RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of November 30, 2023 No. PP-384

About measures for project implementation "Construction and management of the solar photo-electric station of capacity of 100 MW in the Khorezm region on the basis of conditions of public-private partnership"

For the purpose of diversification of sources of production of electricity, satisfaction of the increasing needs of the population and industries of economy for energy resources, reducing use of natural gas in case of power generation, and also broad attraction of direct foreign investments for expansion of scale of operation of sources of renewable energy:

1. Take into consideration that by results of the international tender for financing, designing, construction, start and testing of the "Construction and Management of the Solar Photo-electric Station of Capacity of 100 MW in the Khorezm Region on the basis of Conditions of Public-private Partnership" project (further - the Project) according to the Law of the Republic of Uzbekistan "About public-private partnership" in case of financial and technical support of the International Finance Corporation, and also ownership, maintenance and operation, delivery (realization) of the made electric power, construction of overhead power transmission lines and other electroconstructions for accession of the solar photo-electric station to single system of power industry:

a) the Voltalia company (France) is recognized as the winner of the tender (further - the Winner of the tender);

b) The winner of the tender for project implementation as the private partner in the Republic of Uzbekistan founds SP Sarimay Solar LLC (further - the Private partner);

c) between the Government of the Republic of Uzbekistan on behalf of the Ministry of Economics and finance and the Private partner on behalf of the Winner of the tender the Agreement on the state support according to which the Private partner is signed on April 5, 2023:

performs designing, financing, construction and operation of the solar photo-electric station capacity of 100 MW in the Khorezm region throughout the entire period of project implementation;

attracts direct foreign investments in the amount of by provisional estimate of 68 million US dollars with acceptance on itself possible risks;

d) between JSC Natsionalnye elektricheskiye seti Uzbekistana (further - the State partner) and the Private partner the Purchase agreement of the electric power according to which the Private partner assumes liabilities on is signed on April 5, 2023:

the guaranteed realization of the made electrical energy to the State partner;

to provision of the bank guarantee of the first-class foreign bank in the amount of 20 million US dollars as ensuring execution of the obligations in the period of construction at the proper level;

to construction of overhead power transmission lines for connection of solar photopower plant to single electrical power network and transfer to their State partner after commissioning - within the Project.

The state partner assumes obligation of the guaranteed purchase of electrical energy and implementation of payment for electrical energy in national currency within 25 years.

2. Approve:

The agreement on the state support signed between the Government of the Republic of Uzbekistan on behalf of the Ministry of Economics and finance and the Private partner on behalf of the Winner of the tender;

The purchase agreement of electrical energy signed between the State partner and the Private partner.

3. Establish the flat fare denominated in foreign currency in the amount of 2, of the 888th cent of the USA for 1 kilowatt/hour of the electrical energy developed within the Agreement on the state support and the Purchase agreement of electrical energy in accordance with the terms of which to resolve binding of rates of payments to US dollar.

4. Provide to the Ministry of Economics and finance, to the Department of Energy and the State partner the right to the conclusion of agreements on direct assignment of rights of the Private partner and the Winner of the tender to other creditors who are taking part in financing of the Project in case of non-execution by the Private partner of agreement obligations signed within project implementation.

5. Permit the State partner:

attraction together with the Private partner of the international independent engineering companies and other consultants to project implementation by the conclusion of direct agreements according to the procedures determined in the Purchase agreement of electrical energy;

opening of the confirmed in foreign currency, renewable letter of credit of foreign bank for benefit of the Private partner as ensuring obligation fulfillment in purchase of the electrical energy made by the Private partner within three months.

6. Provide to the Private partner within project implementation after payment of all taxes and fees within financing of the Project the following rights:

open bank accounts in foreign banks abroad for obtaining and use of foreign currency cash (including credit receipts in foreign currency);

to directly make payments to the foreign contract organizations, suppliers or foreign creditors who are outside the Republic of Uzbekistan without carrying out such payments through bank accounts in the Republic of Uzbekistan.

7. Determine that within the Project of regulation and the rule of accomplishment of the construction and land works connected with installation of solar photo-electric panels, and also designings of the bases of buildings and constructions are regulated by international standards according to the Purchase agreement of electrical energy.

8. Agree with the offer of the Department of Energy, the Ministry of Agriculture, Ministry of water economy, the Ministry of Economics and finance, and also khokimiyat of the Khorezm region on transfer in total of 182,99 of hectare of the parcels of land in the territory of Tuprokkalinsky district of the Khorezm region allocated under project implementation from category of lands of agricultural purpose in category of lands of the industry, transport, communication, defense and other assignment according to appendix.

To return to committee on development of silkworm breeding and woolen industry together with khokimiyat of the Khorezm region in ten-day time the specified parcels of land in structure of lands of inventory of khokimiyat of the area.

9. To khokimiyat of the Khorezm region for the purpose of satisfaction of the increasing needs of the population and industries of economy for energy resources in a month to provide allocation to the Department of Energy of the parcels of land corresponding to the conditions specified in the Agreement on the state support and the Purchase agreement of electrical energy necessary for the overhead power transmission lines promoting ensuring functioning of the solar photo-electric station with the right of permanent use.

At the same time:

a) Provide to Department of Energy provision in lease of the parcels of land transferred to it based on this Item:

To the private partner - for construction of the solar photo-electric station for the period equal to project deadline;

To the state partner - for construction of overhead power transmission lines;

b) within project implementation:

compensation payments on compensation of losses of agricultural and forestry and landscape production in connection with change according to this resolution of category of lands of agricultural purpose are not levied;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info