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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF AZERBAIJAN

of July 26, 2006 No. 185

About stimulation of export of some types of activity in the Azerbaijan Republic

(as amended on 13-05-2016)

 For the purpose of implementation of complex measures for ensuring development of the oil and gas spheres which are one of main objectives of oil strategy of the Azerbaijan Republic, including work in the full capacity of the operating infrastructure, creating favorable conditions for implementation of the oil and gas transactions which are conducted in foreign countries with active participation of this infrastructure, determination of perspectives of job security of the specialists occupied in this sphere, creations of attractive economic regimes for investment of investments by foreign oil and gas companies to the respective production spheres of the Azerbaijan Republic, increase in production of oil mechanical engineering and the equipment such, occupations with the Azerbaijan Republic of the leading place in the international export markets in this sphere, the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of representation of privileges for import transactions on oil and gas activities for the purpose of export" (are applied).

2. Add the resolution of the Cabinet of Ministers of the Azerbaijan Republic of April 22, 1998 with No. 91 "About rates of customs duties on export-import transactions in the Azerbaijan Republic" subitem 4.11 of the following content:

"4.11. the equipment and materials connected with oil and gas activities for the purpose of export (in case of representation to customs authorities of the approved list of the equipment and materials imported to the Azerbaijan Republic by the State Oil Company of Azerbaijan Republic on oil and gas activities for the purpose of export)".

3. Add the resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 31, 2005 with No. 11 "About the inventory, exempted from the value added tax when importing to the territory of the Azerbaijan Republic" by subitem 1.12 of the following content:

"1.12. the equipment and materials connected with oil and gas activities for the purpose of export (in case of representation to customs authorities of the approved list of the equipment and materials imported to the Azerbaijan Republic by the State Oil Company of Azerbaijan Republic on oil and gas activities for the purpose of export").

4. To the Ministry of Economics of the Azerbaijan Republic, the Department of Energy of the Azerbaijan Republic, the Ministry of Finance of the Azerbaijan Republic, the State Customs Committee of the Azerbaijan Republic and the State Oil Company of Azerbaijan Republic to resolve the issues connected with execution of this resolution within the powers.

5. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 26, 2006 No. 185

Rules of representation of privileges for import transactions on oil and gas activities for the purpose of export

1. These rules regulate provision of privileges for the transactions performed outside the Azerbaijan Republic on investigation of crude oil and natural gas, assessment, development, production, production stabilization, awakening, giving under pressure, to collection, storage, placement, loading, transportation, sale and (or) liquidation and import and export transactions connected with any activities relating to these transactions (further - oil and gas activities for the purpose of export) for the purpose of ensuring development in the Azerbaijan Republic the oil and gas industry, including work in the full capacity of the operating infrastructure, creating favorable conditions for implementation of the oil and gas transactions which are conducted in foreign countries with active participation of this infrastructure, determination of perspectives of job security of the specialists occupied in this sphere after completion of oil and gas projects creation of attractive economic regimes for investment of investments into the respective production spheres by foreign oil and gas companies, increases in the export potential of oil mechanical engineering and works and services in production and adjusting of this sort.

2. These rules extend to the legal entities having the agreement signed with the foreign customer (further - the Contractor), and the legal entities and physical persons representing goods in connection with oil and gas activities for the purpose of export for the adjacent agreement (further - the Subcontractor). For the purpose of these rules the agreement signed with the foreign customer is meant as the contract agreement signed by persons performing oil and gas transactions outside the Azerbaijan Republic, and effectual in law the direct agreement the agreement signed between the Contractor and the Subcontractor in connection with oil and gas activities for the purpose of export is meant the adjacent agreement the agreement signed between subcontractors in connection with oil and gas activities for the purpose of export is meant.

3. Contractors file in the State Oil Company of Azerbaijan Republic petition for receipt of privileges for oil and gas activities for the purpose of export and about registration of the list of the equipment and materials which will be imported to the Azerbaijan Republic, with indication of quantity by years (quarters) (further - the list of import). It is necessary to enclose the following documents to the application:

3.1. the agreement signed with the foreign customer, and which is its component the list of import in 3 (three) copies with indication of the codes corresponding to the commodity nomenclature of foreign economic activity;

3.2. signed agreement on capacities of the companies of the oil and gas industry of the Azerbaijan Republic, including on use of infrastructure;

3.3. the guaranty letter determining perspectives of employment of local specialists.

4. For registration of the list of import it is necessary to put to the application submitted by the Subcontractor in addition to the documents specified in Item 3 of these rules, the copy of the direct or adjacent agreement signed with the corresponding Contractor certified of notarial procedure and the letter of the Contractor sent to the State Oil Company of Azerbaijan Republic, confirmatory participation of the Subcontractor in oil and gas activities of the Contractor for the purpose of export.

5. After obtaining by the State Oil Company of Azerbaijan Republic of the documents specified in Items 3 and 4 of these rules compliance of these documents to the purposes of these rules is studied. In case of not identification of shortcomings of the submitted documents, the State Oil Company of Azerbaijan Republic within 15 (fifteen) working days after receipt of documents makes confirmatory record on each page of the list of import with indication of the signature and position of the responsible official. During this period the State Oil Company of Azerbaijan Republic has rights of receipt of the additional information and references concerning the documents specified in Items 3 and 4 of these rules at the contractor, subcontractor and other relevant companies and the organizations.

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