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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of August 24, 1998 No. 3857

About the state licensing of transportation, transport-forwarding and broker activities on sea transport in Turkmenistan

(as amended on on February 13, 2001)

For the purpose of streamlining of transportation, transport-forwarding and broker activities on sea transport in the Turkmen sector of the Caspian Sea I decide:

1. Enter since September 1, 1998 the state licensing of transportation, transport-forwarding and broker activities on sea transport in Turkmenistan.

2. Approve Regulations on the state licensing of transportation, transport-forwarding and broker activities on sea transport in Turkmenistan it (is applied).

3. To the Turkmen sea shipping company together with the Ministry of Economics and finance of Turkmenistan to develop and approve the instruction for application of the Regulations on the state licensing of transportation, transport-forwarding and broker activities on sea transport in Turkmenistan.

4. To the Ministry of Justice of Turkmenistan to make corresponding changes to the existing legal acts of Turkmenistan.

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of August 24, 1998 No. 3857

Regulations on licensing transportation, transport-forwarding, broker, diving, underwater and technical and dredging, activities on sea transport and the coast of the Caspian Sea

1. This Provision determines procedure for licensing of the transportation, transport-forwarding, broker (intermediary), diving, underwater and technical and dredging activities connected with implementation of transport process on sea transport in Turkmenistan for the purpose of safety of navigation and respect for the established environmental standards in case of operation of sea transport, normal functioning of the market of transport services, and also protection of consumer interests of these services.

2. The body performing licensing in the Turkmen sector of the Caspian Sea is Management of Turkmendenizellara.

The license is granted on the following types of activity:

transportation of goods, passengers, towage of courts and other floating objects;

work (services) in servicing of courts in the period of their parking in ports for the purpose of ensuring transportation of goods and passengers and life activity of crews (agency, supplying obsledovatelskoye servicing);

transport-forwarding servicing, handling works and warehouse operations, servicing of passengers in the territories and in water areas of seaports and raids;

broker activities for all types of chartering of courts for transportation of goods and passengers in the international sea messages;

wrecking;

ship-raising works;

underwater and technical works;

ship and ship-repair works;

rescue operations;

underwater explosive works;

dredging works.

Change and amendment of the types of activity specified in the license is performed by Management of Turkmendenizellara based on the written address of the owner of the license.

3. The license (appendix No. 1) is the official document granting the right to the activities listed in Item 2 this provision. License effective period two years.

4. The restrictions on terms, areas and types of the performed works determined by Management of Turkmendenizellara can be provided in licenses.

5. The license for the occupation right is established by broker activities for chartering of courts two types:

general, granting the right to perform this type of activity by all types of chartering of courts;

special, issued to the owner of the general license for the right of implementation of freight transactions for transportation of goods and passengers according to decisions and orders of the Government of Turkmenistan.

6. Legal entities and physical persons can have at the same time licenses for several types of activity.

7. The license does not exempt its owner from obligation to have the necessary certificates, working diplomas, certificates and other documents provided by the existing rules on operation of courts, buildings, constructions, weight and other lifting equipment, technical means on sea transport.

For receipt of the license are represented:

a) the statement in the form established in appendix No. 2;

b) copies of the document on registration of business activity and constituent documents;

c) characteristics of the courts and watercrafts, transshipment facilities, materials handling equipment, moorings, warehouses, buildings and other fixed assets and equipment intended for implementation of the licensed activities (including broker), and also copies of documents sanitary and quarantine, the maritime and other special bodies exercising the state supervision, confirming compliance of these objects to requirements of the licensed activities;

d) the documents confirming availability of bases for sediment or repair of vehicles, and in case of their absence of the copy of agreements with the companies rendering these services;

e) the copy of the document, confirmatory, professional suitability of the legal entities and physical persons or persons authorized by them for management of the licensed activities (the diploma about the termination of the special, educational institution or the document confirming length of service in at least 5 years).

9. The application on receipt of the license shall be considered within 10 days.

10. Legal entities and physical persons bear responsibility for reliability of the represented data.

11. The body granting the license, having the right to make check of reliability of the represented data.

The refusal in issue of licenses is made in cases if:

a) in the submitted documents incorrect data are specified;

b) the technological base of the applicant does not meet safety requirements of navigation and ecology.

13. Licensing (notifications on refusal in its issue) is performed in 2-day time from the date of adoption of the relevant decision.

The notification on refusal is submitted in licensing to the applicant in writing with indication of causes of failure.

The legal entities and physical persons which obtained the license are registered in the magazine of issue of licenses (appendix No. 3).

14. The decision on refusal in issue or about suspension of action of the license can be appealed according to the legislation of Turkmenistan.

15. Transfer of the license to other legal entities and physical persons is forbidden. In case of change of form of business of the owner the license is subject to re-registration. The re-registration of the license is performed according to the procedure, established for its issue.

16. The owner of the license shall:

a) perform the activities in strict accordance with the conditions specified in the license;

b) in week time to inform the body which granted the license on change of the form of business, details, addresses;

c) provide availability of copies of the license in courts.

17. The license is granted for a fee which size is established by Management of Turkmendenizellara and the Ministry of Economics and finance of Turkmenistan and affirms the Cabinet of Ministers of Turkmenistan.

18. For licensing charges in the following sizes are levied:

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