Prime Minister's Resolution No. 104 of 2021 Issuing the Executive Regulations for Law No. 149 of 2019 on Regulating Civil Work Practice

Prime Minister's Resolution No. 104 of 2021 dated 11/01/2021 regarding the issuance of the Executive Regulations for the Law on Regulating the Practice of Civil Work issued by Law No. 149 of 2019.

Article 1: Issuance Subject to the provisions regarding associations established by law or based on international agreements concluded by the Arab Republic of Egypt, the provisions of the attached Executive Regulations concerning the aforementioned Law on Regulating the Practice of Civil Work shall be implemented.

Article 2: Definitions In applying the provisions of these Regulations, the definitions contained in the aforementioned Law on Regulating the Practice of Civil Work shall have the same meaning intended. Furthermore, in applying the provisions of these Regulations, the following words and expressions shall have the meanings indicated beside each of them:

• The Law: The aforementioned Law on Regulating the Practice of Civil Work.
• The Fund: The Fund for Supporting Projects of Associations and Civil Institutions.
• Employee: Anyone who holds a position in the approved job schedule for the unit through appointment, contract, transfer, secondment, loan, or promotion.
• Leadership Positions: The Head of the Unit and General Directors within the Unit.
• Sub-units: Sub-units subordinate to the Unit.

Article 3: Repeal The Executive Regulations for the Law on Associations and Civil Institutions issued by the Minister of Social Insurance and Social Affairs Resolution No. 178 of 2002, referred to above, are hereby repealed, as is every provision that contradicts the provisions of the attached Regulations.

Article 4: Publication This Resolution shall be published in the Official Gazette and shall be implemented from the day following its publication date.

Issued at the Prime Minister's Office on 27 Jumada al-Awwal 1442 AH (Matching January 11, 2021 AD).

Prime Minister Dr. Mustafa Kamil Madbouly

Article 5 The Unit and its sub-units are committed to enumerating civil society institutions registered with them that have not submitted a notice to regularize their status in accordance with the provisions of the Law and these Regulations, at the central level or at the level of each governorate, depending on the circumstances.

Article 6 All state entities are committed to notifying the competent Unit and sub-units of licensed entities that practice civil work, regardless of their legal form or name.

Article 7 The Unit and its sub-units are committed to enumerating unregistered entities that have not submitted a notice to regularize their status in accordance with the provisions of the Law and these Regulations, or have not done so, at the level of each governorate, after obtaining the opinion of concerned authorities. They are also committed to maintaining a paper and an electronic enumeration register in the prescribed format, containing details of all the aforementioned entities, and noting any measures taken by the Unit and its sub-units or these entities to regularize their status.

Article 8 The status of associations, civil institutions, and unions registered with the Unit and its sub-units at the time the Law came into force, or registered after its implementation but before the implementation of these Regulations, shall be regularized by taking the following steps:

1. The board of directors of the association or union, or the board of trustees of the civil institution, as applicable, shall review its basic statute and prepare a draft to amend its provisions in accordance with the Law and these Regulations, while observing the attached Basic Statute Guidelines.
2. Regarding associations and unions, the board of directors shall convene an extraordinary general assembly to consider amending the basic statute. The basic statute, as amended by the general assembly and approved by the competent Unit or sub-unit, shall be the basic statute of the association or union. Regarding civil institutions, the amendment of their basic statute shall be done by their founder or the person entitled to amend it according to their establishment deed.
3. The board of directors of the association or union, or the board of trustees of the civil institution, as applicable, shall notify the competent Unit or sub-unit of the amendment to the basic statute using the prescribed form, accompanied by the following documents in both paper and electronic formats: a) Minutes of the board of directors meeting of the association or union where the draft amendment to the basic statute was proposed in the form presented to the extraordinary general assembly, or the amendment made by the founder of the civil institution or the person entitled to amend it according to their establishment deed. b) Minutes of the extraordinary general assembly meeting where the draft amendment to the basic statute was approved, indicating the articles that were amended. c) Minutes of the meeting of the founders of the civil institution or its board of trustees where the draft amendment to the basic statute was proposed. d) Two copies of the basic statute after amendment.

