REPUBLIC OF CAMEROON -------------------- PEACE WORK FATHERLAND 1 Decree N /PM of Fixing the modalities of the application of Law n 90/037 of the 10th of August 1990, relating to the practice and Organization of Professional Technical Experts THE PRIME MINISTER AND HEAD OF GOVERNMENT, VU Mindful of the Constitution; VU Mindful of Law No. 90/037 of 10 August 1990 on the practice and organization of the profession of technical expert; VU Mindful of Decree No. 92/069 of 9 April 1992 on the organization of the Government; VU Mindful of Decree No. 92/089 of 4 May 1992 specifying the powers of the Prime Minister Mindful of Decree No. 92/066 of 9 April 1992 appointing a Prime Minister; On the advice of the Executive Council of the Chamber of Professional Technical Experts DECREES: ARTICLE 1: This decree lays down the procedures for the application of Law n 90/037 of 10 August 1990 on the practice and organization of the profession of technical expert.
2 CHAPTER I AUTHORIZATIONS TO PRACTICE THE PROFESSION OF TECHNICAL EXPERT ARTICLE 2- (1) The practice of the profession of technical expert is subject to a License granted by a decision of the Executive Council of the Professional Chamber of Technical Experts, hereinafter referred to as the "Council". (2) The change of professional residence or the resumption of activity after, an interruption following a disciplinary sanction, are authorized by decision of the Executive Council (3) The accreditation decision specifies the specialties in which the applicant is entitled to practice. The various risks are linked to the said specialties. ARTICLE 3- The authorizations to exercise referred to in Article 4 below may be withdrawn in the same form, in the event of suspension of the technical expert or for infringement of the provisions governing the Law on the practice of the profession of technical expert. SESSION I OBTAINING THE LICENSE ARTICLE 4- (1) The obtaining of the License as technical expert is subject to the production of a file deposited in duplicate, at the headquarters of the Executive Council, against an acknowledgement of receipt, and including, a stamped application ; a certificate of nationality not more than three (3) months old ; a certified copy of birth certificate of less than three (3) months old
3 A certified copy of the required Certificate and a certificate of presentation of the original certificates A certificate of non conviction (bulletin n 3) less than three (3) months old; A certificate justifying, as the case may be, the completion of the pupilage or the professional experience at the date of the application ; A letter of release issued by the pupil master or the last employer, in that case. (2) In addition to the documents listed in paragraph (1) above, a foreign national residing in Cameroon who is a national of a country that has entered into a reciprocal agreement with the Republic of Cameroon must, in support of his application, produce: A copy of the said agreement authenticated by the Ministry of Foreign Affairs A certificate of non-prohibition to practice in his country of origin or in any other country where he had previously practiced. (3) The procedure for the approval of Licenses of files referred to in paragraphs (1) and (2) above remains that provided for by Article 35 of Law No. 90/03 of 10 August 1990 on the practice and organization of the profession of technical expert. ARTICLE 5. Accreditation to practice the technical profession is personal and non-transferable. It indicates the locality chosen by the technical expert to practice his profession. ARTICLE 6.- (1) The technical expert authorized to practice his profession shall have a period of twelve (12) months following notification of the decision of approval or the entry into force of this decision when it is
4 implicit, to open his cabinet to the public, After this period, and except extension is granted by decision of the Executive council made in accordance with the provisions of article 37 of the law n 90/037 of August 10th, 1990 referred to above, the authorization becomes null and void. (2) The Licensed technical expert shall, within fifteen (15) days of the notification of the decision or the entry into force of the latter when it is implicit and before practicing, submit to the Executive Council a copy of the insurance contract provided for in Article 14 of Law No. 90/037 of 10 August 1990 referred to above and an Original of his/her oath taking decision and be included on the list of Licensed experts kept by the Executive Council. Receipt of the insurance policy is given to the Executive council at the beginning of each calendar year. (3) The provisions of paragraph (2) shall apply, mutatis mutandis, to the professional partnership of technical experts. ARTICLE 7. (1) The issuance of the discharge letter by the pupil master is mandatory when the applicant meets the condition of seniority provided for by law. (2) The refusal by any pupil master to issue the letter of release without valid reason to the applicant who requests it may lead to a sanctions leading up to the withdrawal of License When the internship takes place within the form of a professional partnership of technical experts, it incurs sanctions up to the closure of the cabinet. ARTICLE 8. The Licensed technical expert must personally and effectively perform his duties. He cannot practice in more than one cabinet at a time.
