حلمى للمحاماة

Decree

By The Minister of Foreign Trade & Industry no.770 /2005 Issuing The

Executive Regulation To Implement Import and Export Law

no.118/1975 as well as Inspection and Control Procedures of

Imported And Exported Goods1

The Minister of Foreign Trade & Industry;

Upon review of Law no.323/1956 on the organization of and participation in international

exhibitions and fairs,

And Law no. 66/1963 issuing the Customs Law and its amendments,

And Law no. 137/1974 on some regulations relating to import, export and currency.

And Law no. 118/1975 on import and export,

And Law no.121/1982 on the registration of importers,

And Law no 8/1997 on investment guarantees and incentives.

And Law no. 82/2002 on the protection of intellectual property rights,

And Law no. 155/2002 on export promotion.

And the Presidential Decree no.1770/1971 establishing the General Organization for

Exports and Imports Control (GOEIC) and specifying its competence,

And the Presidential Decree no. 72/1995 approving Egypt’s accession to the World Trade

Organization (WTO) and the agreements included in the final document articulating the

results of the Uruguay Round of Multilateral Trade Negotiations as well as the Annex

attached to the Agreement on Trade- Related Aspects of Intellectual Property Rights

(TRIPS) which includes in its Third Part requirements of border measures,

And Presidential Decree no. 106/2000 on facilitating inspection and control procedures of

exported and imported goods,

And Presidential Decree no. 226/2004 on the organization of the Ministry of Foreign

Trade and Industry,

And Prime Ministerial Decree no.1186/2003 on inspection and control measures of

exports and imports,

And Prime Ministerial Decree no. 1366/2003 on the Executive Regulation of the first,

second and fourth books of Law no. 82/2002 on the protection of intellectual property

rights.

And Ministerial Decree no. 343/1982 on the Executive Regulation of the

aforementioned Law no. 121/1982,

1 Unofficial translation and the regulations are only authentic in Arabic. Translation prepared for the

Ministry of Foreign Trade and Industry by the USAID-funded Assistance for Trade Reform project, ATR.

2

And Ministerial Decree no.275/1991 issuing the Implementing Regulations of the Import

and Export Law and its amendments,

And Ministerial Decree no. 515/2003 on inspection and control measures of imported and

exported goods,

Decreed

Article 1: The aforementioned and attached Executive Regulations of Law no. 118/ 1975

on imports and exports shall become effective without prejudice to the provisions

regulating the import and export of certain goods, in pursuance to laws and international

treaties and agreements to which the Arab Republic of Egypt is a party.

Article 2: The attached procedures shall apply to inspection and control of all imported

and exported goods pursuant to the aforementioned provisions of Law no.155/2002.

Article 3: Those enrolled in the exporters’ register at the time this decree became

effective shall be abide by reconciling their status pursuant to provisions cited in

Chapter 3 of Part Two of the Executive Regulations of the above-mentioned Import

and Export Law within one year from the date this decree has taken effect.

Exporters whose exports average exceed the equivalent of $5 million annually, during

the three years prior to the issuance of this Decree, shall be exempted from the

stipulation requiring the submission of an export practice certificate.

Article 4: The above Ministerial Decree no.275/1991 and amending decrees as well as

the aforementioned Ministerial Decree no. 515/2003 and any and all stipulations in

contravention of the provisions of this Decree shall be rescinded.

Article 5: This decree shall be published in the official gazette, and shall become

Effective as of the next day following the date of its publication.

Issued in 13/10/2005

Minister of Foreign Trade and Industry

Rachid Mohamed Rachid

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Section I

The Implementing Regulations of

Import and Export Law

Part I

Import

Chapter 1

Definitions and General Provisions

Article 1: In applying the provisions of Law no.118/1975 and its implementing

regulations, terms and expressions below shall be interpreted as follows:

A) Import:

The act of bringing goods from abroad into the Arab Republic of Egypt, getting them

inside the Customs Zone and registering the Customs Declaration to release the goods

as final imports.

Also importing shall be from free zones, free-duty shops inside the country, international

exhibitions and fairs and other exhibitions licensed according to the general rules of

import from abroad.

B) Importer:

The natural or judicial person in whose name the Customs Declaration is registered

for the goods requested to be released as final imports, and who is responsible for

meeting all import regulations.

C) Import for Retail:

Goods imported for the purpose of retail by natural or judicial persons enrolled in

the importers’ register in accordance with provisions of Law no. 121/1982 on the

importers’ register, to be sold in the same condition in which they have been imported or

after being packed or packaged, without undergoing any process of transformation.

D) Import For The Production Of Goods And Services:

Items imported by production companies to be sold after transformation as well as

imports by service-rendering companies to ensure delivery of their services or related

Trade Agreements Sector to be performed. This shall involve inputs for operation or

service provision, including raw materials, intermediate goods and other components of

the final product.

E) Import for Private Use:

Imports, for purposes other than retail or production, of capital goods, spare

parts, advertisement material and others that benefit the importer’s activity rather

than his personal use as well as imports for financial leasing shall be regarded as

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private use with the exception of passenger cars.

F) Import For Personal Use:

Import, by natural persons to achieve personal or family benefits, of goods whose

quality and quantity are deemed appropriate for personal and family use within the

period consistent with the nature of given goods and in a manner that shall not place

goods in circulation.

G) Import by Government:

These are imports by ministries, agencies, authorities, local administration units

and public judicial persons to fulfill their purposes.

Article 2: The country’s needs of imported goods shall be in accordance with the

provisions of the law and this regulation and in a manner that does not violate public

order and morality.

Article 3: The Minister of Foreign Trade or whomever he delegates may ban dealings

with any foreign supplier who is believed to deliberately undermine national economic

interests.

Article 4: The person in whose name the Customs Declaration is registered shall be

responsible for completing import procedures. Imported goods, for which the customs

declaration has been registered, may be assigned to natural persons or legal

entities before release. The assignee shall, in this case, be responsible for completing

the import procedures. The release type may be amended at any stage before clearance

except for consignments inspected by competent authorities and rejected for their nonconformity

with technical standards1.

Article 5: The provisions of this regulation shall not apply to the following:

1-Unless otherwise provided, goods imported by the Petroleum Sector necessary

to serve its purposes in accordance with standards set by the Minister of

Petroleum, with the exception of passenger cars.

2-Postal parcels whose owners refuse to receive them, and so are returned to the

Sender.

3-Foreign banknotes and securities traded between the Arab Republic of Egypt

and foreign countries through agencies licensed to run this activity.

4- Previously released production accessories which were imported under

the temporary admission system for production projects, without exceeding 5% of

the quantities used in products which have been exported and their accounts

settled.

5-Egyptian goods imported from abroad or from free zones to exporters who have

previously exported them in compliance with customs procedures pursuant to the

following conditions:

1 This has been added by the Ministerial Decree No.32/2006.on amending some provisions of the executive

regulation implementing import and export law as well as inspection and control procedures for exported and

imported goods.

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(a) Customs shall verify the conformity of documents and the sample of

previously exported goods.

(b) Agricultural goods and foodstuff will be inspected by GOEIC.

6 - Consignments of fish caught from the Sudanese Nubia Lake and by fleets

carrying the Egyptian flag and operating in high seas.

7- Human organs, blood and its derivatives for hospitals and eye banks.

8-Inheritance legitimately transmitted to Egyptians by bequeathers

abroad, whether Egyptian or non-Egyptian, including vehicles, provided an

official document certified by the department concerned at the Foreign

Ministry is submitted indicating the bequeather’s subject property. If heirs are

multiple, the incoming inheritance shall be released only to the heirs or the

representative authorized by a power of attorney.

Article 6: The import of goods listed in annex no. (1) enclosed with this regulation, shall

be suspended, whether the import is intended for the purpose of trade or production or

personal use, except for imports approved by the Minister of Agriculture as

agricultural pesticides or fungus disinfectants.

The Minister of Foreign Trade, after consulting whom it may concern, may approve the

import of production accessories concerning goods for production companies and needs

of research centers, institutes and universities, within the limits of actual requirements.

Article 7: The following conditions shall be observed in the process of releasing

imported goods:

1- The imported goods shall be new, however, used goods may be imported in

cases articulated in Annex (2) or as otherwise provided in this regulation, and

also cases that were approved by the Minister competent for foreign trade.

2-The goods shall be internationally bar coded in accordance with

regulations decreed by the Minister of Foreign Trade.

3-The goods listed in annex (3) shall fulfill the conditions quoted next to each.

Article 8: It is stipulated for the release of imported goods, that they be accompanied by

an invoice with the name of the producer, the trademark if applicable, address, telephone

number, fax, and email address.

Article 9: The importer shall be obligated to pay the cost of imports exceeding $ 5000

according to any of the systems of payment applicable by banks, operating in Egypt, and

Form (4) attached to this regulation shall be completed.

The importer may clear the value of imports against the value of exports or services.

Cases, regarding which special provisions have been cited in this regulation, shall

be exempted from the provisions of this Article.

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Article 10: Banks operating in the Arab Republic of Egypt shall collect administrative

charges determined by the Minister of Foreign Trade on the total value of goods included

in Form no.(4) and shall credit them, immediately upon collection, to the account of the

Ministry of Foreign Trade at the Central Bank of Egypt.

In cases where clearance is accorded directly by the customs, these charges shall

be collected by Customs authorities on behalf of the Ministry of Foreign Trade and

Industry. In all cases, the receipt indicating payment of these charges shall be regarded

as among clearance-related documents.

Article 11: The Customs Authority may not dispose of goods in violation of import

regulations, except after the issuance of a decree by the Minister competent for foreign

trade or a person he delegates, in accordance with the provisions of Article 15 of the

aforementioned Law no.118 /1975.

If circumstances necessitated the sale of these goods, sale revenues shall be kept

aside, until the violation is finally settled without prejudice to customs regulations.

Chapter 2

Import for Retail

Article 12: Without prejudice to the provisions set forth in the First Chapter of the First

Part of this regulation, goods imported for the purpose of trade shall be released upon the

submission of a copy of the importer’s entry card in the importers’ register. The given

product shall also be tabled in the list of commodity groups entered in the card.

The provision of this article shall apply to goods imported according to the consignment

system.

Article 13: The provision in this chapter shall not apply to the following goods which

shall be directly released from the customs after payment of administrative charges:

(1)Books, newspapers, and periodicals whether printed or on CDs or discs.

(2)Waste of material used by foreign ships within the range of LE.2,000 daily for

every trader with the exception of consumer durable goods

(3)Waste of Egyptian ships

(4)Waste from scrapping ships and airplanes in the Customs area

(5)Express mail parcels, provided that the value of every parcel, with

transportation costs excluded, does not exceed $2,000.

(6) Mail parcels containing intermediary goods or spare parts of

machines, equipment or utility models provided that the value of every

parcel, with transportation costs excluded, does not exceed $2,000.

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(7) Waste material belonging to companies and authorities operating in Egyptian

harbors and airports upon the approval of port authorities.

(8) Public auction sales of ships which run adrift and their salvaged waste.

Article 14: Imported goods shall be released only if attached with a certificate of origin

authenticated by appropriate authorities except for:

a. goods listed in annex (2).

b. goods approved by departments concerned at the Ministries of Health

and Agriculture: (drugs-pharmaceutical raw materials and diagnostic

substances, products for therapeutic purposes, medical equipment and

accessories, veterinary vaccines and insecticides, fungicides and pesticides

used to control harmful weeds and rodents, germination inhibitors and plant

growth regulators

– one day old chicks and ducklings- oil cake and animal feed components –

seeds).

c. Goods with invoices including the country of origin whenever issued by the

producing company.

d. Cases approved by the competent minister for foreign trade.

A certificate without authentication shall be accepted with regard to goods originating

in member countries of the EU, the Common Market for Eastern and Southern

Africa

(COMESA) and the Trade Facilitation Agreement Among Arab Countries as well as in

countries to which the principle of equal treatment is applicable concerning exemption

from authentication in accordance with governing regulations in this connection.

Consignments with no certificates of origin shall be released provided that the person

concerned shall submit an unconditional letter of guarantee indicating the value

of released goods consistently with Customs valuation. The letter of guarantee shall only

be returned if the certificate of origin is provided no later than six months,

otherwise, payment of compensation shall be discounted from the value of the letter of

guarantee in accordance with the provisions of Article 15 of the aforementioned Law

no.118/1975.

The importer shall be held responsible for the data recorded in the certificate of

origin. If the Customs concerned was found to have adequate evidence to suspect the

conformity of the certificate of origin or its contents, it shall adopt measures deemed

necessary for verification in accordance with regulations decreed by the Minister of

Foreign Trade upon consultation with the Minister of Finance.

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Chapter 3

Import for Production of Commodities and Services

Article 15: In regard to the provisions laid out in the First Chapter of Part one of this

Regulation, production and service companies may be permitted to import production

inputs required for production, operation or service provision without mandating entry in

the importers’ register.

These companies shall be obligated to submit to the competent Customs the document

ascertaining their activity as well as a declaration detailing the imported production

inputs on the Form included in Annex no (5).

These companies may apply to GOEIC for a requirements card based on supportive

documents certifying related activities. The said companies shall be required to submit a

copy of this card while filing the application to release their production inputs.

Article 16: Final release shall be allowed for goods previously released under the

temporary admission system, provided that import procedures are completed in the runup

to final release.

Chapter 4

Import for Private Use

Article 17: Without prejudice to the provisions cited in Chapter 1 of Part 1 of this

regulation, and with the exception of Article 9, Customs shall directly release goods

imported for private use of natural or judicial persons in the light of the requirements of

their licensed activities. The Declaration Form included in annex (6) shall meanwhile be

fulfilled .

Article 18: Goods which have previously been temporarily released shall be accorded

final release provided that subject goods fulfill import conditions at the time of

temporary and final release.

Article 19: Customs shall promptly release samples, models, as well as promotion and

advertisement material imported by natural and judicial persons under the following

conditions:

-Verification of the nature of the subject sample or model.

-Approval of medicine samples by the competent department at the Ministry of

Health.

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-Advertisement material shall bear in print the name of the entity concerned or the

commercialized event.

-Approval by the Literary Works Authority of advertisement material in relation

to foreign movies.

Article 20: Customs shall promptly release media material and stationary imported by

embassies and scientific agencies on the occasion of holding scientific conferences or

national celebrations of foreign countries. The release shall be in the name of the

beneficiary.

Article 21: Customs shall promptly release stationary, advertisement material and staff

uniforms imported from the head offices of foreign airlines to Egypt-based branches

provided that the approval of the Ministry of Aviations is maintained .

Chapter 5

Import for Personal Use

Article 22: As exemption from the provisions of Chapter 1 of Part 1 of this regulation,

Customs shall release promptly goods and luggage which are intended for personal use

whether in the company of a passenger or sent by freight or mail parcel or purchased

from the free shop. The subject goods and luggage, even if used, shall be allowed in

except for two-stroke motorcycles unless sent for patients and handicapped.

Every investor shall be allowed to import his private car without being bound by the

model of the year and the approval of the Head of the General Investment Authority and

Free Zones or the person he delegates.

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Chapter 6

Importing by

Government

Article 23: Without prejudice to provisions stipulated for in Chapter 1 of Part 1 of this

regulation, import of goods necessary for the activity practiced by ministries, government

agencies, public authorities, local government units and public legal entities shall be

carried out in accordance with laws and regulations governing their purchase from abroad

and without mandating entry in the importers’ register.

Article 24: Customs shall directly release to the bodies cited in the previous article their

imported goods to help serve their purposes.

Chapter 7

Imported Goods for Display

Article 25: Board Chairman of the General Organization for Exhibitions and

International Fairs (GOEIF) may allow exhibitors at international exhibitions and fairs as

well as exhibitions licensed to be held in Egypt, to directly sell goods imported for

display and re-exportation at exhibition sites identified by the Fairs Administration and

within the limits of the local budget allocated for exhibition pavilions. The sale shall be

supervised by GOEIF and the Custom, provided that import procedures, except for the

certificate of origin and the bill of lading from the country of origin, are completed. This

shall apply to the purchase for trade or production or for private or personal use.

Chapter 8

No Value Imports

Article 26: As an exception from the provisions of Chapter 1 of Part 1 of this regulation,

the Customs shall promptly release imported goods which are donated or offered as aid or

assigned, with no payment made, to the following bodies:

1-Ministries, government agencies, public authorities, local government units,

public legal entities, trade unions and syndicates, sports clubs, the Olympic

Committee, research centers and universities, conditionally upon the approval

of the entity overseeing the given activity.

2-Non-governmental organizations, mosques, and churches provided that

the competent administrative body gives its approval.

