Actualization 22.02.2012

In accordance with the international practice and in the capacity of an independent organization which is a member of the International Chain of Chambers of Commerce, ICC -Paris, Eurochambres - Brussels and other organizations and institutions, the Bulgarian Chamber of Commerce and Industry issues Force-Majeure Certificates. The Force-Majeure Certificate is a document for relieving 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) circumstance is an unforeseen and irresistible event of emergency nature arisen after the conclusion of the contract.

The force majeure certificates are issued upon request of a Bulgarian tradesman who has fallen into objective impossibility to fulfil their contractual obligations to foreign or Bulgarian partners because of certain unpredictable and unavoidable (force-majeure) circumstances, i.e. fire, natural disasters, accidents, wars, earthquakes, governmental restrictions, strikes etc.

Documents issued by an independent organization proving indisputably the arisen force-majeure circumstances are to be enclosed to the application form.

The Force-Majeure Certificate should contain information about:

• the parties of the contract;
• Reference No ., date and place of conclusion of the contract;
• term of contract;
• defining the circumstances that have hindered or delayed its fulfillment, the place and time of their occurrence, their duration, other information useful for identifying the causation between them and the complete or partial non-execution of the obligations under the contract ;
• the certificate should contain only the stated factual circumstances without their juridical assessment.

The Force-Majeure Certificate is printed on a form with the letterhead of the BCCI, in Bulgarian, English, French, German, Russian or other foreign language at the request of the client. It is signed by the President of BCCI or by another person authorized by him and is stamped with the BCCI’s seal in Bulgarian or English.

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 acknowledged internationally and are accepted as evidence by all international arbitration institutions.

In view of the above said the Chamber recommends to the Bulgarian tradesmen to include a force majeure clause in their foreign trade contracts and its certification shall be referred to the Bulgarian Chamber of Commerce and Industry.

Comprehensive Force Majeure Clause – Example:

“The parties do not bear any responsibility for complete or partial failure in the performance of the obligations under the contract if it is due to “unpredictable force” (force majeure).

“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 such as: fire, industrial accidents, war, natural disasters – storms, downpour, flooding, hail, earthquakes, freezing, drought, landslide and other natural calamities, embargo, governmental restrictions, strikes, riots and turmoil.

The party who allowed the failure in performing its obligations due to the force majeure circumstance should give written notice thereof to the other Party within 10 days of its occurrence as well as the presumed duration and the elimination of the force majeure circumstance.

The certification of the “force majeure” circumstance is accomplished by BCCI issuing a Force Majeure certificate.”

Concise Force Majeure Clause – Example:

“The parties do not bear any responsibility for complete or partial failure in the performance of the obligations under the contract if it is due to “unpredictable force” (force majeure) for which they have duly notified the other Party and submit a Force Majeure Certificate issued by the Bulgarian Chamber of Commerce and Industry”.

Tariff of rates of services (Art. 3, item 6)

The sum may be paid in cash at the Chamber’s cash-desk or remitted to BCCI’s bank account:

BIC: UNCR BGSF
IBAN: BG 25 UNCR 7630 1000 3081 19
BANK “UNICREDIT BULBANK”
7, Sveta Nedelya Sqr., Sofia

If you would like to receive the ready certificates/reference of the BCCI by post, kindly notify us about that and pay additional 6.00 BGN /VAT incl./ to the price of the service for postage expenses.

Contact details: Trade R egister
Zdravka Georgieva, Rossitsa Spassova   Tel.: (+359 2) 8117 476, 8117 551, 987 88 84, 988 45 05    Fax: (+359 2) 987 32 09    Z.Georgieva@bcci.bg, R.Spassova@bcci.bg