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Thursday, January 30, 2025
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Traders need their ‘voice’ back

publish time

29/01/2025

publish time

29/01/2025

Traders need their ‘voice’ back

A year ago, the Minister of Commerce, Mr. Abdullah Al-Jouan, acting upon a Cabinet decision and in accordance with Law No. 122 of 2023 concerning the Kuwait Chamber of Commerce and Industry (KCCI), dissolved the Chamber’s Board of Directors.

Established 65 years ago, the Chamber had long served as a pillar of Kuwait’s economic landscape. In its place, a transitional committee was formed to assume the board’s responsibilities.

This committee, led by constitutional expert Mr. Muhammad Al-Feely, includes key government officials -- the MCI Undersecretary, the Director of the Public Authority for Industry, the Assistant Undersecretary at the Ministry of Social Affairs and a representative of the Small Projects Company.

The committee was tasked with overseeing all administrative and financial operations of the Chamber until a new board is elected.

Additionally, it was authorized to take control of the Chamber’s headquarters, manage relevant documents, draft the executive regulations and submit them to the Minister of Commerce for approval. The committee was also responsible for issuing necessary decisions and regulations to facilitate its work.

The primary goal of this interim body was to preserve the integrity of the Chamber and ensure its continued service to Kuwait’s business community.

According to its founding directive, the committee was also charged with developing a comprehensive framework for the Chamber’s governance and presenting its recommendations to the government for final approval.

However, while the committee’s role in maintaining the Chamber’s functions is acknowledged, it is crucial that the Chamber’s leadership be reinstated to experienced professionals in commerce and economic affairs.

With due respect to the chairman and members of the transitional committee, their oversight should not be prolonged indefinitely.

The Chamber’s purpose is to represent and defend the interests of merchants and businesses -- an essential function in any thriving economy.

It is unreasonable that various professional groups, such as beekeepers and bike drivers, have dedicated organizations advocating for their rights, while Kuwait’s business community -- historically integral to the nation’s development -- remains without a fully functioning and elected board to represent its interests.

The Chamber must be restored to its original role, ensuring that it continues to support and guide Kuwait’s commercial sector with the expertise and leadership it deserves.

It is well understood among those closely involved with the Chamber, particularly the members of the interim committee, that Law No. 122 of 2023 -- under which the Chamber’s Board of Directors was dissolved and the interim committee was appointed -- addressed several critical aspects.

However, given the hurried manner in which it was enacted, similar to other laws passed during that period, it inevitably contained numerous flaws.

While the Constitutional Court ultimately dismissed the appeals challenging the law, it simultaneously provided legal interpretations to ensure that its provisions remained in compliance with the Constitution.

Given these circumstances, incorporating these judicial interpretations into the executive regulations is not only justified but necessary. It is both logical and imperative to consider them in any forthcoming amendments to the law.

To facilitate this process, the Minister of Commerce may need to request the interim committee’s insights and observations on the law, ensuring that any revisions are well-founded and effectively implemented.

Several key issues require clarification . For instance, the decision to appoint the interim committee stated that it would remain in place until a new Board of Directors for the Chamber is elected.

However, this raises important questions : Does the committee itself have the authority to call for new elections? If so, on what legal basis? When and through what mechanism should these elections be conducted?

Addressing these ambiguities through legislative amendments will be essential to ensuring a clear and legally sound framework for the Chamber’s governance moving forward.