Islamic Republic of Afghanistan

 

 

ARBITRATION LAW

CORPORATION LAW

MEDIATION LAW

PARTNERSHIP LAW

 

Legal and Regulatory Reform for Commercial Transactions

A key pillar of the Ministry of Commerce and Industries’ work in support of private sector development is to establish a legal and regulatory framework necessary for the functioning of an efficient free market economy, and to have in place a modern system of commercial legislation. 

MoCI is in the process of translating and reviewing ten key commercial laws relating to: Arbitration; Mediation (Conciliation of Commercial Disputes); Contracts; Copyrights; Corporations; Bankruptcy, Partnerships; Patents; Standards; and Trademarks.  

Currently, the ministry has completed the review process for four laws and these have been submitted to the Ministry of Justice/Taqnin: the Arbitration, Partnership, Corporation and Mediation Laws.  These laws are undergoing a detailed review process by the Taqnin with the support of the MoCI before submission to the Council of Ministers.   

At this time, the Taqnin has completed the review for the Partnership Law and is beginning work on the Corporation Law. It is hoped that the Taqnin-MoCI review of the Corporation Law will be completed within the next month.  This could enable the Council of Ministers to submit both of these laws to the National Assembly before the end of 2006. The rest of the draft laws will be submitted to Taqnin, reviewed there and sent to the Council of Ministers and thence to Parliament over the next 12 months.  

A working group is being established by the MoCI, including the participation of the private sector, to prepare implementing regulations and procedures associated with these laws with the objective of developing recommendations for the government of guidelines for implementing these laws in line with international best practices. 

For more information about these legislative and regulatory reforms, please contact: 

Economic Governance & Private Sector Strengthening/USAID Project

Ministry of Commerce and Industries

Tel: 0799 458735

Email:  jwr@intecon.org

 

 

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