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Act 2 Of The 2009 Creation Of Institutions, Agencies And Tourist Offices And Tourist Investment Workplace Law

Original Language Title: القانون 2 لعام 2009 قانون إحداث المؤسسات والوكالات والمكاتب السياحية واستثمار مواقع العمل السياحي

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Law No. 2 of 2009 Law on the Creation of Institutions, Agencies, Tourist Offices and Investment of Tourist Sites


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Act No. 2 of 2009
Date-birth: 2009-01-11 History-Hjri: 1430-01-14
Published as: 2009-01-11
Section: A law.

Information on this Act:
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Law No. 2 of 2009
On the Investment of Tourist Work Sites and the Organization of Cruises

President
Based on the Constitution

and as adopted by the People's Assembly at its meeting held on 3 January 1430 A.H., on 31 December 2008.

The following are issued:

Section I
Definitions

Article 1

The following expressions shall mean in the application of this Law what is stated next to each of them:
Ministry of Tourism
Minister: Minister of Tourism
Union: Syrian Tourism Chambers Federation.
Chamber: Chamber of Tourism.
Tourist work site: The licensed place is a tourist in which work is exercised through (an institution, agency, office or company) according to the following:
a. The Tourism Tourist Organization is the location of the tourist work, which organizes and implements tourist trips to and from Syria for the benefit of and for others.
Travel agencies: The tourist work site, which issues travel cards and selling tourism programs to the organization of tourist tours, boarding tourism offices and the sale of Haj and Umrah programs for the benefit of Umrah offices.
J-Umrah: It is the tourist work site that organizes pilgrimage and Umrah trips to the territory of Saudi Arabia.
The Office of Internal Tourism is the tourist work site that organizes and implements tourist trips inside Syria for the benefit of or for the benefit of the Syrian tour organizations.
(e) Tourism Activities, Media, Promotion and Tourism Marketing Agency: The tourist work site, which is based on all activities, promotions and media of a tourist nature.
The Tourist Services Bureau is the tourist work site, which is on a mediation mission to secure all services of a tourist nature to the tourist or resident.
Category: The classification of the tourist worksite by one of the location types described in this article.
The Company is the tourist company that permits the opening of tourist work sites (whether companies or companies of funds stipulated in the laws regulating them), and acts as one or some of the tourist work sites contained in this law.
The tourist branch is a branch of the tourist work site in any of the Syrian cities or in the same city where the main site is licensed to link its budget and work and promote it to the original site and to be licensed for tourism.
Tourist incubators: centers for the development of tourist and up-to-date business in the tourism rooms or the Union where they are equipped and guaranteed by them to run graduates of distinguished tourist educational sites with a view to qualifying them for a temporary period in organizing and implementing tourist programs for tourists in and out of the country. The promotion, marketing, media and tourist activation, supervised by the Chamber, would have a financial impact that would benefit the Fund of the Chamber and the member operators of the graduates.
The dormitory facility is the tourist facility equipped with amenities and intended for home and other tourism services depending on the level of classification and location of the facility, determined by the regulations adopted by the Ministry of Tourism.
Tourist night: The night that the next tourist will spend from abroad at a qualifying tourist facility.
Tourist license is the tourist license granted to a natural or legal person by doing business in one of the tourist sites, and cannot be waived for others only after the ministry's approval.

Part two.
Tourist work sites
The organizations of tour operators, travel agencies, activities, information, promotion, tourist marketing, Umrah offices, internal tourism or tourism services.

Article 2

a. Any of the tourist work sites defined in the first article of this Law may be invested only after obtaining the tourist license from the Ministry.
b. The tourist sites listed in this section shall exercise the work listed within their competence according to their respective positions.

