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Registered by

Ministry of Justice

Republic of Tajikistan 

 On November 5, 2014 No. 811

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 31, 2014 No. 693

About the Procedure and conditions of carrying out direct negotiations within the investment agreement

According to article 14 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan", article 7 of the Law of the Republic of Tajikistan "About the investment agreement" and for the purpose of implementation of investment projects in important and priority spheres of economy of the Republic of Tajikistan, the Government of the Republic of Tajikistan decides:

1. Approve the Procedure and conditions of carrying out direct negotiations within the investment agreement it (is applied).

2. To the state committee on investments and management of state-owned property of the Republic of Tajikistan as to authorized state body in accordance with the established procedure to take necessary measures for preparation, representation and the conclusion of the investment agreement, and also carrying out monitoring of execution of provisions and implementation process of the investment agreement.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of October 31, 2014, No. 693

Procedure and conditions of carrying out direct negotiations within the investment agreement

1. General provisions

1. The procedure and conditions of carrying out direct negotiations within the investment agreement (further - the Procedure) is developed for the purpose of realization of provisions of the Law of the Republic of Tajikistan "About the investment agreement". The procedure establishes the procedure of consideration of addresses of the investors implementing or assuming implementation of the investment project in strategically important and priority industries of economy of the Republic of Tajikistan (further - the investment project), and agreement signatures about implementation of investment projects (further - the investment agreement).

2. The concepts applied in this Procedure as "investor", "investment project", "the offer on the investment project", "the investment agreement" are used in the values established in the laws of the Republic of Tajikistan "About investments", "About the investment agreement" and other regulatory legal acts of the Republic of Tajikistan.

3. The basic concepts used in this Procedure:

- Applicants are subjects of investing activities, that is investors, customers, contractors, users of investment objects and other legal entities and physical persons interested in implementation of investment projects in the territory of the Republic of Tajikistan;

- The authorized state body - the State committee on investments and management of state-owned property of the Republic of Tajikistan as the central executive body of the Republic of Tajikistan realizing state policy and regulation of the normative right in the investment sphere is responsible for assistance, attraction and protection of investments, including foreign investments in the Republic of Tajikistan.

- The relevant state bodies - all ministries and departments and local executive bodies of the government of the Republic of Tajikistan directly related and responsibility to implementation of the investment project;

- The list of priority investment projects (further - the list) - the list of the investment projects having priority value for the certain industries of economy which are selected according to the procedure and according to the criteria approved by the Government of the Republic of Tajikistan;

- The register of the state investment agreements (further - the register) - summary information base under the investment agreements signed between the Government of the Republic of Tajikistan and investors for the purpose of implementation of investment projects in the territory of the Republic of Tajikistan;

4. This Procedure establishes:

- compliance of the investment projects realized (planned to realization) in the territory of the Republic of Tajikistan, to the perspective directions of investing activities of the Republic of Tajikistan and requirements established to investment projects of the Republic of Tajikistan;

- forming and maintaining List of priority investment projects and Register of investment agreements of the Republic of Tajikistan;

- procedure for signing of the investment agreement and conditions of its realization.

5. By results of consideration of the investment project according to this Procedure the following decisions are made:

- about structure and amount of the measures of the state support provided in case of implementation of priority investment projects;

- about introduction or refusal in entering of the investment project into the List.

6. This Procedure determines conditions of cooperation of executive bodies of the Republic of Tajikistan with applicants (investors) in case of preliminary consideration, organizational maintenance of implementation of investment projects in the territory of the Republic of Tajikistan, signing and execution of conditions of investment agreements.

7. The procedure is directed to the solution of the following main objectives:

- reduction of the arriving documents of applicants to the single form meeting the requirements of the legislation;

- ensuring the state support of priority investment projects;

- modification and amendments in the List and the Register by results of monitoring of the course of implementation of investment projects.

2. Procedure for consideration and assessment of addresses of investors

8. The written address of the investor for implementation of activities within the investment agreement is the basis for process of preparation of necessary documents.

9. The appeal of the investor can be sent directly to authorized state body or by e-mail info@gki.ti, daia@gki.ti

10. In case of primary address the investor sends to Authorized state body the following documents:

- the written application according to appendix No. 1 to this Procedure.

- the detailed description in the form of the Passport of the project and reasons for the investment project, specifying of the purposes and industry accessory, the expected volume of investment, payback period, assessment of amount of tax revenues in the government budget, social efficiency and terms of implementation of the investment project according to appendix No. 2 to this Procedure;

- the copy of the charter and other constituent documents which are approved from investing party;

- other additional information at the request of the investor.

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