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Chapter 9

Border Measures for the Protection against the Importation

of IPR Infringing Goods

Article 27: The owner of intellectual property rights or his legal representative shall have

the right to file a complaint with the competent Customs to suspend the release of

imported goods or products or packages into free circulation allegedly involving

infringement on intellectual property rights (rights of the copyright holder and related

rights, trademarks, geographic indications, industrial designs, patents, integrated circuit

lay-out designs), provided that the goods are entering Egyptian ports or yet to be released

from Customs. The applicant and the competent customs shall provide Trade Agreements

Sector at the Ministry of Foreign Trade And Industry with a copy of the complaint.

Article 28: The complaint shall provide adequate evidence establishing a prima facie

case of infringement and include the following data and documents:

1- The applicant name and job, and the name of his representative.

2- A detailed description of suspected consignment/consignments subject of

complaint regarding the exporting country, bill of lading number and date, port of

destination, name of importer, and description of goods.

3- Adequate evidence and documents that there is a prima facie infringement of

intellectual property rights.

4- A certified deed to assert IPR ownership subject of complaint along with an

affidavit indicating the property has not been assigned or subject to a usufructuary

right.

5- An affidavit by the IPR holder verifying that he has not filed a request for a

decision on the merits by the competent chief justice to the effect of taking one or

more provisional measures or that no decision rejecting the provisional measure

regarding the brief has been issued.

Article 29: On serving notice to Customs with regard to the given complaint, the

applicant shall abide by depositing a security or a letter of guarantee issued by an

Egyptian bank accredited by the Central Bank of Egypt that shall be unconditional and

extendable for further periods as deemed appropriate by competent Customs, with no

regard to the applicant’s appeal.

The security or letter of guarantee shall be equivalent to quarter the value of suspected

goods subject of complaint according to Customs valuation.

The bank shall abide by disbursing to the administrative entity concerned an amount

equivalent to the security in place. It shall also abide by making full payment of the given

amount upon its first request or its renewal as valid by the above mentioned entity with

no regard to the complainant’s appeal.

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Article 30: The competent customs shall have to accept the complaint upon verifying its

compliance with the provisions set forth in Articles (27,28,29), and procedures to

suspend the final release of the subject consignments shall be completed, provided that

this does not stop the completion of procedures preceding final release.

Article 31: All authorities having adequate evidence that there is a prima facie case of

IPR infringement regarding consignments not yet finally released, shall have to serve

notice to Customs, which on verifying the conformity of reported data, shall apply

procedures to promptly suspend release of infringing goods.

Article 32: Customs shall be obligated to notify both the complainant and the defendant

legally by registered letter of receipt notice of the proceedings related to the suspension

of release. Trade Agreements Sector at the Ministry of Foreign Trade and Industry shall

also be notified of the action. It shall be served notice by registered letter of receipt

notification or any other means of relevance. The duration of suspension of final release

shall be 10 working days, and may be extended by another 10 days upon the approval of

the Minister competent for foreign trade in response to a request by Trade Agreements

Sector .

Article 33: IPR holders or their representatives who complain about cases of

infringement on these rights shall have to file their complaint with Trade Agreements

Sector at the Ministry of Foreign Trade and Industry, provided that this complaint is

supported with adequate information.

The Trade Agreements Sector shall undertake to muster evidence concerning the

soundness of the given complaint. If a prima facie case of infringement has been

established, the competent Customs shall be approached for the application of border

measures to suspected consignments.

Article 34: The importer shall have the right to file an appeal with Trade Agreements

Sector contesting the suspension no later than 3 working days from the date of receipt of

notice by him or his legal representative, or else the decision shall be considered final, if

supportive documents and data are attached.

Article 35: Trade Agreements Sector at the Ministry of Foreign Trade And Industry shall

examine the appeal in light of the previously filed complaint, and take the final decision

no later than 3 working days from the date of filing the appeal.

As long as no juridical decision on the merits ordering any of the relevant provisional

measures has been taken, the Trade Agreements Sector shall be required to notify the

competent Customs to release the suspended consignments once the appeal has been

accepted.

If the appeal has been rejected by the Trade Agreements Sector, the competent Customs

shall be served notice of the continued suspension of infringing goods subject of appeal

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and any security or equivalent guarantees posted by the complainant released, as long as

a juridical order has not been issued in this connection.

Article 36: The complainant shall be obligated during the period of suspension specified

in Article 32 of this Regulation to request the issuance of a court order in a brief by the

competent chief justice to the effect of taking one or more appropriate provisional

measures.

If the complainant has not served notice to the Customs and the Trade Agreements

Sector at the Ministry of Foreign Trade and Industry on the legal action during the period

of suspension or on the issuance of an order on the brief within 30 days from the date of

its submission, the Customs concerned shall continue procedures of final release of

suspended goods after the completion of importation procedures after discounting costs

borne by these goods as a result of suspended release which shall be deducted by

Customs from the security or cash guarantee posted by the complainant.

Article 37: Without prejudice to the protection of confidential information, the

competent Customs shall have to offer the complainant and the defendant the chance to

inspect the goods subject of suspension with a view to establishing evidence

there is prima facie infringement. The defendant shall also be accorded a fairly equal

chance concerning any of the infringing goods subject of complaint.

Article 38: The Customs shall have to release the security or guarantee posted by the

complainant if the defendant has not filed an appeal in three days from his receipt of

notice of the suspension of final release or if a juridical order on the suspension of

consignments has been issued.

Part II

Export

Chapter 1

General Provisions

Article 39: Export of locally produced goods or goods previously imported for trade

purposes may not be allowed except by a person whose name is entered in the

exporters’ register. The following cases shall not be regarded as practice of export:

1- Exports by public judicial persons.

2- Samples and advertisement material.

3-Goods exported for display overseas

4- Parcels containing documents, or tapes, or computer disks with stored data and

information.

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5-Goods for which a customs declaration for final release has been drafted and

which shall be re-exported

6- Goods that have been released as final imports and exported for purposes of

Exchange or return

7- Goods that are temporarily exported for processing, use, operation, or

undergoing supplementary processing or repair or functional transactions

overseas, or the like, and which are re-entered into the country.

8-Personal belongings or gifts carried by passengers or by freight.

9-Purchases by departing foreigners and Egyptians, and tourists’ purchases left

behind at antique shops and tourist companies.

10 Donations and in-kind aid

11-Goods exported by government agencies to embassies and consulates of the

Arab Republic of Egypt as well as commercial and technical offices affiliated to

these missions

12-Scientific books and periodicals exported by government entities, research

institutes and specialized scientific centers for exchange of knowledge and for

dedication purposes.

13-Books exported by a publisher or author in two copies of each book for every

client.

14- Needs of projects established in free zones to be supplied from the local

market.

Article 40: 1 - Egyptian made products shall be exported directly through the

Customs without export approval.

2-Manufactured goods shall not be exported unless produced in companies licensed to

be established and to operate except for handicrafts and tourist bazaars products2.

3- Products of the Egyptian production enterprises or their packages with relevant names

or brands posted thereon shall only be exported through such enterprises or their

representatives or upon their approval or certified licensing.

Article 41: The export of petroleum products; butane, petrol, naphtha, jet fuel,

lubricating oils, kerosene, solar, diesel, tar and asphalt, shall be with the approval of the

Egyptian General Authority for Petroleum

Article 42: Goods that have been previously released as final imports shall be

directly exported by the Customs.

2 This has been added by the Ministerial Decree No.32/2006.on amending some provisions of the executive

regulation implementing import and export law as well as inspection and control procedures for exported and

imported goods.

15

Article 43: As decreed by the Minister competent for Foreign Trade, export

committees and councils shall be formed to monitor export of certain goods. The

decree, upon the proposal of the Foreign Trade Sector, shall define their functions, rules

and system of work for these committees and councils. The Head of the Foreign Trade

Sector shall issue the necessary decrees on the formation of the technical secretariats

of these committees or councils and the identification of their functions.

Article 44: The export of the goods that are subject to the above mentioned export

committees or councils as per the previous article shall be in accordance with the policy

and regulations proposed by the Foreign Trade Sector and endorsed by the Minister

competent for Foreign Trade. This Sector shall notify the entities concerned of the

approved regulations in conjunction with provisions of the above paragraph, which

will be binding to exporters.

Article 45: The exporter or his representative shall be obligated to complete in full

statistical Form no (7) attached to this Regulation for each consignment, and deliver it to

the GOEIC field office concerned before shipping. Data recorded in the aforementioned

form should be in conformity with the shipment data as well as with the Custom

Declaration. The exporter shall notify the competent GOEIC field office of any

amendments introduced to the said data.

The Customs concerned shall not allow shipping to be carried out unless the statistical

form has been submitted to GOEIC field office.

The GOEIC department dealing with certificates of origin shall, before issuing the

certificate, be ascertained of the submission to the field office concerned of the statistical

Form and the inclusion of any related amendments.

The above form shall be replaced by the Unified Statistical Form agreed by the Ministries

of Finance and Foreign Trade and Industry.

Article 46: On exporting to countries party to preferential agreements with the Arab

Republic of Egypt, and under which, Egyptian goods enjoyed a duty free treatment,

the exporter who requests enjoying this exemption, shall be obligated to attach to

the exported consignment a certificate of origin in accordance with the terms of

reference of the agreement in question.

The exporter shall be responsible for proving that exports meet the standards of origin

and verifying conformity of data in the certificate of origin.

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Chapter 2

Issuance of Certificates of Origin for Exports of the Arab Republic of Egypt

Article 47: The General Organization for Export and Import Control (GOEIC) shall

exclusively be responsible for issuing the certificates of origin or transit for exports of

goods originating in Egypt or exports acquiring Egyptian origin to countries party to

bilateral or regional or multilateral trade agreements with the Arab Republic of Egypt,

under which the Arab Republic of Egypt enjoys preferential treatment, unless otherwise

provided for in any of the said agreements.

Under a preferential agreement, certificates of origin shall be issued only to countries

party to it.

Article 48: An application for the certificate of origin shall be filed in accordance with

the aforementioned Article on a GOEIC-prepared form. The application shall be valid for

one or more consignments of the same kind or of different varieties directed to a single

import destination, using a single means of freight transport.

The following documents shall be enclosed with the application:

-A copy of the sale invoice signed by the exporter.

-A declaration by the party concerned verifying the conformity of data submitted

and the observance of rules of origin regarding the subject consignment in

accordance with the agreement concluded with the country of destination.

-Concerning products of the production enterprises in free zones, the board

chairman of the zone shall sign to notate that the subject products have been

manufactured inside the

zone.

GOEIC shall abide by issuing certificates of origin to applicants after payment of fees

within 24 hours from the submission of the application .The certificate of origin shall be

immediately issued for perishable and airborne goods.

Article 49: The Federation of Egyptian Industries shall submit to GOEIC an annual

statement of production enterprises, members in the various industrial chambers, detailing

products these enterprises are licensed to produce. On issuing the certificate of origin to

any of the given companies, GOEIC shall verify that the contents of the certificate are in

conformity with the statement data.

Article 50: The exporter shall be obligated to provide GOEIC with all the data and

information in connection with the GOEIC-issued certificate of origin in order to verify

the origin if so requested by the country of destination.

The aforementioned exporter shall have to keep records and documents certifying the

statement of origin for five years starting from the date of the issuance of the certificate of

origin.

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Article 51: The Chambers of Commerce shall, on geographic basis, issue the certificate

of origin for Egyptian exports to countries not mentioned in Article (47).

For exports of projects in the free zones, the following shall apply:

1- Concerning products of production enterprises in a free zone, the board

chairman of the zone shall sign to notate that the subject products have been

manufactured inside the

zone.

2- With regard to in-stock goods of free zones enterprises, the certificate of origin

shall be issued regarding goods exported into or out of the country with their

origin indicated by the free zone board chairman’s notation verifying data in the

said certificate of origin and in accordance with the recorded data in the light of

documents attached with the in-stock goods.

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Chapter 3

Exporters’ Register

General Provisions

Article 52: GOEIC shall keep the exporters’ register in accordance with Law no.118/

1975 as below stated:

1-Register (letter A) for production enterprises which export only their products

and in which industrial or agricultural production enterprises shall be entered.

2-Register (letter B) in which other entities not mentioned in clause (1) shall

be entered.

Conditions Necessary for the Exporter to Meet

Article 53: For the exporter to apply for entry in the exporters’ register, the following

conditions have to be met:

First –Regarding individuals

(a) Enrolled in the Commercial Register

(b) The capital certified in the commercial register shall not be less than LE.10

thousand for production enterprises and LE.25 thousand for other enterprises.

(c) The exporter shall not have been convicted on a felony charge or inflicted a

freedom-restricting penalty for crimes involving dishonor or dishonesty or

sentenced in connection with any of the crimes set forth in import and export

laws or money law issued by the Central Bank of Egypt or regulations related

to customs, taxes or supply or trade unless he has been rehabilitated.

(d) He shall not have been legally declared a bankrupt unless he has been

rehabilitated.

(e) He shall not be a civil servant or a public sector employee.

(f) The entry applicant or the person responsible for exportation shall duly obtain

an export practice certificate either from the Foreign Trade Training Center at

the Ministry of Foreign Trade and Industry or from accredited centers or he

shall be holder of a qualifying university degree in accordance with

regulations decreed by the Minister of Foreign Trade.

(g) Entries in the exporters’ register of applicants or those responsible for export

shall not have previously been subject to cancellation or strike-off, except

after the lapse of three years from the cancellation or the strike off.

19

Second: Regarding Companies

(a) Partners in joint liability companies and limited partnerships as well as

officials charged to manage in other corporations shall have to meet

conditions cited in clauses (c, d, e, g) of the (first) paragraph of this Article.

(b) The company shall be entered in the commercial register.

(c) The company shall have exportation as one of its activity purposes.

(d) The company’s capital certified in the commercial register shall not be less

than LE.20 thousand for production enterprises and LE.50 thousand for other

activities.

(e) Those responsible for exportation shall fulfill the terms quoted in clauses (f, g)

of the first paragraph of this Article.

Third: Regarding Foreign Companies’ Branch Offices:

(a) The company’s branch office shall be entered in the commercial register.

(b) The company shall have exportation as among its activity purposes.

(c) The branch office manager or those responsible for exportation shall have to

meet requirements cited in clauses (f, g) of the first paragraph of this Article.

Fourth: Regarding Public Legal Entities:

(a) Export shall be deemed as one of the entity’s activities.

(b) Those responsible for exportation shall meet requirements cited in clause (f)

of the First paragraph of this Article

Procedures of Entry and Entry Renewal in the Exporters’ Register

Article 54: An application requesting entry in the exporters’ register shall be signed and

submitted to GOEIC or to one of its field offices by the applicant or whomever he

delegates or the legal representative of the judicial person. The original and a copy of the

application shall be submitted with the following data attached:

(a) Name of applicant, trade name and type of activity, if any.

(b) Activity venue/location.

(c) Type of activity or trade.

(d) Varieties the applicant is willing to export.

(e) A trademark, if any.

The data above shall necessarily be in conformity with the data specified in the

commercial register.

Article 55: The following documents shall be attached with the application for entry in

the exporters’ register:

20

First: Regarding Individuals’ Entry:

(a) A copy of the ID

(b) A certified copy of the entry record in the commercial register in which the

type of activity and the amount of capital shall be indicated.

(c) A declaration by the entry applicant indicating that he has not been previously

convicted on a felony charge or inflicted a freedom-restricting penalty for

crimes involving dishonor or dishonesty or sentenced in connection with any

of the crimes set forth in import and export laws or money law issued by the

Central Bank of Egypt or regulations related to customs, taxes or supply or

trade or sentenced on charges of one of the crimes above and he has been

rehabilitated.

(d) An export practice certificate.

(e) A declaration by the entry applicant or those responsible for exportation

indicating that the application has not been subject to cancellation or strike off

for three years in the run up of submitting the application.

Second: Regarding Entry Records of Companies:

(a) A certified copy of the entry record in the commercial register indicating the

type of activity, the amount of capital and the person authorized to manage

and sign on behalf of the company.

(b) A statement naming the person responsible for exportation and who has the

authority of management and signature in the name of the legal entity.

(c) A copy of the ID of the official authorized to manage in the name of the given

company (acting partner- responsible manager – board chairman or the

delegated board member).

(d) An export practice certificate by those responsible for exportation

(e) A declaration by acting partners in joint liability companies and limited

partnerships and the person vested in the authority of management in other

activities to indicate that they have not been previously convicted on a felony

charge or inflicted a freedom-restricting penalty for crimes involving dishonor

or dishonesty or sentenced in connection with any of the crimes set forth in

import and export laws or money law issued by the Central Bank of Egypt or

in regulations related to customs, taxes, supply or trade. The declaration as

well shall indicate that partners have previously not been subject to entry

strike-offs or cancellations for three years prior to the submission of

application or sentenced on any of the above charges and have been

rehabilitated.

