Version originale
Chapitre 1
GENERAL PROVISIONS
Article 1
(1) As part of legislation governing commercial activities, this law lays down special rules applicable to tourist and leisure activities.
(2) It seeks to contribute towards:
- developing the economy;
- ensuring the emergence of a competitive tourist and leisure private sector;
- promoting the national culture;
- fostering national integration and the intermixing of peoples;
- protecting and safeguarding national tourist and cultural values as well as the environment;
- promoting well-being and individual development;
- developing the cultural and natural heritage for tourism and leisure purposes;
- ensuring universal access to leisure;
- and promoting healthy and educative leisure.
Article 2
(1) This law shall apply to any activity which contributes towards providing accommodation and catering services, satisfying the needs of persons travelling either for their pleasure or professional reasons and providing leisure services or any activity organized simply for entertainment purposes.
(2) The activity referred to in subsection (1) above must be for tourism or leisure-related reasons, notably:
- the organization of tours and holidays;
- the construction, extension, transformation or operation of a tourist establishment;
- the development, operation or protection of a tourist site;
- the development, construction, extension or operation of a recreational facility;
- the organization of a holiday or leisure;
- the organization of socio~cultural events for leisure.
Article 3
Within the meaning of this law and its implementing instruments, the following definitions shall apply:
Leisure activity: physical, recreational, sporting, cultural, intellectual or scientific activity organized solely for relaxation, entertainment and capacity building;
Holiday activity: activity organized during holidays to entertain youths and children through healthy and educational leisure;
Tourist agency: any enterprise set up by a natural or legal person to organize and directly and habitually sell to the public, for a fixed amount or on a commission basis, individual or group tours and holidays as well as any allied activity;
Approval: document required by law to engage in tourist guide and recreation facilitator activities;
Recreation facilitator: any person with references and professional skills, approved by the competent Ministry, to carry out leisure activities;
Furnished apartment: an apartment with facilities, that is hired out by the owner to a customer for a specific duration;
Authorization: document required by law to construct, transform, extend and operate a tourist establishment, a leisure facility or to organize a holiday and recreational activity;
Classification: regulatory categorization according to preestablished standards in the hotel, tourism and leisure sector;
Leisure complex: developed geographical area owned by a natural or legal person where several leisure activities of various types take place such as entertainment, hotel and catering, shops or services and sporting or relaxation activities;
Leisure establishment: commercial structure offering to the public leisure services, notably music amusements and various recreational activities. It may sell light meals and beverages. It may be standing aione or incorporated into a hotel or leisure complex.
Tourist establishment: enterprise set up by a natural or legal person to provide accommodation and catering services to the public;
Classified tourist or leisure establishment: enterprise meeting the classification standards in the tourism and leisure sector;
Unclassified tourist or leisure establishment: enterprise not meeting the classification standards in the tourism and leisure sector;
Tourist guide: person with references and professional skills, approved by the Ministry in charge of tourism and leisure who, on a full or part-time basis, is responsible for accompanying tourists visiting monuments, museums and tourist sites, or any other tourist attractions, while providing them with any useful information and explanations;
Leisure facility: built-on or non-built-on area designed to host leisure and/or holiday facilities and activities. Leisure facilities comprise leisure establishments, leisure parks and holiday and leisure centres;
Licence: document required by law to operate an entity for organizing tours and holidays.
Recreation instructor: any person with professional references and skills, approved by the competent authority, for carrying out a specific leisure activity;
Tourist office: any corporate body set up by a local and regional authority for the development and promotion of tourism;
Leisure park: developed enclosed recreational area comprising various types of attractions. Leisure parks comprise amusement parks and recreational parks;
Tourist site: any natural landscape or artificial national resource of cultural, aesthetic, historic, scientific, legendary and artistic value used and conserved for tourism purposes;
Tourist station: locality founded and operated by public authorities or a private body that promotes holidays and recreational activities for people coming for a brief stay.
