Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of October 23, 2003 No. 974

About approval of Rules of collection of payments for use of subsoil, sites of bottom and the water area of the sea

(as of September 12, 2008)

For the purpose of ensuring execution of the Law of the Azerbaijan Republic "About subsoil" I decide:

1. Approve "Rules of collection of payments for use of subsoil, sites of bottom and the water area of the sea" (are applied).

2. This Decree becomes effective from the date of signing.

 

President

Azerbaijan Republic Heydar ALIYEV

Approved by the Presidential decree of the Azerbaijan Republic of October 23, 2003 No. 974

Rules of collection of payments for use of subsoil, sites of bottom and water area of the sea

1. These rules are prepared according to the Law of the Azerbaijan Republic "About subsoil" and the Presidential decree of the Azerbaijan Republic of April 27, 1998 No. 701 "About application of the Law of the Azerbaijan Republic "About subsoil" and establish rules and conditions of collection of payments for use of subsoil, sites of bottom and the water area of the sea, and also the amount of payment and criteria of its appointment.

2. Treat payments for use of subsoil, sites of bottom and the water area of the sea payments for search and investigation of mineral deposits, and also construction and operation of the underground constructions which are not connected with mining. Payments are paid in the State fund for recovery of base of mineral raw materials.

3. Payments for mining are paid according to the Law of the Azerbaijan Republic "About the tax of trade". Within the mountain branch provided for mining, the payment for investigation of minerals is not levied from the user.

4. Execution of these rules is obligatory for all users subsoil irrespective of pattern of ownership and legal form.

5. Payments for use of subsoil, sites of bottom and the water area of the sea depending on types of use can be made in the form of money payments, part of the extracted mineral raw materials or other products made by the user, rendering services. The payment method is established within the powers by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic and the Ministry of Emergency Situations.

6. The amount of payment for search and assessment of mineral deposits is established by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic depending on type of mineral, economical and geographical conditions of the area and constitutes 1-2 percent of cost of the forthcoming works.

7. The amount of payments for conducting search and estimative works of mineral deposits is established for each square kilometer of the site and for every year. Annual payments for 1 square kilometer of the site are estimated by division of general regulation of payment (1-2 percent of total cost of works) into the site of the taken-away territory and terms of work.

In case of return by the subsoil user of part of the site where search and estimative works are carried out, it is exempted from the subsequent payments for this site.

8. Conditions of collection of payments for investigation of mineral deposits same, as well as during the search works. The amount of payment for investigation is established by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic and constitutes 3-5 percent of cost of the forthcoming works.

9. In case of prolongation of term of use of subsoil for completion of search and prospecting works the amount of previously established payment increases in time 1,5. Upon completion of search and prospecting works tax authorities perform recalculation of the amount of payments taking into account the cost of the actual works.

10. If along with search and prospecting works mineral production is conducted, payments for production of this mineral are paid according to the Law of the Azerbaijan Republic "About the tax of trade".

11. The amount of payments for use of subsoil for the purpose of construction and operation of the underground constructions which are not connected with mining is established by the Ministry of Emergency Situations depending on the sizes of borders, usefulness of the subsoil transferred to use of the level of danger of violation of ecological balance in case of their use and mining conditions and constitutes 1-3 percent of cost of the services rendered in case of their operation. Payments join in cost of constructions.

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