Charter of CCI RT

 

Article I. GENERAL PROVISIONS

  1. The Chamber of Commerce and Industry of the Republic of Tajikistan (hereinafter CCI the Republic of Tajikistan, the Chamber) is a non-governmental, non-profit organization uniting CCI members, Tajik enterprises, including foreign, joint ventures and Tajik entrepreneurs, and expressing the interests of enterprises, associations and organizations in the implementation of economic activities, including foreign economic relations of the Republic of Tajikistan.
  2. CCI of the Republic of Tajikistan operates on the basis of the Constitution, the Law “On the Chamber of Commerce and Industry of the Republic of Tajikistan”, other laws and legal acts of the Republic of Tajikistan and this Charter. CCI of the Republic of Tajikistan is engaged in economic activities only because it is necessary for the performance of its statutory tasks and does not distribute the profits among its members.

З. CCI of the Republic of Tajikistan performs its functions independently or through the regional chambers, its representative offices and institutions.

  1. CCI of the Republic of Tajikistan is a legal entity, has its segregated property accounted in its own balance sheets, may acquire in its own name and enjoy proprietary and personal non-proprietary rights and bear responsibilities, act as plaintiff and defendant in the courts, economic or arbitration court.
  2. CCI of the Republic of Tajikistan performs its functions on the territory of the Republic of Tajikistan based on the principles of full economic calculation and self-financing.
  3. The State and its bodies are not liable for the obligations of CCI of the Republic of Tajikistan, since the Chamber is not liable for the obligations of the State and its bodies. CCI of the Republic of Tajikistan is not liable for for the obligations of the members of the Chamber, since the members of the CCI of the Republic of Tajikistan are not liable for the obligations of the Chamber. CCI of the Republic of Tajikistan is not liable for the obligations of the organizations created by it, since these organizations are not liable for the obligations of the Chamber, except in cases provided for by current legislation. The relationship between the Chamber and the organizations created by it is determined by the current legislation of the Republic of Tajikistan, the “Law on the Chamber of Commerce and Industry of the Republic of Tajikistan”, the Charter of the Chamber, their approved Charters and Regulations.
  4. CCI of the Republic of Tajikistan may engage in entrepreneurial activities only insofar as it is necessary for the performance of its statutory tasks and does not distribute its income among the Chamber members.
  5. CCI of the Republic of Tajikistan has an independent balance, seal, flag with the image of its emblem – the Mercury wand, and its name in the Tajik and Russian languages, as well as bank settlement and currency accounts.
  6. Location of the Chamber of Commerce and Industry of the Republic of Tajikistan: Dushanbe, Valamatzade St., 21.

 

Article II. GOALS, OBJECTIVES AND FUNCTIONS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN

 

