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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of July 12, 1999 No. 4264

About approval of the Regulations on procedure for acquisition, designing, construction (installation) of radio engineering constructions, operation of radio-electronic means and high-frequency devices in the territory of Turkmenistan and their import from abroad

(as amended on on October 2, 2000)

For the purpose of ensuring state security and protection of economic interests of the country I decide:

1. Approve the enclosed Regulations on procedure for acquisition, designing, construction (installation) of radio engineering constructions, operation of radio-electronic means and high-frequency devices in the territory of Turkmenistan and their import from abroad.

2. To impose control over the implementation of this resolution on the Vice-chairman of the Cabinet of Ministers of Turkmenistan the t. Halykov H. and Adviser to the President of Turkmenistan for legal issues and coordination of activities of law-enforcement and military bodies of t. Hallyeva T.

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of July 12, 1999 No. 4264

Regulations on procedure for acquisition, designing, construction (installation) of radio engineering constructions, operation of radio-electronic means and high-frequency devices in the territory of Turkmenistan and their import from abroad

1. This Provision determines procedure for acquisition, designing, construction (installation) of radio engineering constructions (RTS), operation and realization of radio-electronic means and high-frequency devices (RES and VChU) in the territory of Turkmenistan and their import from abroad.

Action of this provision extends to RTS, RES and VChU, acquired, projectible, under construction (established), operated, imported from abroad and implemented in the territory of Turkmenistan:

physical * and legal entities;

representative offices of foreign firms, banks, organizations;

the diplomatic representations and consular establishments of foreign states, representations accredited under the UN, which are in the territory of Turkmenistan in coordination with the relevant services of the Ministry of Foreign Affairs of Turkmenistan.

2. Designing and construction (installation) of RES of any kind and assignment are made only in coordination with the Interdepartmental commission on radio frequencies under the Cabinet of Ministers of Turkmenistan (MKRCh).

The choice of the parcel of land under construction (installation) of RES shall be approved with the State inspectorate for supervision of use of radio-frequency range (GINRChS) under the Ministry of Communications of Turkmenistan taking into account electromagnetic compatibility of the constructed means with operated and earlier designed in this region of RES and VChU.

Calculation of electromagnetic compatibility of RES is carried out by the project organizations in selection process of platforms under construction (installation) of RES in coordination with GINRChS.

3. The construction (installation) and use of RES and VChU intended for communication provision of services are permitted in the presence of the corresponding license granted by the Ministry of Communications of Turkmenistan.

___________

* Physical persons are understood as citizens of Turkmenistan and foreign states, and also stateless persons.

4. Import to the territory of Turkmenistan of RES and VChU (including the equipment in vehicles) is made on permission of MKRCh of Turkmenistan after preliminary approval at stage of the conclusion of the construction contract (installation) or acquisition of RES and VChU.

5. Import to the territory of Turkmenistan of RES and VChU by physical persons and legal entities for their realization is performed only on permission of MKRCh of Turkmenistan with preliminary submission of the list with detailed technical characteristics and in the presence of the license (or the patent) on trading activity.

Import of RES and VChU to Turkmenistan by physical persons and legal entities for their own needs is performed without license on permission of MKRCh of Turkmenistan and previously approved list with detailed technical characteristics.

6. Household audio-and video devices, microwave ovens, video cameras, videosenders, systems of direct satellite acceptance of television belong to RES and VChU which during the importing, acquisition, installation and operation do not require permission of MKRCh of Turkmenistan.

7. RES and VChU imported on the territory of Turkmenistan without the corresponding permission of MKRCh of Turkmenistan are subject to detention by customs authorities of Turkmenistan and the placement on warehouses for storage under customs control.

Data RES and VChU are subject to the technical expertize performed by operational and search group of the State Inspection of Telecommunication (SIT) of GINRChS. By results of technical expertize of GINRChS makes the decision on possibility of use them in the territory of Turkmenistan.

8. Operation of RES and VChU in the territory of Turkmenistan is performed strictly on the permission of GINRChS issued directly to owners of RES and VChU, and diplomatic representations - in coordination with the Ministry of Foreign Affairs of Turkmenistan. Prolongation of effective period of permission of GINRChS is made during the first quarter of the next year in case of observance of service conditions of earlier selected range and the fees providing readiness of radio-frequency range.

9. Owners of RES and VChU shall approve in use with GINRChS within 10 days any re-deployment of RES which are available for it in use, each change of technical parameters, both RES, and antenna feeder devices, and also all organizational structural changes (renaming, change of the location of the company and other).

10. Owners of RES and VChU, irrespective of patterns of ownership, not having regular specialists workers on RES and VChU, assign the orders one of directors responsible for timely registration, fee, readiness of radio-frequency range, execution of permissions to operate and correctness of use of departmental RES and VChU.

11. The RES and VChU made or acquired in the territory of Turkmenistan by legal entities and physical persons can be registered by GIE GINRChS in case of compliance of their parameters to the established regulations on radio emissions accepted in the territory of Turkmenistan, otherwise these RES and VChU are subject to export out of limits of Turkmenistan or utilization.

12. When closing RES the owner in 10-day time returns in GINRChS or in its velayatsky GIE the permission to operate RES with simultaneous provision of the act of its dismantle or write-off.

13. Heads of organizations and organizations of all patterns of ownership bear responsibility for fulfillment of requirements of this provision on use of RES and VChU in the divisions and shall render to officials of GINRChS assistance and the full assistance necessary for accomplishment of their obligations on protection of radio-frequency range.

14. Officials of working group of GINRChS are the state telecommunication inspectors and have the right (upon presentation of the official ID):

check the equipment and devices for compliance of radiations to the regulations and rules accepted in Turkmenistan;

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