Decree no. 3363

REGULATION OF THE CHAMBER OF COMMERCE OF THE REPUBLIC OF CUBA

 

CHAPTER I

 

General Dispositions

 

ARTICLE 1. The Chamber of Commerce of the Republic of Cuba created as an autonomous institution by Law no 1091 on February 1st. 1963, will be ruled by dispositions of this Law as modified by Law no. 1131 of November 26, 1963, and by what is established in the current Regulation.

 

ARTICLE 2. The Chamber of Commerce of the Republic of Cuba will have its headquarters in Havana and its delegations will be in parts of the national territory or abroad agreed upon by the Executive Board.

 
CHAPTER II

 

Purpose and functions

 

ARTICLE 3. The Chamber of Commerce of the Republic of Cuba will have the following purposes and functions:

a)    To develop and maintain relations with foreign chambers of commerce, organizations and institutions of foreign trade, economic institutions, companies and foreign trade firms, stock exchanges as well as with business and industrial executives.

b)    Study and analyze organizations, legislations and trade technology of foreign countries and report it to the corresponding Cuban organizations.

c)    Study customs and consular legislations and regulations of consular services in other countries informing and advising regarding on these issues to national economic organizations.

d)    Divulge abroad legislations, organization and technology of Cuban foreign trade.

e)     Divulge through bulletins, pamphlets, yearbooks and other means of publicity the Cuban economic development, exportable products of the industry, mining and agriculture in accordance with the directives imparted by the Ministry of Foreign Trade.  

f)      Organize and direct the assistance of Cuba in International fairs and expositions related to foreign trade and organize and cooperate with their preparation in Cuba.  

g)    Participate in congresses and conferences of chambers of commerce or similar institutions as well as organize and sponsor these activities in Cuba.

h)    Send trade, economic and technology delegations abroad and invite other countries to visit Cuba attending them during their stay in the Republic.

i)    Issue certificates of origin of merchandize, on the legal regimen of the companies and others required by foreign trade as well as issuing the necessary documentation to the officials of the companies who travel abroad.

j)    Give attention abroad everything related to industrial property of the commercial, industrial, agricultural, technical, scientific and economic institutions of the Republic and cooperate with the inscription and renovation of foreign labels and patents in national registries.

k)     Provide what is necessary for a better administrative development of the Court of Arbitration of Foreign Trade and the Court of Arbitration of Maritime Transportation. 

l)      Subscribe agreements, conventions and contracts with other similar foreign institution prior authorization by the Ministry of Foreign Trade.

 

CHAPTER III

 

Regarding the members

 

ARTICLE 4. Active members of the Chamber, taking into account the nature of their activities, are classified as follows:

 

a)    Companies of foreign trade

b)    Commercial companies

c)    Industrial companies

d)    Agricultural companies

e)   Fishing companies 

f)    Transportation companies

g)   National Bank of Cuba

h)   Other economic organizations

 
ARTICLE 5. Allowed to join the Chamber of Commerce of the Republic of Cuba as active members, companies and institutions referred to in the preceding Article whose activities are related to foreign trade, which request their inscription and are approved by the Executive Board.

 
ARTICLE 6. Active members will pay a yearly quota that is agreed upon each year by the Executive Board and cannot be less than five thousand pesos ($5 000.00) for companies of foreign trade. All other companies and institution will pay a yearly quota over one thousand pesos ($1 000.00).

 
ARTICLE 7.
Active members will designate one of its officials that hold its representation before the Chamber of Commerce with full faculties for the performance of its functions.

 

The designation of representatives can be revoked at any time by their respective companies or institutions that could immediately communicate to the President of the Chamber as well as the nameof the official whowill replace therevoked


ARTICLE 8. Active members will have the following duties and rights:

  • Offer a maximum of collaboration aimed at increasing trade relations of Cuba with the world.
  • Give support to measures aimed at the development of foreign trade in Cuba.
  • Perform the commissions entrusted by the General Assembly, by the Council of Direction, by the Executive Board and by the President of the Chamber.
  • Comply with the agreements adopted by the General Assembly, the Council of Directors and the Executive Board.
  • Pay punctually the social quotas and attend meetings to which they were  
  • Participate with voice and vote in the General Assembly
  • Request information and figures and advisement on issues related to international trade.
  • Elect and be elected to posts in the Council of Direction.     
  • Request the convening of an Extraordinary General Assembly according to the requisites of the current Regulation.
  • Request the support of the Chamber in any claim in who appears as plaintiff and defendant before foreign courts.
  • Receive information through the Official Bulletin of the Chamber of Commerce of the Republic of Cuba and in any other publications issued.

