Republican
Decree No. (61) for 2007
Regarding the Establishment of Yemen Aden Gulf Ports Corporation
President
of the Republic
After reviewing the constitution of the
And, Law No. (3), for 2004, concerning
Council of Ministers,
And, Law No. (35), for 1991, concerning
Public Authorities, Corporations, Companies and its Amendments,
And, Republican Decree No. (427), for
2002, concerning the Executive By-law for Ministry of Transport,
And, Republican Decree No. (50), for 2007,
concerning formation of the Cabinet and nominating its members
And
after the approval of the Council of Ministers
// Decree
//
Chapter
One
Establishment,
Nomination & Definitions
Article
(1): Pursuant to this Decree, a corporation called “Yemen Gulf of Aden Ports
Corporation” shall be established to replace “Yemen Ports Department in
Article (2):
For the purposes of application of this Decree, the following words and
expressions shall have the meanings set out before each of them, unless the
context otherwise requires:-
Minister : Minister of Transport
Corporation :
“Yemen
Ports Department in
Ports: : Ports and components affiliated to the corporation as per defined in Article (4) of this Decree
Board of Directors : The Corporation’s Board of Directors
Article(3) : The
corporation shall enjoy the independent legal personality and financial
responsibility and shall be under the supervision of the Minister.
Article(4) : pursuant to
this Decree, the following entities shall be passed into and be components of
the corporation:-
1-
2- Ma'alla Multipurpose and
Container Terminal berths, Hajif , Al-Tawahiand also
3-
Any other ports or ships berths that the corporation would
establish and a decree shall be issued in this respect upon presentation of the
Minister.
Article (5): The corporation’s Head Office will be in
Article (6):The Corporation aims at efficient contribution to the
realization of the State's plans and to execute its assignments in the field of creation, development
and facilitating its entitles and ports operate them and improve level of their
services by adopting modern methods of economical and commercial management,
and it shall have the right in the framework of the State's general policy and
applicable laws:-
1- Set out the
comprehensive and detailed plans for creations, development and facilitating
its components and ports, in all aspects.
2- Expand, clean,
deepen its portsand construct, and maintains ship berths, waves barriers and
navigation passages.
3- Coordinate
with the relative authorities to secure and safeguard ports and their marine environments,
in accordance with the rules, criteria, technical provisions and the accepted
international standards.
4- Carryout
loading and unloading process, internal transportation within the ports frame work, whether directly or
through companies specialized in I this field, according to the terms and
situations to be proposed by the Board of Directors and approved by the
Minister.
5- Mange and
arrange navigation traffic, pilotage within the activities related to entering
and exiting of ships.
6- Set out the
inner legislations in the field of ports and navigation in them.
7- Establish,
operate, and maintain the necessary wireless communications to secure
navigation within the ports.
8- Grant
licenses for participating navigation agencies and different services
activities inside the ports and supervise them, according to the terms and
situations to be proposed by the Board of Directors and approved by a decree
from the Minister.
9- Establish,
mange, and utilize stores, warehouses, and storage yards in the ports or to licence
others to undertake the same, according to the terms and situations to be
proposed by the Board of Directors and approved by the Minister.
10-Maintenance and repair of the ports equipment and
facilities, such as berths, warehouses, yards, buildings, ship locks, buoys,
cables, workshops, etc...
11-Set out a tariff for services, wages, revenues
and facilities provided by the corporation, which shall be decided by the Board
of Directors and approved by the Minister.
12-Operate ports equipment and facilities concerned
with receiving vessels and provide services to them.
13-Establish lighthouses, light buoys and else of
the navigation assistances that serves navigation leading to the harbors.
14-Adopt new systems for information and statistics
that cover the entire activities of the corporation and would provide
information and statistics about movement of vessels, cargo, security, safety,
economical aspects and else.
15-Prepare executive plan and programs to train the
cadre and necessary skills to manage the corporation, operate its facilities
and mange its various operations.
16-Conclude contracts and agreement in connection
with the corporation's activities, according to the approved plans and the
rules of the applicable laws, by-laws, and decrees.
17-Request legal seizure according to applicable
laws.
18-Take proceedings before the local and
international courts and arbitration bodies to ensure that the corporation is
fully fulfilling practices of its assignments and to receive its dues with the
others by coordination with the complement authorities.
19-Any other tasks requisite by the nature of its
activities and stipulated in applicable in applicable and regulations.
Article (7): The Corporation shall have the right to:
a.
Possession of lands, real estates institutions
and facilities necessary for management and to facilitate its activities and to
disburse them in accordance with the applicable laws and regulations.
b.
Conclude concession agreement and/or contracts
for management and/or operations and/or development of any of its ports or
entities, with the private sector after approval of the minister. In such
cases, the concluded agreements or contracts shall organize and adjust mutual
relationships and obligations between the corporation and the body (bodies)
signed with it those agreements or contracts. The Chairman shall raise
periodical evaluation reports to the minister about the execution of those
agreements or contracts.
c.
