Article (3)
The Committee’s Operating System
1. Membership period:
The committee’s membership period shall be (3) years renewable for similar periods.
2. Membership Termination:
a. The committee’s membership shall be terminated for any of the following reasons:
1. The member’s death or infection with a disease that prevents him from performing
the activities entrusted to him.
2. The termination of the member’s service in the position he occupies whenever the
member’s nomination within the committee was for his capacity and not person.
3. Absence, without an excuse accepted by the Committee’s chairman, from attending
(3) three consecutive meetings or (5) five separate meetings within the membership
period.
4. The member’s conviction with a crime against honor or trust unless he was restituted.
5. Dismissal pursuant to a Cabinet resolution.
6. Resignation from the Committee’s membership.
b. In the event the chairman’s or any of its members positions become vacant, the alternative
member shall be nominated in accordance with the determined mechanism stipulated in
clause (2) of Article (2) of this Resolution.
3. The Committee’s Meetings and Working Mechanism:
a. Committee’s Meetings:
1. The Committee shall meet once at least, every four months, and it may also hold
exceptional, or emergency meetings as required by the work’s interest.
2. The call for the Committee’s meeting shall be sent upon an invitation sent by its
Chairman, with sufficient time, before its meeting’s date.
3. The legal quorum of the Committee’s meeting is achieved with the presence of the
majority of its members, provided that the Chairman is one of them.
4. The Committee meetings are held in person at the Ministry’s headquarters unless the
Committee deems otherwise.
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Cabinet Resolution of 2023 Concerning the Commercial Agencies Committee 3
5. The Committee’s Chairman may hold the meeting through modern technological
means.
6. In the event any of the conflict-of-interest situations occurs, the concerned member
shall declare such situation immediately and refrain from participating in the relevant
meetings, deliberations, and consultations with other members.
7. The dispute parties shall be notified of the meeting’s determined date; and the
Committee may, upon its own discretion or based upon on a request by the parties,
allow the dispute parties to appear before it. In the event the applicant or his opponent
does not attend the above referenced Committee’s meeting, whether in person or
through a representative, the Committee may proceed with the meeting without his
presence.
8. The Committee may invite whomever it deems appropriate, whenever the need arises,
as well as seek assistance from consultation entities from outside the Ministry in
accordance with the applicable rules.
9. The Committee may allow any of the dispute parties to submit documents or reports,
whenever they are submitting their application and deciding upon to it. The
Committee may also allow any of the dispute parties to submit new documents that
were not annexed to the application, based on an excuse acceptable to the Committee
or if it deems these documents necessary before deciding the dispute.
10. The Committee shall issue its decision by a majority vote, and in the event of equal
votes, the side on which the Chairman is, prevails.
b. Agenda of the Committee’s Meetings:
1. The agenda for the Committee’s meetings shall be prepared and included in the
invitation sent before the meeting.
2. The agenda shall be sent to the members at least (5) five business days before the
meeting’s date, annexed with all the relevant reports, documents, and studies.
3. The meeting begins with a presentation of the topics in their order of listing on the
agenda and shall proceed in such manner. During the meeting, Committee members
may discuss urgent matters, not listed on the agenda, with the approval of those
present; and such matters are listed under the title “new business”.
c. Minutes of Meeting:
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Cabinet Resolution of 2023 Concerning the Commercial Agencies Committee 4
1. The proceedings of the Committee’s meeting and decisions shall be documented, in
written, in a minutes of meeting prepared by the Committee’s rapporteur.
2. The minutes of meeting shall include the following formal data, at least:
a. The meeting’s number, year, and date.
b. The dispute’s number, topic, and summary.
c. Names of the present persons and legal quorum.
d. Agenda.
e. The meeting’s facts, proceedings, and deliberations that occurred and the
decisions taken.
f. A notes section in case any of the Committee’s members has notes.
3. Every minutes of meeting of the Committee’s meetings shall be signed by the
Chairman, members, and Committee’s rapporteur.
d. The Committee’s Rapporteur:
The Committee’s rapporteur shall handle the following:
1. Preparation of the Committee’s agenda and approval by the Committee’s Chairman.
2. Sending out the meeting’s invitation and mechanism to convene on the date
determined by the Committee’s Chairman.
3. Documentation of the Committee’s minutes of meetings, deliberations, and
decisions and the preparation, retention, and recording of the minutes of meetings as
per the applicable rules.
4. Circulation of the minutes of meeting to all members within (5) five business days
from the meeting’s date.
5. Coordination with the concerned departments at the Ministry to obtain the required
information and documents based upon the Committee’s recommendations or
decisions.
4. Submission of Applications:
The application shall be submitted to the Committee’s rapporteur, as per the template
approved by the Committee in this regard, annexed with the following documents and data:
a. The applicant’s name, information, and address.
b. The names of the dispute parties, their information, and addresses.
c. Summary of the dispute topic and submitted claims.
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d. The application’s supporting documentations.
e. Any other data or documents requested by the Committee.
5. Register of Applications:
a. The Committee’s rapporteur shall register, in serial numbers, the applications submitted
to the Committee upon their receipt, in a special register, established for this purpose, in
which the application’s date and information are recorded. The applicant shall be given a
receipt confirming the application’s receipt and registration, in accordance with the
applicable procedures at the Ministry, and after paying the fee stipulated in the following
clause.
b. The applicant commits to pay the fee prescribed by the Ministry before the application’s
registration in the register and shall provide the Committee’s rapporteur with a receipt
copy of the determined fee; and such receipt shall be considered one of the required
documents to decide on the dispute.
c. The Committee’s decision concerning the application shall be recorded in the Register of
Applications, as well as the notification’s number and date to the applicant.
6. Timeframes of conflict resolution and the appeal against it:
a. The Committee shall begin to examine the dispute within (22) twenty-two business days
starting from the date of submitting the dispute resolution request to it provided that the
request is complete or from the date of completing the required documents.
b. The Committee must decide on the dispute within a period of (120) one hundred and
twenty days starting from the application’s submission date, otherwise either party shall
be allowed to revert to the judiciary within a period of (60) sixty days starting from the
timeframe’s expiry date.
7. Conflict Resolution:
a. The Committee issues a decision to resolve the dispute; and such decision shall include a
summary of the dispute’s topic and the reasons on which the Committee based its
decision.
b. In all events, the Committee’s decision shall determine the party who shall bear the fees,
expenses, and experts fees.
c. The Committee’s decision shall be signed by the Chairman, present members, and
rapporteur.
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Cabinet Resolution of 2023 Concerning the Commercial Agencies Committee 6
d. The dispute parties shall be notified with a copy of the Committee’s decision within (15)
fifteen days as of its date of issuance.
e. Whenever a dispute was settled by issuing a decision to cancel the commercial agency,
the following should be applied:
1. The commercial agency shall be cancelled even if the relevant decisions was appealed
before the courts.
2. The principal may appoint a new agent, who is registered as per the applicable rules,
after the commercial agency’s cancellation.
3. The execution of what is stipulated in items (1) and (2) of this clause shall be
suspended in the event a final court ruling or decision has been issued to repeal the
decision cancelling the commercial agency or suspending its execution.
8. Committee Reports:
The Committee shall submit to the Minister a bi-yearly report that includes data on the number
of conflicts it examined, its reasons, and the decisions taken in this regard.
