation Department of the BelCCI in consultation with the BelCCI Deputy Chairman shall draw up and submit a memorandum justifying the release from office of a BelCCI representative to the BelCCI Chairman.

In case of Chairman’s approval of the decision the BelCCI Department of Information and Organizational Support shall prepare a corresponding draft of the BelCCI Presidium protocol.

12. A BelCCI representative shall be considered dismissed from the post after the BelCCI Presidium protocol (referred to in paragraph 11 hereof) is signed.

13. When dismissed a BelCCI representative shall return a standard certificate and a power of attorney to carry out activities in the country of residence to the BelCCI (in case it is still valid).

 

CHAPTER 3

Tasks, obligations and rights of BelCCI representatives

14. The main tasks of BelCCI representatives are as follows:

to support the creation of favorable conditions for the export of Belarusian goods and services within the country of residence;

to assist the Belarusian business entities (members of the BelCCI) in conducting foreign trade operations and the developing of new trade and economic cooperation models;

to promote the establishment and development of business contacts between the BelCCI and chambers of commerce and industry, government bodies, businesses and non-profit organizations and other partner organizations of the country of residence in the field of foreign trade, as well as to attract foreign investment into the economy of the Republic of Belarus;

to represent the interests of the BelCCI and BelCCI members in the country of residence.

15. A representative of the BelCCI within one’s competence shall meet the following responsibilities:

15.1. shall collect and submit to the BelCCI:

information analysis products and reference data suggesting the solutions for trade and economic cooperation development between the Republic of Belarus and the country of residence, giving an insight into market trends and conditions, business missions exchange, as well as other matters of interest to the BelCCI;

legislative acts, rules, and regulations governing foreign trade and business activities in the country of residence;

analysis of exhibition activities, major products and services, organization of product quality examination and certification, intellectual property rights protection, arbitral authorities operation;

recommendations on exhibitions, fairs, and other congress events held in the country of residence, participation in which may be of interest to Belarusian organizations, as well as working out the details to provide the latter with preferential participation conditions;

information concerning unfair competition and inconsistency with the principles of good partnership practices in the country of residence on the part of both Belarusian and foreign organizations;

15.2. shall maintain business contacts with business councils and other business associations and partner organizations of the BelCCI within the country of residence, which contribute to the development of cooperation with the Republic of Belarus;

15.3. shall provide practical assistance on BelCCI request to the BelCCI and Belarusian business entities in:

data collection on problem areas and other issues of concern related to cooperation between Belarus and the country of residence;

representation and protection of their interests on issues related to economic activities implementation in the country of residence, including the contribution to the settlement of disputes between them and their foreign partners;

search for potential partners in the country of residence, the establishment of direct business communications, that includes involving, on agreed terms, specialized organizations to provide consulting and information services concerning market research, engineering, marketing, industrial property protection, legal and other issues;

organization of meetings, negotiations, seminars and other events with the participation of interested Belarusian and residence country organizations;

organization of Belarusian expositions, exhibitions, trade fairs, set up of advertising and information booths in the country of residence, as well as attraction of business entities to participate in exhibitions held in the territory of the Republic of Belarus;

organization of missions to the country of residence and the Republic of Belarus;

organization and conduct of Belarusian goods advertising events abroad, as well as residence country goods advertising events in the Republic of Belarus;

organization of potential foreign partners’ business standing and reliability audit;

15.4. shall advocate for the attraction of foreign investments into Belarusian economy, assist in the promotion and implementation of investment projects designed by Belarusian organizations in the territory of the country of residence and, on agreed terms, investment projects of foreign companies in the Republic of Belarus;

15.5. if requested by the BelCCI, shall represent its interests in the country of residence regarding foreign economic activities, and cooperate, if necessary, with the diplomatic office of the Republic of Belarus, the Belarusian business representatives and organizations in the country of residence;

15.6. shall disseminate data on the economy of the Republic of Belarus, the activities of the BelCCI and its members, as well as the terms of cooperation with the members of the BelCCI within the territory of the country of residence;

15.7. shall provide assistance in establishing contacts with patent solicitors and applicants, as well as execute the orders of the BelCCI regarding the matters of industrial property protection in the country of residence;

15.8. shall act in accordance with the laws of the country of residence, the Republic of Belarus and these Regulations;

15.9. shall focus his/her activities on the implementation of tasks under and pursuant to these Regulations;

15.10. shall execute within one’s competence the decisions taken by the BelCCI governing bodies, orders, directives and instructions of BelCCI leaders;

15.11. in case of maintaining correspondence with Belarusian enterprises and organizations on matters within the competence of a BelCCI representative, copies of the letters shall be forwarded to the BelCCI for information purposes;

15.12. shall timely submit annual action reports;

15.13. when dismissed a BelCCI representative shall return a standard certificate and a power of attorney to carry out activities in the country of residence to the BelCCI (in case it is still valid).

16. A BelCCI representative possesses the right to:

16.1. use standard set forms and a business cards of a BelCCI representative to perform their duties and functions;

16.2. to contact, within the competence and in the prescribed manner, the officials of government bodies, businesses and other organizations and enterprises of the country of residence and the Republic of Belarus;

16.3. to request within their competence and receive from the BelCCI and its affiliated organizations necessary materials and information to perform the tasks specified in these Regulations.

 

CHAPTER 4

BELCCI REPRESENTATIVE REPORTING ACTIVITIES

17. A BelCCI representative shall annually submit a written action report to the BelCCI no later than January, 10 of the year following the reporting year.

The report must contain detailed information about the tasks and functions performed by a BelCCI representative, including the events conducted and action plan proposals.

18. The information regarding the most important issues shall be forwarded to the BelCCI as frequently as circumstances dictate.

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