21

Third: Regarding Branch Offices of Foreign Companies:

(a) A copy of the entry record in the Commercial Register

(b) A declaration indicating that the entry record has not been subject to strikeoffs

or cancellations for three years running prior to the submission of

application.

(c) An export practice certificate by those responsible for exportation.

Fourth: Regarding Public Legal Entities:

(a) A document certifying that export is among the licensed activities of the legal

entity concerned.

(b) An export practice certificate for those responsible for exportation.

Article 56: GOEIC board chairman or whom he delegates shall take a decision regarding

the entry application in two days from the date of its submission with all conditions met

and documents completed.

Article 57: Exporters enrolled in the exporters’ register shall be obligated to notify

GOEIC or its field offices in which they are registered, as appropriate, of any changes or

amendments in the data entered in the exporters’ register within sixty days from the date

of the given change or amendment.

Article 58: The entry application shall be renewed every five years from the date of

registration or from the date of the last renewal, either by the applicant or his legal

representative, the application shall be accepted if submitted until the end of the year

after the expiry or renewal of the entry.

Attached to the entry renewal application shall be the following documents:

(a) A recent certif

قانون غسيل الاموال المصرى

 EGYPTIAN Law No. 80 for 2002
Promulgating Anti- Money Laundering Law*
In the Name of the People,
The President of the Republic,
The People’s Assembly approved the following Law, and we hereby enact it.
Article (I)
Provisions of the accompanying Anti- Money Laundering Law shall
come into force.
Article (II)
The Prime Minister shall issue the Executive Regulations of the
accompanying Law, within three months from the date of its publishing.
Article (III)
This Law shall be published in the Official Journal and shall come
into force on the day following its publishing.
This Law shall be stamped by the State’s Seal and shall be enforced
as one of its laws.
Promulgated at the Presidency of the Republic on 10 Rabea’ Awal,
1423 H., corresponding to 22 May 2002 AD.
Hosni Mubarak
* unofficial translation
2
Anti-Money Laundering Law
Article (1)
In applying the provisions of this Law, the following words and
phrases shall have the meanings ascribed to them unless otherwise stated:
(A) Funds:
The national currency, foreign currencies, securities and commercial
papers, any valuable things whether real estate or tangible or intangible
movable property, or any rights related thereto, and deeds and documents
evidencing any of the said rights.
(B) Money Laundering:
Any conduct involving the acquisition, holding, disposing of,
managing, keeping, exchanging, depositing, guaranteeing, investing,
transferring or converting Funds, or tampering with their value, if such
Funds are the proceeds of any of the crimes stipulated in Article (2) of this
Law, with the knowledge of that, provided that such conduct purports to
conceal, disguise or alter the nature, source, location, ownership, or any
interest therein, or change the true nature, or to prevent the discovery
thereof or impede the identification of the perpetrator of the crime the
proceeds of which are these Funds.
(C) Financial Institutions:
1. Banks operating in Egypt, their foreign branches, and branches of
foreign banks operating in Egypt.
2. Exchange Bureaux companies, and other entities licensed to deal in
foreign currencies.
3. Entities engaged in money transmission activities.
4. Entities operating in securities.
5. Entities engaged in receiving money.
6. The Postal Saving Fund.
7. Entities conducting mortgage activities and entities dealing in
mortgage-related securitization.
8. Entities undertaking financial leasing activities .
9. Entities engaged in factoring activities.
10. Entities undertaking any type of insurance activities, private
insurance funds, and insurance brokerage.
3
(D) Proceeds:
Funds directly or indirectly resulted or yielded from committing any
of the crimes stipulated in Article (2) of this Law.
(E) The Unit:
The Money Laundering Combating Unit.
(F) The Competent Minister:
The Prime Minister or any minister authorized thereby.
Article (2)
The Law prohibits laundering of Funds that are the proceeds of the
crimes of planting, manufacturing, smuggling narcotics or psychotropic
substances or trafficking therein; and the crimes of hijacking means of
transport and detaining of individuals; and the crimes in which terrorism
as defined under Article (86) of the Penal Code, or the financing thereof
falls among its purposes or means of perpetration; the crimes of unlicensed
importation, trading and manufacturing of weaponry, ammunition and
explosives; and the crimes stipulated in Chapters (1), (2), (3), (4), (15) and
(16) of Book II of the Penal Code; the crimes of money theft and
usurpation, and debauchery and prostitution; any crimes against
antiquities and the environment crimes related to dangerous wastes and
materials; and organized crimes under international treaties to which
Egypt is a party, whether such crimes or the money laundering crime took
place within the Egyptian territories or abroad, provided that such crimes
are penalized by both Egyptian and foreign laws.
Article (3)
An independent Unit with a special nature shall be established at the
Central Bank of Egypt to combat money laundering, wherein the concerned
entities shall be represented. The Unit shall assume the responsibilities
prescribed under this Law.
An adequate number of experts and specialists in the fields related to
the application of this Law shall join the Unit; and it shall be equipped with
qualified and trained employees.
4
Formation of this Unit, its management, work and personnel systems
shall be issued by a Presidential Decree, without being restricted by any
rules or by-laws applicable to the government, public sector, and the public
business sector.
Article (4)
The Unit shall be in charge of receiving reports by Financial
Institutions concerning transactions suspected of involving money
laundering.
The Unit shall establish a database for all available information, and
shall establish the means ensuring that it is accessible to the judicial
authorities and other entities responsible for the enforcement of this Law,
and to exchange such information and coordinate with national control
entities and with foreign competent authorities and international
organizations in accordance with international treaties to which Egypt is a
party, or in compliance with the reciprocity principle.
Article (5)
The Unit shall undertake all investigations and examination with
regard to any reports and information it receives concerning transactions
suspected of involving money laundering, and shall inform the public
prosecution of the indications turned up by investigations as to the crimes
referred to in this Law.
The Unit shall have the right to request the public prosecution to take
provisional measures in accordance with Articles 208-a (bis), 208-b (bis),
and 208-c (bis) of the Code of Criminal Procedures.
Provisions of the last paragraph of Article (3) of the Bank Accounts
Secrecy Law No. 205 of the 1990 added by Law No. 97 of l992 shall apply to
money laundering crime.
Article (6)
Personnel of the Unit designated by a Minister of Justice decree upon
the request of the Governor of the Central Bank of Egypt shall have the
capacity of law enforcement officers with respect to the crimes stipulated in
this Law and related to their duties.
5
Article (7)
The entities assigned by laws and regulations to supervise Financial
Institutions shall be obliged to establish and provide adequate means for
verifying that the said Institutions comply with the systems and rules legally
established for combating money laundering, including reporting of
transactions suspected of involving money laundering.
Article (8)
Financial Institutions are obliged to report to the Unit any suspicious
financial transactions that may involve money laundering referred to in
Article (4) of this Law, and to establish systems that ensure the obtaining of
information on the identification and legal status of their customers and the
beneficial owners, whether natural or legal persons, through official or
acceptable customary verification means, and to register the information
concerning such identification .
Financial Institutions are prohibited from opening accounts or
accepting deposits, funds or trusts of anonymous origin, or under false or
fictitious names.
The Executive Regulations shall determine the rules to be followed i

المزيد

قانون مجلس الشورى المصرى

Official Journal- Issue No. 27- Dated 3rd of July 1980
EGYPTION Law No. 120 of the year 1980
Concerning the Formation of the Shurah Council
As Amended By Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 And 167/2000
In the Name of the People,
The President of the Republic,
The People’s Assembly passed the following law, and it is hereby promulgated by us:
Part – 1
Formation Of The Shurah Council
Article – 1
The Shurah Council shall be formed of two hundred and sixty four members.1
Two thirds of the Council members shall be elected through general, secret and
direct ballot, provided that at least half of them shall be workers or farmers. The
President of the Republic shall appoint the remaining third of the Council’s members.
Article – 2
The Arab Republic of Egypt shall be divided into eighty-eight constituencies. The
boundaries of each constituency and its components shall be determined according to the
table attached to the present law.2
Two members shall be elected for each constituency, at least one of them shall be
a workers or farmers.
Article – 3
The Shurah Council membership term shall be six calendar years from the date of
its first meeting.
The elections and choice of half of the elected and appointed members shall be
renewed every three years. The council member whose term of membership has
terminated may be re-elected or re-appointed.
1 Amended as per Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 then 167/2000.
2 Amended as per Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 then 167/2000.
Unofficial Translation
Those whose term of membership terminates at the end of the first three years
shall be determined through the ballot which the council shall carry out according to the
rules to be set by its statute.
The election shall take place during the sixty days period preceding the end of the
term of membership. The appointment of the members shall take place during the thirty
days period preceding the end of the term of membership.
Article – 4
Should the seat of the elected member become vacant before the end of his term, a
supplementary election shall be conducted electing his replacement. Every eligible
candidate meeting candidature requirements shall be entitled to run for this election.
If the member whose seat becomes vacant is an appointed member, another
member shall be appointed to replace him.
In both cases, the membership term of the new member shall continue until
completing the membership term of his predecessor.
Article – 5
If it is impossible to carry out the election on the scheduled date for a compelling
necessity, elected and appointed members whose terms are due to end shall be extended
in office upon the proposal of the President of the Republic, pending election of the new
members.
The president of the Republic shall declare the end of the state of necessity upon
termination of its causes. The decree issued in this regard shall include and invitation to
the electorate to carry out new elections within a date not exceeding sixty days from the
date of that declaration.
Part – 2
Nomination and Appointment for
Shurah Council Membership
Article – 63
Subject to the provisions prescribed in law No. 73 of the year 1956 regulating the
exercise of political rights, whoever is nominated or appointed as a member of the Shurah
Council shall fulfill the following requirements:
1. He shall be of Egyptian nationality, born of Egyptian father.
3 Amended as per Law No. 10/1989
Unofficial Translation
2. His name shall be listed in one of the voter lists in the Arab Republic of Egypt, and
no cause shall have taken place necessitating the deletion of his entry in the said list
according to the relevant law.
3. He shall be at least thirty five years of age on the day of election or appointment.
4. He shall be a holder of at least a basic education completion certificate or equivalent.
For births before January 1, 1970, literacy will suffice. 4
5. He shall have fulfilled the obligatory military service, or been exempted from it
according to the law.
6. He shall not have been deprived of his membership by a decision of the Shurah
Council or the People’s Assembly due to loss of confidence or repute, or breach of his
membership duties according to the provisions of article 96 of the constitution.
However, he may be nominated or appointed in either of the two following cases:
A. Lapse of the renewal period of the membership term of half of the number of
members or lapse of the legislative term during which the decision depriving the
member from his membership was issued, according to each case.
B. Issue of a decision from the Shurah Council or the People’s Assembly canceling
the decision depriving the right to be nominated or appointed. The decision of the
Council or Assembly in this case shall be issued with the approval of the majority
of its members upon a proposition submitted by at least thirty members, after the
lapse of the session during which the membership deprivation decision was
issued.
Article - 75
No one shall nominate himself in more than one constituency. If he nominates
himself in more than one constituency he shall be considered a candidate in the
constituency in which his nomination was first recorded.
Article - 86
The nomination request for the Shurah Council membership shall be submitted in
writing to the Security Directorate in the governorate in which the candidate desires to
nominate himself for one of its constituencies, during the period to be determined by a
decree of the Minister of the Interior provided that this period shall not be less than five
days from the date of opening the nomination period.
4 Amended as per Law No. 176/2005
5 Amended as per law No. 10/1989
6 Amended as per Laws Nos. 10/1989, 13/2000 then 167/2000.
Unofficial Translation
The request for nomination shall be accompanied by a receipt of one thousand
pounds deposited in the treasury of the relevant governorate’s security directorate, and by
documents to be determined by a decree of the Minister of Interior which establish the
eligibility of the candidate according to the law. Candidates shall confirm their status as a
worker or farmer through a declaration submitted by the candidate, coupled with the
relevant supporting documents.
The papers and documents submitted by the candidate shall be considered official
papers in applying the provisions of the Penal Code.
Article - 97
The list of candidates shall be displayed in the constituency in a manner
determined by a decree of the Minister of Interior during for 5 days following the end of
the nomination period.
The names of the candidates and the status, as a worker or farmer, established for
each of them shall be displayed on that list, according to article (8).
A decree of the Minister of Interior shall be issued establishing one or more
committees in each governorate under the supervision of a counselor or an equivalent
ranked member of one of the judiciary bodies. The committee shall consist of q member
of the judiciary of at least the rank of a judge or an equivalent rank to be chosen by the
Minister of Justice and a representative of the Ministry of Interior to be selected by its
Minister.
Any candidate whose name is not mentioned in the list may request the said
committee to include his name throughout the period of displaying the list. He may also
object to including the name of any of the candidates or stating an incorrect status before
his name or the name of any other candidate, throughout the period of displaying the list.
The said committee shall decide on the objections within a period of at most ten
days from the date of closing the nomination period. The names of the candidates shall be
published in the constituency and in two daily newspapers.
Article - 108
If only two candidates are nominated in the constituency, of whom at least one is
a worker or farmer, their uncontested winning of the election shall be announced.
If only one candidate is nominated in the constituency, his uncontested winning of
the election shall be announced, and a complementary election shall be carried out for
7 Amended as per Laws Nos. 10/1989 then 167/2000.
8 Amended as per Law No. 10/1989.
Unofficial Translation
choosing the second member from among the workers and farmers, if the candidate
announced to be winning uncontested is a worker or farmer.
Article - 119
Any candidate may relinquish his nomination by serving a notice through a bailiff
to the security directorate in the governorate, at least ten days before the election day.
Relinquishing his nomination shall be recorded next to his name in the list of candidates
in the constituency if his name was inscribed in that list. The relinquishment shall be
announced on the day of the election on the door of the head office of the constituency
and the subsidiary committees. The Ministry of the Interior shall also announce this
relinquishment well before the date determined for elections, in two daily newspapers.
Article – 1210
The Shurah Council member shall be elected by the absolute majority of the valid
votes given in the election.
If the two candidates obtaining the absolute majority are from other than the
workers and farmers, the one acquiring the highest number of votes shall be announced
as winning the election, and

