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Series of steps:
We do not know why the Tartus Chamber of Commerce and Industry considers itself above the law … and above other chambers that comply with the nomination deadline and do not see the need to commit any illegal acts …
The Tartus Chamber of Commerce and Industry has chosen to break the law and openly put itself above the law… This has left the Tartus governorate’s business community confused and shocked by the Chamber’s illegal behavior in failing to comply with the law. The norms of compliance with Law No. 8 of the Syrian Chamber of Commerce and Industry include all governorates except Tartus, as the law provides for elections to be held within three months before the end of the term of the Board of Directors, which ends on October 24, 2024. Therefore, in accordance with the law, nominations for the Chamber’s Board of Directors will begin on July 24, 2024.
It is noteworthy that the Tartus Chamber of Commerce and Industry has persisted in its violations… and has been trying to mislead the relevant authorities… What is needed is to bring it back to reason… that is, to return it to Article 8 of the law, which it has openly and shamelessly violated.
An industrialist explained the irregularities in detail
Industrialist Sami Al-Khatib, along with many industrialists and businessmen, rejected the actions of the Chamber and committed to correcting the problems according to the law and not in any other way. He confirmed that on June 23, 2024, he submitted an official letter to the Minister of Internal Trade and Consumer Protection, which was registered at the office of the Ministry under the number 17584, explaining the violations committed by the Tartus Chamber of Commerce and Industry. Article 12 of Law //8//, which regulates the procedures of the Chamber of Commerce and provides for the election process for the last three months of the current Board of Directors, we pointed out in detail to His Excellency the violations committed:
Article 15, paragraph 2, provides that the period for applying to join the board of directors is thirty days, calculated from the date of first publication in the newspaper.
Article 15, paragraph 4, also provides that the election committee shall study the candidate’s application and publish a list of candidates who meet the nomination requirements for director candidates within three days from the date of the candidate’s nomination. The deadline for submitting nomination applications is closed.
Paragraph 6 of the same article also stipulates that the election date is thirty days after the publication of the list of candidates who meet the nomination requirements.
Article /7/ provides that the First Civil Court of Appeal, located in the Provincial Centre of the Chamber of Commerce, shall decide on each appeal filed within three days from the date of filing of the appeal.
Article 16 states that the invitation to vote shall be issued by the Chairman no less than thirty days from the date of the election and published twice in newspapers on two consecutive days. Therefore, the Chamber of Commerce management has no right to open nominations before July 24, 2024.
Mr. Khatib confirmed that the Ministry of Internal Trade has forwarded the letter of instruction regarding the violation of the election law by the Tartus Chamber of Commerce and Industry to the State Council for comments, despite the fact that there is an administrative instruction interpreting the law, dated April 15, 2024, the first article of which stipulates that elections shall be held within the last three months of the term of the Council.
In his speech, Khatib stated that he sent a letter to the management of the Tartus Chamber of Commerce on July 17, 2024, pointing out the existing violations and errors, and sent a letter to the Governor of Tartus. The contents are the same, and these violations legally render the measures taken by the above-mentioned chamber invalid.
On July 18, 2024, the Minister sent a letter to the Federation of Chambers of Commerce, requesting the postponement of the election process until a response is received from the State Council or the nomination door opens on July 24/2024. The letter was distributed to all chambers of commerce except the Tartus governorate.
The Chamber resorted to misinformation
Mr. Khatib confirmed that the Chairman of the Tartus Chamber of Commerce sent a letter explaining that the complaints submitted by both parties have been processed, ignoring their violations, and that the elections will be held at the designated time in accordance with the law. The nomination process will begin on July 24, 2024, he said
He sent a letter to the Chamber on July 21, 2024, reminding it of the irregularities and to reconsider Law No. 8 and implement its requirements. In our letter, we stated that the law is very clear and sets a deadline for its implementation. The entire electoral process and all its procedures are the last three months and if we want our complaints to be resolved, we will correct the actions taken and reopen nominations on July 24, 2024.
We also wrote to the Federation of Chambers of Commerce in which we stated that, as the president of the Chamber of Commerce said, the complaints were not addressed and that this irregularity would render the measures taken ineffective.
Decisions not voted on by the board of directors
Khatib confirmed that the disorder and wrongdoing were instigated by the President of the Chamber of Commerce, so he wrote to the Minister on behalf of the Union of Chambers of Commerce, and based on this violation, the Union of Chambers of Commerce issued a statement. According to Article 76, paragraph 2.-3-4- of the above-mentioned law, it is required that no administrative order concerning the Union shall be issued without the signature of the President, and it is prohibited to implement any decision unless it is made at a meeting of the Board of Directors of the Federation at the formal invitation of the President of the Federation, and any decision shall be voted during the formal and legal meeting of the Board of Directors.
Warning by notary public
Mr. Khatib confirmed that the management of the Tartus Chamber of Commerce and Industry ignored the law and insisted on violating the law, and he was forced to issue a warning through a notary on July 23, 2024. Ignoring the Chamber of Commerce Law promulgated in 2020 to regulate the work of trade unions and chambers of commerce, I also stated that the Chamber of Commerce ignored all these violations.
To the court…
Mr. Al-Khatib confirmed that the Tartus Chamber of Commerce and Industry sent a letter to the Minister on July 24, 2024, stating that as long as I submitted my nomination application, I had no right to object and it was considered accepted. Regarding the part about the existing violations, I forgot who pointed out to him that there is a procedure/reservation in the law to ensure that the deadline does not expire/despite their disapproval, we carried out many procedures so that we can be the most important: why did you not exercise your rights within the period prescribed by the law? The fact is that despite my opposition to these violations and pointing them out, I submitted my request.
I must urgently file a complaint against him with the Tartus Court on 7/25/2024 No. 6 Commercial 1
Possibility of violating the law
Khatib confirmed that he and many industrialists in Tartus were surprised by a letter from the ministry dated July 25, 2024.
On April 15, 2024, a representative of the Ministry of Supply was nominated to study the names of candidates, despite the clear violation of the legal provisions.
The question is why the Tartus Chamber of Commerce and Industry insists on continuing to violate laws and customs, unlike all other chambers of commerce that abide by the law and do not find themselves forced to violate it? The law is clear, but its words and instructions are so attacked and circumvented?
Election date: August 27, 2024
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