Preamble

We, the members of CUATOMS BROKERS ASSOCIATION, GHANA (CUBAG), in recognition of the importance of International Trade and our commitment to support the National Economy with Honesty and Efficiency and in solemn declaration and affirmation of our determination; to seek the welfare and dignity of our members do hereby, in the name of God Almighty enact and establish this CONSTITUTION for ourselves and for posterity.

1Name, Motto, Slogan, Logo

2Aims and Objectives

1. To promote the business of Custom House Agent, Customs Brokers and Freight Forwarding.
2. To educate and disseminate government policies in Customs.
3. To ensure high standard of professionalism and integrity among members.
4. To seek the general welfare of the Association and its members.
5. To affiliate and establish links with international bodies in the shipping industry.
6. To act as a link between the state and other stakeholders affiliated to the industry.
7. To organize appropriate courses, seminars, workshops, and consultancy services on customs, shipping, transport, international trade and commerce for members and the general public.
8. To seek and promote any other object(s) that may appear to be relevant to the Association within the confines of the industry.

3The Council

There shall be a NATIONAL COUNCIL (the “COUNCIL”) which shall be an advisory body to the National Executive Committee.

4Membership of the Council

The Council

• The Council shall have a minimum of five (5) members and a maximum of nine (9).
• The Council shall include all five (5) Founding Members and others who may be appointed by them.
• The appointing Authority to the Council shall at all times be vested in the five (5) founding members.

Tenure

All five (5) Founding Council Members shall have a life tenure, whilst all Council appointees shall hold office subject to good conduct, high morality and good performance.

Duties

• The Council shall meet quarterly and appoint a chairman from among its membership at its first meeting.
• The Council shall have powers of adjudication over all matters of the Association.
• The Council shall be the highest decision-making body in all matters referred to it as an appellate body without ousting the jurisdiction of the courts.

5Membership of CUBAG

1. Membership of CUBAG shall be opened to companies duly registered by the Registrar-General's Department under the laws of the Republic of Ghana to do the business of Custom House Agent.
2. A potential applicant shall be vetted by the National Executive Committee and recommended to the Council for final approval.
3. A member shall pay fees instituted by the Association and abide by all approved bye-laws.

6National Executive Committee (NEC)

There shall be a National Executive Committee made up of elected officers and representatives of each Branch.

Composition

1. National President
2. 1st National Vice-President
3. 2nd National Vice-President
4. National Secretary
5. National Assistant Secretary
6. National Financial Secretary
7. Treasurer
8. National Organizer
9. National Assistant Organizer
10. Welfare Officer
11. Branch Chairmen
12. Ex-Officio Member

Functions, Tenure & Quorum

• NEC may co-opt members and make pro-tem appointments when necessary.
• It administers the day-to-day affairs of the Association.
• Resolutions, decisions, proclamations and appointments are based on a simple majority vote.
• NEC meets at least once a month and may appoint working committees for specific functions and periods.
• NEC remains in office for four (4) years; a member may be eligible for re-election only once.
• One third (1/3) of the entire NEC membership forms a quorum.
• NEC members resident in Accra and Tema form a Working Committee to carry out Council decisions and directives.

7Functions of Officers

8Branches

Branches shall exist at major entry and exit points and shall be responsible for local organization of the Association.

Branch Executive Committee (BEC)

1. Chairman
2. Vice-Chairman
3. Secretary
4. Treasurer
5. Financial Secretary
6. Organizer
7. Welfare Officer

Branch Functions

The Branch Chairman is the administrative head, presides over Branch meetings and may call meetings. The Vice-Chairman acts in the Chairman's absence and performs delegated duties. The Secretary keeps minutes, submits copies to NEC, sends meeting notices and performs assigned duties. The Treasurer keeps proper accounts, receives funds, pays them into the Branch bank account, pays authorized bills, prepares draft accounts for audit and submits audited accounts to a General Meeting through the Branch Executive.

9Finance and Legal

Methods of Finance

Bank Accounts

National and Branch Committees operate bank accounts approved by Council. National accounts require the President as principal signatory with either the Secretary or Treasurer countersigning. Branch accounts require the Chairman as principal signatory with either the Secretary or Treasurer countersigning.

