Commercial Law Development Program (CLDP)

OVERVIEW

Solid legal protections for businesses are critical part of the foundation for long-term economic growth. Afghanistan’s legal regime for commerce is currently underdeveloped.  Commercial laws are poorly written and inconsistently applied, while the country lacks skilled lawyers and judges needed to argue and adjudicate commercial cases. USAID’s Commercial Law Development Program (CLDP) is a vital step towards improving the legal environment for business in Afghanistan. Each of the four program’s components is designed to address a specific gap while complementing the others. The Commercial Law Education Initiative works with universities to improve commercial law education for students, business people, and government leaders. The Commercial Law Implementation component advises entities of the Afghan government on the implementation of legal reforms to support entrepreneurship and business growth. The Commercial Contracting Initiative works with the Afghan private sector to improve commercial contracting practices and help business better utilize legal documentation. The Arbitration Development component works with the Afghanistan Chamber of Commerce & Industries to develop alternative dispute resolution mechanisms that resolve business disputes without resorting to legal action. 

CURRENT ACTIVITIES

  • Private sector workshops on commercial contracts, company formation, insolvency, and other business law topics
  • Short courses in commercial law at American University of Afghanistan and Kabul University
  • Commercial law legal clinics and student competitions at Kabul University
  • Training and advising of the Afghan Chamber of Commerce & Industry on commercial arbitration and mediation
  • Capacity-building for the legal staff of the Ministry of Mines & Petroleum on the administration of international oil, gas and mining contracts
  • Assistance to the Ministry of Communications & Information Technology and the Afghanistan Telecommunications Regulatory Authority on information and communication technology legislation and regulation
  • Capacity-building for the Ministry of Commerce & Industries on the development and implementation of multiple commercial law areas: company law, contracts, competition and consumer protection, and insolvency
  • Development of commercial law training curriculum for the Afghan judiciary 

ACCOMPLISHMENTS

  • Established Afghanistan’s first clinical education program in commercial law at Kabul University
  • Assisted the Competition Promotion & Consumer Protection Directorate of the Ministry of Commerce & Industries in establishing the regulatory framework for competition and consumer protection enforcement. 

Last updated: December 30, 2013

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