Tour and holiday organizing entity: a tourist agency or, as the case may be, a tour operator.
Tourist board: tourist association responsible for receiving and informing the public locally.
Tour operator: enterprise set up by a natural or legal person to design and prepare tourist products in a habitual manner and to sell them to the public directly or indirectly and for a fixed amount or on a commission basis.
Charter flights: non-scheduled public air transport services for tourists.
Article 4
(1) In implementing the provisions of this law, the Government shall, in accordance with the Global Code of Ethics for Tourism, prevent any use of tourism for prostitution purposes by taking appropriate measures to combat pimping and sex tourism.
(2) In accordance with the United Nations guidelines for the protection of children, the Government shall particularly stop sex tourism involving children and any child exploitation in the area of leisure.
Article 5
(1) The Government shall be responsible for implementing this policy, in conjunction with local and regional authorities.
(2) To that end, the Government shall formulate national strategies, programmes and plans, notably to:
- facilitate the entry and stay of tourists in Cameroon;
- promote and develop tourism and leisure for all;
- promote investments in the area of tourism and leisure.
Chapitre II
CONDITIONS FOR CARRYING OUT TOURISM AND LEISURE ACTIVITIES
Article 6
Any natural or legal person shall be free to engage in tourist and leisure activities in Cameroon subject to compliance with the laws and regulations in force, as well as the fulfillment of the professionalism requirements in accordance with the international standards and practices in this domain.
Article 7
(1) Any commercial and industrial tourist or leisure activity shall be subject, as the case may be, to prior authorization, approval or licence issued by the Ministry in charge of tourism and leisure, after the compulsory opinion of the commission referred to in Section 10 below.
(2) The following shall be subject to the authorization regime:
- construction, transformation or extension of a tourist establishment;
- development, construction or extension of a leisure facility;
- operation of a tourist establishment providing accommodation services;
- operation of a tourist establishment providing catering services;
- Operation of a leisure facility; and
- organization of a leisure or holiday activity.
(3) The following shall be subject to the approval regime:
- tourist guide activity;
- recreation facilitator activity;
(4) The Operation of an entity for organizing tours and holidays shall be subject to the licence regime-
Article 8
The development or operation of a national, regional or local tourist site shall comply with the specifications previously rendered enforceable by order of the Minister in charge of tourism and leisure, after the compulsory opinion of the commission referred to in Section 10 below.
Article 9
The conditions for granting the authorizations, approvals and licences referred to in Section 7 above shall be laid down by regulation.
Article 10
(1) An advisory commission responsible for issuing opinions on the application, suspension or withdrawal files of the operation permits referred to in Section 7 above is established in the Ministry in charge of tourism and leisure.
(2) The composition, organization and functioning conditions of the advisory commission referred to in 10 (1) above shall be laid down by regulation.
Article 11
The granting of authorizations, licences, approval of the specifications provided for in Section 9 above shall be subject to payment of a fee of an amount which shall be fixed by the finance Law.
Article 12
Any tourist office or board must, prior to starting activities, declare such activities to the Ministry in charge of tourism and leisure under conditions laid down by regulation.
Article 13
The authorizations, approvals and licences provided for by this law shall be personal. However, they may be transferred after prior agreement by the Ministry in charge of tourism and leisure in the event of death, transfer of business, reorganization or dissolution of the tourism office or board.
Article 14
(1) Tourist establishments, facilities for organizing tours and holidays, tourist sites, leisure facilities and leisure activities shall be classified.
(2) The conditions for classifying or downgrading them shall be laid down by regulation.
Article 15
(1) A sign board placed at the main entrance to the entity or at a visible spot shall indicate the type and classification of the facility for organizing tours and holidays tourist establishment leisure facility and tourist site concerned. (2) The sign board shall be provided by the Ministry in charge of tourism and leisure. It shall be subject to payment of an annual fee and tax laid down by the finance Law. it shall remain State property. SECTION 16: Any person operating a classified facility for organizing tours and holidays, tourist establishment, leisure facility and tourist site, any leisure activity organizer shall be bound to produce statistical documents drawn up according to a frequency set and model adopted by the Ministry in charge of tourism and leisure.