Auditors / Lawyers

Auditors and Lawyers are appointed at the National Delegate Conference for one year, subject to renewal based on satisfactory performance. They audit the Association's accounts and report at the Annual National Delegates Conference.

Funds

Association funds are expended by NEC on budget-approved programmes and activities. Accountable imprest is determined by NEC/BEC, and honorarium may be paid to resource persons undertaking assignments or services for the Association.

10Resignation, Removal from Office and Expulsion

Resignation

• Council members give the Chairman 30 days' written notice.
• NEC or Branch Executive members give the President 30 days' written notice.
• Resignation at executive levels is accepted only by Council.

Removal

Removal of a National or Branch Executive member requires a two-thirds (2/3) majority vote of Council after written charges, appearance before an investigation committee and acceptance of guilt.

Expulsion

A member may be expelled where conduct is inimical or prejudicial to the Association, where the member's license is withdrawn by the Customs Authority, where the business is liquidated, or where Council finds through investigation that conduct has put the Association into disrepute and confusion.

11Meetings

• Monthly Branch General Meetings: Branches meet monthly; minutes are to be sent by the Secretary not later than the 21st day of the succeeding month.
• NEC Meetings: NEC meets at least once a month.
• National Delegates Conference: NEC summons the Conference every year; branches receive written notice at least 60 days before the date, and not more than 12 months may elapse between conferences.

National Delegates

• All Council Members
• All National Executive Committee members
• Two delegates from each corporate member (company)
• Two delegates from each Branch

Conference Business

1. President's report
2. Treasurer's report
3. Situational reports from Branches
4. Auditor's report
5. Consideration of constitutional amendments
6. Any other business

Emergency Meetings

The President in consultation with Council may summon an emergency NEC meeting. One third of the entire membership from every Branch may call an Emergency National Delegate's Conference, and NEC may also call one by a one-third majority.

12Elections

• National Executive elections take place at a National Delegates Conference.
• Elections are by secret ballot and supervised by an Electoral Officer appointed by Council before the Conference.
• Each Branch organizes its own elections.
• National and Branch Executive tenure is four years.
• A candidate who serves two terms as President/Chairman shall not be eligible to contest for any post.
• Vacancies in National or Branch Executive Committees between elections are filled by bye-election.

13Welfare

• There shall be a seven-member National/Branch Welfare Committee appointed by NEC/BEC respectively; one member shall be the Treasurer.
• The 2nd Vice President chairs the Welfare Committee.
• Determination of member benefits and disbursement of welfare funds are the responsibility of the Welfare Committee and are to be made into bye-laws.
• The Welfare Secretary keeps welfare fund accounts and must have good accounting knowledge.
• The Welfare Committee makes bye-laws regulating payment of benefits.
• A copy of the bye-laws is deposited with NEC before implementation.
• Bye-laws have the same force and validity as other constitutional provisions.

14Politics

15Transitional Provisions

• The person serving as President immediately before commencement is deemed duly elected, assumes office on commencement, is sworn in and serves four years until elections are held.
• Members of the NEC immediately before commencement are deemed duly elected members, are sworn in on commencement and serve four years before elections.
• Persons holding office immediately before commencement continue as if appointed under the Constitution and subscribe to the oath in the Second Schedule.

16Amendments

1. An amendment may be proposed by a member through the Branch and seconded by at least five members from other Branches. Proposals are special resolutions submitted to the National Delegates Conference through NEC at least 30 days before the Conference.
2. Amendments require simple-majority support of the respective member's Branch at a General Meeting before the National Delegates Meeting.
3. Amendments are voted upon and carried by a two-thirds (2/3) majority of delegates present at the National Delegate Conference.

17Date of Commencement

This Constitution shall come into force on ......................................... in the year of our Lord TWO THOUSAND AND SIXTEEN.

Interpretation

Second Schedule — CUBAG Oaths

The supplied Constitution contains oaths for the President, Vice-President, NEC members and Council members.