5 SECTION II AUTHORIZATION OF CHANGE OF PROFESSIONAL RESIDENCE OR RESUMPTION OF ACTIVITY ARTICLE 9. (1) The authorization of the change of professional residence is subject to the production of a file filed, in duplicate, deposited at the seat of the Executive Council against an acknowledgement of receipt, and including: A motivated and stamped application ; A copy of the accreditation decision. (2) It must comply with the eligibility criteria set by the Internal Regulations of the Chambers. ARTICLE 10.-The authorization of resumption of activity after interruption following a withdrawal of the License is subordinated to the production of a file deposited in duplicate, against receipt at the headquarters of the Executive council and including: A stamped application ; A certificate of rehabilitation issued by the Executive Council. ARTICLE 11. Applications for Licenses referred to in Articles 9 and 10 above shall be examined in accordance with the procedure laid down in Article 35 of Law No 90/037 of 10 August 1990 on the practice and organization of the profession of technical experts. SECTION III PARTICULAR DISPOSITIONS
6 ARTICLE 12.- (1) The technical expert of foreign nationality residing in Cameroon may, in the absence of a reciprocal agreement with his country, practice only in association with a colleague of Cameroonian nationality who is qualified to practice the profession of. Technical expert. In support of his application which complies with the provisions of Article 4 above, he must also produce an authenticated copy of the partnership agreement. This request is processed according to the procedure envisaged in article 35 of the law n 90/037 of August 10th, 1990 referred to above. (2) He is registered on the list of approved experts in front of the names and surnames of his partner of Cameroonian nationality. ARTICLE 13 (1) A non -resident foreign technical expert may practice only under the conditions provided for in article 8 of the afore mentioned law n 90/037 of 10 August 1990. (2) He may only take up residence with a technical expert of Cameroonian nationality, having his office in the place of the accident. (3) The modalities of application of this article is fixed by the internal rules of the Chambers CHAPTER11. REGISTRATION ON THE LIST OF LICENSED EXPERTS ARTICLE 14. The inscription on the list of Licensed experts held by the Professional Chambers of Technical Experts, also referred to as the "Chambers", is authorised by decision of the Executive Council.
7 ARTICLE 15 (1) The registration file on the list of approved experts, deposited at the seat of the Executive council, in duplicate and against receipt, includes : a stamped application; an oath taking decision a certified copy of the accreditation decision; a copy of a valid insurance contract ;. An attestation of the payment of contribution to the Chamber of Experts. (2) Registration fees are paid by the applicant. ARTICLE 16.- The application for registration referred to in Article 14 above shall be processed in accordance with the procedure laid down in Article 35 of Law No 90/037 of 10 August 1990 on the practice and organization of the profession of technical experts. CHAPTER III THE FUNCTIONING OF THE CHAMBERS ARTICLE 17. (1) The code of ethics of the profession and the Internal Regulations of the Chamber are adopted by the General Assembly and enforced by order of the Minister of Insurance. (2) The Minister responsible for insurance is required to decide on the code of ethics and the internal regulations within thirty (30) days from the date of their deposit. After this period, the said texts are deemed approved and become legally enforceable. ARTICLE 18. The Internal Regulations cannot, by pain of nullity, establish in the Chambers, other bodies of representation than those envisaged in articles 22, 39 and 50 of the law n 90/037 of August 10, 1990 relating to the
8 practice and organization of the profession of technical expert, or include provisions contrary to that law. ARTICLE 19. The practical modalities for the election of the President of the General Assembly, the members of the Executive council and members of the Disciplinary Chamber or the Appeal Chambers are laid down in the Internal Regulation. ARTICLE 20. The functions of President of the General Assembly are incompatible with those of President or member of the Executive council, as well as members of the Disciplinary Chamber or the Appeal Chambers.. ARTICLE 21. (1) Any member who loses the status for which he has been elected ceases to be a member of the Executive council. (2) Executive council members personally attend ordinary or extraordinary meetings of the Executive council. (3) The duties of the Vice-President, the Secretary General and the Treasurer of the Executive council are, where necessary, specified by the Internal Regulations, (4) When, more than six (6) months before a renewal of the Bureau, it can no longer sit for lack of a quorum, additional members are elected under the same conditions for the remainder of the term of office. (5) The modalities of application of the present article are laid down in the internal regulations of the Chambers.
