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BCCI issues Force-Majeure Certificates



 
In connection with the requests by companies constantly submitted to BCCI for issuance of certificates verifying the disastrous situation, to be presented before their partners relieving them of responsibility in case of delays in the execution of trade contracts, we would like to inform you that.
The Bulgarian Chamber of Commerce and Industry issues such certificates, based on official documents issued by independent institutions (ministries, municipal authorities, etc.) and verifying the force-majeure circumstance and the period/duration of the event.
To facilitate entrepreneurs in obtaining these documents and in order to simplify the procedure:
1. The affected companies need to inform their partners immediately about the presence of such force-majeure circumstances;
2. To take the necessary actions for issuance of Force-Majeure Certificate.
BCCI has asked the respective institutions and ministries to send COPIES of each document imposing various types of bans and prohibitions to it. In this way, companies will be spared the time and efforts for searching and obtaining from the administration documents for each specific case. 

GENERAL INFORMATION
ISSUANCE OF FORCE-MAJEURE CERTIFICATES

The Bulgarian Chamber of Commerce and Industry would like to remind that it issues Force-Majeure Certificates to Bulgarian tradesmen relieving them of responsibility for failure to perform one’s obligations or delay in the performance of obligations under a contract caused by some unpredictable (force majeure) circumstance.

Unpredictable (force majeure) circumstances are: natural disasters (floods, blizzards, snowstorms, hailstorms, earthquakes, landslides, etc.); blockades (of roads, borders, etc.); fire; industrial accidents; wars; governmental restrictions; strikes, etc. 
“Unpredictable force” (force majeure) shall be interpreted as a circumstance (event) of extraordinary nature which has occurred after the conclusion of the contract, could not have been foreseen and is beyond the will and control of the parties. 

To ascertain an “unpredictable force”, the following conditions should be present:
- circumstances/events, which have occurred after the completion of the contract;
- these circumstances should be unpredictable or unavoidable;
- of extraordinary character and
- there should be a causal link between them and the inability to fulfill contractual obligations. 
The Force-Majeure Certificates is issued upon request of a Bulgarian tradesman, who has enclosed the following documents: 
- official document issued by an independent institutions, proving the force majeurce circumstances and the period/length of the event; 
- copy of the signed contract with the respective data about terms and way of execution;
- reference on behalf of the tradesman about the size of the non-execution, calculated in %, or in another value, depending on the specifics of the contract;

By issuing Force-Majeure Certificates the Chamber assists the companies effectively and spares them the payment of penalty. 

The Force-Majeure Certificates issued by BCCI are internationally acknowledged and are accepted as evidence by international arbitration institutions due to the strict adherence to the unified rules for their issuance, as well as the positions of chambers of commerce worldwide and the existing common practice. 

The Force-Majeure Certificate is issued by BCCI in Bulgarian or a foreign language at the request of the client. 

The Chamber recommends to Bulgarian tradesmen to include a force majeure clause in their foreign trade contracts. The text of the force majeure clause is available at BCCI’s website:  http://www.bcci.bg/uslugi/member_certificates_fm.htm   

The lack of a force majeure clause in the contract is not a reason for BCCI to refuse the issuance of such certificate. 

For additional information: tel. (+359 2) 8117 476; 8117 551; e-mail: z.georgieva@bcci.bg ; atakar@bcci.bg

09.02.2012

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