Article 17
(1) No person may perform the duties of director or manager of a classified facility for organizing tours and holidays, a tourist establishment, tourist site, leisure facility or leisure activity without having the professional qualifications required for each case as laid down by regulation.
(2) Where the director or manager is replaced, the promoters of the establishments or activities referred to in (i) above shall, under pain of sanctions stipulated in Section 40 herein below, inform the Ministry in charge of tourism and leisure accordingly in writing within 15 (fifteen) days.
Article 18
(1) Any person engaging in a tourist or leisure activity governed by this law shall be subject to control by sworn officers of the Ministry in charge of tourism and leisure and shall be bound, to that end, to provide all such officers with any information necessary for conducting such controls.
(2) The officers referred to in (1) above shall be bound to professional secrecy and the regulations relating to competition.
Article 19
(1) The authorizations, approvals and licences may be suspended in the following cases:
- lack of insurance;
- non-compliance with hygiene, safety and health standards or operating regulations;
- non-compliance with leisure activity organization standards;
- non-payment of tourist and leisure industry taxes and fees;
- employment of a director or manager in violation of the provisions of this law;
- refusal or violent obstruction of sworn officers or any other control provided for by instruments in force, from freely carrying out their duty;
(2) The activity suspension decision shall determine the duration of such suspension, which shall not exceed one (1) year, and shall clearly indicate the formalities to be fulfilled by the holder in order to be rehabilitated.
(3) The suspension decision shall be taken by the Ministry in charge of tourism and leisure after a formal notice served by sworn officers during the discharge of their duties.
(4) At the expiry of the suspension period and, in case of failure to remedy the reasons for suspension, withdrawal of the permit in question shall be pronounced (3) three months after an unheeded formal notice.
Article 20
(1) The authorizations, approvals, and licenses referred to in Section 7 above shall be withdrawn in the following cases:
- cessation of activity by the recipient for a period of 12 (twelve) months and after an unheeded formal notice.
- conviction of the holder for any violation of the provisions of this law and its statutory implementing instruments or for any violation of tax or customs or exchange-related laws;
- conviction of the holder for a felony;
- bankruptcy or liquidation of the holder’s assets;
- use of a forged authorization, licence or approval;
- participation of the holder in a fraudulent transaction relating to an authorization, approval or licence;
- non-compliance with ethical principles;
- child exploitation;
(2) The cessation of activity shall be established following non-regularization of the situation observed within 3 (three) months of the formal notice served by the Ministry in charge of tourism and leisure.
(3) The withdrawal decision shall be issued by the Ministry after the opinion of the commission referred to in Section 10 above, and notified to the holder of the operating permit within 15 (fifteen} days. It shall entail closure of the establishment or cessation of leisure activity.
(4) The suspension or withdrawal conditions shall be laid down by regulation.
Chapitre III
TOURIST, CLIENT OR LEISURE ENTHUSIAST SAFETY
Article 21
(1) Any person operating a facility for organizing tours and holidays, a tourist establishment leisure facility or tourist site, any person organizing leisure activities shall be bound to take out an Insurance company approved by the inter-African Conference of Insurance Markets (CIMA) and the Ministry in charge of insurance to cover the following risks:
- civil liability resulting for bodily injury and/or damaged property of clients or third parties due to mistakes, de facto or de jure errors of omission or negligence committed in the course of activities defined in Section 2 above, either by the operators themselves or by their agents, whether or not salaried;
- additional expenses incurred by clients and directly attributable to the non-provision of services or insufficient provision of services resulting from insolvency or shortcomings of its intermediaries or agents in Cameroon or abroad.
