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Chapter I: Establishing Federations
| Article (1): |
An Arab Authority is established within the
framework of The Council of Arab Economic Unity and called the "Arab Federation
of Chamber of Shipping ". It shall be governed by the provisions of such statute
and what's agreed upon with the headquarters state provided that this doesn't
contradict with the public law thereof. |
| Article (2): |
The headquarters of the Federation shall be in the
city of Alexandria in the country of Arab Republic of Egypt The Federation may,
by a decision of the Board of Directors, open offices or branches in other Arab
countries, whereas the competence and jurisdiction thereof shall be stipulated
in the decision. The country, due to have the headquarters of the Federation,
pledges to take all the legal procedures necessary, according to the internal
laws thereof, for the establishment and declaration of the Federation. |
| Article (3): |
The Federation enjoys legal personality and shall
be fully competent to carry out its activities and realize its objective. It
shall, also, be administratively and financially independent. The Federation's
headquarters, branches and offices shall enjoy all the privileges and immunities
stipulated in the Agreement on the CAEU's Privileges and Immunities and in
accordance with what to be agreed upon with the country concerned. |
Chapter II: The Federation's Objectives
and Terms of Reference
| Article (4): |
The Federation aims at coordinating and benefiting
among members in the fields of maritime transport & its services thereof,
strengthening ties among them, and contributing to economic integration among
Arab countries via accomplishing the Federation's mission and benefiting from
the experiences thereof. |
| Article (5): |
Practicing commercial activities is not among the
Federation's purposes. |
| Article (6): |
Towards the realization of the general goals
stipulated in Article (4) of this Statute, the Federation shall: Provide
support and assistance to the members thereof in the following fields:
1. Unifing the understanding , Setting and developing work mechanisms to
achieve the best results relating to the field of maritime services and
exchanging experiences among members for this purpose.
a. Acquiring advanced modern technology and synergizing the members'
efforts to provide the best conditions, and working on developing such
technology in a way appropriate in the field of maritime transport of the
members' activities and the systems thereof.
b. Conducting researches related to the Federation's activities and
economic feasibility studies for the projects due to be established, together
with making recommendations as regards contacting specialized Arab and foreign
houses of expertise.
c. Implementing new projects or expanding the already existing ones in a
way that could help answer the needs of the Arab world.
d. Solving technical, commercial and other problems arising before the
members in the course of technical information in the field of maritime
services.
e. Conducting studies to unify & coordinating of navigational regulations
in the Arab countries in the field of maritime services.
2. Urge and support members to act as one economical group in international
activities especially in case of major troubles .
3. Helping members to solve marine's problems upon request.
4. Encourage members to activate the maritime trade by establishing joint
Arab companies and submit the projects in maritime field .
5. Create synergized relations with other Arab federations and authorities
towards realizing the objectives aspired by the Federation, and establish
cooperation with foreign authorities related to the Federation's fields and
activities.
6. Set training and qualifying programs to improve the staff's efficiency in
the field of the Federation's activities together with providing assistance and
support in the course of implementing such programs.
7. Helping members to fulfil there needs in technical & administrative
workers.
8. Issue publications, journals and periodicals, and organize symposiums to
achieve the Federation's objectives and purposes.
9. Participate in Arab and international symposiums and conferences if the
themes thereof are related to the activities of the Federation or the members
thereof.
10. Gain the international experience in the maritime field and its services
throughout subscriptions as a member in the international maritime organizations
. |
| Article (7): |
The Federation gives priority to providing the less
developed Arab members or the institutions existing therein together with the
assistance and support stipulated in the above-mentioned Article. |
Chapter III: Membership
| Article (8): |
The Federation's membership shall include:
- Operating Members
- Affiliated Members
- Supervising Members
1. Operating members shall be accepted in the federation, are chambers of
shipping or their counterparts, in addition to maritime companies working in the
field of maritime transportation services in the Arab countries.
The member's representative in the federation shall bear the Arab nationality.
2. Each of the following shall be deemed an Affiliated Member:
- Bodies, institutions and offices specialized in establishing in the Arab
countries and implementing activities directly related to the Federation's
activity.
- Consultative offices in the Arab countries working in the field stipulated
in Article (1) of the Statute.
- Specialized typical federations working in the same field, and the
chambers of commerce and industry in Arab countries.
3. Each of the following shall be deemed a Supervising Member:
- Council of Arab Economic Unity (CAEU).
- Arab organizations and specialized Arab organizations - each in the field
of the specialization thereof.
- International organizations and Arab typical federations, related to the
Federation's activities, may act as a supervising member by virtue of a
decision of the Board of Directors.
