Law 24 Of 2010, The Protection Of National Emerging Industry Law

Original Language Title: القانون 24 لعام 2010 قانون حماية الصناعة الناشئة الوطنية

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4570&RID=-1&Last=10058&First=0&CurrentPage=6&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 24 of 2010

Protect national emerging industry law

President of the Republic based on the provisions of the Constitution

And approved by the People's Assembly in its meeting held on 07/03/1431 AH corresponding to 14/06/2010 AD

Issued the following:

First chapter

Definitions

Material (1)

Intended expressions below in the application of the provisions of this Act show the meanings set forth by each of them:

Law: Law to protect infant industries.

Ministry: The Ministry of Industry.

Minister: Minister of Industry.

Committee: The Committee to Protect emerging industries stipulated in this law.

Emerging industry: an industry that is in its early stages of growth, including knowledge-based industries.

National Producers: Local producers of the like product or who produce combined exceeds 25 percent of the domestic production of this product.

Similar product: the national product similar in all aspects of the product imported to the Syrian Arab Republic, or one similar to a large extent in the characteristics or uses of the absence of similarity.

Substance (2)

The aim of this law to the national emerging industry to protect in order to achieve investment climate encouraging for the existence and success of such industries in the country and enable it to compete in the years of the first takeoff for the purpose of granting the right opportunity to gain experience technical, administrative and marketing skills necessary to reduce production costs and then to enhance their competitiveness in front of a long experience industries and not inconsistent with the provisions of law No. (42) for the year 2006 to protect the private national production of harmful practices in international trade.
Chapter II


Material (3)

The conditions for obtaining protection for emerging industries in accordance with the following:

1- passage calendar year to start production.
2-
that the item be of high quality in accordance with the standards of the Syrian or according to international standards in the absence of standard specifications Syria.
3-
production capacity available to be sufficient for locally so do not lead when taking any actions in accordance with the provisions of this law to the unrest in the local market.
4-
be investing in high-efficiency industrial plants.

5. protection measures should not affect the interests of consumers.

Material (4)

Determines protect emerging industry procedures according to one of the following options:

1- imposing customs duties or increase tariffs applicable to imports of the like product to be protected for the product and not inconsistent with the obligations of the country for bilateral, regional and collective and multilateral conventions "private Maitalq Convention of the Greater Arab Free Trade Area and the partnership agreement the Foundation for a free trade area between the Syria and Turkey ", according to the provisions of the law and determine the rate of increase resolution of the Council of Ministers on the recommendation of the Minister and Finance Minister.

2- reduce tariffs on production inputs for the industry, according to the provisions of the law.

3- any other action allowed by agreement with the country economic agreements enhance the national product's ability to be a contender for similar imports.

Material (5)

Protection period must not exceed five years.

Material (6)


Industrial plants must benefit from the protection of the industry following procedures:

1- not to raise prices of their products for the right price rate.

2- allowed to related disciplines access to branches and to obtain the necessary information facilities.

3-commitment to high quality standards throughout the period of protection.
Chapter III


Material (7)

Form a committee called the "Committee for the protection of infant industries" decision of the Prime Minister and members include:
Prime minister


Deputy Minister of Industry and a member of Vice President

Industrial investment manager at the Ministry of Industry member

Director of Planning at the Ministry of Industry member

Director of Foreign Trade at the Ministry of Economy and Commerce member

Director of consumer protection at the Ministry of Economy and Commerce member

Head of the anti-dumping and support and prevention at the Ministry of Economy and Commerce member

Revenue manager at the Ministry of Finance member

Legislation director at the Directorate General of Customs member

Industry manager at the State Planning Commission member

Two representatives of the Federation of Syrian Chambers of Industry members

Head of the Consumer Protection Association member

A representative of the General Federation of Trade Unions member

A representative of the General Authority for competition and prevent monopoly member

Article (8)

Committee shall be as follows:

1-examine protection requests and issue recommendations including protection procedures and duration.

2- monitoring and implementation of the protection decisions in coordination with the relevant authorities and private control of price, quality and availability of protected products.

3- study the positive and negative effects resulting from the decisions of protection and propose recommendations.

4- recommendation to cancel the decisions of protection in the event of a breach of the owners of their duties set forth in Article protected industries (6).
Chapter IV


Material (9)

Entitled to national producers or their representatives applying in writing to the ministry, including data and documents the pro to take advantage of provisions of the law to protect their industry.