المزيد

القانون 73 لسنة 1956 بشأن مباشرة الحقوق السياسية

 EGYPTION Law 73 for 1956 on Exercising of Political Rights
July 2000
Law 73 of 1956 on the exercising of political rights*
___________
In the name of the Nation
The Ministerial Council
Having reviewed the constitutional declaration issued on the 10th of February 1953;
And seeing the decision issued on the 17th of November 1954 giving the Ministerial
Council the power of the President of the Republic;
And having reviewed decree no. 48 of 1935 on elections, and the laws amending it;
And based on what has been believed by the State Council;
And what has been presented by the Minister of the Interior;
Has issued the following law:
Chapter One
on Political Rights, and their exercise
__________
Article 1: Every Egyptian, male or female, aged 18 shall exercise in person the following
political rights:
I: give his/ her opinion in every referendum stipulated in the Constitution,
II: electing each of the following:
i- president of the Republic;
ii- members of the People’s Assembly;
iii- members of the Shura Council; and
iv- members of local popular councils.
The president of the Republic shall be elected in accordance with the Law Regulating
Presidential Elections, and the other rights shall be exercised in such manner and terms as
stipulated in this law.
Exempted from performing this duty are officers and personnel of the main, subsidiary
and additional armed forces as well as officers and personnel of the police force,
throughout their service in the armed forces or the police."
Article 2: The following subjects shall be prevented from exercising political rights:
(1) Those convicted in relation to a criminal act, unless they have been rehabilitated.
Unofficial Translation
(2) Persons adjudged by the Court of Ethics for confiscation of property, shall be
prohibited for five years from the date of issuing the confiscation sentence."
(3) (deleted)
(4) Those sentenced to imprisonment in relation to a theft, hiding stolen objects,
fraudulence, bad checks, breach of trust, betrayal, bribery, bankruptcy by fraud, forging
or using forged documents, making false testament, seducing witness, rape, corrupting
the youth, violating the public ethics, being a vagabond; or has been involved in a crime
committed to evade the military and national service; also those sentenced for attempting
one of the aforesaid crimes. This is unless the execution of the sentence has been stayed,
or the convict has been rehabilitated.
(5) Persons sentenced to a freedom-restrictive penalty in any of the crimes stipulated in
Articles 41 to 51 of this Law, unless the sentence is suspended, or the sentenced person
have been redressed.”
(6) Those who were dismissed from civil service for the state or the public sector for
disgraceful reasons, until the elapse of five years after the dismissal date. This is unless
the person has received a final ruling revoking the dismissal order or ordering
compensation.
(7) (deleted)
Article 3: Exercising political rights shall be suspended for the following persons:
(1) Those placed under interdiction, throughout the period they are so.
(2) Those who re being treated fro mental illnesses and for the period of their treatment.
(3) Those declared bankrupt, for five years as of the date they have been so declared,
unless they have been earlier rehabilitated.
Chapter One bis
Article Three bis
A Higher Elections Commission shall be set up under the chairmanship of the Minister of
Justice and the membership of:
- three serving members of the judiciary ranked deputy heads of the Court of Cassation or
equivalent, in addition to another three similarly ranked acting as reserve. All shall be
elected by the Supreme Judiciary Council;
- six public figures not affiliated with any political parties, the People’s Assembly shall
select four of them with at least two being former members of the judiciary. The Shura
Council shall select two of them, at least one of them shall also be a former member of
Unofficial Translation
the judiciary, all for a six-year term. Both chambers shall also select an equal member of
both categories as reserve members. Should a hindering circumstances arise to any of the
Commission members, he shall be replaced by a reserve member, in the same order of
their respective selection- representative of the Ministry of Interior. The President of the
Republic shall issue a decree forming HEC.
Article 3 bis(A):
The Commission shall be a public juridical person, domiciled in the city of Cairo, and
shall independently exercise its competences. The Commission shall have a technical
secretariat, and its formation and terms of reference shall be defined by a decree by the
Commission chairman. It shall have an independent budget. The Commission shall issue
such regulations and decisions as may be necessary for regulating its works.
Article 3 bis(B):
The Commission shall meet upon convocation by its chairman, and its meetings shall be
deemed valid only with the attendance of the chairman and at least 7 of its members.
The Commission decisions shall be issued by a majority of 8 voters.
Article 3 bis(C):
The Commission shall undertake the following competences:
1- set out rules for compiling election rosters; their contents and method of their revision,
screening and updating;
2- suggest rules of determining electoral constituencies;
3- develop general rules for regulating election campaigns;
4- contribute to awareness and orientation efforts pertaining to elections and draw up
guidelines for the electoral process;
5- monitor compliance with codes of ethics related to elections;
6- declare the general result of elections and referendums;
7- give opinion on the draft laws related to elections.
Article 3 bis(D):
The State shall be under obligation to assist the Commission with carrying out its
competencies and implementing its decisions and to furnish it with data and information
related to these competences as it may request. The Commission may employ the services
of any agency in performing its missions.
Chapter Two
on Electoral Lists
Article 4: Anyone, male or female, who has the right to exercise political rights must be
registered in Electoral lists. Nevertheless, those who attained the Egyptian nationality by
naturalization shall not be registered before five years after their naturalization date.
Unofficial Translation
Article 5: Electoral lists shall be created to register those who meet the conditions set for
electors, where there is no reason that would prevent them from exercising their political
rights, from the 1st of November of each year to the 31st of January the following year.
Such lists shall be posted from the first day to the last day of February, in the manner and
places laid down in the executive regulations of this law.
Article 6: The regulation shall state the areas for which a special electoral list is
prepared. It shall also mention how electoral lists will be prepared, their content,
revision, amendment, posting, the areas where the lists will be kept, the formation of the
committees, which will be charged with registration, and other details mentioned in this
law.
Article 7: The Public Prosecution shall inform the Ministry of the Interior of the final
rulings against citizens, which would result in depriving or suspending their exercising of
political rights.
In case of the dismissal of workers in the state or the public sector for disgraceful
reasons, the institution for which they work shall inform the Ministry of the Interior.
In all cases, informing the Ministry must take place within fifteen days as of the date the
ruling or the decision becomes final.
Article 8: The registration committee has the right to request that the person who has
registered his/her name, or is willing to register his/her name, to prove his/her identity,
age, and nationality.
Article 9: Voters may not register in more than one electoral list.
Article 10: No amendment to shall be made to election rosters subsequent to calling
voters for election or referendum, provided that the dates stipulated in Article (5) and in
the next ones shall start anew, effective the following day following the the
announcement of the results of the election or referendum
Article 11: Voting domicile is usually the place of residence of the voter. However,
voters have the right to register at the domicile of their main work, or where they have
serious interest, or at the domicile of their family even if they do not live there.
The executive regulations shall explain how the selection of the voting domicile is made,
and its dates.
In case of changing voting domicile, voters shall announce this change in the manner
stated in the previous paragraph.
Article 12: Voting domicile for Egyptians living abroad who are registered in Egyptian
consulates shall be the last domicile they lived at in Egypt before their travel. Voting
Unofficial Translation
domicile of Egyptians who work on board of Egyptian ships shall be the harbor where the
ship they work on is registered.
Article 13: (deleted)
Article 14: Electoral lists must be posted.
The executive regulations shall explain how such electoral lists will be posted.
Article 15: Citizens who missed registering their names with no legal reason, or those
whose data bore a mistake on registration, those who become qualified voters, or those
who were prevented to vote and the reasons preventing them have become invalid, shall
request registering their names or correcting their data.
Every registered voter has the right to request registering a name or deleting a name
which was unlawfully overlooked or registered, and to request correcting registered data.
Such requests shall be made until the 15th of March of every year. Requests shall be
presented in writing to the Security Director of the Governorate. The request shall be
registered in accordance to the date on which they were received. Receipts will be given
to the applicants.
Article 16: A committee chaired by the head of the court of First Instance at the
Governorate, and made of Security Director of the Governorate, and a Chief Prosecutor
to be selected by the Public Prosecutor, shall decide on the requests mentioned in the
previous article, within one week of lodging the requests. The committee shall send its
decisions to those concerned within three days as of their issuance.
Article 17: Those whose requests have been rejected, or whose names have been crossed
out have the right to challenge, with no charges, the decision of the committee mentioned
in the previous article. The challenge will be made before the competent administrative
court. The administrative department of the court will register these challenges in a
special record according to the order of receiving them. It will inform the applicant, the
head of the Registration Committee, the chair of the committee mentioned in the previous
article, and those concerned, by registered mail, of the date of the session scheduled to
hear the appeal. This notification must be at least five days before the date of the session.
Article 18: Any registered voter has the right to become a party in front of a court in
relation to any dispute regarding the registration or omission of any name.
Article 19: The court may sentence a person whose appeal is rejected, to a fine of at least
LE 100 and at most LE 1000.
Article 20: The administrative department of the court shall inform the Security Director
of the Governorate, and the Registration Committees of the rulings issued changing the
lists. This notification must be made within five days as of issuing the rulings.
Unofficial Translation
Article 21: The head of the Registration Committee shall give a certificate to every one
registered in the lists about his/her registration. The form, content, and means of
delivering such certificates will be detailed in the executive regulations.
Chapter Three
on Organizing the Referendum and Election Processes
Article 22: The date of general elections shall be set by a presidential decree, whereas the
date of complementary elections shall be set by a decision of the Minister of the Interior.
The decree or decision shall be made at least thirty days before holding the elections.
In referendums, the decision must include the subject of the referendum, and the date set
for it, which shall observe the dates stipulated for referendums as stated in the
constitution.
Article 23: The decision inviting voters to elections or referendums shall be announced
in the official gazette.
Article 24: The Minister of the Interior shall decide the number and location of general
and sub-polling stations where elections and referendums will be held. Each station will
have a head and no less than two members. Each station will have a secretary.
Heads of general and sub-polling stations will be appointed from the members of the
judicial organizations. Polling stations’ secretaries will be selected from the workers at
the state, public works sector, or the public sector.
Every judicial body shall nominate the members it agrees on to be selected to supervise
the balloting process. A list of the nominees shall be sent to the Minister of Justice to
coordinate between them in the presidency of polling stations.
Other members shall be selected upon the consent of the organizations they report to.
Composition of general and sub-committee and their secretaries made by a decision by
the chairman of the HEC, in coordination with the Minister of Interior. In all cases, the
decision issued for the composition of such Commissions shall designate a replacement
for the Commission head in case of his absence or for any excuse hindering him from
work, provided that he shall be a member of the judiciary in such cases as may be
required by the law.
In case of elections for the People’s Assembly or the Shura Council, every candidate may
delegate a member from the voters within the scope of the general polling station, to be
his representative in the general polling station, as well as a member from those
registered in the sub station to be his representative in the sub station. The candidate
shall inform the head of the station in writing the day before the elections. If half an hour
Unofficial Translation
has passed after the time assigned for starting the elections and the number of
representatives has not reached two, the head of the station shall complete this number
from the attending literate voters registered in the scope of the station. In case the
number of representatives is more than six, and candidates could not reach an agreement,
the head of the station shall select from them by drawing lots.
In addition, every candidate shall have the right to assign one of the voters registered in
the same constituency as his deputy to represent him before all general or sub stations.
The deputy will have the right to enter polling stations during the voting process, and
request the head of the station to record whatever notes he might want to make in the
minute. The deputy is not permitted to enter the voting hall in any other case. The letter
of attorney shall be ratified by an administrative department. The ratification shall be for
free even if by the department authorized to ratify signatures. Mayors and sheikhs, even
if suspended, may not be selected as delegates or deputies.
Article 24 bis: (deleted)
Article 24 bis 6: In all cases, the election or referendum process shall start if one hour
elapses from the set time, without candidates’ representatives showing up, or if the head
of committee has failed to arrange for substitutes.
Article 25: If a member of the polling station or its secretary is temporary absent, the
head of the station shall select one of the literate attending voters to replace him.
Article 26: Discipline in the polling station shall be the responsibility of the head of the
station. For its maintenance, the head of the station has the right to call the police or
military forces when necessary. The police or the military forces may not enter the
station unless upon the request of its head.
The polling station consists of the building where voting hall exists, and the space around
it. The head of the polling station shall specify this space before the process starts.
Article 27: Only voters have the right to come to polling stations. They are prohibited to
come with arms. Candidates always have the right to enter the

المزيد

قانون ضمانات وحوافز الاستثمار

Region: Egypt
The  EGYPTIAN  Law No 8/1997 "on Investments’ Guarantees and Incentives". Book-1

Book-1

Article21: An amount equivalent to a percentage of the paid up capital, to be determined at the central bank of Egypt lending and discou

المزيد

قانون حماية البيئة المصرى*

LAW NUMBER 4 of 1994

PROMULGATING

THE ENVIRONMENT LAW

and its

EXECUTIVE REGULATION

EGYPT

* In case of difference of interpretation, the Arabic text will prevail

LAW NUMBER 4 of 1994

PROMULGATING

THE ENVIRONMENT LAW

PRESIDENTIAL DECREE

EGYPT

LAW NUMBER 4 OF 1994

PROMULGATING THE ENVIRONMENT LAW

In the name of the People

The President of the Republic

The People’s Assembly has ratified the following law which we have sanctioned and promulgated :

ARTICLE (1)

WITHOUT PREJUDICE TO THE RULES AND PROVISIONS SET FORTH IN SPECIAL LAWS, THE PROVISIONS OF THE ATTACHED LAW SHALL APPLY IN RESPECT OF THE ENVIRONMENT.

ESTABLISHMENTS EXISTING AT THE TIME OF THE ENACTMENT OF THIS LAW ARE HELD TO ADJUST THEIR STATUS IN LINE WITH ITS PROVISIONS WITHIN THREE YEARS FROM THE DATE OF PUBLICATION OF ITS EXECUTIVE REGULATIONS, WITHOUT PREJUDICE TO THE APPLICATION OF THE PROVISIONS OF LAW 48/1982 CONCERNING THE PROTECTION OF THE RIVER NILE AND WATERWAYS FROM POLLUTION.

THE CABINET MAY, ON THE BASIS OF A PROPOSAL BY THE MINISTER IN CHARGE OF ENVIRONMENTAL AFFAIRS, EXTEND THIS GRACE PERIOD FOR NO MORE THAN TWO YEARS, IF NECESSARY AND IF THE CABINET IS SATISFIED THAT SERIOUS PROCEDURES HAVE BEEN TAKEN TO PUT PROVISIONS OF THE ATTACHED LAW INTO FORCE .

ARTICLE (2)

THE PRIME MINISTER SHALL, ON THE BASIS OF A PROPOSAL BY THE MINISTER IN CHARGE OF ENVIRONMENTAL AFFAIRS AFTER CONSULTING THE BOARD OF DIRECTORS OF THE ENVIRONMENTAL AFFAIRS AGENCY(1),ISSUE THE EXECUTIVE REGULATIONS OF THE ATTACHED LAW WITHIN SIX MONTHS FROM THE DATE ON WHICH IT COMES INTO FORCE.

THE MINISTERS SHALL, EACH IN HIS RESPECTIVE AREA OF COMPETENCE, ISSUE THE RATES AND PERCENTAGES REQUIRED TO IMPLEMENT THE PROVISIONS OF PART II OF THE ATTACHED LAW, WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE (5), WITHIN THE PERIOD MENTIONED IN THE PREVIOUS PARAGRAPH.

(1) SHALL BE ABBREVIATED AS EEAA.

ARTICLE (3)

LAW 72 OF 1968 CONCERNING THE PREVENTION OF POLLUTION OF SEA WATER BY OIL IS HEREBY REPEALED, AS ARE ALL OTHER PROVISIONS RUNNING COUNTER TO THE PROVISIONS OF THE ATTACHED LAW.

ARTICLE (4)

THIS LAW SHALL BE PUBLISHED IN THE OFFICIAL GAZETTE AND SHALL COME INTO FORCE ON THE DAY FOLLOWING THE DATE OF ITS PUBLICATION.

• THIS LAW SHALL BE STAMPED WITH THE SEAL OF STATE AND ENFORCED AS A LAW OF THE STATE.

• ISSUED AT THE PRESIDENCY OF THE REPUBLIC ON 15 SHAABAN HEJIRA YEAR 1414 (CORRESPONDING TO 27 JANUARY, 1994).

Signed by

"HOSNY MOBARAK"

LAW NUMBER 4 of 1994

PROMULGATING

THE ENVIRONMENT LAW

EGYPT

Table of Contents

PRELIMINARY PART

CHAPTER ONE: General Provisions (ARTICLE1)…………………………….

3

CHAPTER TWO: Environmental Affairs Agency (ARTICLES 2 to 13)……

9

CHAPTER THREE: Environmental Protection Fund (ARTICLES 14 to 16)..

14

CHAPTER FOUR: Incentives (ARTICLES 17to 18)………………………………

15

PART ONE: PROTECTION OF LAND ENVIRONMENT FROM POLLUTION

CHAPTER ONE: Development and Environment (ARTICLES 19 to 28) .

15

CHAPTER TWO: Hazardous Material and Waste (ARTICLES 29 to 33)..

18

PART TWO: PROTECTION OF AIR ENVIRONMENT FROM POLLUTION (ARTICLES 34 to 47) ……………………….

19

PART THREE: PROTECTION OF WATER ENVIRONMENT FROM POLLUTION

CHAPTER ONE: POLLUTION FROM SHIPS (ARTICLES 48 to 68) …….

22

SECTION ONE: Oil Pollution (ARTICLES 48 to 59)………………………………

22

SECTION TWO: Pollution By Harmful Substances (ARTICLES 60 to 65)

26

SECTION THREE: Pollution from Sewage and Garbage (ARTICLES 66 to 68) …………………………………………….

27

CHAPTER TWO: POLLUTION FROM LAND BASED SOURCES (ARTICLES 69 to 75)……………………………………………..

28

CHAPTER THREE: INTERNATIONAL CERTIFICATES (ARTICLES 76 to 77)……………………………………………..

29

CHAPTER FOUR: ADMINISTRATIVE AND JUDICIAL PROCEDURES (ARTICLES 78 to 83)………………………………………………….

30

PART FOUR: PENALTIES (ARTICLES 84 to 101)…………………………………………..

32

FINAL PROVISIONS (ARTICLES 102 to 104) …………………………………………

37

PRELIMINARY PART

CHAPTER ONE

GENERAL PROVISIONS

Article 1:

In the application of the provisions of this Law, the following words and expressions shall have the meanings hereby assigned to them:

1. Environment:

The biosphere which encompasses living organisms together with the substances it contains and the air, water and soil that surround it, as well as the establishments set up by man.

2. Air:

The mixture of gases constituting air in its known percentages and natural properties, and in the provisions of this Law, it is the ambient air, air within the work places, and air in closed or semi-closed public places.

3. The Convention:

The International Convention for the Prevention of Marine Pollution from Ships (1973-1978), and international conventions, to which the Arab Republic of Egypt adheres, in the area of the protection of the marine environment from pollution and compensation for pollution accidents.

4. Public Place:

A place equipped to receive people or a specific category of people for any purpose.

5. Closed Public Place:

A public place which is in the form of an integrated building that receives no incoming air except from designated inlets. Vehicles for public transport are considered closed public places.

6. Semi-closed Public Place:

A public place which is in the form of a non-integrated building with direct access to the ambient air and which cannot be completely closed.

7. Environmental Pollution:

Any change in environmental properties which may result directly or indirectly in harming living organisms or establishments or in affecting the ability of people to lead a normal life.

