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On 11 July 2018, the Prime Minister issued a controversial decision prohibiting the organization or holding of a festival or event without receiving prior approval from the Ministry of Culture (the “Decree”).[1] The Decree states that festivals already operational prior to its issuance are to adjust to its provisions within three months (i.e. by 10 September 2018).

Scope

The Decree’s scope is quite broad. It provides a definition of festivals and events that are subject to its provisions that includes “all cultural and artistic events of a festive nature, whether local or international.” The scope is not limited to national festivals or events on a certain scale, but rather it includes all events, whether they are held by a government entity, a non-governmental organization, or the private sector. In addition to the issue of being unnecessarily broad, the definition of scope is constructed in vague and confusing language. It goes on to state that the defined events “aim to enhance innovation and preserve Egyptian cultural identity in its various forms, reinforce sustainable cultural, economic and social development, and effectuate cultural exchange between Egypt and the rest of the world.” Such wide-ranging terms have no place in a legislative context. In fact, the effect of this Decree is to limit all events and festivals in Egypt to those that are held with the purpose of preserving Egyptian cultural identity, reinforcing development, and effectuating cultural exchange.

Supreme Committee for Festivals and Events

Although a committee with the power to issue festival approvals already existed under the auspices of the Ministry of Culture, the Decree provides for the formation of a permanent supreme committee for the organization of festivals and events (the “Committee”), with new composition. The Committee is to be headed by the Minister of Culture and comprise representatives from the Ministries of Interior, Foreign Affairs, Finance, Tourism, Antiquities, Civil Aviation, Youth and Sports, and Local Development. In addition, members will include a representative from the Cabinet’s general secretariat, the heads of artistic and literary syndicates, and “an appropriate number” of experts in cultural and artistic fields to be chosen by the Minister of Culture.

Committee Responsibilities

• Looking into the holding of festivals/events, following up on their implementation, evaluating them and providing regular reports on them to the Ministry of Culture.
• Coming up with an annual schedule of festivals and events for the whole year, while ensuring that these events do not overlap, and maintaining “cultural justice” in their distribution. This provision prohibits that two events in similar fields be held simultaneously within the same governorate.
• Determining whether the government should provide financial/logistical support to events held by non-governmental entities. Said support must not exceed 40% of the event’s budget.
• Ensuring that other government bodies do not provide financial support to an event that has already received government support.
• Coordinating with Governors to ensure that no events are held without the stated license.

Private Sector and Non-Governmental Organizations

Entities outside the public sector that wish to organize an event must apply to the Committee for the license, given that the organizing entity is established under Egyptian law and has obtained the proper licensing to operate its activities. NGOs must have “tangible activity” for social service in the same field as the event. Private sector companies must be at least 51% owned by Egyptians and must have a minimum capital of EGP 500,000. It is unclear why an NGO that works in a certain activity should be prohibited from holding an event – such as for fundraising – that is in a field other than its field of operations. In addition, the nationality and minimum capital requirements are extremely limiting given that the definition of the activities that are prohibited under this Decree are as broad as “any cultural or artistic event of a festive nature”.

Application for Licensing

The Decree places no requirement on the Committee to respond to the entity that applies to hold an event within a given deadline, or to state its reasoning. Rather, it provides that any entity wishing to hold an event at any point of the year must submit an application within the month of June. The Ministry is to then prepare an annual agenda of all events. This is unrealistic and unnecessary given the very broad definition of scope. The application must contain the details of the organizers, establishment documents, operational licenses, the type and title of the event, its purpose and location, its financing sources, detailed budget, internal regulations for the event, implementing companies, and audience data. The Minister of Culture has the power to refuse an application for a license to hold an event if its purpose is not to preserve Egyptian identity, reinforce development, or effectuate cultural exchange.

Organizer Obligations

• Holding the event at the time ratified by the Committee. Timing may not be changed except upon the Minister’s approval.
• Withdrawing funds from the event’s account must be by the event’s management.
• If the event is funded by the government, it must maintain its financial and administrative records, appoint an auditor that is certified by the Committee, present a ratified report along with documents showing method of repayment within two months from the end of the event.
• Organizers must allow access of Committee members at any point – if authorized by the Minister – and must present any records upon request during or after the event.

The Minister has the power to undertake “all necessary procedures” to stop the event. This could be temporary or the license might be revoked. In the event that the organizer’s violation constitutes a crime or is “offensive to the reputation of Egypt”, the Minister might decide to appropriate the event, at which point the Minister of Culture can take over holding the event in upcoming seasons. Legal procedures will also be taken against organizers that hold a festival or event without the approval provided in the Decree.

Conclusion

This Decree is problematic on more than one front. In terms of legal drafting, the scope is too broad in that it covers events that are organized by public and private parties and is not limited to festivals or events that receive government funding. Having one centralized annual agenda for private and public-sector events and limiting the number of events that can be held in a governorate at the same time is not conducive to competition. In addition, the Decree lays the legal foundation for policies that are extremely restrictive against small organizations and decentralized cultural events, and not in line with general government direction toward encouraging tourism and investment.   [1] Prime Minister Decree No. 1238/2018 forming a permanent supreme committee for the organization of festivals and events to be headed by the Minister of Culture and comprise representatives from some ministries, Official Gazette, Issue No. 27 (bis) (c), 11 July 2018.