Chapter I
Tourism organization

Article 3

The organizations of tour operators exercise the following business:
1. Develop tourism programmes and offer them to foreign exporting companies at appropriate prices and ensure their implementation in the best form.
2. Contract agreements with foreign exporting companies and comply with the implementation of signed contracts.
3. To attract tourists and facilitate their entry into the Syrian Arab Republic and to implement their tourism programmes in and out of Syria as agreed, including accommodation, feeding, transportation, visiting archaeological and tourist sites and the practice of tourist activities.
4. To contribute to the activation of domestic tourism and the presentation and implementation of tourism programmes within this framework, for their benefit or for others.
b. Organization and implementation of individual and collective flights of Syrians inside or outside Syria and the provision of services for their participants, as agreed upon in the tourist contract signed by the parties.
5. Sell or swap tickets and secure the transportation of tourists and their luggage and reserve the necessary seats for them in various modes of transport.
6. Reservation of accommodation and catering for tourists to various tourist facilities.
7. To carry out insurance operations for tourists to insurance companies registered in Syria in cases that warrant this.
8. Securing entry cards for tourists to museums, archaeological sites, visiting places and recreational facilities.
9. Assistance in securing and extending the residence of tourists to the competent authorities when necessary.
10. To ensure necessary health care for tourists when necessary.
11. Ensure that tourists comply with laws in force in Syria when entering them on a collective or individual visa at the request of the institution, ensuring their escort and securing their return as individuals or groups to their country.
12. Securing tourism to accompany tourists to individuals or groups wherever they are directed to provide the necessary explanations.
13. To promote the marketing of tourism programmes abroad and to offer promotional offers for tourism in Syria in coordination with the Ministry.
14. Participation in the work and organization of conferences, symposiums, exhibitions and tourist festivals under the Ministry's supervision.
15. To contribute to the tourism promotion of Syria at the Arab and international levels in coordination with the Ministry and participation in four international tourism fairs annually, as a minimum, depending on the markets in which they are interested.
16. To contribute to the promotional activities carried out by the Ministry and its bodies.
17. The practice of any activity of a tourist nature approved by the Ministry.

Chapter II
Umrah Offices

Article 4

The following offices shall exercise the following business:
1. Develop and publicize the Hajj and Umrah programmes at appropriate prices and ensure their implementation in the best form.
2. Contract agreements with companies competent for Hajj and Umrah in the Kingdom of Saudi Arabia and the obligation to implement signed contracts.
3. Organization and implementation of Haj and Umrah trips to the Holy Home as agreed in the organized contract between the Office and the Baptir and to ensure the services of accommodation, catering and visits to the holy sites.
4-Securing a religious guide approved by the Ministry of Wakfs, accompanied by pilgrims.
5. To sell or swap tickets for pilgrims and baptiers and to secure their transportation and luggage and reserve the necessary seats for them in various modes of transport.
6. Reservation of accommodation and feeding for pilgrims and baptiers with tourist facilities in the territory of Saudi Arabia.
7. To contribute to the activities of the Ministry and its bodies.

Chapter III
Travel agencies

Article 5

Travel agencies exercise the following business:
1. Sales or turnover of tickets on various air, land and sea transport modes.
2. To sell foreign and domestic tourism programs to Syrians and residents in Syria for the benefit of the Syrian tour operators and the internal tourism offices.
3. To sell tour programs abroad to Syrians and residents in Syria for the benefit of the travel organization institutions.
4. To sell Hajj and Umrah programs to Syrians and residents in Syria for the benefit of Umrah offices.
5. To secure the shipment of goods and luggage to passengers and to follow up on their arrival to their destinations.
6. Representation of Syrian, Arab and international air transport agencies in Syria.
7. To contribute to the activities of the Ministry and its bodies.

Chapter IV
Internal tourism offices

Article 6

The internal tourism offices practise the following actions:
a. Domestic tourism programmes for which they are implemented to accompany a licensed tourism guide and provide guarantees of good implementation by them, as follows:
1. To announce the organization of daily or half daily domestic tour programmes and to implement them directly.
2. Organization and implementation of domestic tourism programs sold to Syrian citizens by them.
b. Internal tourism programmes implemented for the benefit of others, accompanied by a licensed tourist guide and the provision of guarantees for good implementation by the operator of the tourism programmes in favour of them, as follows:
1. To organize and carry out daily or half daily boarding tours for tourists within the city or for specific locations for the benefit of the tour organization, which is required to do so.
2. Organization and implementation of domestic tourism programmes sold to tourist groups recruited from abroad by tourist group establishments.
3. Organization and implementation of the internal tourism programmes of educational bodies, organizations of their kind and public and private public bodies.