8. Environmental Degradation:

Effect on the environment that reduces its value, or changes its nature, depletes its resources or harms living organisms or monuments.

9. Environmental Protection:

Protecting and promoting the components of the environment and preventing or reducing their degradation or pollution. These components encompass air, seas, internal waters, including the river Nile, lakes and subterranean water, land, natural protectorates, and other natural resources.

10. Air Pollution:

Any change in the properties or specifications of the natural air which causes hazards to human health or to the environment, whether resulting from natural factors or human activities, including noise.

11. Rapid Transport Vehicles:

Motor cars, tractors, motorcycles and other machines designed for use on public roads.

12. Water Pollution:

The introduction of any substance or energy into the water environment, whether intentionally or unintentionally, directly or indirectly, which causes damage to living or non-living resources, poses a threat to human health or hinders water activities, fishing and tourist activities or impairs the quality of sea water so as to render it unfit for use, diminish the enjoyment thereof or alter its properties.

13. Polluting Substances and Factors:

Any solid, liquid or gaseous substances, noise, radiation, heat, or vibrations arising from acts of man that lead directly or indirectly to environmental pollution or degradation.

14. Water Polluting Substances:

Any substance whose discharge into the water environment, intentionally or unintentionally, leads to a change in its properties, or contributes to such change directly or indirectly to an extent that can harm man, natural resources, sea water or marine tourist areas, or which interferes with other legitimate uses of the sea. These substances include:

A- Oil or oily mixtures.

B- Harmful and dangerous wastes as determined in the international conventions to which the Arab Republic of Egypt adheres.

C- Any other substance (solid, liquid or gaseous) as determined in the executive regulations of this law.

D- Untreated industrial waste or effluents from industrial establishments.

E- Toxic military containers.

F- Substances listed in the Convention and its annexes.

15. Oil:

Crude oil and its products in all forms, including any kind of liquid hydrocarbons, lubricating oil, fuel oil, refined oil, furnace oil, tar and other petroleum derivatives or waste.

16. Oily Mixtures:

Any mixture containing oil in a ratio of more than 15: 1,000,000.

17. Unclean Balancing Water (Unclean Ballast Water):

Water in ship-borne tanks if its oil content is greater than 15:1,000,000.

18. Hazardous Substances:

Substances having dangerous properties which are hazardous to human health, or which adversely affect the environment, such as contagious, toxic, explosive or flammable substances or those with ionizing radiation.

19. Hazardous Waste:

Waste of activities and processes or its ashes which retain the properties of hazardous substances and have no subsequent original or alternative uses, like clinical waste from medical treatments or the waste resulting

from the manufacture of any pharmaceutical products, drugs, organic solvents, printing fluid, dyes and painting materials.

20. Substance Handling:

Anything that leads to the displacement of substances for the purpose of assembling, transporting, storing, treating, or using them.

21. Waste Management:

Collecting, transporting, recycling and disposing of waste.

22. Waste Disposal:

Processes which do not extract or recycle waste such as composting, deep subterranean injection, discharge to surface water, biological treatment, physio-chemical treatment, permanent storage or incineration.

23. Waste Recycling:

Processes which allow the extraction or recycling of waste, such as using it as fuel, or extracting metals and organic materials or soil treatment or oil re-refining.

24. Liquid Substances Harmful to the Water Environment:

The substances listed in the International Convention of 1973/1978.

25. Reception Facilities:

Installations, equipment and basins designed to receive, filter, treat and dispose of contaminated substances or ballast water, as well as installations provided by companies working in the field of shipping and unloading petroleum products; or other administrative agencies supervising ports and waterways.

26. Discharge:

Any leakage, efflusion, emission, draining or disposal of any kind of pollutants into the waters of the territorial sea, the exclusive economic zone, the sea, the river Nile and the waterways, taking into consideration the levels determined for certain substances in the executive regulations.

27. Dumping:

A- Any deliberate disposal of polluting substances or waste from ships, planes, platforms or other industrial establishments and land-based sources into the territorial sea, the exclusive economic zone or the sea.

B- Any deliberate dumping by ships or industrial or other establishments into the territorial sea, the exclusive economic zone or the sea.

28. Compensation:

Means compensation for the damage resulting from pollution accidents in accordance with the application of the provisions of the Civil Code and the provisions of the International Convention on Civil Liability to which the Arab Republic of Egypt adheres or to which it will adhere in future, including the International Convention on Civil Liability for Damage Caused by Oil Pollution Accidents signed in Brussels in 1969, or any other pollution accidents mentioned in the executive regulations of this Law.

29. Means of Oil Transport:

Every pipeline used in transporting oil and any other equipment used in loading, unloading or transporting oil, as well as pumps or other equipment required for the use of these pipes.

30. Ship:

Any floating marine vessel of any type, vessels which move over hydrofoil cushions or underwater establishments. Also, any fixed or mobile establishment constructed along the coasts or on surface water for the purpose of conducting commercial, industrial, touristic or scientific activities.

31. War Ship:

Any ship that belongs to the armed forces of a state, carrying its distinct external insignia, under the command of an officer officially appointed by the government of such state and operated by a crew governed by the rules of military discipline of that state.

32. Government Ship:

A ship owned by the state and operated or used for governmental and non-commercial purposes.

33. Harmful Materials Carrier:

A ship constructed originally or redesigned for the purpose of carrying cargoes of harmful liquid substances in bulk, including oil tankers when fully or partially loaded with harmful liquid substances not packed in accordance with the provisions stated in Chapter One, Part Three of this Law.

34. Establishment:

Establishment means the following:

- Industrial establishments subject to the provisions of Law No. 21 of 1958 and Law No. 55 of 1977.

- Tourist establishments subject to the provisions of Law No. 1 of 1973 and Law No. 1 of 1992.

- Establishments used for electrical power generation and production which are under the provisions of laws Nos. 145/1948, 63/1974, 12/1976, 13/1976, 27/1976, and 103/1986.

- Mines, quarries and establishments operating in the field of oil exploration, drilling, transportation and usage which are subject to the provisions of laws Nos. 66/1953, 86/1956, 61/1958 and 4/1988.

- All infrastructure projects.

- Any other establishment, activity or project which may have a noticeable impact on the environment . These shall be determined by a decision issued by the Environmental Affairs Agency in agreement with the competent administrative authority.

35. Environmental Monitoring Networks:

Agencies which undertake, within their spheres of competence and through their stations and work units, to monitor the components and pollutants of the environment and relay their results and data to the competent authorities periodically.

36. Environmental Impact Assessment:

Studying and analyzing the environmental feasibility of proposed projects, whose construction or activities might affect the safety of the environment in order to protect it.

37. Environmental Disaster:

An accident resulting from natural factors or human action which causes severe damage to the environment and requires resources beyond the local means.

38. The competent Administrative Agency Concerned with the Protection of the Water Environment:

Any of the following agencies, each within its field of competence:

A- The Environmental Affairs Agency (EEAA)

B- The Department of Ports and Lighthouses.

C- The Suez Canal Authority.

D- Port Authorities in ARE.

E- The General Egyptian Organization for the Protection of the Coast.

F- Egyptian General Petroleum Corporation. (EGPC).

G- General Department of Surface Water Police.

H- Tourism Development Authority.

I- Other agencies designated by a Prime Ministerial Decree.

CHAPTER TWO

THE ENVIRONMENTAL AFFAIRS AGENCY

Article 2:

An agency for the protection and promotion of the environment shall be established within the cabinet premier ship under the name the "Environmental Affairs Agency". The Agency shall have a public juridical personality and shall be affiliated to the competent Minister for Environmental Affairs. It shall have an independent budget and its head office shall be located in Cairo. The Minister for Environmental Affairs may establish branches for the Agency in the governorates by ministerial decree, priority to be given to industrial areas.

Article 3:

The chairman of the Agency shall be appointed on the basis of the nomination of the Minister for Environmental Affairs and the proposal of the Prime Minister. His appointment shall be effected by a presidential decree which shall include his financial remuneration

Article 4:

The Environmental Affairs Agency shall replace the agency established by Presidential Decree 631 of 1982 in all its rights and obligations, and the employees of the said agency shall be transferred with their grades and seniority to the Environmental Affairs Agency.

Article 5:

The Agency shall formulate the general policy and lay down the necessary plans for the protection and promotion of the environment and follow up the implementation of such plans in coordination with the competent administrative authorities. The Agency shall have the authority to implement some pilot projects.

The Agency shall be the national authority responsible for strengthening environmental relations between the ARE and other countries and regional and international organizations. The Agency shall recommend taking the necessary legal procedures to adhere to regional and international conventions related to the environment and prepare the necessary draft laws and decrees required for the implementation of such conventions.

For the fulfillment of its objects, the Agency may:

- Prepare draft laws and decrees related to the fulfillment of its objects and express its opinion on proposed legislation related to the protection of the environment.

- Prepare studies on the state of the environment, formulate the national plan with the projects included for the protection of the environment, prepare the estimated budgets for each as well as environmental maps of urban areas and areas to be developed and lay down the criteria to be observed when planning and developing new areas as well as the criteria targeted for old areas.

- Lay down the criteria and conditions which owners of projects and establishments must observe before the start of construction and during the operation of these projects.

- Draw up a comprehensive list of national institutions and organizations as well as of qualified individuals who could contribute in the preparation and execution of environmental protection programmes and could be made use of in preparing and implementing the projects and studies undertaken by the Agency.

- Conduct field follow-up of compliance with the criteria and conditions that are binding to agencies and establishments and take the procedures prescribed by law against those who violate such criteria and conditions.

- Lay down and follow up the rates and percentages necessary to ensure that permissible levels of pollutants are not exceeded.

- Gather national and international information on the environmental situation and the changes affecting it on a periodical basis in cooperation with the information centres of other agencies, publish such information and evaluate and utilize it in environmental management and planning.

- Lay down the principles and procedures for assessing the environmental effects of projects.

- Prepare an environmental contingency plan in the manner stated in article 25 of this Law and coordinate with the competent bodies in the preparation of programmes to face environmental disasters.

- Lay down a plan for environmental training and supervise its implementation.

- Participate in the preparation and implementation of the national programme for environmental monitoring and make use of the data provided thereby.

- Compile and publish periodic reports on the main environmental indicators.

- Prepare programmes for the environmental education of the public and assist in their implementation.

- Coordinate with other competent authorities in connection with regulating and setting safety standards for the conveyance of hazardous materials.

- Administer and supervise natural protectorates.

- Prepare the draft budgets required for the protection and promotion of the environment.

- Follow up the implementation of international and regional conventions related to the environment.

- Propose economic mechanisms to encourage different activities and procedures for the prevention of pollution.

- Implement pilot projects for the preservation of natural resources and the protection of the environment from pollution.

- Coordinate with the Ministry for International Cooperation to ensure that projects funded by donor organizations and countries are in line with environmental safety considerations.

- Participate in laying down a plan to protect the country from leakages of hazardous substances and waste causing environmental pollution.

- Participate in the preparation of an integrated national plan for the administration of coastal areas abutting on the Mediterranean Sea and the Red Sea in coordination with the authorities and ministries concerned.

- Participate with the Ministry of Education in the preparation of training programmes for the protection of the environment within the scope of the various curricula in the basic education stage.

- Prepare an annual report on the environmental situation to be submitted to the President of the Republic and the Cabinet, a copy of which shall be deposited at the People’s Assembly.

Article 6:

The Board of Directors of the Agency shall be chaired by the Minister in charge of Environmental Affairs and composed of the following members:

- The CEO of the Agency, who shall be the deputy chairman of the Board.

- A representative from each of six ministries selected by the Prime Minister from the ministries concerned with the environment, provided the representative of each ministry shall be a high-ranking official selected by the competent minister.

- Two experts in the field of environmental affairs selected by the Minister in charge of Environmental Affairs.

- Three representatives from non-governmental organizations concerned with the environment selected in agreement with the Minister in charge of Environmental Affairs.

- A high-ranking employee of the Environmental Affairs Agency selected by the Minister in charge of Environmental Affairs on the basis of a proposal by the CEO of the Agency.

- The head of the Legal Opinions Department at the Council of State.

- Three representatives from the public business sector selected by the Minister in charge of Environmental Affairs.

- Two representatives from universities and scientific research centres selected by the Minister in charge of Environmental Affairs.

Representatives of the ministries concerned shall be invited whenever subjects related to the sectors under their supervision are discussed by the Board. The Board may solicit the assistance of experts having no counted vote in the deliberations when considering specific issues. The Board of Directors may form advisory committees of experts to study certain subjects and may entrust one or more of its members with a specific task.

Article 7:

The Agency’s Board of Directors is the supreme authority governing its affairs, running its business and drawing up the general policy it will follow. The Board may adopt whatever resolutions it deems necessary to fulfill the objects for which the Agency was established, within the framework of the national plan and in accordance with the executive regulations of this Law.

Article 8:

The Board of Directors shall meet at the invitation of its Chairman at least once every three months or at the request of half of its members. Board Meetings shall be valid if attended by half the number of its members. Resolutions shall be taken by a majority of the voting members attending the meeting. In case of a tie, the Chairman shall have the casting vote.

Article 9:

If the Chairman of the Board is absent or cannot attend the meeting he shall be replaced by the deputy Chairman.

Article 10:

The Chairman of the Board shall represent the Agency in its relation with third parties and before the courts.

Article 11:

The CEO of the Agency shall be responsible for the implementation of the general policy adopted to fulfill its objects and for implementing the resolutions of the Board of Directors. The executive regulations of this Law shall determine his other powers.

Article 12:

The Agency shall have a Secretary-General appointed from high-ranking Agency employees by a decree of the Minister in charge of Environmental Affairs after consulting the CEO, he shall assist the CEO and work under his supervision.

Article 13:

The CEO of the Agency shall have the ministerial powers prescribed in laws and regulations over Agency employees, with regard to whom , the Secretary-General shall have the authority of the head of the sector

CHAPTER THREE

ENVIRONMENT PROTECTION FUND

Article 14:

A special fund shall be established in the Agency under the name "the Environment Protection Fund" to which shall devolve:

a. Amounts allocated in the state budget to subsidize the fund.

b. Grants and donations presented by national and foreign organizations and accepted by the Board of Directors of the Agency for the purpose of protecting and promoting the environment.

c. Fines levied and damages awarded or agreed upon for any harm caused to the environment.

d. The financial resources of the protectorates fund provided for in Law 102 of 1983.

Amounts collected on a temporary basis on account of fines and damages for harm caused to the environment shall be deposited in the fund and held in trust.

The fund shall have a special balance sheet and its fiscal year shall commence and end with that of the state. Any surplus shall be carried over to the following year. The money in this fund shall be deemed public money.

Article 15:

The resources of the fund shall be allocated to the fulfillment of its objects.

Article 16:

The Agency shall lay down the internal regulations of the fund in agreement with the Minister of Finance. All the activities and transactions of the fund shall be subject to the control of the Central Audit Agency.

CHAPTER FOUR

INCENTIVES

Article 17:

The agency shall, in collaboration with the Ministry of Finance, establish a system of incentives that the Agency and the competent administrative departments can present to other agencies, establishments, individuals and others for their environmental protection activities or projects.

Article 18:

The system of incentives mentioned in the preceding Article shall be submitted to the Board of Directors of EEAA and approved by the Prime Minister.

PART ONE

PROTECTION OF LAND ENVIRONMENT

FROM POLLUTION

CHAPTER ONE

DEVELOPMENT AND ENVIRONMENT

Article 19:

The competent administrative authority or the licensing authority shall assess the environmental impact of the establishment for which a license is sought by reference to the elements, designs, specifications and criteria issued by the EEAA in agreement with the competent administrative authorities. The executive regulations of the Law shall determine the establishments to which the provisions of this article apply.

Article 20:

The competent administrative authorities or the licensing authority shall send a copy of the environmental impact assessment mentioned in the preceding Article to the EEAA, to express its opinion thereon and propose measures required to be taken in the field of preparations and systems in order to treat negative environmental effects. The said authorities shall verify the implementation of the EEAA’s proposals. The EEAA is required to furnish the competent administrative authority or the licensing authority with its opinion on the assessment within a maximum of 60 days from receiving same, otherwise the assessment shall be deemed to have been accepted by the EEAA.

Article 21:

The competent administrative authority shall notify the owner of the establishment of the result of the assessment by a registered letter with return receipt requested. The owner of the establishment may object to the result in writing within thirty days of notification before a committee to be formed by a decree of the Minister in charge of Environmental Affairs. The EEAA, the competent administrative authority or the licensing authority and the owner of the establishment shall be represented on the committee. The executive regulations shall determine the functions of the committee as well as its operating and complaint procedures.