(2) The insurance provided for in Subsection (1) above shall cover all justified claims submitted to the insurance company within the period of validity of the insurance contract and bearing on the services provided by the person concerned.
(3) it shall be mandatory for the structures referred to in subsection 1 above, to have an appropriate safety device under pain of refusal or withdrawal of licence.
(4) The conditions for implementing the provisions of Subsections (1) (2) and (3) above shall be laid down by regulation.
Article 22
(1) Operators of facilities for organizing tours and holidays, tourist establishments, leisure facilities or tourist sites, must publish price lists for the benefit of their clients.
(2) Posted prices must be inclusive of taxes.
Article 23
Any person operating a facility for organizing tours and holidays, tourist establishment, leisure facility or tourist site, any organizer of a leisure activity shall be bound to:
- always maintain all materials and equipment used to provide comfort to clients in a clean state and in working order;
- abide by safety standards governing their operations as established by the competent government services.
Chapitre IV
PROMOTION OF TOURISM AND LEISURE
Article 24
(1) To develop and support the tourism and leisure industry, a special appropriations account is hereby established. The Finance Law shall, each year, determine the specific resources to be allocated to it for the development and support of tourist and leisure activities.
(2) The special appropriations account referred to in Section 24(1) above may, as appropriate, receive:
- contributions from national and international donors;
- any other voluntary contributions;
- proceeds from settlement fines as provided by this law;
- gifts and legacies;
- all other revenues authorized or allocated by this law.
(3) The funds mentioned in Section 24(1) and (2) above shall be used solely for the development of the tourism and leisure industry.
Article 25
(1) The operation of charter flights from all tourist-generating countries within the framework of package tours is hereby authorized.
(2) The conditions for implementing Section 25(1) above shall be laid down by regulation.
Article 26
(1) A National Tourist and Leisure Board is hereby established. It shall be responsible for supporting the Government in defining, implementing, monitoring and assessing the national tourism and leisure policy.
(2) The composition, organization and functioning of the Board shall be laid down by regulation.
Article 27
Special measures shall be laid down by a special instrument in the domains of tax, customs, land tenure and State property incentives shall be granted within the context of the Finance Law or specific laws to promote investment in tourism or leisure, enhance the competitiveness of national tourist products and develop leisure for all.
Chapitre V
OFFENCES AND PENALTIES
Article 28
The following shall constitute violations of this law:
- carrying out tourist and leisure activities without authorization;
- carrying out tourist and leisure activities using an unduly transferred authorization;
- continuing tourist and leisure activities in defiance of an order suspending or withdrawing the operating licence;
- occupying or operating a tourist site without duly approved specifications;
- operating a classified entity for the organization of tours and holidays, a tourism establishment, leisure facility or tourist site under a category not corresponding to the category to which it belongs;
- non-compliance with construction and operating standards, as well as standards for organizing leisure activities;
- failure to post prices;
- failure to submit or late submission of statistics;
- submission of deliberately incorrect statistics;
- failure to post or fraudulent posting of signs;
- using fraudulent signs or posting ambiguous signs or decorations regarding the classification of the establishment, the tourist site of the facility or leisure activities;
- polluting, destroying or damaging tourist sites or leisure facilities;
- failure to produce a medical certificate certifying the health status of employees;
- lack of fire prevention or fire-fighting measures;
- hiring a director or manager who does not meet the requirements of the law;
- failure to declare the replacement of the director or manager of a tourist and leisure establishment;
- lack of insurance policy;
- violating police requirements regarding clients’ registration;
- child labour for tourist or leisure purposes;
- sexual exploitation of children in the tourist or leisure sector;
- practicing sexual tourism and procuring;
- non-compliance with hygiene and sanitation rules;
- lack of specification sheets for recreational facilities.