Establish
joint liability companies with another partner or partners, in accordance with
the applicable laws.
Chapter Three
Corporation financial system
Article
(8): The corporation capital consists of the following:
a- Funds that the State allocates to the
corporation.
b- Assets, properties, funds of Yemen Ports
Department in
c- Value of the other fixed pilotage that
the State puts at disposal of corporation.
d- Credits or funds which are
accounted in the approved budget for the Corporation for the purposes of
supporting the financial position and increasing the capital.
Article
(9): the corporation's funding resources consist of the following:
a- The corporation's capital.
b- Legal credit loans and facilities.
c- The special resources come from the
corporation's activities or for the works and services, which it provides them
to others.
d- Its allocation from the net profits of
what it may establish as companies or contributes in their establishments with
others.
e- Support payments, donations and
endowments that the corporation obtains and the Minister accepts.
f- The financial support the State provides
to the corporation with because of shortage in the revenues for the
expenditures and that is in the frame of the corporation's annual budget.
g- Any other different resources approved
by the Board of Directors.
Article
(10): The Corporation practices its activity according to the fair economical
basics, thus sponsors its progress.
Article
(11): The Corporation shall have an independent planning budget to be set out
in a manner of the commercial budgets, and the corporation's funds are to be
considered as funds completely possessed by the State.
Article
(12): The Corporation's financial year is the financial year of the State.
Article
(13): The Corporation shall have accounting system pursuant to the unified
accounting system.
Article
(14): The Corporation shall be subject to the accounting financial control and
auditing by the Ministry of Finance and Central Organization of Control and
Auditing.
Chapter Fourth
Corporation Administration
Article
(15): a- the Board of Directors shall manage the corporation Administration to
be formed as follows:
|
1 |
Chairman
of Board / Executive President |
President |
|
2 |
Vice-Chairman |
Member |
|
3 |
Representative
for Ministry of Finance |
Member |
|
4 |
Representative
for the Ministry nominated by the Minister |
Member |
|
5 |
Representative
for the Local Authority in Aden
Governorate nominated by the Governor |
Member |
|
6 |
Representative
for the P. Authority for Maritime Affairs |
Member |
|
7 |
Representative
for the Coasts Guards Authority nominated by the Authority President |
Member |
(B) Premier's
Decision to be issued by naming the
representatives of the authorities which stated for
in clauses No. (3 To 7) of the past provision according to the Minister's demand.
Article
(16) Board of Directors is the higher administrative authority in the
corporation. So it has full authorities to supervision, directing, planning the
policies and authorization plans and programs which aim to achieving ration's
objects within limits of effective laws. And particularly has practice the
following duties:
1.
Planning and ratification the corporation's plans,
policies and annual agendas
and controlling it.
2.
Study and ratifying the annual budget for the
corporation.
3.
Study and ratifying the final account and results of
annual inventory for the corporation.
4.
Studying and determine the technical and economical
researches which aimed to advancement the corporation's activity and administration
according to the successful practical experiments in way warrants ensuring the
real competition and the qualified economical administration.
5.
Studying the reports which concerned of progress the
processes in the corporation in all fields and adapting the necessary decisions
to improvement the work..
6.
Studying and ratifying the administrative and
financial lists which organized to the corporation's activity according to
rules of effective laws.
7.
Studying the reports which prepare by the competent authority
and which concerned of safe and security of the port and its institutes. And
adapt the necessary decisions to improvement its levels according to the
international recorded rules for the safe of ships and port's utilities.
8.
Study and ratifying the pubic annual evaluative
reports to the corporation's employee work.
9.
Study and ratifying plans of training and
rehabilitation the corporation's employee.
10.
Ratifying list's project to definition fees,
incomings, services and facilitations for the services which the corporation
offer and submitting it to the Minister due to certifying it.
11.
Suggestion to adjustment the corporation capital.
Article
(17) The Board of Directors hold its ordinary meetings as far as one meeting
every month at least, the Board can held exceptional meetings in accidental
states, when the Minister or the chairman or third of members see the necessity
of its hold.
Article (18) The meetings of Board of Directors
not be correct just by attendance majority of Board members, decisions and suggestions
issued by majority of the attendance members and when the votes equality ,give preference to the side of the
chairman.
Article
(19) Board of directors, on necessity, can ask one committee or more to do some
works or studies or limited jobs and submitting the results which they attain
it to the Board.
Article
(20) Board of directors, on necessity,
can call for its meeting or get help from the suited of experts and the
specialists in the field of corporation's activity without they have depended
vote in the decisions which the Board adapt it.
Article
(21) The Board appoints its reporter out of its members and has no right of
voting.