Article 22:

Pursuant to the provisions of this Law, the owner of an establishment shall keep a written register to record the impact of his establishment activities on the environment. The executive regulations will determine the standard form of the required register, the time frame of the establishment obligation to keep it and the data to be entered therein. The EEAA is authorized to follow up entries in the register to ensure that they conform to the facts, to take samples as required and to conduct appropriate tests to determine the impact of the establishment activities on the environment and the extent of its compliance with the criteria laid down for the protection of the environment. In case of any violation, the EEAA shall notify the competent administrative authority to direct the owner of the establishment to rectify such violation forthwith. If the owner fails to comply within 60 days, the EEAA shall be entitled, in agreement with the competent administrative authority, to take such legal and judicial procedures as are necessary to stop the offending activity and claim adequate damages to redress the harm resulting from the violation.

Article 23:

Expansions and renovations of existing establishments shall be subject to the same provisions set forth in Articles 19, 20, 21 and 22 of this Law.

Article 24:

Environmental monitoring networks with their stations and working units shall be formed, pursuant to the provisions of this Law, and shall undertake, in their respective fields of specialization, to monitor the components and pollutants of the environment on a regular basis and make the results available to the authorities concerned. For the fulfillment of the foregoing, the networks may call on the assistance of research centres and competent authorities which shall furnish the networks with the studies and information they request. The Agency shall supervise the establishment and operation of the environmental monitoring networks.

Article 25:

The Agency shall lay down a contingency plan to deal with environmental disasters which shall be approved by the Cabinet. The contingency plan will be based in particular on the following:

- Gathering the information available at the national and international levels on ways of confronting environmental disasters and mitigating their harmful effects.

- Identifying the resources available at the national, regional and international levels and determining how they can be deployed to ensure a swift response to the disaster.

The contingency plan will include the following:

- Identifying the types of environmental disasters and the agencies responsible for reporting or predicting their occurrence.

- Establishing a central operations room to receive reports of environmental disasters and follow up the transmission of accurate information thereon in order to mobilize the necessary resources to deal with such disasters.

- Forming a task force to follow up the measures taken to confront an actual or predicted environmental disaster. The leader of the task force shall be vested with all the powers necessary to confront the disaster in cooperation and coordination with the competent authorities.

Article 26:

All public and private bodies and all individuals are held to provide prompt assistance and support, upon request, in order to confront the environmental disaster. The fund referred to in article 14 of this law shall reimburse private bodies and individuals for the actual expenses incurred.

Article 27:

An area of not less than one thousand square meters of state-owned land shall be allocated for the establishment of an arboretum for the cultivation of trees in each district and in each village. The output of these arboreta shall be available to agencies and individuals at cost price.

The competent administrative authorities to which these arboreta are affiliated shall lay down guidelines for the cultivation and protection of these trees. The EEAA shall participate in financing the establishment of these arboreta.

Article 28:

It is forbidden to hunt, kill, or catch the species of wild birds and animals determined in the executive regulations of this Law or to possess, transport, circulate with, sell or offer to sell such birds and animals either dead or alive. It is also forbidden to damage the nests or eggs of these birds.

The executive regulations of this Law shall determine the areas to which the provisions of this article apply and shall specify the conditions for a hunting license in these areas as well as the competent administrative authorities responsible for implementing the provisions of this article.

CHAPTER TWO

HAZARDOUS MATERIALS AND WASTE

Article 29:

It is forbidden to displace hazardous substances and waste without a license from the competent administrative authority. The executive regulations of this Law shall determine the procedures and conditions for granting such a license and the authority competent to issue same.

The ministers shall, each in his field of competence, issue in coordination with the Minister of Health and EEAA a table of the hazardous substances and waste referred to in para one of this article.

Article 30:

Management of hazardous waste shall be subject to the rules and procedures laid down in the executive regulations of this Law. The executive regulations shall designate the competent authority, which, after consulting EEAA, will issue the table of hazardous waste to which the provisions of this Law shall apply.

Article 31:

It is forbidden to construct any establishment for the treatment of hazardous waste without a license issued by the competent administrative authority after consulting the EEAA. Disposal of hazardous waste shall be in accordance with the conditions and criteria set forth in the executive regulations of this Law. The Minister of Housing shall, after consulting with the Ministries of Health and Industry and the EEAA, designate the disposal sites and determine the conditions of the license to dispose of hazardous waste.

Article 32:

It is forbidden to import hazardous waste or to allow its introduction into or its passage through Egyptian territories. It is forbidden without a permit from the

competent authority to allow the passage of ships carrying hazardous waste in territorial seas or in the exclusive maritime economic zone of the ARE.

Article 33:

Those engaged in the production or circulation of hazardous materials, either in gas, liquid or solid form, are held to take all precautions to ensure that no environmental damage shall occur

The owner of an establishment whose activities produce hazardous waste pursuant to the provisions of this Law shall be held to keep a register of such waste indicating the method of disposing thereof, and the agencies contracted with to receive the hazardous waste. The executive regulations shall determine the data to be recorded in the said register and the EEAA shall be responsible for following up the register to ensure its conformity with the facts.

PART TWO

PROTECTION OF AIR ENVIRONMENT

FROM POLLUTION

Article 34:

The site on which a project is established must be suitable for the project activity to ensure that the permissible levels of air pollutants are not overstepped, and that the total pollution emitted by all the establishments in one area is within the permissible levels.

The executive regulations of this Law shall determine the establishments subject to its provisions, the authority competent to approve the site and the permissible levels of air pollutants and noise in the area where the establishment is constructed.

Article 35:

In carrying out their activities, establishments subject to the provisions of this Law are held to ensure that emissions or leakages of air pollutants do not exceed the maximum levels permitted by laws and decrees in force and determined in the executive regulations of this Law.

Article 36:

It is prohibited to use machines, engines or vehicles whose exhaust emissions exceed the limits set by the executive regulations of this Law.

Article 37:

It is prohibited to throw, treat or burn garbage and solid waste except in special sites designated for such purpose which are far from residential, industrial or agricultural areas as well as from water-ways. The executive regulations of this Law shall determine the specifications and conditions of such sites and their minimum distance from the areas referred to hereinabove.

Local units shall, in agreement with the EEAA, designate the sites for burning, throwing or treating garbage and solid waste according to the provisions of this article.

Article 38:

It is prohibited to spray or use pesticides or any other chemical compound for agriculture, public health or other purpose except after observing the conditions, regulations and safety measures laid down in the executive regulations of this Law and in a manner that will not expose humans, animals, plants, waterways and other components of the environment, directly or indirectly, now or in future, to the harmful effects of such pesticides or chemical compounds.

Article 39:

All organizations and individuals shall be held, when carrying out exploration, excavation, construction or demolition works or when transporting the resultant waste or debris, to take the necessary precautions to secure the safe storage or transportation thereof to prevent loose particles from escaping into the air, in accordance with the provisions of the executive regulations.

Article 40:

It is mandatory when burning any type of fuel or otherwise, whether for industrial, energy production, construction or other commercial purpose, that the harmful smoke, gases, and vapors resulting from the combustion process are within the permissible limits. The person responsible for such activity shall be held to take all precautions necessary to minimize the pollutants in the combustion products. The executive regulations of this Law shall define such precautions as well as the permissible limits and the specifications of chimneys and other means of controlling the emission of the smoke, gases, and vapors resulting from the combustion process.

Article 41:

All organizations undertaking activities in the field of exploration, drilling, extraction and production of crude oil, its refining and processing shall observe the regulations and procedures set forth in the Law and its executive regulations which are derived from principles governing the international petroleum industry as provided by the competent administrative authority.

Article 42:

All organizations and individuals shall be held, when carrying out production, service or other activities, particularly when operating machinery and equipment or using sirens and loudspeakers, to keep the volume below the permissible sound intensity level.

Licensing authorities shall ensure that the total sounds emanating from fixed sources in one area shall be within the permissible levels, and ascertain that the establishments select the appropriate machinery and equipment to guarantee this. The executive regulations of this Law shall define the permissible levels of sound intensity and the permissible time limits for exposure thereto.

Article 43:

The owner of an establishment is held to take all precautions and procedures necessary to prevent the leakage or emission of air pollutants inside the work premises except within the permissible limits as defined by the executive regulations of this Law, whether they result from the nature of the establishment activities or from malfunctioning equipment. He has to provide the necessary protective measures for workers in accordance with the conditions of occupational safety and health, including choosing the appropriate machinery, equipment, material and fuel, taking into account the period of exposure to these pollutants. He must also ensure adequate ventilation and install chimneys and other air purification devices.

Article 44:

The owner of an establishment shall take the necessary procedures to maintain temperature and humidity inside the work-place within the permissible limits. In cases where it is necessary to work beyond these limits, he shall be held to secure appropriate protective measures for the workers, whether by providing them with special clothing or otherwise. The executive regulations of this Law shall set the maximum and minimum limits of temperature and humidity and the duration of exposure thereto as well as the protective measures.

Article 45:

Closed and semi-closed public places must have adequate ventilation facilities consistent with the size of the place and its assimilative capacity as well as with the type of activity exercised therein to ensure renewal and purity of the air and maintain it at a suitable temperature.

Article 46:

The director in charge of the establishment must take adequate measures to prevent smoking in closed public places except within the permissible limits specified in the license issued for such establishments. In such case, a special area shall be reserved for smokers in such a way as not to affect the air in other areas.

Smoking is prohibited in means of public transport.

Article 47:

The level of radioactivity or concentration of radioactive substances in the air shall not exceed the permissible limits as determined by the competent authorities in accordance with the executive regulations of this Law.

PART THREE

PROTECTION OF WATER ENVIRONMENT

FROM POLLUTION

CHAPTER ONE

POLLUTION FROM SHIPS

Section One

Oil Pollution

Article 48:

The aim of protecting the water environment from pollution is to achieve the following objectives:

a. To protect the coasts and ports of the Arab Republic of Egypt from the risks of pollution in all its forms and shapes.

b- To protect the environment of the territorial sea and the exclusive economic zone and their living or non-living natural resources by preventing, controlling and reducing pollution from any source.

c- To protect the natural resources in the economic zone and the continental shelf.

d- To compensate any natural or juridical person for any injury they sustain from the pollution of the water environment.

The Minister for Environmental Affairs in conjunction with the Minister of Maritime Transport and the competent administrative authorities referred to in para (38) of article (1) of this Law shall undertake to fulfill the aforesaid objectives, each within their respective fields of competence.

Article 49:

Ships of any nationality are forbidden to discharge oil or oily mixtures in the territorial sea or the exclusive economic zone of the Arab Republic of Egypt.

Military ships or support naval vessels of the Arab Republic of Egypt and other ships owned or operated by the state or by public authorities which are used in non-commercial governmental service and which are not subject to the provisions of the Convention shall take all necessary precautions to prevent pollution of the territorial sea or the exclusive economic zone of the Arab Republic of Egypt.

Article 50:

Ships registered in the Arab Republic of Egypt are forbidden to discharge oily or oil mixtures into the sea, in accordance with the Convention and international agreements to which the Arab Republic of Egypt adheres.

Article 51:

Foreign oil tankers calling at Egyptian ports must comply with all the requirements of Rule 13 of Annex 1 of the Convention as amended.

Oil tankers used in short voyages are exempt from these requirements pursuant to Rule 13c of the Convention as amended, as are oil tankers navigating the Suez Canal which are not obliged to discharge unclean ballast water.

Article 52:

National and foreign companies and organizations licensed to explore, extract or exploit off-shore oil fields and other marine natural resources, including oil transport facilities, are forbidden to discharge any polluting substances resulting from drilling, exploration, testing of wells or production in the territorial sea or the exclusive economic zone of the Arab Republic or Egypt. They are held to use safe measures not liable to harm the water environment and to treat any discharged waste or polluting substance according to the available technical methods and in accordance with the regulations of international conventions.

Article 53:

Without prejudice to the provisions of Law 79 of 1961 concerning marine disasters and shipwrecks, representatives of the competent administrative authority or judicial officers vested with the power to effect seizures shall be entitled to order the captain or the person in charge of the ship to take appropriate protection measures against the effects of pollution in the event of an accident involving a ship carrying an oil cargo which may pollute the territorial sea or the exclusive economic zone of the Arab Republic of Egypt.

Article 54:

The penalties prescribed in this Law shall not apply to cases of pollution resulting from:

a- Securing the safety of a ship or the lives of those on board.

b- Discharge resulting from damage to a ship or its equipment, provided such damage was not caused by the master or the person in charge to disable or destroy the ship or as a result of negligence. In all cases, the master of the ship or the person in charge thereof must have taken before and after the occurrence of damage all necessary precautions to prevent or reduce the effects of pollution and must have immediately notified the competent administrative authority.

c- A sudden break in the pipeline carrying oil or oily mixtures during the operating, drilling, exploring or testing of oil wells, without any negligence in supervising or maintaining the pipelines, provided sufficient precautions to supervise the operation of the pipeline and immediate measures to control the pollution and its sources have been taken.

This shall be without prejudice to the right of the competent authority to recover the costs of removing the effects of pollution from the party responsible therefor and to claim damages for losses incurred and injuries sustained by reason of such pollution.

Article 55:

The owner of the ship, its master or any person responsible therefor and those responsible for means of oil transport within the port areas or the territorial sea or the exclusive economic zone of the ARE and the companies working in the field of oil extraction are held to notify the competent administrative authorities of any oil spill immediately on its occurrence, with a description of the circumstances of the accident, the type of oil involved and the measures taken to stop or reduce the spill and such other information as determined in the Convention and the executive regulations of this Law.

In all cases, the competent administrative authorities are held to notify the EEAA of all particulars concerning the incident promptly on its occurrence.

Article 56:

All loading ports, ports equipped to receive oil tankers and all dockyards must be fitted out with the necessary equipment to receive unclean ballast water and the bilge wager from cleaning the tanks of oil tankers and other ships.

Ports must be equipped with enough barges and containers to receive the deposits, residues, and waste of oil and oily mixtures from ships docked in port.

No ship or tanker may be licensed to carry out loading and unloading works except after referring to the competent administrative authority which will receive and direct it to the locations for the disposal of waste and unclean ballast water.

Article 57:

he competent minister shall determine the tools and equipment for reducing pollution with which all ships registered in ARE or off-shore platforms installed in the water environment must be fitted out.

Foreign ships calling at Egyptian ports or passing through their littoral zones must be fitted out with pollution reducing equipment in accordance with the provisions of the Convention and its annexes.

Article 58:

Owners or masters of ships registered in the ARE as well as of ships pertaining to the states adhering to the Convention are held to keep a register of the oil on board in which shall be entered all operations relating to oil in the manner determined in the Convention, and in particular the following operations:

a- Loading, delivery or other oil cargo transport operations, while designating the type of oil.

b- Discharge of oil or oily mixture to secure the safety of the ship or its cargo or to save lives, while designating the type of oil.

c- Oil or oily mixture spills as a result of a collision or accident, while indicating the size of the spill.

d- Discharge of unclean ballast water or of bilge water from cleaning the tanks.

e. Disposal of polluting waste.

f. Discharge of machinery space bilges, containing the oil collected within the machinery space, outside the ship while in port.

The executive regulations shall determine the means of recording the processes of discharging oil or oily mixture, in respect of off-shore platforms installed in the water environment.

Article 59:

Without prejudice to the provisions of the International Convention on Civil Liability for Injuries Resulting from Oil Pollution Accidents signed in Brussels in 1969 as amended, all oil tankers whose total tonnage amounts to 2,000 tons or more and which are registered in ARE, and other oil transport equipment whose total tonnage amounts to 150 tons or more operating in the territorial sea or the exclusive economic zone of ARE, are held to present a financial guarantee certificate in the form of insurance or indemnity bond or any other form of guarantee to the competent administrative authority in accordance with the guidelines laid down in a decree from the Minister of Maritime Transport in agreement with the Minister of Petroleum and the Minister for Environmental Affairs.

The guarantee certificate must be presented when the tanker enters the territorial sea and shall be valid and cover all damages and compensation as assessed by the competent administrative authority.

With regard to ships registered in a country adhering to the International Convention on Civil Liability for Injuries Resulting from Oil Pollution Accidents, such certificate shall be issued from the competent authority in the country where the ship is registered.

Section Two

Pollution By Harmful Substances

Article 60:

It is prohibited for tankers carrying harmful liquid substances to discharge any harmful substances, waste or deposits intentionally or unintentionally, directly or indirectly, resulting in harm to the water environment or public health or to other legitimate uses of the sea. It is also prohibited for ships carrying harmful substances in receptacles, cisterns portable tanks or land or railroad containers to dispose of such substances in the territorial sea or in the exclusive economic zone of ARE.

It is prohibited to throw dead animals in the territorial sea or the exclusive economic zone of ARE.

Article 61:

All loading and unloading ports equipped to receive the tankers referred to in the first paragraph of the previous article, as well as all dockyards, shall be fitted out with adequate facilities to receive the harmful liquid substances and their wastes.