Article 9 The regularization of the status of specialized unions registered at the governorate level shall be achieved by merging them into the specialized union established in accordance with the Law and these Regulations, through notifying the Unit using the prescribed form. The aforementioned specialized union may form an office at the governorate level to practice its activities. The formation of the office shall be by a decision of the union's board of directors, specifying the names of the office members, their competencies, and the address of the headquarters. The union's board of directors is committed to notifying the Unit of these details.

Article 10 The Unit and its sub-units, as applicable, shall endorse the regularization of status in the margin of the registration record of the association, union, or civil institution, after obtaining the opinion of concerned authorities. The notification shall not produce legal effects unless it complies with all required data and documents in accordance with the provisions of the Law and these Regulations.

Article 11 The regularization of the status of foreign non-governmental organizations and entities shall be based on a notice submitted by the organization or entity to the Unit using the prescribed form, accompanied by the following documents:

1. The documents stipulated in Article 108 of these Regulations.
2. A certified copy of the organization's or entity's work permit in the country, or the license granted to it to work in Egypt as a branch of a foreign organization.
3. Basic data of the employees (foreigners, Egyptians, dual nationals) in the organization's or entity's branch in Egypt: a) Full name, and a copy of the national ID card or passport. b) Nationalities held, including the nationality of residence in the country. c) Place of residence in Egypt, and their real estate or investment properties in Egypt, if any, for non-Egyptians. d) The position held within the organization or entity (whether permanent, temporary, volunteer, or expert), and the license granted to foreigners by official authorities to work in the organization or entity. e) Any other positions held in Egypt other than their work in the organization or entity. f) Date of employment with the parent organization and its branch in Egypt. g) Criminal record certificate for Egyptian employees in the organization or entity. h) A declaration from the legal representative that none of the employees in the organization's or entity's branch in Egypt are listed on terrorist lists.
4. A certified copy of cooperation agreements, regardless of their name, into which the organization or entity has entered with any entity within Egypt, along with a brief report on the results of each.
5. Adequate sources of funding for the organization or entity and bank account numbers in Egypt.
6. Real estate, movable property, and other assets owned or possessed by the organization or entity within Egypt.
7. Activities, programs, and events conducted or to be conducted by the organization or entity within Egypt.
8. The internal regulations governing the work of the organization or entity operating in Egypt.

Article 12 The regularization of the status of unregistered Egyptian entities with the Unit or any of its sub-units shall be by a notice addressed to the competent Unit or sub-unit, as applicable, to establish an association or civil institution using the prescribed form, accompanied by the following documents:

1. Establishment documents stipulated in the Law and these Regulations.
2. A statement of the entity's activities, funding sources, programs, protocols, memorandums of understanding, and other forms of cooperation, regardless of their name, according to the prescribed format.
3. The establishment documents file in both paper and electronic formats.

Article 13 For legal persons, the legal representative of the entity, according to the legal system under which it was established, is committed to implementing the provisions of the Law and these Regulations.

Article 14 If entities do not regularize their status in accordance with the provisions of the Law and these Regulations, the authority that issued the license or permit for the entity's activity must cancel the issued license or permit. If not, the Ministry concerned with associations and civil work affairs may resort to the competent Administrative Court to issue a ruling to dissolve the entity promptly.

Article 15 The establishment of an association shall be by a notice submitted by the representative of the group of founders to the competent Unit or sub-unit, as applicable, using the prescribed form, complying with all documents. The notification shall not produce legal effects unless it complies with all the following data and documents:

1. The documents specified in Article 8 of the Law.
2. Proof of payment of a fee of two thousand pounds for registering the association's statute in the special register, the proceeds of which shall go to the Fund.
3. Proof of legal residence for non-Egyptians.
4. The code of professional conduct for employees in the association.

