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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of January 21, 1999 No. 4043

About state regulation of deliveries of goods and products for natural gas export

(as amended on on May 4, 1999)

For the purpose of control of mutually deliveries and rational distribution of industrial goods and the consumer goods delivered for natural gas export in 1999 I decide:

1. Determine that questions of regulation of the amounts of gas exported are solved the President of Turkmenistan.

2. Create under the Cabinet of Ministers of Turkmenistan the Commission on commodity deliveries for natural gas export (the Commission is referred to as) in structure according to appendix No. 1.

3. Determine that the Commission:

determines by the order of the President of Turkmenistan amounts of commodity deliveries in terms of money taking into account requirements and solvency of the ministries and departments;

proceeding from first-priority needs of the state makes changes to distribution of supply rates of goods and products on quota of the Ministry of Trade and foreign economic relations of Turkmenistan.

4. Determine that quotas on commodity deliveries for natural gas export are distributed between the Ministry of Trade and foreign economic relations of Turkmenistan for the ministries and departments of Turkmenistan, including the ministries and departments which are on budget financing including in the part which is subject to payment in the budget and the State trade corporation "Turkmenneftegaz" for State concerns "Turkmengaz", "Turkmenneft", "Turkmenneftegazstroy" and the Turkmengeologiya State corporation according to appendix No. 2.

5. Determine that the total amount of cost of the goods and products which arrived for natural gas export to the ministries and departments of the quota established to the Ministry of Trade and foreign economic relations of Turkmenistan is subject to transfer into the account of Turkmengaz State concern. For determination of debt of Turkmengaz State concern on payments in the Government budget the outstanding amount of the ministries and departments, (financed from the government budget) received products on quota of the Ministry of Trade and foreign economic relations of Turkmenistan is excluded from the total amount of the added payments.

6. Ceased to be valid

7. Determine that natural gas, are exported, the goods and products arriving in the settlement account for gas export are not assessed with exchange and customs fees.

8. Main state tax authorities of Turkmenistan:

exercise control of complete and timely transfer of cost of goods and products according to Item 5 of this resolution:

to quarterly make recalculation of the added payments in the Centralized budget of Turkmenistan of Turkmengaz State concern based on quarter balance on natural gas.

9. Determine that the Ministry of Trade and foreign economic relations of Turkmenistan according to the quota established to it:

in coordination with the Commission determines amounts of commodity deliveries in terms of money taking into account requirements and solvency of the ministries and departments and brings them to contractors;

in coordination with the Commission makes changes to supply rates of goods and products for natural gas export;

exercises control and bears responsibility for accomplishment of contract commitments on commodity deliveries.

10. To the Ministry of Trade and foreign economic relations of Turkmenistan to represent to the Ministry of Economics and finance of Turkmenistan, the Main state tax authorities of Turkmenistan and the State trade corporation "Turkmenneftegaz" no later than the 15th day of every month arrival reports of goods and products with quarterly reconciliation statements for creation of composite balance sheet on natural gas export.

11. Determine that the State trade corporation "Turkmenneftegaz":

bears responsibility for the timely conclusion of contracts for gas sale and receipt of currency means, and also for deliveries of goods and products for the companies of oil and gas complex;

Deryalyk signs the contract with Turkmengaz State concern for reception-transmission of natural gas for export with transfer in Item.

12. The state trade corporation "Turkmenneftegaz" represent to Turkmengaz State concern, the Commission, the Ministry of Economics and finance of Turkmenistan, the Main state tax authorities of Turkmenistan and to the Central Bank of Turkmenistan no later than the 20th day of every month:

report on export supply of natural gas;

data on receipt of currency earnings for natural gas export;

the summary report on goods receipt and products for natural gas export on the ministries and departments.

13. The state customs of Turkmenistan monthly to the 15th to represent to the State trade corporation "Turkmenneftegaz" and the Ministry of Trade and foreign economic relations of Turkmenistan data on goods receipt for natural gas export on the territory of Turkmenistan on the ministries and departments.

14. And the Ministry of Trade and foreign economic relations of Turkmenistan in 5 dnevny time to issue to the state commodity and raw exchange of Turkmenistan on representation to the State trade corporation "Turkmenneftegaz" the conclusions on goods prices and products for natural gas export.

15. Approve procedure of payments for the goods and products received for natural gas export (appendix No. 3).

16. The main state tax authorities of Turkmenistan and the Ministry of Economics and finance of Turkmenistan to bring in "Procedure for determination of revenue for tax purposes by centralized calculations for realization of natural gas" the changes following from this resolution.

17. Permit the State trade corporation "Turkmenneftegaz" and the Ministry of Trade and foreign economic relations of Turkmenistan to realize free part of the quotas for freely convertible currency and national currency of Turkmenistan.

18. Recognize invalid resolutions of the President of Turkmenistan of January 9, 1997 as No. 2965 "About state regulation of clearing deliveries for natural gas export" and of April 16, 1998 No. 3682 "About procedure of payments for goods and products on account of clearing supply of gas".

19. Bring in the Procedure for relations of the State fund of development of the oil and gas industry and mineral resources of Turkmenistan with concerns and corporations of oil and gas complex and the Government budget of Turkmenistan approved by the resolution of the President of Turkmenistan of June 4, 1997 No. 3184, the following changes:

in Item 1 to exclude words: "the cost of the clearing goods and products received by the ministries and departments (except Turkmengaz and Turkmenneft State concerns);

2, of 3, 4 and 5 to exclude Items;

in paragraph one of Item 6 to exclude words: "and also means for the goods received on clearing and products".

 

President of Turkmenistan

Saparmurat Turkmenbashi

Appendix № 1

to the resolution of the President of Turkmenistan of January 21, 1999 No. 4043

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