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| Article (9): |
1. Except for supervising members, the parties
willing to join the Federation's membership shall submit an application, in
writing, to the Board of Directors whereby they pledge themselves to be obliged,
under the Federation's Statute, to pay due fees and membership subscriptions,
provided that the instruments indicating meeting the membership requirements is
attached to the application and registered in a special record. The membership
application shall be submitted to the Board of Directors to decide upon it in
its first meeting following the date of the submission thereof and within a
period of a year at maximum. If the said period elapsed without making a
decision on this application, it shall be deemed approved. 2. In case of
rejecting the membership application, the party concerned may appeal to the
Board of Directors, and if the Board of Directors insists on the rejection
thereof, the party may refer the appeal to the general assembly, provided that
the general assembly reviews the appeal in the meeting following the date of the
submission thereof to decide upon it. The decision of the general assembly shall
be deemed final.
3. The party whose appeal has been rejected may not reapply for the
membership of the Federation before at least a year as of the rejection date. If
the Board of Directors insists on rejection, the application shall be referred
to the general assembly to reach a final decision thereupon.
4. Members shall pay membership fees within six months as of the date of the
notification thereof that its membership has been approved. Members shall also
pay annual subscriptions in due times. |
| Article (10): |
1. membership terminated or suspend of the
Federation by a decision of the general assembly in case of
Not paying fees for two successive years
Losing membership requirements .
Crucially breaching the Federation's Statute.
2. Members may appeal against general assembly decision to terminate him from
the federation by submitting a request to the next general assembly meeting
which its decision shall be deemed final .
3. Parties, no more members of the Federation may request to retain their
membership , to the general assembly , provided that they meet all membership
requirements and paid the fees before membership s' termination .
4. The member shall, no longer, be entitled to obtain all the fees paid to
the Federation as a result of terminating the membership thereof. |
Chapter IV: The Federation's Bodies
| Article (11): |
The Federation's bodies include:
General Assembly
Board of Directors
General Secretariat First: General Assembly:
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| Article (12): |
The General Assembly is the supreme authority and shall be formed of all the
operating members in the Federation. Affiliated and supervising members have the
right to attend the meetings of the general assembly and participate in the
discussions thereof without having a right to vote. |
| Article (13): |
Each operating member shall have one vote. The
absent member may, in writing, authorize another member to vote on its behalf.
The authorized member may not have more than one authorization. |
| Article (14): |
The general assembly is entrusted with the
following:
- Electing members of the Board of Directors.
- Reviewing and approving the Federation's plan.
- Reviewing and approving annual budgets, final accounts and auditor's
reports.
- Reviewing the annual report made by the Board of Directors regarding the
Federation's activities.
- Assigning an auditor for the following financial year and determining the
rate thereof.
- Considering any other issues related to the Federation's activities.
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| Article (15): |
The Chairman of the Board of Directors shall head
the general assembly, or one of his deputies in case of absence whereas the
Federation's Secretary shall head the secretariat thereof. Notice of the
regular meeting and the agenda thereof shall be sent by the Chairman of the
Board of Directors to members at least 45 days before the meeting.
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| Article (16): |
1. The general assembly shall convene an annual
regular meeting. In order to be allowed to attend the meeting, members shall pay
all due subscriptions up to the end of the previous financial year. The general
assembly may, in case of making a reasonable excuse, allow members, who do not
meet such condition, to attend the meeting. 2. The validity of the regular
general assembly's meeting is subject to the attendance of the majority of
operating members, provided that the members present constitute at least half
the number of the countries of the operating members.
3. In the absence of a quorum, the meeting shall be adjourned for 24 hours,
and shall be deemed valid then with the attendance of at least quarter of the
operating members, provided that they represent third of the countries of the
Federation's member countries on the condition that the number is, in all cases,
no less than three members and from two Arab countries.
4. The decisions of the general assembly shall be taken by a majority vote of
the members present. In case of even votes, the Chairman's vote shall be deemed
valid. |
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Article (17): |
The general assembly shall call for an extraordinary meeting upon the request of
third of the operating members and represent two Arabic countries at least or
upon the request of the Board of Directors to consider the following:
- Changing the Federation's headquarters.
- Dissolving the Federation.
- Amending the Federation's Statute
- Suspend or terminate membership of one party due to board of directors
recommendation .
- Any important or urgent reasons.
- In case of verifying any extreme financial or administrative breaches, the
auditor shall ask the Board of Directors to call the general assembly for an
extraordinary meeting within 30 days. The auditor shall call for the said
meeting if the Board of Directors did not during the specified period.
- Notice of the extraordinary meeting and the purpose thereof shall be
delivered to members at least 30 days before the meeting.
- The general assembly shall, during the extraordinary meeting, take
decisions on the referred-to issues by a majority of two thirds of the
members, provided that such decisions are approved by the CAEU.