Chapter V
Tourism, media, promotional and tourism marketing agencies

Article 7

Tourism, media, promotional and marketing agencies practise the following business and in coordination with the Ministry:
1. Designing and implementing performances of historical life in archaeological sites in coordination with the Ministry of Culture and the establishment of sound and light shows, festivals, activities and tourist exhibitions.
2. To carry out advertising and marketing campaigns in favour of one of the tourist work sites, including the preparation of promotional publications and tourist information materials.
3. To carry out information and advertising campaigns for exhibitions and Syrian tourist weeks at home and abroad.
4. To contribute to the implementation of tourism agreements signed with other countries and to promote domestic and foreign tourism activities.

Article 8

The Ministry of Activities, Information, Promotion and Tourism Marketing will provide the Ministry with its annual plan and commitment to implement it during the year to coordinate the various activities of the Ministry and contribute to the implementation of the Ministry's approved plans and programmes.

Chapter VI
Tourist service desks

Article 9

The tourist service offices shall exercise the following actions:
1. To carry out all required services for tourists via licensed or direct tourist work sites.
2. Rental of furnished apartments, camps or chalet for tourist and tourist rental.
3. The sale of dedicated units in hotel facilities licensed by the Ministry of Tourism to a time-sharing system externally and internally through the organization of contracts between the facility and the beneficiaries.
4. Reservation to its customers by means of land transport within the country and in the event of reservation by air or sea transport, it must be carried out through the mediation of a travel agency or a travel agency.
5. Reservation to its customers by e-mail or by any means of booking in hotels, restaurants and all activities.
6. The work of the Office is limited to the specific target.

Chapter VII
Commitments

Article 10

1. A licensed tourist site-whether natural or legal person-is responsible to the director of the website for all violations of the provisions of this Law and its implementing regulations:
2. The tourist work sites shall be based on their competence and functions as follows:
a. Preparation of promotional publications, brochures and computer discs in accordance with their competence and subject to approval by the Ministry prior to printing.
b. To establish websites with which the Ministry must obtain the approval of the Ministry for its content.
c. Implementation of the required implementation of the tourism agreements signed with other States within the Ministry's approved plans and programmes;
3. The work and special services provided for in articles (3.4.5-6-9) of this Law shall not be permitted by non-tourist sites authorized in accordance with this Act as far as it belongs to them.
4.a. Tourist organization institutions must abide by the organization of the tourist contract for tourists departing from abroad and make a copy of it to the Ministry.
b. The offices of the Umrah shall be bound to organize the contract for the provision of services for the needs or services of the service and to make a copy of it to the Ministry.
5. The functions of items (1-2.3.4.6) of article 4 above for the performance of the hajj are to be maintained exclusively by the Commission's High Commission.
6. Maritime, land and air transport agencies or Arab and foreign transport companies authorized in Syria may carry out the following actions:
a. The work and services provided for in Article 5. Paragraphs 1.5 above for travellers on their lines.
(b) The individual or group booking of passengers on their lines in boarding facilities without the organization of tourist programmes without obtaining the required licence in this law.
In the case of the exercise of reservation by tourist groups and the implementation of tourist programmes, the licensed tourist tour institutions must have assets in accordance with this law.