Paragraphe I
SETTLEMENT
Article 29
Without prejudice to the prerogatives of the Public Prosecutor and criminal investigation officers with general jurisdiction, violations of this law and its implementing instruments shall be established by sworn officials of the Ministry in charge of tourism and leisure or any other Government services duly appointed for that purpose, in conformity with the law governing commercial activity or, as the case may be, in conformity with the legislation governing prices.
Article 30
(1) The Ministry in charge of tourism and leisure alone shall be competent to rule. Offenders should duly refer matters to this Ministry.
(2) The offender’s request for a settlement shall stay administrative procedure. It must precede any judicial procedure, under pain of nullity.
(3) The settlement amount shall be established by the Administration in charge of tourism. This amount may not be less than the corresponding minimum of the criminal fine.
(4) The payment of fines and settlement fees shall stay administrative procedure.
(5) Settlement shall not be taken into account in case of repeated offense.
(6) Settlement proceeds shall be fully paid into the appropriation account provided for by this law.
Article 31
(1) in the absence of settlement or in case of failure to execute the settlement, after prior notification of the offender, administrative procedure shall follow its course.
(2) The conditions for initiating administrative procedure shall be specified by regulation.
Paragraphe II
CRIMINAL PENALTIES
Article 32
Whoever constructs, transforms or extends a tourist establishment, a leisure facility without prior authorization, or whoever develops a tourist site without approval of the related specifications shall be liable to a fine of from CFAF 50 000 to CFAF 1 000 000.
Article 33
Any person granted authorization to operate a tourist establishment, tourist site, leisure facility who fails to conform to the plans and specifications submitted and approved by the Ministry in charge of tourism and leisure shall be liable to a fine of from CFAF 50 000 to CFAF 500 000.
Article 34
The following shall be liable to a fine of from CFAF 100 000 to CFAF 500 000 :
- whoever carries out activities related to the profession of tourism guide or leisure facilitator without approval;
- whoever runs a tourist establishment or leisure infrastructure without the appropriate licence;
- whoever operates a facility for organizing tours and holidays without the appropriate licence;
- whoever organizes a leisure activity without the appropriate licence.
Article 35
(1) Whoever occupies or runs a touristic site without approved specifications shall be liable to a fine of from CFAF 100 000 to CFAF 1 000 000.
(2) Without prejudice to the penalties provided in Article
187 of the Criminal Code, whoever degrades destroys or pollutes a tourist site shall be punished in accordance with the provisions governing the protection of the cultural and natural heritage.
Article 36
Whoever, as a tourist and leisure operator, fails to take out an insurance policy to guarantee the accountability of their establishment shall be liable to a fine of from CFAF 100 000 to CFAF 500 000.
Article 37
(1) Whoever, as an operator of a tourist establishment, leisure facility or classified tourist site, fails to post the sign provided for by law shall be liable to a fine of from CFAF 10 000 to CFAF 50 000.
(2) The fines provided in Section 37(1) above shall be doubled in the case where a sign of fraudulent origin is posted or a sign is posted fraudulently.
Article 38
(1) Whoever runs a vocational tourism, hotel management or leisure centre without a joint authorization by the Ministry in charge of tourism and that in charge of vocational training shall be liable to a fine of from CFAF 100 000 to CFAF 500 000.
(2) Whoever runs a tourism, hotel management and leisure vocational training institution and violates the standards homologated by the Ministry in charge of tourism and leisure shall be liable to a fine of from CFAF 50 000 to CFAF 200 000.
Article 39
Whoever operates a facility for organizing tours and holidays, a tourist establishment, a tourist site or leisure facility under a category which does not correspond to the grade to which it belongs shall be liable to a fine of from CFAF 100 000 to CFAF 1 000 000.
Article 40
Any promoter of a tourism or leisure business who hires an unqualified director or manager or who fails to declare the change of director or manager in their establishment shall be liable to a fine of from 50 000 CFAF to 250 000 CFAF.
