Official Gazette - No. 33 Recur (B) on August 19, 2019

Law No. 149 of 2019

Issuing the Law Regulating the Practice of Civil Society Work

In the Name of the People

President of the Republic

The House of Representatives has decided the following law, and we hereby issue it:

(Article 1)

Subject to what is stipulated in the regulations of associations established by law or based on international agreements ratified by the Arab Republic of Egypt, and without prejudice to the provisions of Law No. 91 of 1971, Law No. 10 of 2009, and laws regulating non-banking financial activities, the provisions of the accompanying law regarding the regulation of civil society work shall apply.

All associations, civil institutions, regional and foreign non-governmental organizations, and unions operating in this field shall commit, in their statutes, activities, and organization, to respecting the provisions and principles of the Constitution, Egyptian laws, and international agreements ratified by Egypt.

Its provisions shall apply to associations, civil institutions, regional and foreign non-governmental organizations, and unions operating in this field, and the practice of civil society work in violation of the provisions of this law and the accompanying law is prohibited.

(Article 2)

All associations, civil institutions, unions, regional and foreign non-governmental organizations, and entities practicing civil society work according to the definition envisioned in the accompanying law shall regularize their status in accordance with its provisions within one year from the date of implementation of the executive regulations, otherwise the competent court shall order their dissolution, and their assets shall be transferred to the fund for supporting projects of associations and civil institutions envisioned in the accompanying law.

Regularization of status may be achieved by notifying the competent ministry of all data of the association, civil institution, union, organization, or entity, its activities, funding sources, programs, protocols, and memoranda of understanding, on the form prepared for this purpose, and by amending its statute to ensure compliance with the provisions of this law and the accompanying law.

In all cases, the regularization of status of associations, civil institutions, and entities whose inclusion on the terrorist entities lists has been ordered shall be reviewed throughout the duration of their listing, or those convicted of any terrorist crime, and their activities shall be supervised in accordance with the provisions of the accompanying law by another association designated by the competent ministry for associations and civil society affairs, with the assets of associations, civil institutions, and entities listed on the terrorist entities lists to be transferred to the fund for supporting projects of associations and civil institutions envisioned in the accompanying law in the event of a final conviction for any terrorist crime.

Any activity practiced in violation of the provisions of this article shall be enforced by law.

(Article 3)

The administrative authority shall periodically compile a list of entities whose status has not been regularized in accordance with the provisions of the accompanying law.

The minister competent for associations and civil society affairs shall form one or more committees from employees of the administrative authority and others, to include in their membership a representative of the governorate where the entity's headquarters is located within its jurisdiction, which shall be responsible for executing the dissolution and completing it after the issuance of a judicial ruling to that effect, and the issued decision shall determine its working system and the duration of its performance of these tasks.

(Article 4)

It is prohibited for any authority or entity to practice civil society work or any activity falling within the purposes of associations and other civil society institutions in the accompanying law without being subject to its provisions.

Entities that practice profitable activities other than civil society work and commence practicing civil society work or an activity falling within the purposes of associations shall regularize their status upon the implementation of the executive regulations of the accompanying law or upon being notified thereof by the competent ministry for associations and civil society affairs; otherwise, the competent ministry shall issue a decision to immediately suspend the violating activity and notify the authority that issued the original license or permit, or the entity in which it is domiciled or registered, citing the violations to exercise its authority to suspend the original license for practicing work outside the limits of the license or permit issued by it, and take legal procedures in accordance with the rules governing them promptly.

It is also prohibited for any authority other than the competent administrative authority according to the provisions of the accompanying law to permit or license, in any form and under any name, the practice of any civil work or activity falling within the purposes of civil society institutions, and such license shall be null and void from its issuance and shall not produce any effect.

The administrative authority shall have the right to inspect the premises of entities practicing civil society work independently without obtaining a license or permit, or an activity falling within the purposes of civil society institutions, and to suspend their activity by law, and their assets shall be transferred by a ruling of the competent administrative court to the fund for supporting projects of associations and civil institutions.

(Article 5)

If the authority issuing the license or permit for the entity's activity fails to grant the license or permit to this entity, the competent ministry for associations and civil society affairs may resort to the competent administrative court to issue a ruling dissolving this entity promptly.

(Article 6)

Without prejudice to the provisions of Law No. 8 of 2015 regarding the regulation of lists of terrorist entities and terrorists, the boards of directors of existing associations, civil institutions, and unions at the time of implementation of the accompanying law, and their executive and administrative bodies, shall continue to exercise their work until they are reconstituted in accordance with the provisions of this law and the accompanying law.

(Article 7)

The Prime Minister shall issue the executive regulations for the accompanying law within one month from the date of its implementation, and until these regulations are issued, the existing executive regulations and decisions shall continue to apply insofar as they do not conflict with the provisions of this law and the accompanying law.

(Article 8)

The law regulating the work of associations and other institutions working in the field of civil society work issued by Law No. 70 of 2017 is repealed, and every provision conflicting with the provisions of this law and the accompanying law is also repealed.

(Article 9)

This law shall be published in the Official Gazette, and shall take effect from the day following its publication.

