of March 5, 2007 No. 238
About production sharing agreements
This Law establishes the legal basis of the relations between the state and the investor arising when implementing internal and foreign investments in search, exploration and production of minerals in the territory of the Republic of Tajikistan in accordance with the terms of the agreement on the Section of the made products.
1. This Law determines and governs the relations arising in case of subsurface use between the state and the investor in case of the conclusion, execution and the termination of production sharing agreements.
2. The relations between the parties arising in the course of subsurface use, and also transportation, processing, conversion, storage, use, sales of products or the order by products are regulated by the production sharing agreements signed according to this Law.
3. The rights and obligations of the Parties having civil nature are determined according to this Law and the Civil code of the Republic of Tajikistan.
4. The relations arising in the course of subsurface use, which are not settled by this Law are determined by the Law of the Republic of Tajikistan "About subsoil", and other regulatory legal acts of the Republic of Tajikistan.
The legislation on production sharing agreements is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international regulatory legal acts recognized by Tajikistan.
In this Law the following basic concepts are used:
- the production sharing agreement (further - the agreement) the agreement according to which the Republic of Tajikistan provides to the subject of business activity (further to "investor") on paid basis and for certain term exclusive rights on search, investigation, development, production and conversion of minerals on the site of the field specified in the agreement and on performance of works, these types of activity connected with implementation and the investor shall perform the activities specified in the agreement at own expense and compensation of probable risk at own expense;
- the made products - the product quantity of the mining industry and products of development of pits containing in actually got (extracted) from subsoil (waste, losses) amount of minerals, mineral raw materials (breeds, liquid and other mix), on the quality of the Republic of Tajikistan conforming to state standard or the international standard, got by the investor during the course of performance of works on the production sharing agreement and reduced by the number of technology losses of these products within the established standard rates;
- profitable products - products made for the accounting (tax) period in case of agreement performance about the Section of products less compensation products;
- compensation products - part of the made products in case of agreement performance about the Section of products which are transferred to the possession of the investor for compensation of the expenses (the refunded expenses) suffered by it for the purpose of agreement performance about the Section of products which structure is established according to the production sharing agreement and the Tax Code of the Republic of Tajikistan;
- subsurface use - use of ore-bearing sites for the purpose of investigation, developments, assessment, production, conversion and use of the minerals containing in fields of this parcel of land.
1. The agreement determines all conditions connected with use of natural resources including conditions and procedure for the Section of the made products between agreement parties according to this Law.
2. The conditions of use of natural resources determined in the agreement shall correspond to the legislation of the Republic of Tajikistan.
3. The list of mineral deposits which are granted the subsurface use right on the terms of the Section of products according to this Law is established by the Government of the Republic of Tajikistan.
The bases for inclusion in the list of the mineral deposit which are granted right to use on the terms of the Section of products is unacceptability of conditions of investment of works on use of these sites according to the Law of the Republic of Tajikistan "About subsoil", lack of possibility of budget financing for effective use of these fields, including:
- the mineral deposit is located in the area, mountainous and remote from settlements, and for its development there are no conditions and other necessary infrastructure;
- search, investigation, assessment and mining of minerals requires highspending technologies and large sums;
- need of decrease in number of technology losses of minerals, and also prevention of possible negative social-and-ecological effects.
4. The agreements signed between the state and investors before entry into force of this Law are carried out according to the conditions determined in them. At the same time this Law is applied to the specified agreements in that measure in what its application does not contradict conditions of these agreements and does not limit the rights and interests of the investor stipulated in agreements.
1. Agreement parties (further - "parties") are the Republic of Tajikistan on behalf of which in the agreement the Government of the Republic of Tajikistan or the state body authorized by the Government of the Republic of Tajikistan act, signing the agreement and investors.
2. Legal entities, and also the associations of legal entities created on the basis of the agreement about joint and other forms of activities, performing attachment own or the raised funds in search, exploration and production of minerals and being subsoil users on the existing mineral deposit on terms of agreement can be investors.
1. The subsurface use rights on the terms of the Section of products it is provided to the investor based on the agreement.
2. Licensing of activities for subsurface use is performed according to the Law of the Republic of Tajikistan "About authorization system".
1. The duration of the agreement is established by the parties according to the legislation of the Republic of Tajikistan.
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