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Second: Board of Directors |
| Article (18) |
he Board of Directors shall be formed of members,
the number thereof is one time and half that of the countries of the operating
members. Members of each country shall elect a member to represent them in the
Federation's Board of Directors, whereas the general assembly shall elect
complementary members according to the votes each of them get. But no more than
two members for each country in the board of director An alternate member, for
each of the Board of Directors' members, may be elected in the same way. |
| Article (19): |
The membership term in the Board of Directors shall
be four years. |
| Article (20): |
In its first meeting, the Board of Directors shall
elect – from among the members – a Chairman and Deputies' Chairman. In the event
of the absence of the Chairman and the deputies thereof in any session, the
Board of Directors elects a Chairman of such session. |
| Article (21): |
1. Membership of the Board of Directors shall be
terminated in the following cases:
The body, being represented by the member, fails to meet one of the full
membership requirements.
The body, being represented by the member, discharges him.
Resignation in case of being accepted.
Being absent for two successive meetings without reasonable excuse.
Death or disability.
2. Job vacancies shall be occupied in accordance with the provisions of
Article (18) of this Statute. |
| Article (22): |
Meetings of the Board of Directors shall be valid with two thirds of the members
present. In an absence of a quorum, meetings shall be deemed valid if the
regular majority is present following 24 hours of the time due for the meeting. |
|
Article (23): |
Each member of the Board of Directors shall have
one vote. Decisions of the Board of Directors shall be taken by the regular
majority vote of the members present. In the event of even votes, the Chairman's
decision shall be deemed valid. The absent member may, in writing, authorize
another member of the Board of Directors. However, members may not make
authorizations for more than two successive meetings unless there is a
reasonable excuse, and the authorized member may not have more than one
authorization. |
| Article (24): |
The board of Directors convenes once every six
months, and determines the place and date of the next meeting. The Board of
Directors may, upon a request by the Federation's Secretary General and the
approval of the Chairman or upon a request by half the members thereof, convene
if deemed necessary. |
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Article (25): The Board of Directors shall be
entrusted with:
- Adopting the Federation's action plan and submitting it to the general
assembly for approval.
- Forming and authorizing permanent and temporary committees necessary for
realizing the purposes thereof which raising its reports to the secretary
general of the federation to submitting it to the board of directors .
- Approving the Federation's financial and administrative regulations.
- Determining membership fees and annual subscriptions
- Approving the Federation's organizational structure.
- Assigning the Federation's Secretary General.
- Assigning the federations ' legal affair advisor .
- Assigning and discharging the General Secretariat's main staff.
- Determining the means of cooperation with the authorities and bodies
concerned with the affairs related to the Federation's activities.
- Making annual reports on the Federation's activities, budget, balance
sheet, final accounts and submitting them to the general assembly for
approval.
- Deciding upon the applications of adhering to or withdrawing from the
Federation's membership.
- Discharging members and submitting them to the general assembly .
- Settling disputes arising between any two members of the Federation upon
request.
- Determining whether the members' positions are vacant or occupied.
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| Article (26) |
The board of director may authorize the chairman
with some of federation's mission illustration the previous article . |
| Article (27) |
The board of directors may invite any of
federation's member to attend board of director's meeting and discussions for
benefiting from his experience . |
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Third: General Secretariat |
| Article (28): |
The General Secretariat of the Federation consists
of a Secretary General assisted by a staff in accordance with the Federation’s
organizational structure. |
| Article (29): |
1. The Secretary General is appointed for four years, renewable for a single
additional term. The Board of Directors has the right to terminate his service
before the end of the term if proved untrustworthy. 2. The Secretary General
should be a full-time official of the Federation to perform his duties. |
|
Article (30) |
The General Secretariat’s main staff members are appointed by virtue of a Board
of Directors’ decision, on the proposal of the Secretary General. The
appointment and termination of the services of other staff members are
determined according to the Federation’s statute and upon the Secretary
General’s decision. The General Secretariat’s staff should be highly cultured
and professional. |
| Article (31): |
The General Secretariat is entrusted with the following:
- Developing and implementing annual plans after the adoption thereof.
- Preparing the Board of Directors and general assembly's draft agenda.
- Notifying the Federation’s members with the Board of Directors’ decisions
and recommendations, and observing the implementation thereof.
- Setting draft financial and administrative regulations as well as those of
the organizational structure.
- Setting draft balance sheet as well as annual reports on federation's
activities .
- Managing the Federation’s regular and daily affairs.
