ARTICLE
7 November 2024

Legal Requirements For Registering NGOs In Egypt

SK
Sadany & Khalifa Law Firm

Contributor

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Based on the belief of government authorities in Egypt in the efforts of achieving sustainable development by individuals and organizations; whether governmental or non-governmental...
Egypt Corporate/Commercial Law

Based on the belief of government authorities in Egypt in the efforts of achieving sustainable development by individuals and organizations; whether governmental or non-governmental, Egyptian or foreign, the legislator has granted foreign NGOs to practice the activities of civil society associations or institutions under the relevant laws, especially Law No. 149 of 2019 and Resolution No. 104 of 2021 on Regulating the Exercise of Civil Work & its Executive Regulations.

Foreign Non-Governmental Organizations may be licensed to perform one or more Civil Society activities, provided that the following documents are available:

  • A license request presented by The Foreign NGO to the Ministry of Foreign Affairs in the designated form, certified by the Egyptian Embassy in the organization's country of origin.
  • The required data on the foreign parent NGO include:
    • The legal license under which it carries out the activity in its original country
    • Official copy of its Articles of Association
    • Data of the Members of Board (name, nationalities, date of appointment)
  • The required data on the license applicant:
    • Official copy of its Articles of Association
    • A statement of the organization's activities, funding sources, program plan, protocols, memoranda of understanding, or any other forms of cooperation, in addition to the organization's projects in Egypt territory, filled in the designated form.
    • Authenticated certificate stating that the organization is registered and exercises civil work legally in its original country
    • A declaration of non-listing on any international, regional or local terrorism lists.
    • A declaration of the sound criminal status of every founding member and the Board of Directors
    • The treaty or agreement proving the NGO right to exercise civil work activity in Egypt (if any)
    • The official website (if any)

Data required for the license

The foreign NGO wishing to exercise civil work activities are required to provide the following:

Data on the activities it wishes to carry out in Egypt

The geographical scope of its work in Egypt

The proposed duration for the activity

The proposed financial allocation for the activity

Sources of funding for the proposed activity

The party to which the fund are allocated after the expiration or cancellation of the license

The organization may not practice any activity in Egypt unless it obtains a permit from the competent Minister after the approval of the relevant authorities.

The Ministry of Foreign Affairs shall send a copy of the license application to work in Egypt and the attached documents, the opinion of the relevant authorities, accompanied by its own opinion, to the competent Ministry to consider issuing the license.

The competent authority for issuing the license and its duration:

Article (110) of the Executive Regulations issued by Resolution No. 104 of 2021 stipulates that:

Within fifteen working days from the date of receipt of the application from the Ministry of Foreign Affairs, the competent minister shall issue the license for the NGO to exercise one or more civil work activities, specifying its duration, the licensed activity, its geographical scope, the sources of funding and the proposed financial credit, and the entity to which the funds are allocated after the expiration or cancellation of the license

License Renewal for a foreign NGO:

  • A foreign NGO may submit the designated request form, sixty working days before the expiry of its license, to renew it; provided that it is renewed for another same period using the same license procedures. The following documents shall be attached:
  • An annual achievement report on the period of exercising the authorized activity
  • The annual budget approved by a certified chartered accountant

The foreign NGO wishing to exercise civil work activities are required to provide the following data:

  • The activities it wishes to carry out in Egypt
  • The geographical scope of its work in Egypt
  • The proposed duration for the activity
  • The proposed financial allocation for the activity, and sources of funding
  • The party to which the NGO's assets and fund are allocated after the expiration or cancellation of the license

Basic data of employees (Egyptians, foreigners or dual nationals) working in the foreign NGO branch in Egypt:

  • Name
  • Position
  • Copy of national ID or passport
  • Date of appointment
  • A declaration of non-listing on any terrorism lists.
  • Internal bylaws of the NGO operating in Egypt
  • Any amendments made to the parent foreign NGO and the license applicant, along with any amendments to the activities carried out by the foreign NGO in Egypt.
  • Payment of the renewal fees pursuant to Article (67) of Law No. 149 of 2019 estimated by a maximum of fifty thousand pounds or its equivalent in US dollars. This amount increases by 20% upon renewal of the license but shall not exceed four times the maximum limit set forth herein.
  • Upon completion, a paper and electronic copy of this data shall be sent to the competent Unit.