  1. The main goals of the CCI of the Republic of Tajikistan are: contribute to the development of the republic’s economy, its integration into the world economic system; the formation of a modern structure of market relations; the creation of favorable conditions for business activities; and the full expansion of trade, economic, scientific and technical ties with other countries.
  2. CCI shall pursue the tasks and functions stipulated by the Law “On the Chamber of Commerce and Industry of the Republic of Tajikistan” and the Charter, operate in accordance with the Constitution, the Law “On the Chamber of Commerce and Industry of the Republic of Tajikistan”, other laws and legal acts of the Republic of Tajikistan:
  3. provides assistance, protect the interests of the Chamber members within the Republic of Tajikistan, as well as contributes to the establishment of direct trade, industrial, scientific and technical relations between the Chamber members and enterprises, organizations and firms of other countries, the establishment of joint ventures, international associations and organizations;
  4. according to the established order, participates in the development of relations with foreign business and public circles, as well as with organizations uniting or representing them, participates in various international organizations, and may become a part of joint chambers of commerce;
  5. invites and meets, in accordance with the established procedures, foreign trade, economic, scientific and technical delegations, entrepreneurs and representatives of public organizations, and also makes proposals for sending abroad its representatives as part of trade, economic and other delegations to fairs, exhibitions and other events;
  6. organizes trainings and internships for specialists from the Chamber members and other enterprises and organizations engaged in business activities and other types of training, including abroad;
  7. carries out the necessary activities for the participation of the Chamber members and other organizations, enterprises, firms and cooperatives of the Republic of Tajikistan in the abroad trade and industrial exhibitions of the Republic of Tajikistan;
  8. participates in the development of policy and coordination of exhibition and fair activities and organizes international, specialized, commercial and industrial exhibitions, national exhibitions and fairs in the Republic of Tajikistan, as well as congresses, conferences, symposia and other similar events;
  9. executes orders of legal entities and individuals of the Republic of Tajikistan and foreign countries to conduct an independent examination of quality, quantity and completeness of imported and expert goods, including raw materials and equipment;
  10. issues certificates of origin of goods exported from the Republic of Tajikistan, as well as invoices and other shipping documentation for these goods and other documents related to foreign economic activity in accordance with the terms of foreign trade transactions, international agreements, force majeure circumstances;
  11. distributes reference and information materials on the economy and foreign trade of the CIS countries and other foreign countries, on the activities of chambers, companies, associations, unions, companies, concerns, banks, business circles, international foreign economic and other organizations;
  12. studies, summarizes and publishes newspapers, magazines, newsletters, directories, information and advertising materials on issues within the competence of the Chamber. Creates and/or participates in the creation of programs on television and radio to support business activities;
  13. executes orders for the production of artistic and promotional papers for the Chamber members, exporters-suppliers and other organizations and institutions, as well as for participants in international fairs and exhibitions;
  14. executes orders of enterprises and organizations operating in the Republic of Tajikistan for the creation and development of trademarks and contributes to their registration;
  15. executes orders for translations of economic and scientific-technical documentation, reference and informational and promotional materials, makes oral and written translations from the state and foreign languages and into foreign languages, and also provides services to individuals in the translation of various materials;
  16. in accordance with the current legislation of the Republic of Tajikistan, carries out an independent assessment of various types of property (conducts expertise, determines the residual value and commissioning of buildings and structures, real estate, vehicles of all types, natural disasters (and other unforeseeable circumstances) for all types of industrial and food products, building materials, for all types of goods of light and heavy industry, for used products and other types);
  17. contributes to the promotion of investment in the economy of the Republic of Tajikistan;
  18. provides Tajik and foreign organizations, entrepreneurs, their communities, unions, associations with information and advisory services on the organization and business activity, market research, foreign economic and monetary transactions, as well as other issues within the competence of the Chamber. Promotes the development of infrastructure for information services for entrepreneurship in Tajikistan and abroad;
  19. contributes to the settlement of disputes arising between enterprises and entrepreneurs.

The Chamber performs other tasks determined by laws and other legal acts of the Republic of Tajikistan.

 

Article III. RIGHTS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN

 

  1. To implement the tasks and functions defined by the Law “On the Chamber of Commerce and Industry of the Republic of Tajikistan” and this Charter, the Chamber of Commerce and Industry has the right prescribed by applicable law to:
  2. participate in the preparation of draft laws and other legal acts of the Republic of Tajikistan in the field of economics, the implementation of foreign economic relations, as well as on other issues affecting the interests of entrepreneurs and the Chamber members;
  3. represent and protect the legitimate interests of its members in government and other bodies;
  4. make all kinds of transactions with legal entities and individuals and other legal acts;
  5. create, establish, reorganize and liquidate enterprises, organizations, trading houses, firms, stock exchanges, joint-stock companies and other legal entities engaged in business activity on the territory of the Republic of Tajikistan and abroad and participate in them;
  6. build, acquire, alienate, rent and lease all kinds of movable and immovable property in the territory of the Republic of Tajikistan;
  7. open its branches and representative offices in the republic and abroad to support business relations, partnerships, and business activities;
  8. independently determine the methods of practicing their economic activities, determine the structure, staff, number of employees, forms and amounts of remuneration and material incentives for their labor;
  9. render, in the manner prescribed by the Law, assistance to domestic and foreign enterprises and entrepreneurs in patenting, inventing utility models, industrial designs, service marks and appellations of origin;
  10. according to the procedure established by law, provide assistance to domestic and foreign enterprises and entrepreneurs in patenting, inventing utility models, industrial designs, trademarks and appellations of origin of goods;
  11. keep a non-state Register of Domestic Enterprises and Entrepreneurs whose financial and economic position indicates their reliability as partners for entrepreneurial activities in the republic and abroad;
  12. organize international exhibitions, as well as provide preparation and organization of domestic goods exhibitions abroad;
  13. be part of unions, associations, federations and other communities interaction with which can serve a more complete and comprehensive performance of the Chamber, as defined by the Law and this Charter;
  14. open accounts in domestic and foreign currency in credit institutions both in the Republic of Tajikistan and abroad for crediting funds received from foreign citizens, enterprises and organizations, and, if necessary, close them, in accordance with the legislation of the republic and other states of the credit institutions;
  15. Exercise other rights that do not contradict the legislation of the Republic of Tajikistan.

Legal documents issued by the Chamber of Commerce and Industry within its competence are recognized throughout the territory of the Republic of Tajikistan.