Article
(22) Minutes and reports of Board of Directors submit to the Minister during 15
days from the date of its issuing, if the Minister notes any breach to law,
rules and regulations, he has the right of reexamination it during a period as
a maximum one month, and if the period
passed without objection from the Minister, regards as certified.
B- If the Board
of Directors insist on these decisions despite objection on it according to the
provided for in provision (A), should the Minister submitting the matter to the
Premier enclosed his opinion and the opinion of Board of Directors to determine
it.
C- The Board
force to implement what issuing from the Premier about these decisions, which
not disagrees with Law of Public Companies, Corporations and Departments No.(
35) for 1991 which amended by the Law No.(7) for 1997.
Article
(23) Bonuses of members of Board of Directors limits by Minister's decision.
Article
(24) The chairman is the executive chief for the corporation who appointed by
republican decision according to the Minister's demand, and be in charge of
corporation's administration and management its affairs in all fields and
particularly has practice the following duties:
1.
Management affairs of corporation, ratification the
contracts and doing all what concern achievement the objects which the
corporation establishing due to it.
2.
Preside of the Board of Directors meetings and prepare
its agenda and call them for the hold.
3.
Pursuit to implementing all the Board's decisions and
preparing reports with disclosure the delay's reasons and justifications or the
un implementing.
4.
Informing the Minister by copy of decisions and
meetings minutes during 15 days from the date of ratifying it in the Board.
5.
Submit the Board's periodical reports about the
operative works and the implementing level for the planning plans and programs.
6.
Implementing duties and responsibilities which
demanding from him or which the Minister or the Board ask him to do it
7.
Represent the corporation before the judicial
authorities and in front of all authorities, and he has the right to authorize
his vice or one of Board's members to do that.
8.
Suggest appointing Directors of administration and
terminating them duties and carrying out disciplinary punishing on them
according to the provisions of effective laws, regulations and rules.
9.
Presenting the interested authorities in the country
by the data about the corporation which they demand it.
10.
Adapt the necessary steps to ensure implementing the
effective laws, regulations and rules by the corporation's employees.
11.
Putting and organizing plans of corporation's activity
and follow up its ratifying and implementing.
12.
Issuing leaflets and detailed instructions to organize
the corporation's activity as such decisions, orders and directions to the Directors
of administrations and the employees in it by their chairmen.
13.
Suggest programs to training and rehabilitation the
employees to what require corporations needs.
14.
Hold periodical meeting with the employees to discuss
the corporations plans and any matters and duties relating with corporation's
activity.
15.
Adapt the necessary measures and steps to ensure
fulfillment the commitments which deriving from the corporation for the benefit
of the other authorities and getting the corporation's rights upon the other.
16.
Supervision and controlling all the effective works
and preparing the periodical reports to the Minister about the duty's levels
and the problems that delay progress of duty and suggestion the appropriate
solutions.
17.
Submit the
financial plan, the public budget, and the final accounts and any other reports
which he responsible to submitted it to the Board and the competent authorities
in the limited dates which agree with effective regulations.
18.
Any other duties which nature of his work required it
or which asked him to do it by the Minister or the Board of Directors or the
effective laws and regulations stated at it.
Article
(25)The vice- chairman of Board of Directors appointed by republican decision
according to the Minister's offer and after the consent of the council of Ministers,
the vice be in charge of cooperation the chairman of Board in doing his duties
and responsibilities in what he asked him to do of duties, and replace him on
his absence by doing all his duties and authorities.
Chapter Five
Final Rules
Article
(26) The Public Corporation for
Article
(27) All founds and the fixed and transferred belongings which the Yemeni Ports
Department in Aden and Aden for container station possesses it, transfer to the
possess of the corporation which established by this
decision, and transfer for it all rights and commitments which were on
responsibility of Department and The Station which mentioned at the time of
issuing this decision.
Article
(28) All Employees of the Yemeni Ports Department in
Article
(29) Evaluating, the fixed and transferred belongings and founds for the
corporation which established according to this decision, by committee preside
by Minister of transportation or by who delegates him including in its
membership representatives of Financial Ministry and of Central Authority for
control and accountant and of the corporation, in condition the committee
submit results of its duties to the Premier to approval and certifying.
Article
(30) The Corporation's organizing list issues by Minister's decision after Board
of Directors consent collaboration with Ministry of Civil Service and Insurances.
Article
(31) The Corporation enjoy by all merits and exemptions, which stated in
Investment Law.
Article
(32) All which not mentioned about it provision in this decision attributed to
the rules of Public Companies and corporation and Bodies Law and its amendments
and the rules of effective rules and regulations.
Article
(33) This decision be effective and work by it from the date of its issuing and
publish it in official newspaper.
Issued by the Republic
Presidency – San`aa
Date 4/
Rabi`a Thani / 1428
Corresponding 21 / April / 2007
Khalid
Ibrahim AL-Wazir Dr.Ali
Muhammed Major Ali Abdullah Salih
Minister of
Transportation Premier President
of the Republic