Article 16 The establishment of the association requires adopting a suitable headquarters for managing its activities in Egypt. The headquarters is considered suitable if:

1. It has an appropriate entrance allowing entry without obstruction.
2. The headquarters is not dedicated to practicing any other activities other than civil work activities subject to the provisions of the Law and these Regulations.
3. At least one room is dedicated as a headquarters for managing the association in case there are other approved civil activities practiced within the same headquarters used for managing the association.

Article 17 Non-Egyptians with permanent or temporary legal residence in Egypt may join the membership or board of directors of the association, provided their number does not exceed 25% of the total number of members. The approval of the competent Unit or sub-unit, as applicable, shall be issued within sixty days from the date of receiving the request, after reviewing the names and data of these foreigners with concerned authorities, observing the founding membership conditions stipulated in the Law and these Regulations. Their membership shall end upon the expiration of their legal residence period.

Article 18 Subject to the condition of reciprocity, the competent Minister, after obtaining the approval of the Ministry of Foreign Affairs and concerned authorities, may license any of the foreign communities in Egypt to establish one association for each community concerned with the affairs of its members, provided that at least fifty members apply for registration, observing the other conditions and procedures stipulated in the Law and these Regulations regarding the registration of associations and their work system.

Article 19 The founders are responsible for the expenses required for the establishment of the association and any obligations arising therefrom. If the association's basic statute is registered, they may recover the expenses approved by the general assembly after being endorsed by the board of directors.

Article 20 A database shall be established at the headquarters of the Ministry concerned, in coordination and cooperation with concerned authorities, in which all civil society institutions subject to the provisions of the Law, their activities, programs, funding sources, and other necessary matters shall be registered. Each civil society institution shall have a unique number at the republic level identifying it in that database, containing the following data:

1. Names of civil society institutions subject to the provisions of the Law.
2. A statement of the members of the general assembly of the association and its board of directors, or the founders of the civil institution and its board of trustees, as applicable.
3. Their fields of work, main and sub-activities, existing programs, funding sources, geographical scope, and administrative center.
4. The basic statute.
5. Internal regulations.
6. The annual budget.
7. A statement of employees and their positions.
8. A statement of beneficiaries of civil society institution services.
9. A list of volunteers in civil society institutions.
10. Protocols of cooperation for foreign non-governmental organizations and memorandums of understanding and other forms of cooperation, regardless of their name.
11. Any other data issued by a decision of the competent Minister. The competent Minister shall issue a decision determining the method of securing the database, rules for maintaining the confidentiality of data, information, and employees dealing with this database, those entitled to access it, and the entities with which the database is linked.

Article 21 The procedures for amending the basic statute of the association shall follow those for its establishment according to the provisions stipulated in the Law and these Regulations.

Article 22 Any interested party has the right to inspect the summary of the association's statute registration and obtain a certified copy from the Unit or competent sub-unit, as applicable, according to the following procedures:

1. The interested party submits a written request to the competent Unit or sub-unit, indicating the reason for inspection and endorsing it to enable the applicant to inspect, after paying a fee of 50 pounds, the proceeds of which shall go to the Fund.
2. The competent Unit or sub-unit, as applicable, shall enable the applicant to inspect the summary of the statute registration immediately upon submitting the request.
3. If the applicant wishes to obtain a certified copy of the summary of the statute registration, they are committed to paying a fee of two hundred pounds, increasing annually by 10%, not exceeding 500 pounds, the proceeds of which shall go to the Fund. The competent Unit or sub-unit, as applicable, is committed to delivering the certified copy of the mentioned registration summary to the applicant on the next day at the latest from the date of submitting the request.