 

ARTICLE 9. Honorary members are those persons or institutions that have given important services for the development of trade and national economy and proposed and admitted as such in the manner stipulated by the Regulation.

 

ARTICLE 10. Honorary members will have all the rights and duties of active members except the right to vote and obligation to pay any quota.

CHAPTER IV

 

The bodies of the Chamber

 
ARTICLE 11. The bodies of government and administration of the Chamber of Commerce of the Republic of Cuba are the following:

a)     The General Assembly    

b)    The Council of Direction

c)    The Executive Board

 

CHAPTER V

General Assembly

 
ARTICLE 12. The General Assembly is the higher body of the Chamber; it is integrated by all its members and meets in time and form as determined in the present Regulation.

 
ARTICLE 13. The General Assembly holds ordinary and extraordinary sessions.

 
ARTICLE 14. The ordinary session of the General Assembly is held once a year during the first half of the month of November and has the following objectives:  

a)    Approve the annual budget. 
b)   Know the yearly report of the activities of the    

     Chamber
c)    Approve the work plan for the following year.

d)  Learn and decide on the proposals of honorary members submitted to the Council of Direction.

e) Discuss issues listed in the order of the day.  
 

ARTICLE 15. Extraordinary sessions of the General Assembly are held when esteemed necessary by the Executive Board or by written request of the fifth part, at least, of the active members of the Chamber, in which the issue or issues to be discussed is expressed.


ARTICLE 16. The summons for ordinary or extraordinary sessions of the General Assembly are held no less than seventy two hours before the date selected to hold them. The summons will be made by certified mail that will be inserted in at least one daily paper of national circulation.  


ARTICLE 17. Required for the first call assistance of half plus one, at least, of the total number of active members of the Chamber for the General Assembly to meet, both in its ordinary as extraordinary sessions.

 

A second call will be made after five days if quorum is not reached referred to in the previous paragraph and the session will be held with the attendance of any number of members of the Chamber.  

CHAPTER VI

 

Board of Directors

 
ARTICLE 18. The Board of Directors is integrated by members of the Executive Board and three more members elected jointly with three reserve members by the General Assembly, in the form and period determined in the present Regulation. 

 

Could be elected or designated for the posts of the Board of Directors and Executive Board, persons or institutions noteworthy in different sectors of the national economy although they may not be representatives of the active members of the Chamber.

 
ARTICLE 19. The three members that, together with the Executive Board, integrate the Board of Directors as well as substitutes will be elected for a period of two years in the Ordinary General Assembly by a majority of votes of the members present.  

ARTICLE 20. The Board of Directors will hold ordinary sessions once a month and extraordinary ones when estimated necessary by the President of the Chamber or when requested in writing of no less than half the members of the Council of Direction.

 

ARTICLE 21. Quorum for sessions of the Council of Direction, ordinary or extraordinary, will be integrated during the first call by half plus one of the numbers of its members and in a second call three members are enough. Agreements will be taken by the majority of votes, having President votes when there is a tie, vote of quality.

 

ARTICLE 22. The Board of Directors will have the following functions:  

  • Comply with and enforce compliance of the agreements of the General Assembly and the Executive Board regarding the part of interest.
  • Learn and deal with the requests of the active members.
  • Propose to the General Assembly admission of honorary members.
  • Learn of the execution of the annual Work Plan and discuss pertinent measures to improve a better fulfillment.  
  • All the rest assigned by the laws and regulations.

 

CHAPTER VII

 

The Executive Board  
 

ARTICLE 23. The Executive Board is integrated by a President, a Vice president and a Secretary who will be chosen and freely removed by the Minster of Foreign Trade.  