9 CHAPTER IV CONCERNING THE FUNCTIONING OF THE DISCIPLINRY AND APPEAL CHAMBERS ARTICLE 22. (1) The disciplinary chamber can only sit in an odd number. The youngest member withdraws when the members present are even. (2) In case of impediment or disqualification of the president, the session is chaired by the oldest member. (3) A secretary appointed by the President will assist in the meeting. Article 23: - (1) The president of the disciplinary chamber appoints for each case a reporter from among the members of the chamber. (2) The complaint is notified to the technical expert concerned, who will have a period of fifteen (15) days from the date of notification to produce his written defense. This period shall be increased accordingly, if any of the technical experts is domiciled outside the seat of the Chamber. (3) The reporter investigate the matter, examines the written evidence, proceeds, if necessary, to the interrogation of the technical expert involved, hears the witnesses. He draws up a report of the questioning or declarations signed by those concerned. He has the capacity to proceed to all useful observations. (4) When he completes the investigation, the reporter transmits the file, together with a report to the president of the disciplinary chamber. ARTICLE 24 (1) The Disciplinary Chamber may, before pronouncing a final decision, orders by an interlocutory Ruling, all the measures of inquiry that it deems appropriate in the matter. (2) The technical expert sanctioned by the Disciplinary Chamber is required to pay costs resulting from the action. The Executive council shall recover this cost.
10 ARTICLE 25. (1) The incriminated or accused technical expert is summoned to the hearing, by any means leaving a written trace, by the president of the Disciplinary Chamber within thirty (30) days from the date of the hearing.. (2) The authority or the person who seized the Disciplinary Chamber is summoned to the hearing within the same time and manner as above. (3) The convocation shall indicate to the person concerned the period within which he/she or his/ her defender(s) may take to consult the file at the seat of the Executive Council. The person in question is also invited by the invitation to make known within eight (8) days, his choice of a defender and, in this case, the name and address of the latter. (4) When the authority that has seized the Disciplinary Chamber is the Minister of Insurance or the Public Prosecutor, it may be represented and may make its observation in writing. ARTICLE 26 (1) The president of the disciplinary chamber leads the proceedings. He gives the floor to the reporter, who will present the facts of the case. He will question the accused. Any member of the Disciplinary Chamber may also ask questions with the permission of the President of the Chamber. The President of the Disciplinary Chamber may, if he deems it necessary, in the interest of the proceedings, withdraw the right of talking from anyone who abuses it. (2) The accused must appear in person. He can be assisted by one or more defender (s) of his choice. If the technical expert accused does not appear, after one (1) convocation duly notified within the period provided for in Article 25 paragraph (1), the
11 case may be judged based on the documents in the file after listening to the reporter. (3) The hearing is not public and the deliberation remains secret. It gives rise to the drawing up of a report signed by all the members present ARTICLE 27.- (1) The decision of the Disciplinary Chamber mentions the names, first names of the members present. (2) It is entered in the record of proceedings. This register is quoted and initialed by the president of the disciplinary chamber and cannot be communicated to third parties. (3) The minute of each decision is signed by the President of the Disciplinary Chamber and the Secretary of the session. ARTICLE 28. (1) The decision of the Disciplinary Chamber is notified to all persons concerned by the Executive council, by any means leaving a written trace within the time prescribed by law. It is sent in the same form to the Minister of Insurance. (2) The person whose complaint has caused the seizing of the Disciplinary Chamber is informed in writing of the decision taken by it. (3) In the case of a person of foreign nationality, the decision shall, in addition, be notified to the competent authority of the State of origin and, where applicable, to that of the State from where it came from.. Article 29. The provisions of Articles 22, 23, 24, 25, 26, 27 and 28 above also apply to the Appeal Chambers. The secretary of the meeting is chosen from the members of the Executive council who did not sit on the matter at first instance.
