of July 16, 2003 No. 314
About approval of the Regulations on licensing of activities for the organization of lotteries
According to article 5 of the Law of the Republic of Uzbekistan "About licensing of separate types of activity" the Cabinet of Ministers decides:
1. Approve Regulations on licensing of activities for the organization of lotteries according to appendix.
2. Agency on market development of the capital of the Republic of Uzbekistan in two weeks to approve structure and regulations on commission of experts on preparation of the conclusions about issue of licenses for the occupation right by activities for the organization of lotteries, totalizators and other games based on risk.
3. Determine that the licenses granted before entry into force of this resolution are considered valid before the expiration of their action on condition of their renewal at the scheduled time according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 15, 2002 No. 396.
4. To agency on market development of the capital of the Republic of Uzbekistan:
in case of renewal of licenses according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 15, 2002 No. 396 to consider also compliance of legal persons licensees to requirements of this resolution;
approve conditions of carrying out lotteries only to legal entities whose licenses are renewed or issued according to requirements of this resolution;
together with the State Tax Committee and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan to take measures for non-admission of activities of legal entities for the organization of the lotteries which did not renew or did not obtain licenses in accordance with the established procedure.
5. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Azimov R. S.
Prime Minister of the Republic of Uzbekistan
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 16, 2003 No. 314
1. This Provision determines procedure for licensing of activities for the organization of lotteries.
The draw of cash and prize prizes among consumers of the certain goods and services which are carried out for the purpose of sales promotion without collection of additional fee for participation in draw is not subject to licensing.
2. Licensing of activities for the organization of lotteries is performed by Agency on market development of the capital of the Republic of Uzbekistan (further the licensing body).
For consideration of documents on issue of licenses (prolongation of term of their action) and preparation of the conclusions on them in the licensing body the commission of experts is created. Regulations on commission of experts and its structure affirm the licensing body. Meetings of commission of experts are held at least once in twenty days.
3. Activities for the organization of lotteries can be performed only by legal entities.
4. On implementation of activities for the organization of lotteries standard (simple) licenses are granted.
5. Licenses for the right of implementation of activities for the organization of lotteries are granted for 5 years.
6. Licensed requirements and conditions when implementing activities for the organization of lotteries are:
a) obligatory compliance with law of the Republic of Uzbekistan in the field of carrying out lotteries, regulatory legal acts of the licensing body;
b) ensuring sufficiency and compliance of own means (capital) and other financial performance of the licensee to the following standard rates and requirements:
the created size of the authorized capital of the licensee shall be at least 200 million bags of which at least fifty percent are created by money, for the legal entities performing activities for the organization of lotteries. At the same time at the time of filing of application about receipt of the license for the right of implementation of activities for the organization of lotteries the authorized capital of the license applicant in the specified minimum size shall be completely created. Use for forming of authorized fund of the legal entities performing activities for the organization of lotteries, means, received on credit, on the security, and other raised funds is not allowed;
the amount of the tickets of game issued and being in circulation shall not exceed the fivefold size of equity of the licensee - within the first year of activities, the tenfold size - within the second year of activities and the twenty-fivefold size - in the years ahead. In case of insufficiency of the size of equity at the licensee lottery draws, in the planned amounts can be held only in the presence of guarantees of financial institutions in necessary sizes;
lack of overdue obligatory payments in the budget and the state trust funds, wages payable to workers, and also overdue payments on the credits of financial institutions;
c) availability at the head of the licensee of the higher education (on one of the following specialties: economic, legal, mathematical or information technologies) and at least two-year length of service on the corresponding specialty.
Persons cannot be the head or the chief accountant of the licensee:
the performing functions of sole executive body being part of collegiate executive body being founders or chief accountants of the legal entity performing activities for the organization of lotteries at the time of cancellation of licenses for implementation of this type of activity at the specified legal entity for violations of the licensed requirements and conditions allowed because of these persons if from the moment of such termination there passed less than three years;
having unspent conviction for crimes in the sphere of economy or for crimes against procedure for management;
the performing functions of individual or were part of collegiate executive body of the legal entity at the moment when such legal entity was declared bankrupt and from the moment of recognition did not expire two years;
d) availability in staff of the licensee at least two specialists having the certificate on passing of special rates on the organization and carrying out lotteries for which the licensee is principle place of employment. If the number of the specialists working for the licensee having the certificate becomes less than two, the licensee shall take in two-month time measures for recovery of number of the specialists having the certificate to assigned amount;
e) holding draws only using the technologies and the equipment which are completely excluding any impact of human factor on process of random sampling of advantageous tickets;
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