License Amendment

  • Upon the approval of the relevant authorities, the competent Minister shall issue a decision to renew the license within ninety working days from the date on which the organization submits the renewal request.

The NGO License may be amended by submitting a request to the competent Unit, including:

  • The provisions to be amended and the justifications thereof
  • The financial and technical reports for the previous duration prior to the amendment
  • Any other documents or data requested by the Unit.
  • Upon the approval of the relevant authorities, the competent Minister shall issue a decision to amend the license within 90 working days from the date of request submission.

May a foreign NGO request the cancellation of the license?

Article 114 of the Executive Regulations issued by Resolution No. 104 of 2021 stipulates that:

The NGO may submit a cancellation request to the competent Unit accompanied by the following:

  • Reasons for the cancellation request
  • The financial and technical reports for the activity exercising duration
  • The latest budget approved by a certified chartered accountant
  • Any other documents or data requested by the Unit
  • The competent Minister shall issue, after the approval of the relevant authorities, a decision to cancel the license, including the liquidation of the organization's business within thirty working days from the date of request submission.

Recruitment of Foreigners:

Foreign NGOs may recruit foreigners, experts, permanent or temporary workers, pursuant to the Unit's request submitted to the competent Minister to issue work permits at least 60 days before recruiting the foreigner, accompanied by the following documents:

  • Data of the foreigner; i.e. name, profession, nationality and place of residence
  • The nature of the work to be undertaken by the foreigner
  • The license is issued after the approval of the relevant authorities, and the competent Minister may exempt some employment categories from the 60-day period for public interest considerations.

Consequences of foreign NGOs violation of the Law, the Executive Regulations or the License Provisions:

When a foreign NGO violates the provisions of the Law or the license issued, the unit shall send a notification to remove the cause of the violation within a specified period. Suppose the NGO fails to remove the cause of violation. In that case, the competent Minister, after the approval of the relevant authorities, shall issue a reasoned decision to suspend the violating activity or cancel the license. The cancellation decision shall include liquidating the organization's business within 30 working days from the date of issuing such decision.

The funds left voluntarily by the NGO after the expiration or cancellation of the license shall be transferred to one of the Egyptian entities specified by the NGO. In the event that no entity is specified in the activity license, the funds shall be transferred to the (Civil Associations and Foundations Support Fund) after the approval of the Board of Directors.

Based on the belief of government authorities in Egypt in the efforts of achieving sustainable development by individuals and organizations; whether governmental or non-governmental, Egyptian or foreign, the legislator has granted foreign NGOs to practice the activities of civil society associations or institutions under the relevant laws, especially Law No. 149 of 2019 and Resolution No. 104 of 2021 on Regulating the Exercise of Civil Work & its Executive Regulations.

Foreign Non-Governmental Organizations may be licensed to perform one or more Civil Society activities, provided that the following documents are available:

  • A license request presented by The Foreign NGO to the Ministry of Foreign Affairs in the designated form, certified by the Egyptian Embassy in the organization's country of origin.

The required data on the foreign parent NGO include:

  • The legal license under which it carries out the activity in its original country
  • Official copy of its Articles of Association
  • Data of the Members of Board (name, nationalities, date of appointment)

The required data on the license applicant:

  • Official copy of its Articles of Association
  • A statement of the organization's activities, funding sources, program plan, protocols, memoranda of understanding, or any other forms of cooperation, in addition to the organization's projects in Egypt territory, filled in the designated form.
  • Authenticated certificate stating that the organization is registered and exercises civil work legally in its original country
  • A declaration of non-listing on any international, regional or local terrorism lists.
  • A declaration of the sound criminal status of every founding member and the Board of Directors
  • The treaty or agreement proving the NGO right to exercise civil work activity in Egypt (if any)
  • The official website (if any)

Data required for the license

The foreign NGO wishing to exercise civil work activities are required to provide the following

  • Data on the activities it wishes to carry out in Egypt
  • The geographical scope of its work in Egypt
  • The proposed duration for the activity
  • The proposed financial allocation for the activity
  • Sources of funding for the proposed activity
  • The party to which the fund are allocated after the expiration or cancellation of the license
  • The organization may not practice any activity in Egypt unless it obtains a permit from the competent Minister after the approval of the relevant authorities.
  • The Ministry of Foreign Affairs shall send a copy of the license application to work in Egypt and the attached documents, the opinion of the relevant authorities, accompanied by its own opinion, to the competent Ministry to consider issuing the license.