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| Article (32): |
The Secretary General carries out all jobs and executive procedures in
accordance with this statute. He is, also, held responsible before the Board of
Directors for all his doings and actions. |
| Article (33): |
The Secretary General is the legal representative within the scope of his
objectives stipulated in the statute. He enjoys the authorities adequate to
carry out his responsibilities. |
| Article (34): |
Neither the Secretary General nor the staff shall be entitled to demand or
accept instructions from any body or authority except the Federation. It is not
also permissible to hold the jobs of the Federation’s General Secretariat and
the Board of Directors’ membership |
Chapter V: Financial Resources and Budget
| Article (35): |
The Federation’s financial resources include:
- The admission fees paid by the Federation’s members.
- Members’ annual subscriptions in accordance with the systems adopted by
the general assembly.
- Aid, grants, donations and recommendations that the Board of Directors
decides to receive from Arab sources, and international authorities and
organizations, otherwise the source must be approved by the board of directors
.
- Revenues from the services provided by the Federation as well as resources
approved by the Board of Directors to meet its needs.
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| Article (36): |
The Federation has its own budget and its financial year starts on the January
1, and ends on December 31 of each year. |
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Article (37): |
The Federation’s coffers are put in one or more Arab banks chosen by the Board
of Directors. Expenditures shall be in accordance with the financial regulation
approved by the Board of Directors. The secretary general coordinating with
auditor prepare the annual balance sheet and submitting it to the board of
directors for approval .
The auditor coordinating with secretary general prepare a report on final
account and budget of the federation and submitting it to the board of directors
which submitting the report to the general assembly for approval . |
Chapter VI: The Auditor
| Article (38): |
1. The general assembly shall choose an auditor each year upon the nomination of
the Board of Directors and he shall start performing his duties once he takes
office. 2. The auditor examines and audits the Federation’s financial and
calculation affairs. He has the right to examine the account books, records and
documents of the union. Also, he could demand whatever data and information
necessary for carrying out his job and check the resources and obligations of
the union. The auditor is also responsible for making an inventory of the
coffers and preparing a report on the final account and the budget. The auditor
is first appointed by the Board of Directors via an authorization of empowered
by the constituent general assembly.
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Article (39): |
The Board of Directors may choose another auditor if the appointed auditor's
position becomes vacant during his assignment period for whatever reason and
until the general assembly’s next meeting. |
| Article (40): |
The auditor shall be provided with all the documents sent to the members to
attend the meetings of the general assembly. |
| Article (41): |
The auditor shall voice his opinion regarding the Federation’s final accounts
and how far they match its approved budget and outline the financial
infringements that affect the Federation’s financial status if there are any. |
Chapter VII: Federation's Operation Period, Establishment Date,
and End of Operation
| Article (42): |
The Federation shall operate for an unlimited period. |
| Article (43): |
Te Federation shall be established once the statute thereof is signed by five
companies and institutions or public/private establishments belonging to at
least 3 Arab countries that meet membership conditions. |
| Article (44): |
The Federation is dissolved by a general assembly’s decision adopted by a
two-third majority of the working members in an extraordinary meeting pursuant
to the provisions of article (17) of this statute. The numbers of those
requesting to convene such an extraordinary meeting must constitute at least
half of the countries of the Federation’s members. However, the dissolution
decision comes into effect only after being presented along with justifications
thereof to the Council of Arab Economic Unity (CAEU). In case the dissolution
decision is ratified, the general assembly appoints a liquidator and all of the
Federation’s coffers go to the body determined by the general assembly. |
Chapter VIII: General Rules
| Article (45): |
The Federation’s Chairman of the Board of Directors, Secretary General, and
staff members enjoy the privileges and immunities stipulated in the Agreement on
the CAEU's Privileges and Immunities, in accordance with the rules and
conditions determined in this regard and according to what has been agreed upon
with the country concerned. |
| Article (46): |
The minutes of the meetings, decisions and recommendations of both of the Board
of Directors and the general assembly are registered in special records and
signed by the Federation’s President and Secretary General. All records, files
and documents of the Federation are kept in headquarters thereof. |
| Article (47): |
The Secretary General or his deputy shall represent the Federation as an
observer in the meetings that the Federation is invited to attend either by the
CAEU or any other Arab organizations whose activities are related to those of
the Federation. |
| Article (48): |
The Board of Directors has the right to mandate the Secretary General to invite
the Arab and international organizations and bodies to attend the Board of
Directors’ meetings as well as other meetings that tackle technical subjects
related to the jurisdiction of these bodies as observers. |
| Article (49): |
The League of Arab States' General Secretariat and the CAEU's General
Secretariat shall, in cooperation with specialized Arab organizations related to
the Federation’s activities, call for holding an annual meeting to be attended
by the Chairmen of the Board of Directors and Secretary Generals of the
specialized typical Arab federations with a view to examining plans and
exchanging viewpoints in a way that ensures promoting the joint Arab action. |
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