Article 23 Natural or legal persons, Egyptian or both, may launch or implement an initiative or campaign to carry out a specific activity of the civil work activities authorized for associations to implement, pursuant to a license issued by the Head of the Unit after obtaining the approval of concerned authorities within sixty working days from the date of submitting the license request to the Unit using the prescribed form, accompanied by the following documents:

1. Name and data of the license applicant: a) Natural person: (Name - National ID - Job or Profession - Place of Residence - Criminal Record Certificate - Declaration of non-listing on terrorist lists). b) Legal person:
   • Name of the legal person and address of its main headquarters.
   • The legal license under which it operates.
   • Data of the legal representative of the legal person and members of its board of directors (Name - National ID - Nationality - Job or Profession - Place of Residence - Criminal Record Certificate - Declaration of non-listing on terrorist lists).
   • Declaration of non-listing of the legal person on terrorist entity lists.
   • Official website (if available).
2. The person responsible for the initiative or campaign, or the legal representative of either, as applicable.
3. Description of the initiative or planned activity and its objective, which must align with the objectives and activities authorized for the work of associations.
4. Amount and sources of funding.
5. Geographical scope for implementing the initiative or campaign.
6. Identification of target groups.
7. The means by which the initiative or campaign will be advertised.
8. A proposal for the project contract, cooperation protocol, or agreement to be signed by partner entities in the initiative or campaign (if available).
9. The implementation plan for the initiative or campaign.
10. Identification of the entity to which the remaining funds shall go after the end or cancellation of the initiative or campaign, which must be from entities subject to the provisions of the Law and these Regulations, and its purposes must align with the purposes of the initiative or campaign. In case no other entity is specified in the license issued for the initiative or campaign, or if transfer to the entity mentioned in the license is impossible, the mentioned funds shall go to the Fund, after the approval of its board of directors. In all cases, the implementation period shall not exceed one calendar year, renewable after the approval of the Unit.

Article 24 The Unit shall issue a letter addressed to one of the banks subject to the supervision of the Central Bank of Egypt in the name of the initiative or campaign. Spending from these funds is prohibited except for their purposes, and receiving any funds related to them shall be through this account.

Article 25 The person responsible for the initiative or campaign, or the legal representative of either, as applicable, is committed to providing the Unit with all supporting documents for the implementation of the initiative or campaign, its funding sources, and the uses of this funding, supported by documents and bank account statements monthly.

Article 26 In all cases, no activity may be advertised or practiced except after obtaining a license to implement the initiative or campaign from the Head of the Unit, and the concerned authority if the activity requires a license from another authority.

Article 27 The Unit may cancel the initiative or campaign in case of violation of the issued license by either party, after obtaining the approval of the competent Minister, following a warning to the person responsible or its legal representative, as applicable, by registered mail with acknowledgment of receipt, detailing the violations and the failure to rectify these violations by those in charge of the initiative or campaign within the period determined by the Unit.

Article 28 The association, after acquiring legal personality, may carry out any activity that leads to achieving the objectives stipulated in its basic statute, other than others, while observing the state's development plans and societal needs.

Article 29 Without prejudice to the prohibitions stipulated in Article 15 of the Law, associations may submit a request to the competent Unit or sub-unit, as applicable, using the prescribed form, to practice any activities in border areas identified by a decision of the Prime Minister, provided the request complies with the following data and documents: a) The activity to be practiced and its objective. b) The duration of implementing the activity. c) The headquarters of the activity. d) Criminal record certificates of those implementing the activity. e) Sources and value of funding allocated to the activity. f) Partner entities (if available). The Head of the Unit shall issue the license after obtaining the opinion of the competent Governor and the approval of concerned authorities within sixty working days from the date of submitting the request, complying with the mentioned data and documents. The license shall include the authorized activity, the duration of practicing the activity, the value of funding and its sources, and partner entities (if available).

Article 30 The association is prohibited from advertising or practicing any of the activities stipulated in its basic statute if they require a license from any authority, before obtaining the license from the concerned authority issuing it. It is also prohibited for the association to allow others to practice any of these activities or advertise them in its headquarters or in a place subordinate to it, except after obtaining a license to practice the activity from the concerned authority issuing it.