ARTICLE 24. The Executive Board will have the following functions:  

 

  • Comply and make compliance of the law, the regulations and agreements of the General Assembly, the Board of Directors in the part that concerns and rest of the dispositions in force.
  • Learn and solve requests of inscription of new active members.
  • Exercise direct supervision of the different departments that integrate the Chamber of Commerce.
  • Prepare a project of annual budget and submit it for approval to the General Assembly.
  • Elevate to the Minister of Foreign Trade a yearly report on activities held.
  • Establish representations or delegations of the Chamber abroad.
  • The remaining issues assigned by the laws and regulations.  

CHAPTER VIII

 

The President

 
ARTICLE 25. The President will have the following duties and attributes:  

  • Maintain the legal representation of the Chamber of Commerce not only in Cuba but also abroad.
  • Comply and make the law complied, as well as the regulations and agreements of the General Assembly, the Board of Directors and Executive Board as well as the legal dispositions in force.
  • Call a General Assembly, sessions of the Board of Directors and Executive Board; preside over them and lead the discussions.
  • Participate in congresses and conferences of Chambers of Commerce and similar institutions.
  • Organize in Cuba the celebration of congresses and conferences of chambers of commerce and similar institutions, gathering the cooperation of active members of the Chamber.
  • Send trade, economic and technical delegations abroad and invite persons form other countries to visit Cuba, offering attendance during their stay in Cuba.
  • Subscribe agreements, conventions and contracts with other similar foreign institutions, prior authorization of the Ministry of Foreign Trade.  
  • Designate and remove employees of the Chamber.
  • Give the approval to certifications issued by the Secretary.
  • Guide the annual Work Plan of the bodies of the Chamber.
  • Delegate functions considered convenient except when it is forbidden by Law.
  • Grant powers to represent of the organization in legal and extra-legal
  • Open, close and operate bank accounts, authorizing the signatures the institution considers convenient for a correct and efficient management of funds.
  • The remainder assigned by the laws and regulations

 

CHAPTER IX

 

Vice President

 
ARTICLE 26. The Vice President will have the following duties and attributions:   

  • Substitute the President in case of temporary absence.
  • Contribute with the President in the fulfillment of its functions.  
  • Attend with voice and vote in the sessions of the Executive Board, the Board of Directors and General Assembly.
  • Perform the functions delegated by the President

 

CHAPTER X

 

The Secretary

 

ARTICLE 27. The Secretary will have the following duties and attributions:

 

  • Elaborate the acts of the sessions taking care that once approved, they are transcribed faithfully in the corresponding book with all its pages signed and stamped.
  • Certify the agreements and acts of the General Assembly, of the Board of Directors and Executive Board and issue as many certifications that proceed.
  • Elaborate and propose the annual Work Plan of the institutions of the Chamber under the guidance of the President and coordinate their activities.
  • Prepare the Agenda of the General Assembly, of the Board of Directors and Executive Board and issue the summons for the sessions.
  • The remaining actions of the post.

 

CHAPTER XI

 

Organization of the Chamber

 

ARTICLE 28. The Chamber of Commerce of the Republic of Cuba will be organized by the following Departments and Sections:

  • Department of International Relations
  • Legal Technical Department  
  • Department of Fairs and Expositions
  • Department of Information and Publicity
  • Section of General Services

 
The Executive Board will create the rest of the Sections and Units necessary for a better performance of the Institution.

 

CHAPTER XII

 

Department of International Relations  

ARTICLE 29. The Department of International Relations will have the following functions:

 

  • Stablish and maintain relations with foreign chambers of commerce, organizations and institutions of international trade, economic institutions, companies and firms of foreign trade and stock exchanges as well as business and industrial executives.
  • Participate in congresses and conferences of chambers of commerce or similar organizations as well as andorganizing and promotingthese activitiesin
  • Attend trade, economic and technical delegations from other countries who visit Cuba during their stay in the Republic.
  • Gather and analyze economic figures regarding foreign trade.
  • Request of national and foreign organizations the necessary statistics for economic studies that should be made.
  • The rest of the functions assigned by the President.