This law shall be sealed with the State seal, and shall be executed as one of its laws.

Issued at the Presidency of the Republic on 18 Dhu al-Hijjah 1440 AH (Corresponding to August 19, 2019 AD)

Abdel Fattah El-Sisi

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Official Gazette - No. 33 Recur (B) on August 19, 2019

Law Regulating the Practice of Civil Society Work

Chapter One

Definitions

Article (1)

The following meanings shall apply to the words and phrases used in this law:

• 1 - Civil society work: Any work not aimed at profit, and directed at preparing society.
• 2 - Association: Any organized group aimed at contributing to preparing the individual and society and achieving its aspirations and organizing its capabilities to participate in public life and sustainable development without aiming for profit, established in accordance with this law, and composed of no less than ten natural or legal persons or both.
• 3 - Public Benefit Association: Any association aimed at achieving public benefit upon or after its establishment, with its activity directed at serving society and not limited to serving its members only, and a decision granting it the public benefit status shall be issued by the Prime Minister or his delegate.
• 4 - Civil Institution: A legal entity established by dedicating by one or more natural or legal persons or both, an amount of no less than twenty thousand Egyptian pounds at establishment to achieve one or more purposes of civil society work without targeting obtaining profit or any benefit.
• 5 - Foreign Non-Governmental Organization: A foreign legal entity not aimed at profit, whose main administrative center is in Egypt or abroad, authorized to practice one or more activities of associations and civil institutions subject to the provisions of this law and according to the rules stipulated therein.

Article (6) - Central Association

Any association for which a decision is issued by the competent minister or his delegate in accordance with this law, ensuring its statute provides for work at the national level, and establishing one or more branches in one or more governorates, and the executive regulations of this law shall determine the criteria for achieving central status.

Article (7) - Regional Union

A union established from no less than fifteen associations, or civil institutions or both, wherever their activity is at the governorate level, and shall have legal personality.

Article (8) - National Union

A union with legal personality established from no less than fifteen associations or civil institutions or both, that practice or manage similar activities at the national level.

Article (9) - General Union

The legal entity that includes the heads of the boards of directors of regional and national unions and is responsible for supporting and assisting civil society work, and its headquarters shall be the capital of the Arab Republic of Egypt.

Article (10) - Regional Organization

An existing Egyptian association or civil institution authorized to open branches in one or more countries for the purpose of practicing civil society work.

Article (11) - Civil Society Institutions

Entities that practice their activity directed at preparing society in one of the fields specified in their statute, and include associations, public benefit associations, civil institutions, unions, regional organizations, and foreign non-governmental organizations authorized to work in Egypt.

Article (12) - Entity

Any natural or legal person practicing civil society work in any form or under any name without adopting one of the legal forms mentioned in this law.

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Official Gazette - No. 33 Recur (B) on August 19, 2019

Article (13) - Voluntary Work

Any work or activity practiced by a volunteer of their free will to achieve public benefit without aiming to achieve profit.

Article (14) - Receiving Authorities

Government authorities that receive volunteers to achieve public benefit.

Article (15) - Competent Court

The administrative court whose administrative center is located within its jurisdiction.

Article (16) - Competent Minister

The minister competent for associations and civil society work.

Article (17) - Competent Ministry

The ministry competent for associations and civil society affairs.

Article (18) - Administrative Authority

The ministry competent for associations and civil society affairs, the fund for supporting projects of associations and civil institutions, the central unit for associations and civil society work, and its subordinate units.

Article (19) - Unit

The central unit for associations and civil society work.

Chapter Two

Associations

(Chapter One)

Establishment of Associations

Article (2)

The establishment of a civil association shall be based on a notice submitted to the administrative authority on the form determined by it, complete with all documents envisioned in the following articles, and it shall acquire legal personality upon the notice, and every natural or legal person shall have the right to join or withdraw from it in accordance with the provisions of this law.

A notice that does not comply with all required data and documents according to the form prepared for that purpose shall not be considered a notice producing legal effects.

Article (3)

It is a condition for establishing an association that it has a written statute conforming to the model statute determined by the executive regulations of this law, signed by all founders, and that it adopts a suitable headquarters in the Arab Republic of Egypt for managing its activity, with the executive regulations of this law determining the necessary controls for that.

In all cases, the statute of each association must ensure its commitment to respecting the Constitution and not violating national security, public order, and public morals.

Article (4)

It is a condition for a founding member of the association, or a member of the board of directors or board of trustees, as the case may be, to be entitled to his civil and political rights, and no final judgment has been issued against him for a felony or a penalty restricting freedom for a crime involving breach of honor and trust, unless his reputation has been restored, and that he is not on the terrorist lists.

Article (5)

Non-Egyptians with permanent or temporary legal residence in Egypt may participate in the membership of the association or its board of directors up to a percentage not exceeding (25%) of the number of members, and the executive regulations of this law shall specify the controls for the participation of foreigners in the membership of the association or its board of directors.

Article (6)

Subject to the condition of reciprocity, the competent minister may license any of the foreign communities in Egypt to establish an association concerned with the affairs of its members, in the manner regulated by the executive regulations of this law.