Syria International Trade in Legal Services

Is there legislation governing the legal sector

The Advocates Law, law no.30 of 28 June 2010

Under what title do lawyers practise?

Lawyers in Syria practice under a single title, 'mohamy', which may be translated as 'advocate' or 'lawyer'.

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

According to the Advocates Law no.30, a practising advocate must be registered and in order to register, an individual must satisfy the following conditions: 1. Have full civil capacity; 2. Hold a degree in law from a Syrian University or equivalent; 3. Be less than 50 years old, unless he or she has already practised  in the legal profession or the judiciary for at least seven years; 4.Have held Syrian nationality for at least five years, or the nationality of another Arab country which qualifies for reciprocal recognition; 5. Have a good reputation that inspires confidence and due respect for the profession; 6. Not have been convicted of any criminal offence; 7. Not have been convicted for any crimes that are incompatible with the duties of the profession and its dignity; 8. Not to have ben subject to disbarment for disciplinary reasons or to have been fired from a public  sector post; 9. Be resident in the jurisdiction in which he is registered; 10. Not be infected with an incurable disease; 11. Not to have been dismissed or retired for health reasons.   Trainee lawyers must complete two years of.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The license to practice law in Syria is a national one but advocates must be registered with the Bar Association in the local jurisdiction in which they practise.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

According to the Advocates Law 2010,  advocates are the only class of persons entitled to practise law.

Do you need to hold local nationality to be eligible to practise law?

The practice of law is reserved to Syrian nationals. However article 10 of the Advocates Law states that a practising Arab lawyer registered in one of the member countries of the Union of Arab States has the right to plead before of most of the Syrian courts under certain conditions.

Article 6(7) of the Commercial Companies Law (Syrian Legislative Decree No. 29 of 2011) stipulates that professsionals and specialists may form a civil company under special regulations. The Advocates Law does however state that Syrian lawyers may only have one office unless they are Members of the Board of the Syrian Bar in which case they may also have an office in Damascus for their term of office with the Bar.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The law contains further provisions including articles on fees (which allow contingency fees up to 25%), client confidentiality (which release the lawyer from any obligation to look after client documentation five years after his mandate has elapsed) and a prohibition on acting in a situation of conflict of interest

Do law firms need to receive a "license" (or permission/approval) to practice law?

Regulations concerning law firms have been drawn up following Article 6 (6) of Law No 3 of the Year 2008 on Companies Law 

Which authority issues licences? Are there different authorities for individuals and firms? 

Lawyers are enrolled in the register of Syrian Bar on the basis of a proposal from the local branch of the Bar. If a lawyer moves from one State to another, he must apply to transfer his enrolment. Law firms must deposit their articles of association with the Bar for approval.

Is the jurisdiction a member of the WTO?

Syria is not a member of the WTO but has applied to join. Negotiations are at an early stage.

Has it made any commitments under GATS in legal services?

Not applicable

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

Syria is a party to the Pan Arab Free Trade Area and has a bilateral trade agreement with Turkey. An association agreement has been negotiated with the EU but not yet signed.

The bilateral agreement between Turkey and Syria does not include any provisions on legal services but does provide for the legal protection of nationals of both countries in civil proceedings, access to  legal assistance in civil and commercial matters, and the mutual recognition and enforcement of court decisions in civil and commercial matters.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No

Foreign law firms are not permitted to establish in Syria. Under the Companies Act, foreign companies are not allowed to exercise any activity inside Syria. There is only one known formal association which is between a German firm and Syrian firm.

Not applicable

Business visas may be obtained in advance on the basis of a letter of invitation from the sponsoring Syrian organisation which states the business to be conducted and the status/qualification of the applicant.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

The practice of any law in Syria is reserved to Syrian Advocates. A foreign lawyer could only practice in Syria by taking Syrian nationality and then seeking admission after five years have elapsed, through the examination run by the Ministry of Higher Education.

Not applicable.

Not applicable.

The Syrian arbitration Act provide that an arbitrator need not be of a specific sex or nationality, unless the parties to arbitration agree otherwise. An arbitrator must not be a minor, subject to interdiction or deprived of his civil rights by reason of a judgment against him for a felony or misdemeanor contrary to morality or by reason ofdeclaration of bankruptcy, unless he has
been rehabilitated.

Are foreign lawyers allowed to appear in court under any circumstances?

An Arab lawyer may appear in a Syrian Court at the same level at which he is admitted in his home jurisdiction (e.g. Appeal, Cassation) provided there are reciprocal arrangements in place for Syrian lawyers and the Arab lawyer has obtained the permission of the President of the Syrian Bar.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

Foreign law firms may only practice indirectly through associations with local law firms.  There is no formal licensing regime for foreign law firms which regulates these arrangements. But acccording to article 73 a Syrian lawyer may only accept a mandate from a foreign law firm or company after first obtaining the approval of the Ministry of Internal Affairs.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Not applicable

Not applicable

Not applicable

Lawyers are explicitly prohibited by the Advocates Law from employment in 'foreign companies'.

Not applicable

A foreign lawyer could be employed by a Syrian lawyer or law firm but not as a lawyer and they would not be able to practice law in Syria.

Other useful sources or comments or links

www.syrianbar.com