RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of July 16, 2018 No. PP-3857

About measures for increase in efficiency of preparation and projects implementation with participation of the international financial institutions and foreign government financial institutions

For the purpose of further increase in efficiency of preparation and projects implementation with participation of the international financial institutions and foreign government financial institutions:

1. Approve Regulations on procedure for preparation and projects implementation with participation of the international financial institutions and foreign government financial institutions according to appendix.

2. Determine that:

heads of the ministries and departments, signatory financial agreements, agreements on loaning up, project agreements, subsidiary agreements, agreements on delegation of the rights and requirements, engagement letters and other agreements (further - agreements on projects), are authorized to sign on behalf of the Republic of Uzbekistan or the Government of the Republic of Uzbekistan changes, amendments and amendments in agreements on the project according to the procedure, established by this resolution;

the legal conclusions under signed agreements on projects concerning which provision of the legal conclusions is condition for entry into force and also on the state guarantees are issued by the Ministry of Justice in the form acceptable for the international financial institutions and foreign government financial institutions (further - MFI/IPFO), in week time after entering of agreements and guarantees into the Ministry of Justice of the Republic of Uzbekistan;

payment of compensations in case of seizure of land, housebreaking, other structures, constructions or plantings within projects implementation with participation of MFI/IPFO if it is provided by agreements on projects, is performed by authorized bodies according to requirements of MFI/IPFO;

within projects implementation with participation of MFI/IPFO till July 1, 2021 acquired goods (works, services) and vehicles are exempted from customs payment (except for customs fees) according to the list created in accordance with the established procedure, the value added tax, charges in the state trust funds, legal entities - nonresidents of the Republic of Uzbekistan - from the tax discharge on profit of legal entities, physical persons - nonresidents of the Republic of Uzbekistan - from the tax discharge on the income of physical persons;

in case of provision of MFI of paid consulting services they are single suppliers of these services with whom the direct agreements which are subject to registration in special information portal are signed.

3. Determine that:

execution of entrance visas to the foreign specialists participating in projects implementation with participation of MFI/IPFO is performed by the Ministry of Foreign Affairs of the Republic of Uzbekistan according to requests of initiators of projects or the executive agencies without collection of consular and other fees;

issue and prolongation of multi-visas and registration in the place of temporary stay of the foreign specialists participating in projects implementation with participation of MFI/IPFO are performed by the Ministry of Internal Affairs of the Republic of Uzbekistan according to requests of initiators of projects or the executive agencies without collection of the state fee.

4. The working commission on coordination of project development of the Tax code of the Republic of Uzbekistan in the new edition and cancellation of inefficient tax and customs privileges and preferences (B. Mavlonov) to provide:

a) release for projects implementation with participation of MFI/IPFO and warranty period:

goods (works, services) and vehicles acquired at the expense of means of MFI/IPFO - from customs payment (except for customs fees), the value added tax, and also charges in the state trust funds;

legal entities - nonresidents of the Republic of Uzbekistan - from the tax discharge on profit of legal entities;

physical persons - nonresidents of the Republic of Uzbekistan - from the tax discharge on the income of physical persons;

b) distribution of action of the privileges provided in the subitem "an" of this Item for goods (works, services) and the vehicles acquired at the expense of means of the Government budget of the Republic of Uzbekistan, own means of initiators of projects and the executive agencies within projects implementation with participation of MFI/IPFO.

Determine that the amount of the means released as a result of provision of privileges is contribution of the Republic of Uzbekistan to projects implementation with participation of MFI/IPFO.

5. To the state committee of the Republic of Uzbekistan on investments together with the Ministry of Justice to make in the Cabinet of Ministers offers on the changes and amendments in the legislation following from this resolution in a month.

6. To impose control of execution of this resolution on the Prime Minister of the Republic of Uzbekistan A. N. Aripov and the deputy prime minister of the Republic of Uzbekistan - the chairman of the State committee of the Republic of Uzbekistan on investments S. R. Holmuradov.

Appendix

to the Resolution of the President of the Republic of Uzbekistan of July 16, 2018 No. PP-3857

Regulations on procedure for preparation and projects implementation with participation of the international financial institutions and foreign government financial institutions

Chapter 1. General provisions

1. This Provision regulates procedure for preparation and the projects implementation performed fully or partially at the expense of loans (credits) of the international financial institutions and foreign government financial institutions (further - MFI/IPFO) attracted under the State guarantee of the Republic of Uzbekistan or on behalf of the Republic of Uzbekistan (the Governments of the Republic of Uzbekistan).

2. Action of this provision does not extend to projects with participation of MFI/IPFO for which separate decisions of the President of the Republic of Uzbekistan establish other procedure for their preparation and realization.

3. In this Provision the following main determinations are used:

advance borrowed funds - means of loans (credits) granted MFI/IPFO for financing of preparation of the project or on the actions for the project performed before signing of the financial agreement on the project and included further in the amount of the approved loan (credit) attracted to project implementation;

group of realization (coordination) of the project (GRP) - the division (organization) created by the initiator of the project for project implementation support according to the procedure, established by the legislation;

the document of provisional estimate - the preproject document determining key parameters planned to project implementation, MFI/IPFO prepared according to methodology and MFI/IPFO of the estimative document which is base for preparation;

loan negotiations - negotiations between authorized representatives of the Republic of Uzbekistan and MFI/IPFO during which the draft of the financial agreement, condition of provision of MFI/IPFO of loan (credit) and contents of the project are discussed and approved;

borrowed (credit) funds or financing - loans (credits) and money of MFI/IPFO issued to the initiator of the project based on the financial agreement on particular purposes and for certain term;

procurement procedures - set of the actions connected with purchase of goods (works and services), including on a turnkey basis within projects with participation of MFI/IPFO. Procurement procedures include the period of date of approval of procurement plan before registration of the signed contracts;

the initiator of the project (customer) - the state bodies, state-financed organizations and other legal entities initiating project implementation with participation of MFI/IPFO;

the foreign government financial institutions (FGFI) - the foreign government financial institutions performing financing or joint financing of projects in the Republic of Uzbekistan including national banks and funds of development, Eksimbank, loans (credits) of which are attracted by the Republic of Uzbekistan (the Government of the Republic of Uzbekistan) or under the State guarantee of the Republic of Uzbekistan;

the executive agency - the organization (organizations) responsible for project implementation;

the international financial institutions (IFI) - the financial and economic institutions founded on the basis of interstate agreements which member is the Republic of Uzbekistan;

project implementation monitoring - systematic collection, processing and information analysis about the project progress, used for improvement of decision making process and ensuring effective management of the project;

the industry scientific and technical council (ISTC) - the collegiate organ performing consideration of feasibility and sales opportunity of projects which is created under the industry ministries and departments. In case of absence of ONTS, its functions are performed by the collegiate organ created by the initiator of the project according to this Provision;

procurement plan - the document including the list of the planned purchases with reflection of methods, the principles and key parameters of purchases on the project approved with MFI/IPFO and which is part of the feasibility study for the project and preproject documentation which, if necessary, can be updated or change according to the procedure, established by this Provision;

the signer - the ministry, department or the organization, the head or the deputy manager of which is authorized to sign the financial agreement with MFI/IPFO;

the preproject documentation - the documentation which is proving opportunity and feasibility of project implementation in case of the offered parameters and including the estimative document, procurement plan, the feasibility study for the project and procurement documentation;

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