TEXT OF THE LAW NO. 1091 OF FEBRUARY 1ST. 1963, ORGANIC OF THE CHAMBER OF COMMERCE OF THE REPUBLIC OF CUBA AS MODIFIED BY LAW NO. 1131 OF NOVEMBER 26 1963.
OSVALDO DORTICÓS TORRADO, President of the Republic of Cuba
BE IT KNOWN: That the Council of Ministers has agreed and I have sanctioned the following:
WHEREAS: The current economic structure that the Revolution has conveyed to Society it becomes necessary to create institutions that contribute to the development of trade, industry and agriculture for the benefit of the general interests of the Nation and, among them, is indispensable the creation of a Chamber of Commerce that has assigned attributions and functions toward this end, as foreign trade is concerned.
WHEREAS: The creation of the Chamber of Commerce that is mentioned in the previous Whereas, supposed the impossibility that private institutions bear that denomination and maintain attributions and functions that should be private of that, as such and how happens with organizations under the economic system that the Revolution has moved, still have formal existence.
THEREFORE: In use of the faculties conferred to the Council of Ministers it resolves to dictate the following:
LAW NO. 1091
ARTICLE 1. Is created as an autonomous organization, the “Chamber of Commerce of the Republic of Cuba”, that will be rule by the dispositions of this law.
ARTICLE 2. The Chamber of Commerce of the Republic of Cuba will have its headquarters in Havana and can, if considered pertinent, to establish delegations in other localities of the national territory and abroad.
ARTICLE 3. The Chamber of Commerce of the Republic of Cuba will have the following purposes and functions:
- Set up and maintain foreign relations with Chambers of Commerce, organizations and institutions of International trade, economic institutions, companies and firms of foreign trade, commodities exchange as well as with business and industrial executives.
- Study and analyze the organization, legislations and techniques of foreign trade from foreign countries and inform of this to the corresponding organizations.
- Study customs and consular legislations and regulations of other countries, informing and advising on matters to the organizations that can be interested.
- Disseminate abroad legislation, organization and technique regarding Cuban foreign trade.
- Disseminate through bulletins, brochures, yearbooks and other publicity means, Cuba’s economic development, exportable products of industry, mining and agriculture according to the directives of the Ministry of Foreign Trade
- Organize and direct the assistance of Cuba to international fairs and expositions related to foreign trade and organize and cooperate in the preparation of those in Cuba.
- Participate in congresses and conferences of the Chambers of Commerce and similar institutions as also organize and sponsor these activities in Cuba.
- Send trade, economic and technical delegations abroad and invite some from other countries to visit us offering attendance during their stay in the Republic.
- Issue certificates of origin of the merchandize, regarding legal regimes of the companies and others that require necessities of foreign trade as well as issue the necessary documentation to the officials of the companies who travel abroad.
- Attend abroad all matters related to the industrial property of the trade, industrial, agricultural, technical, scientific and economic national institutions and cooperate with the registration and renovation of foreign labels and patents in national registries.
- Provide what is necessary for a better administrative performance in the Court of Arbitration of Foreign Trade and the Court of Arbitration of Marine Transportation
- Subscribe agreements, conventions and contracts with similar foreign institutions prior authorization of the Ministry of Foreign Trade.
ARTICLE 4. The Chamber of Commerce of the Republic of Cuba will be made up of active and honorary members.
Active members are the companies of foreign trade, commercial, industrial, agricultural, fishing and transportation, the National Bank of Cuba and any other economic institutions related to foreign trade that request their inscription.
Honorary members are those persons or entities that have given services of relevant utility to the development of trade and national economy and approved as such.
ARTICLE 5. Will government and administration bodies of the Chamber of Commerce of the Republic of Cuba:
- The General Assembly
- The Board of Directors
- The Executive Board
ARTICLE 6. The General Assembly is a higher organ of the Chamber of Commerce of the Republic of Cuba and is made up of all its active members and will meet as many times determined by the Regulation.
ARTICLE 7. The Board of Directors will be formed by members of the Executive Board and three members selected by the General Assembly in the manner and for the period given by the Regulation.
ARTICLE 8. The Executive Board is made up by a President, a Vice President and a Secretary chosen and moved freely by the Ministry of Foreign Trade.
ARTICLE 9. The Chamber of Commerce of the Republic of Cuba will be organized by departments, offices and delegations decided upon by the Executive Board and will have attributions and functions assigned by the Regulation.
ARTICLE 10. The Court of Arbitration of Foreign Trade and the Court of Arbitration of Maritime Transportation will function as parts of the Chamber of Commerce of the Republic of Cuba. Integration, functions and attributions of these Courts will be set down by corresponding laws.
ARTICLE 11. The Chamber of Commerce of the Republic of Cuba will have, as its own incomes, the following:
- The quotas as designated by the Regulation and dispositions of its government bodies paid by the active members of the Chamber.
- The rights by which the Regulation and disposition of institutions are set down by certificates and other documents issued.
ARTICLE 12. The use of the name “Chamber of Commerce” is forbidden by any private institution existing now or organized in the future. No private institution can have, among its objectives and function, those assigned by the Law to the Chamber of Commerce of the Republic of Cuba.
FIRST: Within a time period of ninety work days counted as of the enactment of this Law, private institutions covered by Article 12 will proceed to modify their statutes substituting their names and suppressing objectives and functions that are established as only belonging to the Chamber of Commerce of the Republic of Cuba and will immediately inform of the agreements of the Provincial Government in whose records are entered.
SECOND: Within a time period of thirty days counted from the enactment of this Law, the Minister of Foreign Trade will call upon on the institutions related to Article 4 that can be active members of the Chamber, to designate a Managing Commission that receives the inscriptions of the members and that, within the following thirty days of its integration, will elaborate a project of Regulation of the Chamber of Commerce of the Republic of Cuba and will be submitted to the Council of Ministers. Once approved the Regulation, the Managing Commission will call upon its registered members to thereby constitute the Chamber and elect according to the Regulation, the Board of Directors and Executive Board of the Institution.
FIRST: The Minister of Foreign Trade will in charge with the compliance of the dispositions of this Law and is authorized for this purpose to issue complementary dispositions required.
SECOND: All legal and regulative dispositions that oppose to the fulfillment of the dispositions of the current Law are abolished and it begins in force when published in the Official Gazette of the Republic.
THEREFORE: Sent to be fulfilled and execution of the Law in all its parts.
GIVEN in the Presidential Palace, Havana on February 1st. 1963.