Material (10)

Refer the request to the ministry by the Committee to study it in order to verify the application of the required conditions are met to initiate the investigation in accordance with the following:

1-in the absence of interpolation Commission issued a decision rejecting the application, and then notify the ministry of the concerned decision within fourteen days from the date of the Commission's decision.

2- if necessary to the inquiry by the Committee to conduct the necessary investigation to satisfy the terms of the request and submit its recommendations to the Presidency of the Council of Ministers with the evidence and documents supporting within 60 days of the date of application.

Material (11)

The committee following actions:

1- to verify that the subject of the request of industry qualify for application of the law.

2- check my standard specifications Syrian window or international specifications match in the absence of standard specifications Syria through the Commission to refer the samples studied the industry for analysis and test products to laboratories certified and demand at the expense of the owners.

3- verification of increasing available production capacity for the center's annual import and three previous years by 10 percent.


4- verify that investment in high-efficiency industrial enterprises through access to financial analysis of the enterprises concerned in accordance with international accounting standards documented report of the legal auditor.

5-check that the impact of conservation measures on the consumer interest in contravention of the competition and antitrust rules.

Material (12)

The committee shall submit its recommendations to the Presidency of the Council of Ministers on the results of the study proposal for appropriate procedures to protect the emerging industry of the procedures established by law and stipulated in article (4)

Material (13)

The Presidency of the Council of Ministers studying the recommendations of the Committee have the right to accept or refuse, within a period not exceeding 90 days, according to the following:

1- rejection when it is justified to take protection measures are not convincing enough or be notified the applicant of the rejection decision by the ministry.

2- accepted or modified. Where it was decided the appropriate protective measures in accordance with the provisions of this law based on protectionist measures imposed by the required duration of which must be included in the recommendations submitted.

Material (14)

The Ministry shall notify the decision of the Council of Ministers to the applicant and published in two local newspapers.

Material (15)

Not entitled to the protection of the applicant had decided the Prime Minister's refusal to submit another request based on the reasons and circumstances contained in his application before the expiry of the first 180 days on the date of the decision.
Chapter V


Material (16)

The Committee shall monitor the implementation of the protection decisions in coordination with the relevant authorities and private control of price, quality and availability of protected products at least four times per year at a rate and submit its report with recommendations to the Presidency of the Council of Ministers at a time.

Material (17)

The Committee shall examine the positive and negative effects resulting from the decisions of protection once a year at least through the abundance and price and quality indicators and submit its report with recommendations to the Presidency of the Council of Ministers at a time.

Material (18)

Committee shall be entitled in the event of a breach of protected industries owners duties required of them in the obligations of Article (6) the recommendation to remove protection decisions.

Material (19)

The committee realized in the event of the demise of the unexplained reasons for the existence of protective measures to raise its recommendation to the Prime Minister's request to cancel protection imposed.

Material (20)

Decide the presidency of the Council of Ministers to accept or reject the Commission's proposal in the event of acceptance is a decision to cancel the protection measures, the ministry of student protection and it shall be published in two local newspapers.
Chapter VI


Material (21)
It
handles the industries that the government decided to restructure or rehabilitated and was in critical condition detrimental to the national economy or the possibility of damage by the treatment of emerging industries to benefit from the provisions of this law to be a decision of the minister to determine the industry.

Material (22)

Enjoy the information obtained by the Ministry and the Commission of confidentiality.

Material (23)

Let loose a student protection fee when submitting his application and fees shall be determined by a decision issued by the Prime Minister upon the recommendation of the Minister and Finance Minister.

Material (24)


(23) decision issued by the Minister in agreement with the Minister of Finance is determined fees referred to in Article Exchange is balance transfer fees paid by the account or rejected requests that a decision was made to protect the public treasury of the state at the end of each year installations.

Material (25)

Minister shall issue the necessary decisions to implement the provisions of this law.

Material (26)

Benefit from the provisions of this law, public, private and joint sector enterprises.

Material (27)

This law shall be published in the Official Gazette.

Damascus on 11/7/1431 AH corresponding to 06/22/2010 AD's.





President
Bashar al-Assad










President
Bashar al-Assad












Egyptian lawyer Nahel