Article 62:

Tankers carrying harmful liquid substances must be provided with a cargo register pursuant to the Convention, in which the master of the ship or the person responsible for it shall record all operations as stated in the Convention.

Article 63:

Representatives of the competent administrative authority and the judicial officers vested with the power to effect seizures shall have the authority to order the ship’s master or the person responsible for it to take the necessary measures to reduce the effects of pollution in the event of an accident to any ship carrying harmful substances that may pollute the territorial sea or the exclusive economic zone of the ARE in any way. Ships carrying harmful substances are forbidden to dump polluting substances and waste in the continental shelf or the exclusive economic zone of ARE.

Article 64:

The provisions of Article 54 of this Law shall apply to cases of pollution resulting from measures taken to save lives on board or to save the ship itself from harm.

Article 65:

The ship’s master or the responsible person is held to implement all the conditions stated in Rule 8 of Annex 2 of the Convention.

Section Three

Pollution from Sewage and Garbage

Article 66:

Ships and off-shore platforms are prohibited from discharging their polluted waste-water in the territorial sea or the exclusive economic zone of the ARE. It must be disposed of according to the criteria and procedures laid down in the executive regulations of this Law.

Article 67:

All ships and off-shore platforms working in the field of exploration and exploitation of natural and mineral resources in the water environment of the ARE as well as ships calling at Egyptian ports, are forbidden to dispose of their garbage in the territorial sea or in the exclusive economic zone. Ships are held to deliver garbage to the reception facilities or to places designated by the competent administrative authority for fees to be fixed by a decree of the competent Minister.

Article 68:

All loading and unloading ports, all ports equipped to receive ships and all stable or floating dockyards must be fitted out with the necessary and adequate facilities to receive polluted waste water and garbage from ships.

CHAPTER TWO

POLLUTION FROM LAND BASED SOURCES

Article 69:

t is prohibited for all establishments, including public places and commercial, industrial, touristic and service establishments, to discharge or throw any untreated substances, wastes or liquids which may cause pollution along the Egyptian sea shores or adjoining waters either directly or indirectly, intentionally or unintentionally. Each day of such prohibited discharge shall be considered as a separate violation.

Article 70:

No building permits shall be granted for establishments or public places on or near the sea shore, which would result in the discharge of polluting substances in violation of the provisions of this Law and the decrees issued in implementation thereof unless the applicant for such permit conducts environmental impact studies and undertakes to provide waste treatment units and to operate them as soon as the establishment commences work.

Article 71:

The executive regulations of this Law shall define the specifications and criteria which must be observed by industrial establishments allowed to discharge degradable polluted substances after they have been treated. The administrative authority, specified in the said executive regulations, shall conduct periodic analysis of samples of the treated liquid waste in its laboratories and notify the competent administrative authorities of the results. In case of violations, the party concerned shall be granted a grace period of one month to treat the waste and render it compatible with the said specifications and standards. If treatment is not completed within the grace period as aforesaid or if the tests carried out during such period prove that continued

discharge would result in severe harm to the water environment, discharge shall be halted by administrative means and the establishment license shall be revoked without prejudice to the penalties prescribed in this Law. In addition, the executive regulations shall specify the non-degradable polluting substances which industrial establishments are prohibited from discharging in the water environment.

Article 72:

Without prejudice to the provisions of article 96 of this Law, representatives of the juridical persons or managers of the establishments mentioned in article 69 which discharge in the water environment shall be responsible for any acts carried out by their employees in violation of the provisions of the said article as well as for providing means of treatment in accordance with the criteria and specifications laid down in the executive regulations and shall be liable to the penalties prescribed in Article 87 of this Law.

Article 73:

It is prohibited to construct any establishment within 200 meters of the Egyptian coast lines without the permission of the competent administrative authority in coordination with the EEAA. The executive regulations of this Law shall lay down the procedures and conditions to be followed in this connection.

Article 74:

It is prohibited to take any measures that may affect the natural coast line or alter its configuration either inwards or outwards, without the approval of the competent authority in coordination with EEAA. The executive regulations of this law shall regulate the procedures and conditions to be followed in this connection.

Article 75:

The representatives of the concerned administrative authorities shall be entitled, each within its scope of competence and in coordination with the EEAA, to enter the exclusion zones referred to in articles 73 and 74 of this Law in order to inspect works being carried out therein. If they discover that works contrary to the foregoing provisions are being executed or are intended to be executed, the violator shall be ordered to restore matters to their original state otherwise the works will be halted administratively and matters restored to their original state at the expense of the violator and the beneficiary jointly. Payment shall be collected by means of administrative attachment.

CHAPTER THREE

INTERNATIONAL CERTIFICATES

Article 76:

Egyptian ships are held to obtain from the Ports and Lighthouse Department the international oil pollution prevention certificate or the international certificate for the prevention of pollution resulting from cargoes of harmful liquid substances in bulk. The issuance of the said certificates shall be in accordance with the provisions and conditions set forth in the Convention and the validity of the certificate shall not exceed five years from the date of its issuance.

Article 77:

All ships regularly carrying oil to or from Egyptian ports or from other oil transportation means within the territorial sea or the exclusive economic zone of ARE and which fly the flag of a state that is a signatory of the Convention must carry the international oil pollution prevention certificate which should be valid according to the Convention.

With regard to ships subject to the provisions of para 1 of this Article and flying the flag of a state that does not adhere to the Convention, the Minister of Maritime Transport shall determine the oil pollution prevention certificate that will be granted by the Ports and Lighthouse Department before licensing such ships to carry oil on a regular basis from an Egyptian port or from one of the means of oil transport within the exclusive economic zone.

CHAPTER FOUR

ADMINISTRATIVE AND JUDICIAL PROCEDURES

Article 78:

Representatives of competent administrative authorities and consular officials abroad shall be deemed judicial law officers vested with the power to effect seizures in respect of the application of the provisions of Part Three of this Law. The Minister of Justice in agreement with the competent ministers can vest other officials with this capacity according to the needs for implementing this Law and in compliance with the rules of International Law.

Article 79:

The judicial officers referred to in the preceding article are authorized in case of violation, and if the ship’s master or the person responsible therefor wishes to leave the port immediately, to collect sums of money on a temporary basis pending settlement of the fines imposed and the damages awarded pursuant to the provisions of Part Four of this Law, provided the amount so collected shall

not be less than the minimum prescribed for the violation in addition to all expenses and damages determined by the competent administrative authority to remove the effects of the violation.

A financial guarantee covering the value of these amounts and accepted by the competent administrative authority may be presented, without prejudice to the provisions of the International Convention on Civil Liability for Oil Pollution signed in Brussels in 1969.

Article 80:

Without prejudice to the provisions of the Code of Criminal Procedure, the officers referred to in article 78 shall be entitled to board ships and off-shore platforms, and to enter establishments built on the shore and inspect the means used to transport oil and marine polluting substances to ensure compliance with the provisions of this Law and the decrees issued in implementation thereof as well as the availability of waste treatment equipment.

The competent administrative authority shall issue its decision on what it regards as necessary for the protection of the marine environment in the light of the results of this procedure. The party concerned can object to this decision before the appeals committee mentioned in article 81 of this Law within fifteen days from the date of his notification thereof. Such objection shall not result in suspending implementation of the decision unless the said committee issues a decision to suspend its implementation until the settlement of the dispute.

Article 81:

The minister concerned, as designated by the executive regulations of this Law shall issue a decree for the formation of the appeals committee. The committee shall be located within the working area of the port or in a nearby administrative authority and shall consist of the following members:

- A counselor from the State Council - Chairman.

- Representative of EEAA.

- Representative of the Ports and Lighthouses Department

- Representative of the Ministry of Defense.

- Representative of the Ministry of Petroleum and Mineral Wealth.

- Representative of the competent administrative authority within the scope of whose activities the violation occurred.

The committee may solicit the advice of one or more experts in the field of water environment. The function of this committee shall be to settle administrative disputes arising from the implementation of the provisions of Part Three of this Law. The committee shall issue its decision, after hearing both parties, by a majority decision of members present and in case of a tie, the chairman shall have the casting vote. The parties concerned may challenge the committee’s decision before the Administrative Court of the State Council.

Article 82:

Every master or user of a ship calling at the Egyptian ports or licensed to operate in the territorial sea or the exclusive economic zone of ARE should provide the representatives of the competent administrative authority or the judicial officers responsible for implementing the provisions of this Law with the facilities required to perform their functions.

Article 83:

The competent administrative authorities may request assistance from the ministries of defense, interior, petroleum, and mineral resources, as well as from the Suez Canal Authority or any other competent agency, in implementing the provisions of Part Three of this Law according to the conditions laid down in the decree of the competent Minister.

PART FOUR

PENALTIES

Article 84:

Whoever violates the provisions of Article 28 of this Law shall be fined a sum of not less than two hundred Egyptian pounds and not more than five thousand Egyptian pounds. In addition, birds and animals seized as well as the machines and equipment used in the violation shall be confiscated.

Article 85:

Whoever violates the provisions of Articles 30, 31 and 33 of this Law shall be imprisoned for a period of not less than one year and/or fined ten thousand to twenty thousand Egyptian Pounds.

Article 86:

Whoever violates the provisions of article 36 of this Law shall be fined a sum of not less than two hundred Egyptian Pounds and not more than three hundred Egyptian Pounds. As to violations of the provisions of article 39 of this Law, these shall be punishable by a fine of not less than five hundred Egyptian Pounds and not more than one thousand Egyptian Pounds. The court may order the suspension of the license for a period of not less than one week and

not more than six months, and in case of recidivism, the court may revoke the license.

Article 87:

Whoever violates the provisions of article 42 of this Law by using loudspeakers with a volume exceeding the permissible levels of sound intensity shall be punished by a fine of not less than one hundred Egyptian Pounds and not more than five hundred Egyptian Pounds and the machines and equipment used in the violation shall be confiscated. Violators of the provisions of articles 38, 41, 69, and 70 of this Law shall be punished by a fine of not less than two hundred Egyptian Pounds and not more than twenty thousand Egyptian Pounds.

The fines imposed on those who violate the provisions of articles 35, 37, 40, 43, 44, or 45 of this Law shall be not less than one thousand Egyptian Pounds and not more than twenty thousand Egyptian Pounds. The same fine shall apply in respect of the non-compliance of the manager in charge of the establishment with the requirement to ban smoking in closed public places in violation of the provisions of para 1 of article 46 of this Law.

Anyone who smokes while using public transportation in violation of the provisions of para 2 of the said article shall be fined a sum of not less than ten Egyptian Pounds and not more than fifty Egyptian Pounds.

In case of recidivism, the penalty shall be imprisonment and the fine provided for in the preceding paragraphs.

Article 88:

Any person who violates the provisions of articles 29, 32, and 47 of the present Law shall be punished by imprisonment for a term of not less than five years and a fine of twenty thousand Egyptian Pounds to forty thousand Egyptian Pounds. Whoever violates the provisions of Article 32 shall be held to re-export the hazardous wastes subject of the crime at his own expense.

Article 89:

Any person who violates the provisions of article 2, the last paragraph of article 3, or articles 4, 5, and 7 of Law No. 48 of 1982 concerning the protection of the River Nile and waterways from pollution, and of the decrees issued in implementation thereof shall be fined a sum of not less than two hundred Egyptian Pounds and not more than twenty thousand Egyptian Pounds.

In case of recidivism, the penalty shall be both imprisonment and the fine provided for in the previous paragraph.

In all cases, the violator shall be held to remove or rectify the violating works by the date determined by the Ministry of Public Works and Water Resources. If the violating works are not removed or rectified by the due date, the Ministry of Public Works and Water Resources shall have the right to take procedures to

remove or rectify the violation by administrative means, at the expense of the violator, without prejudice to the right of the Ministry to revoke the license.

Article 90:

Whoever commits one of the following acts shall be fined a sum of not less than one hundred and fifty thousand Egyptian Pounds and not more than five hundred thousand Egyptian Pounds.

1. Discharges oil or oily mixtures or harmful substances in the territorial sea or the exclusive economic zone in violation of articles 49 and 60 of this Law.

2. Fails to comply with the requirement to treat the wastes and polluting substances discharged, or fails to use safe procedures which prevent damage to the water environment in violation of article 52 of this Law.

3. Discharges any other substance that pollutes the environment.

In case of recidivism, the penalty shall be both imprisonment and the fine provided for in the preceding paragraph.

In all cases, the violator shall be held to remove the effects of the violation within the time frame determined by the competent administrative authority, otherwise the administrative authority shall proceed with the removal at his expense.

Article 91:

A penalty of imprisonment and/or a fine of not less than one hundred and fifty thousand pounds and not more than five hundred thousand pounds shall be imposed on any one violating the provisions of article 54 hereof. Such party shall also be charged with the expenses of removing the effects of such violation as determined by the authorities commissioned to effect removal, if unloading, resulting from damage to the ship or its equipment, is carried out in order to delay or damage the ship or is due to negligence.

The fine shall be doubled in case of recidivism, and the executive regulations of the present Law shall lay down parameters for determining the value of the fine by reference to the extent of pollution and the environmental consequences arising from the violation of this article.

Article 92:

Whoever commits one of the following acts shall be fined a sum of not less than seventy thousand Egyptian Pounds and not more than three hundred thousand Egyptian Pounds:

1. Fails to fit out a foreign ship using Egyptian ports or navigating through the special marine area with pollution control equipment, in violation of article 57 of this Law.

2. Fails to take the necessary precautions to prevent or reduce the effects of pollution before and after the occurrence of damage to the ship or to its equipment or fails to promptly notify the competent administrative authority of the discharge resulting from damage to the ship or to its equipment in violation of the provisions of article 54-b of this Law.

3. Fails to promptly notify the competent administrative authority of any oil spill, the circumstances in which it occurred, the nature and percentage of the substance discharged and the measures taken, in violation of the provisions of article 55 of this Law.

The fine shall be doubled in case of recidivism in respect of item (1), while the repetition of the violations mentioned in items (2) and (3) shall be punished by imprisonment and/or a fine of not less than three hundred thousand Egyptian Pounds and not more than five hundred thousand Egyptian Pounds.

In all cases, the violator shall be held to remove the effects of the violation within the time frame determined by the competent administrative authority, otherwise the administrative authority shall proceed with their removal at the expense of the violator.

Article 93:

Whoever commits one of the following acts shall be fined a sum of not less than forty thousand Egyptian Pounds and not more than two hundred thousand Egyptian Pounds:

1. Loading and unloading works by ships or tankers without having a license from the competent administrative authority in violation of the provisions of article 56 of this Law.

2. Failure of the ship or the tanker to keep the certificates and registers stipulated in articles 58, 62, 76 and 77 of this Law.

3. Discharges polluted waste-water or throws garbage from ships in violation of the provisions of articles 66 and 67 of this Law.

4. Discharges oil or oily mixtures into the sea in violation of the provisions of article 50 of this Law by any ship registered in the Arab Republic of Egypt.

Article 94:

Whoever commits one of the following acts shall be fined a sum of not less than forty thousand Egyptian Pounds and not more than one hundred and fifty thousand Egyptian Pounds:

1. Fails to fit out the ships registered in ARE with the instruments and equipment necessary to reduce pollution in violation of the provisions of article 57 of this Law.

2. Contravenes the orders of the inspectors of the competent administrative authority or the judicial officers in case of an accident to a ship carrying oil or harmful substances pursuant to the provisions of articles 53 and 63 of this Law.

Article 95:

Whoever intentionally violates the provisions of this Law shall be punished by imprisonment for a term of not more than 10 years if such violation results in causing a permanent incurable disability to an individual. The penalty shall be imprisonment if the violation results in causing this infirmity to three or more persons.

If the violation results in the death of a person, the penalty shall be temporary hard labour, and if it results in the death of three persons or more the penalty shall be permanent hard labour.

Article 96:

The ship’s master or the person responsible therefor and the parties to contracts for the exploration, extraction and exploitation of marine oil fields and other natural resources including oil transport facilities as well as the owners of the establishments mentioned in article 69 of this Law shall be jointly liable, each within his scope of competence, for any harm that befalls any natural or juridical person as a result of a violation of the provisions of this Law as well as for payment of imposed fines and the expenses of removing the effects of such violations.

Article 97:

The penalties stipulated in the previous articles shall be imposed on all ships of all nationalities and types including those belonging to states not bound by the Convention if they discharge oil or oily mixtures or commit prohibited dumping or submerging in the territorial sea or the exclusive economic zone of the ARE.

Article 98:

Penalties for violating the provisions of articles 73 and 74 of this Law shall be imprisonment for a period of not more than six months and/or a fine of not less than one thousand Egyptian Pounds and not more than twenty thousand Egyptian Pounds.