12 However, the time limits provided for in sections 23 and 25 (1) are reduced to eight (8) and fifteen (15) days respectively. The one provided for in Article 25 (3) is reduced to Five (5) days CHAPITRE V THE EXERCISE OF THE SUPERVISORY AUTHORITY ARTICLE 30. (1) The terms "competent authority" and "supervisory authority" mentioned in Law No. 90/037 of 10 August 1990 designate the Minister of Insurance. (2) The Minister in charge of insurance exercises the powers of supervisory authority in the framework of the provisions of the law n 90/037 of the 10 August 1990 mentioned above and those of this decree or particular texts. ARTICLE 31. (1) The Minister in charge of insurance has a permanent mission to control the cabinets of the technical experts. (2) He may, in the event of default, professional failure or fraud of a technical expert, duly noted by the Bureau or the judicial authorities, ask the Bureau to suspend or, if necessary, definitively withdraw the license. He may, in addition, after three formal notices that have not been acted upon within the time fixed by him, automatically replace the Office. CHAPTER VI MISCELLANEOUS AND FINAL PROVISIONS ARTICLE 32.-It is considered as technical expert approved within the meaning of the law n 90/037 of August 10th, 1990 referred to above, any person Licensed to practice by the authority authorized for this purpose, by
13 virtue of the texts in force and those that existed before the aforementioned law. All experts approved on August 10, 1990 are authorized to continue their activities in accordance with Law No. 90/037 must comply with its provisions and those of this decree. ARTICLE 33,- (1) The conditions of admission and of process of the internship envisaged in article 10 of the law n 90/037 of August 10th, 1990 referred to above are fixed by the internal rules of the Chambers. (2.) The seniority required for accreditation to the profession of technical expert in dispensation of training is assessed after obtaining the required diploma. It is evidenced by an employment contract or any document taking its place ARTICLE 34. (1) A technical expert is subject to incompatibilities and prohibitions in the practice of his profession. These incompatibilities and prohibitions are provided for by Law No. 90/037 of August 10, 1990 referred to above, and eventually completed by order of the Minister of Insurance after opinion of the Executive council of the Chambers. For this purpose, the term "remunerated activity" mentioned in Article 17 of Law No. 90/037 of 10 August 1990 refers to any salaried activity within the meaning of the Labor Code. (2) However, the technical expert authorized to practice his profession may, alternatively or as an individual, provide training courses in training institutions corresponding to his specialty of training. Article 35 The fee schedule is decided by the General Assembly of the Chamber and submitted to the Minister of Insurance for approval in accordance with the provisions of Article 37 of Law No. 90/ 037 of 10 August 1990 referred to above. Article 36: When examining applications for approval to the profession of technical expert or to the list of approved experts, the assessment of the Executive council or the supervisory administration shall not include any
14 consideration of opportunity, and only the conformity of the file with the laws, and this decree, and the Internal regulation and/or with the code of ethics of the profession. Article 37 All previous provisions contrary to and including those of Decree No. 84/1055 of August 20, 1984 implementing Law No. 76/22 of September 9, 1976 relating to the profession of automobile expert and other damage are hereby abrogated Article 38 :- The Minister of Finance and the Executive council shall each be responsible for the execution of this Decree, which shall be registered, published in accordance with the urgency procedure, and shall be inserted in the Official Gazette in English and in French.