The agreement on mutual recognition of the licenses for implementation of construction activities granted by licensed bodies of the State Parties of the Commonwealth of Independent States
of March 27, 1997
The State Parties of this agreement on behalf of the governments which are hereinafter referred to as with the Parties
attaching importance to development of integration processes within the Commonwealth,
taking into account provisions of the Agreement on carrying out coordinated policy in the field of standardization, metrology and certification of March 13, 1992 and the Agreement on cooperation in the field of investing activities of December 24, 1993,
being guided by provisions of the Agreement on cooperation in construction activities of September 9, 1994,
agreed as follows:
For the purposes of this agreement the following terms mean:
the license (the state license) - the special permission (document) issued by authorized state body of the Party, granting the right to its owner to perform in the territory of the Party certain type of construction activities during fixed term;
construction activities - separate types project and installation and construction works, engineering researches for construction, production of construction materials, products and designs, rendering engineering and other works and services which implementation in the territory of the Party requires receipt of the license;
the licensor (licensed body) - state body of the Party, authorized to conduct licensing of construction activities according to the national legal system of the Party;
the licensee (the subject of licensing) - the legal entity or physical person (individual entrepreneur) having the license for implementation of separate type of construction activities in the territory of the Party.
Licensors of the Parties mutually recognize the licenses for separate types of construction activities granted by them according to which at them the procedure for issue of licenses is equivalent, by registration and issue to the licensee of the corresponding national license.
The procedure for mutual recognition of the licenses granted by licensors of the Parties, exchange of samples of forms of licenses and seals, equivalence of separate types of construction activities (according to the approved list of works and services) and procedure for the solution of other questions within this agreement is established by the central state bodies construction or other authorized state bodies of the Parties on the basis of the separate agreements signed between them.
Effective period of the corresponding national license issued to the licensee is established according to the national legal system of the Party in the territory of which construction activities will be made, but shall not exceed effective period of the license granted by the licensor of other Party. Prolongation of effective period of mutually acknowledged license is made by the licensor of the Party who granted the corresponding national license in the procedure established by it.
The amount of payment for issue of mutually acknowledged national license is determined according to the legislation of the licensor of the Party in the territory of which construction activities will be made. If the amount of payment for issue of such license is legislatively not determined, it is established on each separate type of construction activities in the amount of, to equivalent 25 US dollars. The procedure for payment for licensing, size and payment procedure of additional payments and charges are established according to the legislation of the Party which licensor grants mutually acknowledged national license.
Payment is made in national currency of the Party where the licensee has intention to perform construction activities, at the rate of this national currency, established by national bank in relation to US dollar on the date of adoption of the statement of the licensee for issue of mutually acknowledged national license to it.
Licensors of the Parties interact in creation of the unified forms of licenses, the list of documents for mutually recognition of licenses and the list of the separate types of construction activities which are subject to licensing, and also perform exchange of information about the separate agreements signed by them registered and issued to licensees of mutually acknowledged national licenses.
In case of violation by the licensee specified in the license of conditions and rules of implementation of separate types of construction activities granted to it the licensor can cancel (to revoke) the license or to suspend its action according to the legislation of the Party which is represented by the licensor.
This agreement does not affect situations of other international treaties which participants are the Parties, including about the licenses granted by licensors of the Parties to licensees of other state and joint businesses.
The parties agreed that in case of agreement signature about mutual recognition of licenses for separate types of construction activities with other states, not being participants of this agreement, they will consider provisions of this agreement.
Changes and additions by common consent of the Parties which are drawn up by the separate protocols which are integral part of the Agreement can be made to this agreement.
The matters of argument connected using or interpretation of this agreement, are permitted by consultations and negotiations of the central state bodies by construction or other authorized state bodies of the Parties.
In case of impossibility to settle matters of argument by negotiations on the agreement between the Parties their permission can be transferred to any international arbitrations.
This agreement becomes effective from the date of its signing, and for the states which legislation requires accomplishment of the interstate procedures necessary for its entry into force, - from the date of delivery of the adequate notice to depositary.
This agreement is effective within 5 years from the date of its entry into force. After this term the Agreement is automatically prolonged every time for the five-year period if the Parties do not make other decision.
Each Party can stop or suspend the participation in this agreement, having sent the prior formal written notice of it to depositary not later than 6 months.
This agreement is open for accession of other states dividing its provisions by transfer to depositary of documents on such accession.
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