 

CHAPTER XIII

 

Legal Technical Department

 
ARTICLE 30. The Legal Technical Department will attend the following functions: 

  • Study the laws and custom´s and consulates regulations of other countries, informing and advising on this matter to national economic institutions.
  • Issue certificates of origin of merchandize, regarding the legal regimes of the companies, and others that require necessities of foreign trade as well as issue the necessary documents to officials of the companies who travel abroad.
  • Issue reports and clarify consultations related to the activities of the Chamber that are made by the Executive Board, the Board of Directors and active members.  
  • Attend abroad matters related to industrial property of the companies, trade, industrial, agricultural, technical, and scientific and renovation of labels and patents.
  • Request inscription and renovation of national labels and patents abroad and cooperate with the inscription and renovation of foreign ones in the national registry.
  • The rest that may be assigned by the President.

 

CHAPTER XIV

 

Department of Fairs and Expositions  

ARTICLE 31. The Department of Fairs and Expositions has the following functions:

 

  • Organize and direct assistance of Cuba to international fairs and expositions related to foreign trade.
  • Organize in Cuba international fairs and expositions.
  • Cooperate in the preparation of fairs and expositions that other countries present in Cuba.
  • The rest of the activities assigned by the President.

 

CHAPTER XV

 

Department of information and Publicity

 

ARTICLE 32. The Department of Information and Publicity will have the following functions:

 

  • Divulge laws, organization and technology of Cuban foreign trade abroad.
  • Divulge through bulletins, pamphlets, yearbooks and other means of publicity the economic development of Cuba, its exportable products of industry, mining and agriculture according to the regulations issued by the Ministry of Foreign Trade.
  • Keep informed the members of the Chamber through the Official Bulletin and other publications it issues. 
  • Maintain exchange of all kinds of publications related to foreign trade, industry and agriculture.
  • All other activities assigned by the President.

 

CHAPTER XVI

 

Section of General Services

 
ARTICLE 33. The Section of General Services will have the following functions: 
 

  • Select the staff of the Institution, in coordination with the Heads of Department and according to labor legislation in force, passing it to the President of the Chamber for approval.
  • Process the designation of posts, promotions, transfers, licenses, vacations, resignations and reposition of staff according to labor legislation in force.
  • Comply with the system of accounting of the Chamber and maintain proper internal verification.
  • Elevate to the Executive Board the draft budget of the Chamber; checking its execution once approved and making its settlement at the end of each economic exercise.
  • Make payments that are required by the institution with joint signatures of the President or official authorized for this purpose.
  • Acquire necessary materials and equipment for the function of the institution and contract services required.
  • Check the conservation and care of the building and good functioning of machinery and equipment.
  • Project, with the necessary technical assistance, the execution of works, adaptations and reforms that the buildings of the Chamber require, checking its progress.
  • Attend the staff training.
  • Other activities assigned by the President, Executive Board, and General Assembly or Internal Regulation.

 

CHAPTER XVII

 

Other Institutions of the Chamber

 
ARTICLE 34. As bodies attached to the Chamber will act have the action of the Court of Arbitrations of Foreign Trade and the Court of Arbitration of Maritime Transportation, which integration, functions and attributions are ruled by the corresponding laws.

 

CHAPTER XVIII

 

Funds and Incomes  
 

ARTICLE 35. The Chamber of Commerce will have the following incomes:  

 

  • Membership fees.
  • The right over the certificates issued.  
  • Others obtained through the performance of its activities.  

ARTICLE 36. Members of the Executive Board will earn salaries assigned in the budget.

 

Members of the Board of Directors will not receive as such any salaries for the performance of their functions.

 

SPECIAL DISPOSITIONS

 
FIRST: The Executive Board is in charge of issuing the Internal Regulation of the Chamber as well as those related to delegations created.


SECOND: The Minister of Foreign Trade is authorized to decree the necessary resolutions for a better application of the Regulation.


TRANSITORY DISPOSITIONS

 
FIRST: The Managing Commission designated according to the second Transitory Disposition of Law number 1091 of February 1st. 1963, will be in charge of the government and administration of the Chamber until the members of the Board of Directors and Executive Board are elected.

 

SECOND: Within a time period no longer than sixty days from the promulgation of this Regulation, the Managing Commission will call an Extraordinary General Assembly to constitute the Chamber.

 

FINAL DISPOSITION


All regulatory dispositions that oppose the fulfillment of what is included in the current Decree that will begin to be in force as soon as it is published in the Official Gazette of the Republic.

 

ISSUED in the Presidential Palace, Havana, November 26, 1963.