Article 31 Each member of the association has the right to withdraw from membership at any time, provided they notify the board of directors of the association by registered mail with acknowledgment of receipt or by any other means stipulated in the association's basic statute. The withdrawing member may retract the withdrawal decision by the same procedures within fifteen working days from the date of notifying the association of the withdrawal; otherwise, they shall be considered withdrawn from the date of the withdrawal notification. The association is committed to taking the necessary procedures to strike their name from the membership records and notify the competent Unit or sub-unit, as applicable, thereof. This does not affect the association's right to claim any amounts due from them, regardless of their nature, by registered mail with acknowledgment of receipt, specifying the nature of these amounts, their value, and the mechanism for payment. In case of non-payment, the association shall take the procedures prescribed by law to compel the withdrawing member to pay its dues.

Article 32 The association may join, affiliate, participate, or cooperate in any form with a local association, body, or organization in practicing a civil activity that does not conflict with its objectives, after obtaining the approval of the board of directors and notifying the competent Unit or sub-unit, as applicable, using the prescribed form, including the following data:

1. Name of the local association, body, or organization to be joined or affiliated, and a statement of its main and sub-activities.
2. Headquarters of the local association, body, or organization.
3. The main activity or objective of the association seeking to join.
4. The activity in which the association will join, affiliate, participate, or cooperate, and the extent to which this activity is linked to the activities of the other association, body, or local organization.
5. A statement of the relationship with the members of the board of directors of the association, body, or local organization. The conditions for joining, affiliating, participating, or cooperating with the local entity are as follows:
6. There must be a tangible positive return from joining, affiliating, participating, or cooperating.
7. The local entity must have prior experience in the field of work of the association.
8. The local entity must practice its activities legally.

Article 33 The association wishing to join, affiliate, participate, or cooperate with a foreign association, body, or organization to practice a civil activity that does not conflict with its objectives, after obtaining the approval of its general assembly, may submit a request to the Unit using the prescribed form, accompanied by the following data and documents:

1. The basic statute of the association seeking to join.
2. A budget approved by a certified public accountant for the last financial year of the association.
3. Justifications for joining, affiliating, or participating, as applicable, with a statement of the financial obligations resulting therefrom.
4. The activity in which the association will join, affiliate, or participate, and its relation to its activities.
5. A statement of the organization, body, or association to be joined or affiliated, including: a) Main and sub-activities. b) The headquarters where the activity will be practiced. c) Its legal license in its country. d) Data of the board of directors members (Name - Nationalities held by each). e) Its official website (if available). The conditions for joining, affiliating, participating, or dealing with the foreign entity are as follows:
6. It must not practice activities that threaten Egyptian national security.
7. It must not be listed as a terrorist entity at the international or local level.
8. There must be a tangible positive return from joining, affiliating, participating, or dealing.
9. The foreign entity must have prior experience in the field of work of the association.
10. The foreign entity must practice its activities legally. The license for the association shall be issued by the Head of the Unit after obtaining the approval of the competent Minister and concerned authorities, within sixty days from the date of submitting the request, or within ten working days from the date of the association submitting proof that the association, body, or foreign organization previously obtained the approval of the Ministry of Foreign Affairs for the same project, based on a report from the Unit or its sub-unit, as applicable, containing the soundness of its financial and administrative status. In all cases, the association shall not take any measure to join, affiliate, participate, or cooperate in practicing an activity with a foreign organization except after obtaining the license.

Article 34 Associations registered in accordance with the provisions of the Law may open branches for them outside Egypt, provided they submit a request to the Unit including the following data and documents:

1. Decision of registration of the association or civil institution.
2. The basic statute.
3. A budget approved by a certified public accountant for the last financial year.
4. A statement of the activities to be practiced abroad, which must align with the activities stipulated in its basic statute.
5. A statement of the budget allocated from the main center to the association's branch abroad.
6. Data of the association's representatives responsible for practicing the activity abroad.
7. Any other data requested by the Unit. In all cases, the association shall not open the mentioned branch before obtaining a license from the competent Minister based on a report from the Unit or its sub-unit, as applicable, containing the soundness of its financial and administrative status, and after obtaining the approval of concerned authorities. The Unit must be provided with the legal document for its work abroad in accordance with the law of the country in which the branch was established, within sixty days from the date of starting its activity, certified by the Egyptian Ministry of Foreign Affairs. The Unit shall notify the Ministry of Foreign Affairs to inform the Egyptian embassy or its representative in the concerned country.