Section III
Chapter I
License Conditions

Article 11

The license application for any tourist work site, whether by an institution, agency or office from the sites defined in article 1 of this Law, shall be submitted to the Ministry of Tourism or its directorates in other governorates by the natural or legal person who has the authorization and the authorization is attached to documents and documents. which are set out in the executive instructions of this law and are licensed by decision of the minister.
I. In the event that the licence student is a natural person, follow the following procedures:
a. The applicant shall be subject to the following conditions:
1. To be a Syrian Arab or a person in his rule and a resident of Syria.
2. Do not be convicted of a felony or misdemeanor offence.
b. To be in compliance with the requirements set out in the executive instructions of this Act.
c. In the event that the licence student has several people, a partnership contract should be organized according to what is set out in paragraph II below.
II. In the event that the licence student is a legal person following the following procedures:
1. The Company is advancing the established statute of the Company.
2-In the event that companies include non-Syrian founders, they are required to grant the tourist license that the proportion of the Syrian contribution to the company's capital is not less than two thirds, and that the right of administration and signature of the shareholders will be exclusively Syrian.
3. Submission of the commercial register, which is replaced by the tourist record upon issuance.
Persons who perform tourist work with the company apply to the same licence conditions as applied to license the tourist work site.
III. The conditions to be provided by the candidates for work at any tourist work site are set out in the executive instruction.

Article 12

1. The updated institutions, agencies or offices within the incubator of the Chamber of Tourism or the Federation of Chambers of Tourism shall be authorized and applied to the staff of the Chamber of Tourism and shall be subject to the conditions of permit contained in this law and shall be supervised by the Division of the Chamber or the Federation and shall be covered under its sponsorship.
2. The updated institutions within incubators are not allowed to open branches in other governorates.

Chapter II
Classification

Article 13

The existing travel and travel offices are classified in the issuance of this law in one of the four categories (a travel agency, travel agency, and an office of internal tourism) by decision of the minister, according to the following:
a. The owner of the authorization of the office in the issuance of this Act shall submit a request to the Ministry, indicating the category within which it wishes to work within three months of the date of the enactment of this Act.
b. If he chose to work as an institution to organize tourist trips or an old office, his employees were subject to the conditions set out in the executive instructions, and the license granted to the owner who chose to work as a tourist tour institution would be reconsidered after three years and if he was not able to recruit the limit. The minimum number of tourist nights set forth in the executive instruction is to be modified to comply with his or her competence and depending on his or her desire.

Article 14

If the owner of the license issued after this law takes effect, or if the owner of the office licensed prior to the issuance of this law chooses to work as a tourist organizing institution and has not been able within three years to achieve the minimum number of tourist nights specified in the executive instructions, Modify the license class as the relationship owner requests in one of the other locations.

Article 15

By decision of the Minister:
a. The transfer of an enterprise, agency or office to a new unauthorised category or the exercise of the work of more than one category provided that the conditions for the new category are met.
b. The exercise by the institution, agency or office of all work assigned to all groups after securing the necessary conditions in accordance with this Law and its operational instructions.

Article 16

The objects under which the tourist work sites are licensed (address-administrative administrative address) are installed every five years.

Rule 17

The location of the tourist work site may be moved after obtaining the Ministry's approval to a new headquarters and under the same conditions as the date of submission of the Headquarters change request.

Chapter III
Capital and Guarantee

Rule 18

1. The actual capital of any of the tourist work sites as defined in Article I of this Law shall not be less than the minimum 300,0300,000 Syrian pound.
2. The tourist work sites, as defined in article 1 of this Law, provide a financial guarantee for their work, whose value is between the minimum (150.000) hundred and fifty thousand Syrian pounds and the upper limit (500,000) at 500 thousand Syrian pounds and determine the value of the financial guarantee in the executive instructions. By category and geographical location.
3. This financial guarantee shall be regarded as the basis for the payment of fines and damages that may be determined on the tourist job site resulting from its violations of the provisions of this law or the breach of contracts concluded with the foreign authorities, where the financial guarantee is liquidated by the Minister to pay such compensation and fines. Legally imposed, the tourist worksite must complete the value of the guarantee to return to the amount due within three months of the date of its liquefaction.
4. The financial guarantee shall take one of the following forms:
a bank bail.
A certified check.
c. An insurance policy issued by an insurance company accredited in the Syrian Arab Republic that secures the location of tourist work within the bank's sponsorship system and the insurance company does the bank's work in relation to the liquefaction of bail or the payment of damages due to poor execution or otherwise.
5. Flights or Umrah offices carrying out trips abroad after the Ministry's approval must deposit an additional financial guarantee with the Ministry under a cheque or bank guarantee of 1 million Syrian pounds per year, or 25 % of the costs of each foreign tourist trip or trip. An argument or age before it is run and it is automatically edited a month after the end of it in the absence of any complaint.
An insurance policy may be accepted as stated in 4.c/of this article to the value of 1 million Syrian pounds per year.
6. The guarantee for tourism and travel offices that are in place prior to the enactment of this Act may be paid for two annual payments depending on the location of the tourist work in which its work will be classified for a period of only two years from the date of entry into force of this Act.
7. If there is a branch or branch of the tourist work site that increases the minimum capital required for the main site as well as the financial guarantee (50 %) for each branch following the main site.
8. The value of the financial guarantee set out in paragraphs 2.5/of this article or the minimum and maximum limits of the guarantees or minimum capital may be amended by a decision of the Prime Minister based on the Minister's proposal.