The competent authority for issuing the license and its duration:

Article (110) of the Executive Regulations issued by Resolution No. 104 of 2021 stipulates that:

  • Within fifteen working days from the date of receipt of the application from the Ministry of Foreign Affairs, the competent minister shall issue the license for the NGO to exercise one or more civil work activities, specifying its duration, the licensed activity, its geographical scope, the sources of funding and the proposed financial credit, and the entity to which the funds are allocated after the expiration or cancellation of the license

License Renewal for a foreign NGO:

  • A foreign NGO may submit the designated request form, sixty working days before the expiry of its license, to renew it; provided that it is renewed for another same period using the same license procedures. The following documents shall be attached:
  • An annual achievement report on the period of exercising the authorized activity
  • The annual budget approved by a certified chartered accountant

The foreign NGO wishing to exercise civil work activities are required to provide the following data:

  • The activities it wishes to carry out in Egypt
  • The geographical scope of its work in Egypt
  • The proposed duration for the activity
  • The proposed financial allocation for the activity, and sources of funding
  • The party to which the NGO's assets and fund are allocated after the expiration or cancellation of the license

Basic data of employees (Egyptians, foreigners or dual nationals) working in the foreign NGO branch in Egypt:

  • Name
  • Position
  • Copy of national ID or passport
  • Date of appointment
  • A declaration of non-listing on any terrorism lists.
  • Internal bylaws of the NGO operating in Egypt
  • Any amendments made to the parent foreign NGO and the license applicant, along with any amendments to the activities carried out by the foreign NGO in Egypt.
  • Payment of the renewal fees pursuant to Article (67) of Law No. 149 of 2019 estimated by a maximum of fifty thousand pounds or its equivalent in US dollars. This amount increases by 20% upon renewal of the license but shall not exceed four times the maximum limit set forth herein.
  • Upon completion, a paper and electronic copy of this data shall be sent to the competent Unit.

License Amendment

Upon the approval of the relevant authorities, the competent Minister shall issue a decision to renew the license within ninety working days from the date on which the organization submits the renewal request.

The NGO License may be amended by submitting a request to the competent Unit, including:

  • The provisions to be amended and the justifications thereof
  • The financial and technical reports for the previous duration prior to the amendment
  • Any other documents or data requested by the Unit.
  • Upon the approval of the relevant authorities, the competent Minister shall issue a decision to amend the license within 90 working days from the date of request submission.

May a foreign NGO request the cancellation of the license?

Article 114 of the Executive Regulations issued by Resolution No. 104 of 2021 stipulates that:

The NGO may submit a cancellation request to the competent Unit accompanied by the following:

  • Reasons for the cancellation request
  • The financial and technical reports for the activity exercising duration
  • The latest budget approved by a certified chartered accountant
  • Any other documents or data requested by the Unit
  • The competent Minister shall issue, after the approval of the relevant authorities, a decision to cancel the license, including the liquidation of the organization's business within thirty working days from the date of request submission.

Recruitment of Foreigners:

Foreign NGOs may recruit foreigners, experts, permanent or temporary workers, pursuant to the Unit's request submitted to the competent Minister to issue work permits at least 60 days before recruiting the foreigner, accompanied by the following documents:

  • Data of the foreigner; i.e. name, profession, nationality and place of residence
  • The nature of the work to be undertaken by the foreigner
  • The license is issued after the approval of the relevant authorities, and the competent Minister may exempt some employment categories from the 60-day period for public interest considerations.

Consequences of foreign NGOs violation of the Law, the Executive Regulations or the License Provisions:

When a foreign NGO violates the provisions of the Law or the license issued, the unit shall send a notification to remove the cause of the violation within a specified period. Suppose the NGO fails to remove the cause of violation. In that case, the competent Minister, after the approval of the relevant authorities, shall issue a reasoned decision to suspend the violating activity or cancel the license. The cancellation decision shall include liquidating the organization's business within 30 working days from the date of issuing such decision.

The funds left voluntarily by the NGO after the expiration or cancellation of the license shall be transferred to one of the Egyptian entities specified by the NGO. If no entity is specified in the activity license, the funds shall be transferred to the (Civil Associations and Foundations Support Fund) after the approval of the Board of Directors.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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