Article 35 The provisions regarding foreign non-governmental organizations contained in the Law and these Regulations shall apply to the association's branch opened abroad, and it shall be committed to their provisions.

Article 36 Associations wishing to allocate places for the accommodation of children, the elderly, patients with chronic diseases, and other needy persons requiring social care, or persons with disabilities, may submit a request to the authority concerned with the accommodation activity using the prescribed form, complying with the following data and documents:

1. Type of institution or home, its purpose, the categories and ages it serves, and its geographical scope of work.
2. Internal regulations of the institution or home.
3. Proof of the soundness of the financial status of the association or civil institution to practice the activity.
4. A certificate from the competent Unit or sub-unit, as applicable, stating that the institution or home falls within the activity and fields of work of the association stipulated in its basic statute.
5. Names of the members of the board of directors of the institution or home or the committee supervising the home and its employees, provided they comply with the following data and documents regarding them (Name - National ID - Nationality - Job or Profession - Place of Residence - Criminal Record Certificate - Declaration of non-listing on terrorist lists).
6. Compliance with the conditions, documents, and other procedures issued by a decision of the Minister concerned with each activity separately. The authority concerned with the accommodation activity shall issue the license within sixty days from the date the association submits the license request, based on the report of the competent Unit or sub-unit, as applicable, indicating the absence of financial, administrative, or technical violations in the association. The association is committed to opening a separate bank account for the licensed activity at one of the banks subject to the supervision of the Central Bank of Egypt.

Article 37 The authority concerned with the accommodation activity may cancel the license issued by it according to the second paragraph of the previous article in any of the following cases:

1. Violation of license conditions.
2. Violation of laws and regulations governing the work of the institution or homes.
3. Proof of mistreatment of the home's residents.
4. Inability to manage the home financially or administratively. It may also, after obtaining the opinion of concerned authorities, refer to the competent Minister to appoint a temporary committee to manage the activity, consisting of specialists and interested parties from the members of the general assembly or others, not less than three and not more than seven, according to the size of the activity, provided that at least one-third of the committee members have experience in this activity, for a period not exceeding six months, renewable for one period. In this case, they must endorse the signature of the committee chairman and one of its members to deal with the separate sub-account for the activity.

Article 38 The board of directors of the association shall, within the association's capabilities, raise the funds necessary for managing the activity in case the resources allocated in the special account for the activity managed by the committee are insufficient. Financial support necessary to manage the activity and ensure its continuity may also be provided through the Fund upon request by the activity management committee and approval of the Fund's board of directors, in case there are no sufficient financial resources at the association.

Article 39 The committee, upon the expiration of its term, shall submit a report to the authority concerned with the accommodation activity regarding what has been accomplished and the possibility of continuing the activity or canceling the license. The chairman and members of the committee shall be financially, administratively, and technically responsible for the activity during their term.

Article 40 Subject to the provisions of the third and fourth paragraphs of Article 10 of the Law, the association is committed to opening a bank account at one of the banks subject to the supervision of the Central Bank, and the association may have several accounts for its activities at the same bank. It is also committed that spending on its objectives or receiving any funds related to them shall be through these accounts and no others. If the total of the association's annual revenues or annual expenses exceeds five million pounds according to the latest approved budget, it has the right to open other accounts at other banks after obtaining the approval of the competent Unit or sub-unit, as applicable.

Article 41 Founders and members of civil work institutions are prohibited from using any bank accounts other than those subject to the supervision of the competent Unit and sub-unit to accept revenues...