Article 41
Whoever operates a tourism business or leisure facility without having a fire extinguishing device shall be liable to a fine of from 50 000 CFAF to 500 000 CFAF.
Article 42
(1) Whoever operates a tourism business or leisure infrastructure, or who organizes a leisure activity in violation of hygiene and sanitation rules established by the competent authorities shall be liable to a fine of from 50 000 CFAF to 100 000 CFAF.
(2) Whoever, as a promoter of a tourism business, leisure facility or leisure activity, fails to subject their employees to periodic medical check-up shall be liable to the fines provided for in Section
42(1) above.
Article 43
(1) Any operator of the tourism and leisure industry, director or manager of a tourism or leisure business who displays human beings in a show for tourists without consideration for their dignity shall be liable to a fine of from CFAF 200 000 to CFAF 500 000.
(2) The penalties provided for in Section 43(1) above shall be doubled in the case of exploitation of the prostitution of others, regardless of the form.
SECTIQN 44: (1) Notwithstanding the penalties provided by the Criminal Code regarding crimes against morality involving children, whoever uses child labour for tourist or leisure purposes shall be liable to a fine of from CFAF 1 000 000 to CFAF 2 000 000. However, shows involving children under conditions prescribed by the labour code shall not be considered to be use of child labour under Section 44(1) above.
(2) The penalties provided in Section 44(1) above shall be doubled in the case of sexual exploitation of children, regardless of the form.
Article 45
Whoever fails to submit statistics, as required by law, to the Ministry in charge of tourism and leisure or who submits deliberately incorrect statistics shall be liable to a fine of from CFAF 50 000 to CFAF 500 000.
Article 46
The following shall be liable to a fine of from CFAF 200 000 to CFAF 500 000 :
- whoever fraudulently rents or transfers a licence to a third party, regardless of whether such transfer is free of charge or for a consideration;
- whoever uses the authorization of a tourism or leisure/business or leisure activity, obtained through a fraudulent transfer.
Article 47
The price-related offenses provided for by this law shall be penalized in conformity with the legislation governing prices.
Article 48
(1) The maximum of penalties shall be doubled in case of a further offence.
(2) Without prejudice to the criminal penalties provided for by this law, the Minister in charge of tourism and leisure may order the closure of a tourist or leisure business, or a leisure activity involved in the commission of an offence, after receiving the opinion of the competent committee.
(3) The closure of a tourist or leisure business, or a leisure activity shall be automatic in case of conviction for sexual offences involving children.
Chapitre VI
MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS
Article 49
The conditions for opening secondary or higher education level for tourism and/or hotel management and leisure institutions, tourism and leisure vocational training centres, as well as the control of such institutions, shall be laid down by regulation.
Article 50
(1) Local tourist sites shall fall within the jurisdiction of local and regional authorities.
(2) Other powers may, as appropriate, be devolved to local and regional authorities by regulation.
Article 51
(1) Any person engaged in one of the activities governed by this law shall be allowed 12 (twelve) months from its date of enactment to comply with its provisions.
(2) Without prejudice to the implementation of the provisions penalizing the lack of a licence, the Minister in charge of tourism and leisure shall, as an interim measure and after prior notification, order the closure of any establishment engaged in tourist or leisure activity without the licence provided for by this law.
Article 52
(1) Legally established professional associations and unions shall ensure compliance with the ethics and fair competition principles that are indispensable to tourist and leisure activities, and the laws and regulations in force, as well as the customs and practices of the profession.
(2) The associations and unions referred to in Section 52 (1) above may contact any examining or trial court or, where necessary, be part of any court action taken by the Legal Department or any other interested party against any person accused of violating the laws and regulations in force on tourist and leisure activities.
Article 53
The statutory instruments shall, as and when necessary, lay down the conditions for implementing this law.
Article 54
All previous provisions repugnant hereto, notably those of Law No. 98/6 of 14 April 1998 on tourist activity are hereby repealed.
Article 55
This law shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French./