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Ministry of Justice

Republic of Tajikistan

On March 28, 2013 No. 202

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 19, 2013 No. 944

About the investment agreement

(as amended of the Law of the Republic of Tajikistan of 30.05.2017 No. 1435)

This Law governs the public relations connected with the investment agreements directed to implementation of investment projects in strategically important and priority industries of economy of the Republic of Tajikistan and is directed to encouragement and investment attraction to the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the investment agreement - the agreement signed between the Government of the Republic of Tajikistan and the investor concerning implementation of the investment project;

- the investor - physical person and legal entity, and also the organization without formation of legal entity performing investing activities in the territory of the Republic of Tajikistan;

- the investment project - the commercial project providing the essential volume of investment including high degree of financial, technological, environmental and other hazards, and being strategically important for development of certain industry of economy of the Republic of Tajikistan and increase in level of living of the people of Tajikistan;

- the list of priority investment projects - the list of the investment projects selected according to strategic plans and development programs of certain industries of economy, according to the procedure and according to the criteria approved by the Government of the Republic of Tajikistan;

- the offer on the investment project - the document containing the description of the purposes and tasks of the investment project, its economic and social impact on development, efficiency of realization, and also the stages, specific actions and resources necessary or available for implementation of the investment project;

- authorized state body - the central body of the state executive authority of the Republic of Tajikistan realizing state policy in the investment sphere and responsible for assistance, attraction and protection of investments, including foreign investments in the Republic of Tajikistan.

Article 2. Legislation of the Republic of Tajikistan on the investment agreement

The legislation of the Republic of Tajikistan on the investment agreement is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Scope of this Law

1. This Law governs the relations between the Republic of Tajikistan and investors at all stages of preparation, signing, entry into force and implementation of the investment agreement, regardless of subject of the investment project.

2. This Law is not applied to the projects performed within agreements on concessions, the Section of products, public-private partnership, and also on the investments performed in the Republic of Tajikistan by other states.

Article 4. Parties of the investment agreement

1. The parties of the investment agreement are the Government of the Republic of Tajikistan and the investor.

2. The legal entity of the Republic of Tajikistan or foreign state, and also consolidation of such legal entities can be the investor. If consolidation of legal entities acts as the investor, all participants of consolidation become the party of the investment agreement and bear responsibility for implementation of the investment agreement.

Article 5. Content and binding character of the investment agreement

1. The investment agreement is signed for complex regulation of the questions determined by the Government of the Republic of Tajikistan and the investor as having essential value for implementation of the investment project.

2. Provisions of the investment agreement signed according to this Law are obligatory for the Republic of Tajikistan and the investor. The government of the Republic of Tajikistan provides full and timely implementation of the relevant activities necessary for realization of provisions of the investment agreement by state bodies, companies, organizations and other organizations, and also physical persons in all territory of Tajikistan.

Article 6. Legal status of the investment agreement

1. The investment agreement can provide the special mode of implementation of the investment project and provide to the investor certain privileges, not stipulated by the legislation the Republic of Tajikistan. The government of the Republic of Tajikistan guarantees observance and execution of provisions of the investment agreement by all state bodies responsible for implementation of the investment agreement.

2. Provisions of the investment agreement keep legal force during all term of its action if other is not provided by the investment agreement. Any changes or amendments of the investment agreement acquire legal force, only in case of the conclusion the parties of the corresponding supplementary agreement according to the procedure, provided by the investment agreement, and its approvals according to the procedure, provided by this Law.

3. The investment agreement may contain the provision providing that changes and amendments in the legislation of the Republic of Tajikistan accepted later the conclusions of the investment agreement, governing the relations which are subject of the investment agreement and worsening sales terms of the investment project will not be applied to certain provisions of the investment agreement during effective period of the investment agreement or other term provided by it.

Chapter 2. Procedure for development of the offer on the investment project, preparation, signing and enforcement of the investment agreement

Article 7. Development of the offer on the investment project

1. The offer on the investment project is developed by authorized state body in coordination with the relevant ministries and departments. The offer is developed according to the list of the priority investment projects approved by the Government of the Republic of Tajikistan, and also, as required, out of the list of priority investment projects with the consent of the Government of the Republic of Tajikistan.

2. The offer on the investment project can be also developed by the investor interested in implementation of the investment project within the investment agreement and it is provided to authorized state body by direct negotiations. The procedure and conditions of carrying out direct negotiations affirm the Government of the Republic of Tajikistan.

Article 8. Representation and approval of offers on the investment project

1. The offer on the investment project prepared by authorized state body is submitted for approval of the Government of the Republic of Tajikistan according to the procedure, stipulated by the legislation the Republic of Tajikistan.

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