The court may not order a stay of execution of the fine, and in all cases, the violating works must be halted and removed by administrative means at the expense of the violator and the machinery, equipment and materials used in these works shall be seized without awaiting a court sentence. In case of conviction, such machinery and equipment shall be confiscated.

Article 99:

Jurisdiction over the crimes referred to in this Law shall lie with the court within the circumscription of which any such crime is committed, if it is committed by the ships referred to in article 97 within the territorial waters of the ARE or in the exclusive economic zone. The court shall rule on the case expeditiously.

Jurisdiction over the crimes committed outside the two areas mentioned in this article shall lie with the court within the circumscription of which the port in which the ship flying the Egyptian flag is registered.

Article 100:

Without prejudice to the provisions of Article 79, the competent administrative authority may take legal procedures to detain any ship which fails to pay the instant fines and/or in the summary cases stipulated in the said article.

Such detention shall be lifted if due payments are made or an unconditional financial guarantee accepted by the competent administrative authority is presented.

Article 101:

The imposition of the penalties stipulated in this Law shall be without prejudice to the imposition of any more severe penalty prescribed in another law.

FINAL PROVISIONS

Article 102:

Without prejudice to the provisions of article 78 of this Law, the employees of the EEAA and its branches in the governorates designated by a decree of the Minister of Justice in agreement with the Minister in charge of Environmental Affairs shall have the capacity of judicial officers vested with the power to effect seizures in proving the commission of crimes in violation of the provisions of this Law or the decrees issued in implementation thereof.

Article 103:

Every citizen and organization concerned with the protection of the environment shall have the right to report any violation of the provisions of this Law.

Article 104:

Inspectors of administrative authorities concerned as well as the inspectors of the Environmental Affairs Agency (EEAA) who have the capacity of judicial officers in matters relating to the environment shall be held, each in his field of competence, to report to the authority to which they belong any violation of the provisions of this Law and the authorities concerned shall then take the necessary legal procedures.

EXECUTIVE REGULATION

OF

LAW NUMBER 4 of 1994

EGYPT

PRIME MINISTER’S DECREE

Prime Minister’s Decree No. 338 of 1995

Issuing the Executive Regulations of the

Environment Law promulgated by

Law No. 4 of 1994(2)

The Prime Minister,

After reviewing Law No. 4 of 1994 promulgating

the Environment Law, and

The presentation made by the

Minister of Environmental Affairs after

consulting the Board of Directors of the

Environmental Affairs Agency, and

Pursuant to the opinion of the Council of State,

Decrees:

Article 1:

The provisions of the attached Executive Regulations of the Environment Law promulgated by Law No. 4 of 1994 shall come into force.

Article 2:

Without prejudice to the provisions of Article 1 of the aforementioned Law No. 4 of 1994, establishments wishing to extend the prescribed time limit for making the required adjustments are to submit their applications to the EEAA six months before the expiration of the three year period prescribed in the above-mentioned article. The applications shall include justifications for such an extension and the procedures taken for the implementation of the provisions of the attached Executive Regulations.

The EEAA shall be held to verify the submitted data and to ascertain how far the establishment is willing to implement the provisions of these Executive Regulations. The EEAA shall submit a detailed report, substantiated with documents, to the Minister for Environmental Affairs for presentation to the Cabinet.

The EEAA may, in preparing the report, resort to experts nominated for this purpose, in which case the applicant requesting the extension shall bear the costs estimated by the EEAA for these experts.

2 Official Gazette, el-WakaE el-Masreya, Issue No. 51, 28 February 1995.

Article 3:

This Decree shall be published in the Official Gazette el-Wakaé el- Masreya and shall come into force on the day following the date of publication.

Issued in the Cabinet on the 18th of Ramadan 1415 Hejra Year

corresponding to the 18th of February 1995 A.D.

Prime Minister

Dr. Atef Sidki

Executive Regulation

OF

LAW NUMBER 4 of 1994

EGYPT

Table of Contents

PRELIMINARY PART

CHAPTER I: General Provisions (ARTICLE 1)……………………………..

1

CHAPTER II: Environmental Affairs Agency (ARTICLES 2 to 6)……..

3

CHAPTER III: Environmental Protection Fund (ARTICLES 7 to 8 ) …

6

CHAPTER IV : Incentives (ARTICLE 9)……………………………………….

7

PART ONE: PROTECTION OF LAND ENVIRONMENT

FROM POLLUTION

CHAPTER I: Development and Environment

(ARTICLES 10 to 24) ……………………………………

8

CHAPTER II: Hazardous Material and Waste

(ARTICLES 25 to 33) ……………………………………………

14

PART TWO: PROTECTION OF AIR ENVIRONMENT FROM POLLUTION (ARTICLES 34 to 49) ………………………..

26

PART THREE: PROTECTION OF WATER ENVIRONMENT FROM POLLUTION

CHAPTER I: POLLUTION FROM SHIPS………………………………………

37

SECTION I: OIL POLLUTION(ARTICLES 50 TO 53 )………………….

37

SECTION II: POLLUTION FROM SEWAGE AND GARBAGE (ARTICLES 54 TO 56 ) …………………………………………

40

CHAPTER II: POLLUTION FROM LAND BASED SOURCES (ARTICLES 57 to 60 )……………………………………………

41

CHAPTER III: ADMINISTRATIVE AND JUDICIAL ……….PROCEDURES (ARTICLES 61 to 63) ……………………………………………..

44

PART FOUR: FINAL PROVISIONS (ARTICLES 64 to 65)………………………..

45

ANNEXES TO THE EXECUTIVE REGULATIONS …………………………………….

46

Table of Contents (cont’d)

ANNEX 1 Criteria and specifications for certain substances when discharged into the marine environment…………………………

47

ANNEX 2 Establishments subject to environmental assessment………

49

ANNEX 3 Model register of impact of an establishment activities on the environment [Environmental Condition Register…………

51

ANNEX 4 Wild birds and animals prohibited from being hunted, killed or captured…………………………………………………………

52

ANNEX 5 Maximum limits of outdoor air pollutants…………………………

53

ANNEX 6 Permissible limits of air pollutants in emissions……………….

54

ANNEX 7 Permissible limits of sound intensity and periods of safe exposure thereto…………………………………………………………

57

ANNEX 8 Maximum limits of air pollutants inside the work place according to type of industry…………………………………………

60

ANNEX 9 Maximum and minimum limits of temperature and humidity, period of exposure thereto, and means of protection therefrom…………………………………………………….

79

ANNEX 10 Non-degradable polluting substances which industrial establishments are prohibited from discharging into the marine environment…………………………………………………….

82

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Executive Regulations of

the Environment Law

PRELIMINARY PART

Chapter I

General Provisions

Article (1)

In the application of the provisions of these Executive Regulations, the following terms and expressions shall have the meanings hereby assigned to them:

1. Water Polluting Substances:

Any substance whose discharge into the water environment, intentionally or unintentionally, leads to a change in its properties, or contributes to such change directly or indirectly to an extent that can harm man, natural resources, sea water or marine tourist areas, or which interferes with other legitimate uses of the sea. These substances include:

A- Oil or oily mixtures.

B- Harmful and dangerous waste as determined in the international conventions to which the Arab Republic of Egypt adheres.

C- Any other substances (solid-liquid-gas) designated in a decree issued by the Minister for Environmental Affairs.

D- Untreated industrial waste or effluents from industrial establishments.

E- Toxic military containers.

F- Substances listed in the Convention and its annexes.

2- Discharges:

Any leakage, spillage, emission, drainage or disposal of any kind of polluting substances into the water of the territorial sea, the exclusive economic zone, the sea, the River Nile and the waterways, taking into consideration the levels determined for certain substances in Annex (1) of these Executive Regulations.

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3. Compensation:

Means compensation for the damage resulting from pollution accidents in accordance with the application of the provisions of the Civil Code and the provisions of the International Convention on Civil Liability to which the Arab Republic of Egypt adheres or to which it will adhere in future, including the International Convention on Civil Liability for Damage resulting by Oil Pollution Accidents signed in Brussels in 1969, or from pollution accidents involving toxic or any other harmful substances as well as damage resulting from ships operated by nuclear power, from air pollution, from the pollution caused by the collision and keeling of ships or arising during their loading or unloading.

4. The Coastline:

The maximum extent on the land reached by sea water during the highest tide occurring within a period of not less than eleven years.

5. Territorial Sea:

It is the sea water extended seaward for 12 nautical miles from the coast of the Arab Republic of Egypt. It is measured from the baseline from which the width of territorial waters is measured in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea.

6. Exclusive Economic Zone:

The expanses of sea water extending beyond the territorial sea for a distance of two hundred nautical miles measured from the baseline.

7. The Sea:

The expanse of sea water lying beyond the Exclusive Economic Zone.

8. The Private Sea Zone:

Includes the Mediterranean and Red Sea areas according to the geographical and natural boundaries as determined in Rule (10) of Annex (1) of the (Maripool) Convention for 1973-1978.

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Chapter II

The Environmental Affairs Agency

Article (2)

The Environmental Affairs Agency (EEAA) established by Law No. 4 of 1994 shall replace the agency established by Presidential Decree No. 631 of 1982 in all its rights and obligations, and the employees of the said agency shall be transferred with their grades and seniority to the EEAA and assigned in such capacity to the administrative sectors of the EEAA by a decree issued by its CEO.

Article (3)

The Board of Directors of the Environmental Affairs Agency shall be constituted pursuant to a decree issued by the Prime Minister. The Board shall be chaired by the Minister for Environmental Affairs and shall include the following members:

* The CEO of the Agency, who shall be the deputy chairman of the Board.

* At least one high-ranking representative, to be designated by the competent minister, from each of the following six ministries: Agriculture, Animal and Fish Resources and Agrarian Reform; Public Works and Water Resources; Transport and Communications; Industry; Interior and Health.

* Two experts in the field of environmental affairs selected by the Minister for Environmental Affairs on the basis of a proposal from the CEO of the Agency.

* Three non-governmental organizations concerned with the environment to be selected from among the candidates of these organizations to represent them on the Board of Directors, in agreement with the Minister for Environmental Affairs.

* A senior employee of the EEAA selected by the Minister for Environmental Affairs on the basis of a proposal by the CEO of the Agency.

* The director of the Legal Opinions Department concerned at the Council of State.

* Three representatives from among the candidates put forward by the public business sector selected by the Minister for Environmental Affairs, on the basis of the nomination of the CEO of the Agency.

5

* Two representatives from universities and scientific research centers selected by the Minister for Environmental Affairs from among the candidates put forward by the said bodies.

The representatives of the ministries concerned must be invited to attend Board meetings whenever subjects related to the sectors under their supervision are tabled for discussion. The Board may solicit the assistance of experts when considering specific issues, with no right for such experts to have a counted vote in the deliberations. The Board of Directors may form advisory committees of experts to study certain subjects and entrust one or more of the members of such committees with a specific task.

The secretariat of the Board of Directors shall be held by the Secretary General of the EEAA who shall not have a counted vote in the deliberations unless he was selected as a member of the Board of Directors. The Board of Directors shall be reconstituted every three years.

Article (4)

The EEAA Board of Directors is the supreme authority governing its affairs, running its business and drawing up the general policy it will follow. The Board may adopt whatever resolutions it deems necessary for the fulfillment of the objects for which the EEAA was established, within the framework of the national plan. It shall in particular have the authority to:

* Approve national plans for the protection of the environment.

* Approve contingency plans to deal with environmental disasters.

* Prepare draft laws concerning the environment.

* Approve experimental projects undertaken by the EEAA.

* Approve environmental training policies and plans.

* Approve the levels and ratios necessary to ensure the non pollution of the environment.

* Approve standards and procedures for assessing the environmental impact of projects.

* Supervise the Fund for the Protection and Development of the Environment.

* Approve the organizational structure of the EEAA and its branches in the governorates.

* Approve the by-laws and personnel regulations of the EEAA.

* Approve the EEAA draft annual budget.

6

* Consider all matters which the Chairman of the Board deems worthy to be presented to it and which lie within the EEAA scope of competence.

* Determine which of its resolutions should be submitted to the Cabinet for a decision. In all cases, the Board of Directors shall be held to include with its resolutions, particularly those it decides to submit to the Cabinet, a study on the costs of implementing such resolutions and the expected results ensued.

Article (5)

The CEO of the Agency shall be responsible for implementing the general policy adopted to fulfill its objects and the resolutions of the Board of Directors. His responsibilities include:

- Exercising ministerial powers as prescribed in laws and regulations in respect of EEAA staff.

- Exercising ministerial powers as prescribed in various laws and regulations related to the management of the EEAA business, the running of its technical, financial and administrative affairs and the fulfillment of its objects.

- Exercising ministerial powers in the area of applying the provisions of Law No. 9 of 1983 promulgating the Law on Tenders and Auctions and its Executive Regulations.

- Developing the system of work in the EEAA, consolidating its departments and issuing the necessary resolutions to that end.

- Obtaining data and information related to the Agency objectives from various governmental and non-governmental bodies concerned both inside and outside the country.

- Ensuring the application of the provisions of the Environment Law and these Executive Regulations in agreement, coordination and cooperation with other legally competent establishments.

Article (6)

The EEAA shall have an organizational structure issued by a decision from its CEO with the approval of the Board of Directors and in agreement with the Central Agency for Organization and Administration and the Ministry of Finance.

7

Chapter III

The Environment Protection Fund

Article (7)

A special fund shall be established in the EEAA under the name "the Environment Protection Fund" to which shall devolve:

a. Amounts allocated in the state budget to subsidize the fund.

b. Grants and donations presented by national and foreign organizations for the purpose of protecting and promoting the environment and which are accepted by the Board of Directors of the EEAA.

c. Fines levied and damages awarded or agreed upon for any harm caused to the environment.

d. The financial resources of the Nature Reserves Fund provided for in Law 102 of 1983.

e. The EEAA share in the 25% of the proceeds of duties imposed on travel tickets issued in Egypt in Egyptian currency, pursuant to Article 1 of Law 5 of 1986 and to the Prime Minister’s Decree No. 697 of 1986, to a minimum of 12.5% of the total proceeds of the abovementioned duties.

f. The returns from experimental projects undertaken by the EEAA.

g. Amounts collected by the EEAA for services rendered to third parties.

h. Fees for licenses issued by the EEAA.

Amounts collected on a temporary basis on account of fines and compensation for damage caused to the environment shall be deposited in the Fund and held in trust.

The Fund shall have a special balance sheet and its fiscal year shall commence and end with that of the state. Any surplus shall be carried over from one year to the next. The money in the Fund is deemed to be public money.

Article (8)

8

The resources of the Fund shall be allocated to the fulfillment of its objects, in particular to:

* Confronting environmental disasters.

* Experimental and pioneering projects in the field of protecting natural wealth and the environment from pollution.

* Transfer of low cost technologies whose application has proved to be successful.

* Financing the manufacture of model equipment, machinery and plants for the treatment of environmental pollutants.

* Establishing and operating Environmental Monitoring Networks.

* Establishing and administering Nature Reserves in order to preserve natural wealth and resources.

* Confronting pollution from unknown sources.

* Financing the studies required to prepare environmental programmes, assessing environmental impact and determining the standards and criteria that must be observed in order to protect the environment.

* Participating in financing environmental protection projects undertaken by local administrative agencies and grass-roots organizations which are partly financed through popular participation.

* Projects to combat pollution.

* Disbursing bonuses for outstanding achievements in the area of protecting the environment.

* Consolidating the EEAA basic structure and developing its activities.

* Other objects aimed at protecting and developing the environment which are approved by the EEAA Board of Directors.

Chapter IV

Incentives

Article (9)

Within six months from the date these Executive Regulations come into force, the EEAA shall, in collaboration with the Ministry of Finance, lay down a system of incentives which the EEAA and competent administrative bodies may offer to agencies, establishments, individuals and others who undertake activities or projects that protect the environment, provided due consideration is given when laying down such system to the privileges and conditions prescribed in laws and

9

decrees, particularly to those related to investments, customs, industry, cooperatives and others.

PART ONE

PROTECTING LAND ENVIRONMENT FROM POLLUTION

Chapter I

Development and the Environment

Article (10)

The competent administrative body or the licensing authority shall assess the environmental impact of the establishment applying for a license in accordance with the elements, designs, specifications and conditions issued by the EEAA in agreement with the competent administrative body. The EEAA shall revise its assessment whenever necessary.

Article (11)

The provisions of Article (10) of these Executive Regulations shall apply to the establishments listed in Annex (2) of these Executive Regulations.

Article (12)

The applicant for a license shall be held to attach to the application a detailed description of the establishment containing the data included in the model form prepared by the EEAA in agreement with the competent administrative body. The EEAA shall prepare a register comprising copies of this model form and the assessment results, as well as the requests made by the EEAA to the owner of the establishment.

Article (13)

The EEAA may resort to any experts whose names are include