 

Article IV. MEMBERS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN, THEIR RIGHTS AND RESPONSIBILITIES

 

  1. The members of the Chamber of Commerce and Industry may be legal entities and individuals of the Republic of Tajikistan and their associations.
  2. Members of ССШ of the Republic of Tajikistan through their authorized representatives have the right to:
  3. elect delegates to the Congress of CCI of the Republic of Tajikistan, elect and be elected to the governing bodies of the Chamber as determined by the Council of the Chamber;
  4. submit proposals to the Presidium of the Chamber related to its activities;
  5. apply to the Chamber for necessary assistance in resolving issues that are within its activities;
  6. benefit from the services of the Chamber, its enterprises and institutions on favorable terms determined by the Chamber governing bodies.
  7. Members of the Chamber of Commerce and Industry of the Republic of Tajikistan are obliged to:
  8. actively contribute to the implementation of the tasks and functions of the Chamber;
  9. pay membership fees. The payment amount and procedure are established by the Chamber Council;
  10. operate on the principles of respect for the partner, integrity, avoiding cases of unfair competition.
  11. The procedure for admission to membership of the Chamber and exclusion of members is established by the Chamber Council.

The decision on the admission to the Chamber membership and their exclusion from the list of the Chamber members is made by the Presidency of the Chamber, followed by agreement and approval by the Chamber Council.

The decision of the Presidium on these issues may be appealed at the Chamber Council and Congress.

The matter for the decision on admission to the Chamber of Commerce and Industry of the Republic of Tajikistan is a written statement addressed to the Chairman of the Chamber Presidium.

  1. A member of CCI of the Republic of Tajikistan may terminate his/her membership in the Chamber by submitting a written application addressed to the Chairman of the Presidium of the Chamber. In this case, membership fees for the year during which the membership is terminated are paid back.
  2. A member of CCI of the Republic of Tajikistan who does not fulfill one of the obligations specified in paragraph 15 of this Charter may be excluded from the members of the Chamber of Commerce and Industry of the Republic of Tajikistan.
  3. Organizations and entrepreneurs included in organizations that unite them (unions, associations, etc.) do not become members of the Chamber when these organizations join CCI of the Republic of Tajikistan.

 

Article V. GOVERNING BODIES OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN

 

  1. The governing bodies of the Chamber of Commerce and Industry of the Republic of Tajikistan are: the Congress of CCI of the Republic of Tajikistan, the Council of CCI of the Republic of Tajikistan and the Presidium of CCI of the Republic of Tajikistan.

 

CONGRESS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN

 

  1. The highest governing body of CCI of the Republic of Tajikistan is the Congress of the Chamber of Commerce and Industry of the Republic of Tajikistan.
  2. Regular congresses of CCI of the Republic of Tajikistan are convened by the Presidium of the Chamber at least once every five years.

To address urgent issues, extraordinary meetings of the Chamber Congress can be convened. Extraordinary congresses are convened by decisions of the Chamber Council of the, at the request of the Auditing Commission, or at the request of at least 1/3 of the Chamber members.

The Presidium sends notices to the Chamber members on the time and place of the Congress of the Chamber of Commerce and Industry of the Republic of Tajikistan, as well as issues proposed for consideration, no later than 30 days before the opening of the Congress. The announcement of the Congress is published in print.

  1. The rate of representation, the procedure for electing delegates to the Congress, or the procedure for the participation of the Chamber members in Congresses of CCI of the Republic of Tajikistan shall be established by the Chamber Council.
  2. The Congress of the Chamber of Commerce and Industry of the Republic of Tajikistan:
  3. considers reports on the Chamber’s activities, reports of the Auditing Commission and makes decisions based on them;
  4. elects the Council and the Chairman of the Chamber for a period of 5 years;
  5. elects the Audit Commission of the Chamber for a period of 5 years and approves the regulations on its activities;
  6. approves, amends and make changes to the Charter of the Chamber of Commerce and Industry of the Republic of Tajikistan;
  7. considers other issues related to the Chamber’s activities;
  8. decides on the termination of the Chamber’s activities.
  9. The Congress of the Chamber of Commerce and Industry of the Republic of Tajikistan is considered authorized if there are more than 50% of the delegates elected to the Congress.

Decisions at regular and extraordinary Congresses of the Chamber of Commerce and Industry of the Republic of Tajikistan are taken by open vote. The Congress has the right to decide on holding a secret ballot. The decision is considered adopted if more than 50% of the delegates present at the Congress voted for it. The decisions on reorganization, termination of the Chamber’s activities and on amendment and supplementng the Charter are considered adopted if a qualified majority of more than 50% of the delegates present at the Congress vote for them.

  1. Decisions of the Congress come into force immediately, unless otherwise specified in the decision.