Chapter IV
Violations and penalties

Rule 19

1. By decision of the Minister, an administrative committee of a judicial nature to decide on offences committed by the tourist site shall be established according to the following:
-Judge designated by the Minister of Justice as President
-Director of Legal Affairs in the Ministry Member
The competent director of the Ministry is a member
-Member of the Ministry of the Interior Member
-Representative of the Ministry of Wakfs
The head of the department's competent department is a member and secretary of the secret service.
-Representative of the Federation of Chambers of Tourism
2. The Committee shall perform the following functions:
a. To decide on cases of revocation of the licence set out in article 23 of this Law and its executive instructions.
b. To decide on the liquefaction of the financial guarantee and to determine the amount of the fine on the site for any violation of the provisions of this law that are not mentioned in article 20 of the law or in breach of contracts concluded with external parties.
c. Examination of the cases referred to it by the Minister and the submission of the necessary proposals thereon.
3. This Committee shall meet whenever there is a need to do so at the invitation of its President and shall decide on the cases submitted to it in accordance with paragraphs (a-b) of the majority, and at the same time as the Chairperson of the Committee is more likely to do so.
4. The Committee shall raise its decision in both cases-a-and-b-to the Minister.
5. The Minister shall issue a decision to implement the Committee's decision and each of the decisions shall be concluded and not subject to any means of appeal or review.

Rule 20

a. Any violation of the provisions of this law or its executive instructions or decisions issued pursuant to its provisions require a fine that is not less than (3000 and no more than 100,000 Syrian pounds) through the liquefaction of the financial guarantee.
b. Each of the offences set out below by a duty location shall be fine, as shown in the following table:
1. To declare tourist trips out of diameter or to declare a pilgrimage or an age without the approval of the Ministry 3000 L.C.
2. Implementation of tourist trips outside the country or a pilgrimage or an age without the approval of the Ministry 15000 L.S.
3. Lack of commitment to carry out flight programmes whether it is an external tourist trip, a pilgrimage or a life of 25,000 L.S.
4. Failure to commit to implementing an internal tourism flight programme in accordance with the requirements of the declaration 15000 L.S.
5. Breach of the conditions for dealing with travel tickets to 10,000 L.C.
6. Failure to comply with regulations and laws governing travel 10000 L.C.
7. Not to secure a licensed tourist guide to accompany the 15,000-to-be tourist group.
8. Failure to secure supervisor for the outbound travel itinerary, including pilgrimage or Umrah flights 20000 to. S.
9-The location of the tourist work site changed without the Ministry's knowledge of 10,000 L.C.
10. Change of administrative staff without informing the Ministry of 15000 L.S.
11. Exercise prior to obtaining license 25000 L.S.
12. Exercise of acts or occupations unrelated to the licence granted to 10,000 L.C.
13. Unauthorized investment of the work site 25,000 L.S.
14. Violation of authorized specifications 15000 L.C.
15. Any work on professional ethics 30,000 L.S.
16. contravention of any condition of licence 20000 L.C.
17. Failure to comply with Ministry's instructions 10000 L.S.
18. Temporary closure of the tourist work site 10,000 L.S.
19. Permanent closure of the tourist work site 25,000 L.S.
c. The minimum and maximum limits for fines in paragraph (a) of this article may be amended by a decision of the Council of Ministers based on the Minister's proposal.
d. The fines are imposed for the offences described above by the Minister's decision
The penalty is doubled for the offences set out above when the offence was committed for the second time by decision of the Minister.
f. The Committee shall decide on the estimation of fines for cases referred to it within the limits set forth in item-a-above and issue a decision on the Minister after the confirmation of the minutes of the meeting of the Committee.

Rule 21

a. A decision by the Minister is referred to in the Ministry and its directorates in the governorates and is authorized as a forensic officer after they perform the following section before the start court in the governorate where they are delegated. "I swear to God to do my job honestly and honestly," and in this capacity, they have to control the violations of the provisions of this law and the regulations and instructions issued in accordance with its provisions.
b. Tourist work sites in all their categories are subject to the supervision of the Ministry in accordance with the provisions of this Law.

Rule 22

At the request of the Minister, the Public Prosecutor's Office shall initiate and prosecute cases concerning the issues of tourist sites and their branches in all courts and tribunals.

Chapter V
Abolition of licence and closure

Rule 23

a. The permit shall be revoked by a decision of the Minister and without submission to the Committee in question in article 19 of this Law in the following cases:
1. Licence has a request that feels its wish to revoke the licence.
2. The bankruptcy of the licensee.
3. The death of the licensee, and in case the heirs do not apply for renewal of the licence on their behalf within three months of the date of the death of the licensee and the necessity of applying the conditions of the licensee to one of them.
4. A felony or an outrageous misdemeanor judgement of a licensee.
5. Stop working or close the job site for a full year without legal justification.
b. Licence shall be revoked by decision of the Minister after the presentation to the Commission provided for in article 19 of this Law in the following cases:
1. Waiver of the licence.
2. Loss of one of the conditions set forth in article 18 of this Law.
c. The Ministry is entitled to freeze or revoke the tourist licence on the basis of a reasoned proposal from the Committee provided for in article 19 above for the offences submitted to it.
d. The Ministry has the right to freeze or temporarily cancel the work site for a period of not more than three months in addition to the financial offence provided for in paragraph (b) of article 20 in case the offence is repeated or has committed more than one offence at the same time.
e. The Ministry is depositing a copy of the freezing or cancellation decisions issued against tourist sites to the Ministry of Social Affairs and Labour.
The Ministry is entitled to close any site that exercises this law without a tourist license issued by the Ministry.
The Minister is entitled to preserve the regulation in the event of the objection of the author of the opposite position, in light of the examination of the competent directorate and the validity of the objection

Rule 24

If the license of any tourist site is revoked, the ministry's financial guarantee will be maintained for a period of six months.

Rule 25

A decision may be made by the Minister to freeze the tourist license of any tourist site for a period of not more than one year at the request of the applicant following his studies in the competent directorate.

Section IV
Final provisions

Rule 26

The licence granted under the provisions of this Law does not exempt the licence holder from obtaining the necessary approvals from other bodies.

Rule 27

The owners of licensed and licensed travel and travel bureaus prior to the promulgation of this law must align their offices with the provisions of this law according to what is set out in the executive instructions.

Rule 28

The conditions and tasks set out in this law are applicable to tourist service offices on the real estate offices, which rent furnished apartments for tourists and the rental offices of chalet, which practice tourist leases.

Rule 29

The Minister shall make decisions and executive instructions for the provisions of this Act.

Rule 30

The Act No. 458 of 1957 and its amendments and other provisions in contravention of this Act shall be terminated.

Rule 31

This law is published in the Official Journal.
Damascus, 14/1/1430 A.H., 11/1/2009


President

Bashar al-Assad

Lawyer Naam Al-Masri












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