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Ministry of Justice

Republic of Tajikistan 

 On March 20, 2015 No. 25

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 18, 2015 No. 1190

About oil and gas

Accepted by the Resolution MH MOPT of January 7, 2015, No. 1729

Approved by the Resolution MM MORT of March 5, 2015 No. 795

This Law establishes legal, economic, organizational basis and state policy in the field of oil and gas and is aimed at the development of this industry in the Republic of Tajikistan.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- oil - the combustible oily liquid widespread in sedimentary cover of the earth consisting of complex mix of hydrocarbons, some types of cyclones and aren, oxygen, sulphurous and nitrogenous connections which is considered the major useful mineral;

- natural gas - the hydrocarbons which are in gaseous state under temperature conditions and normal atmospheric pressure which after department of liquid karbogidrat remain as net gas;

- object of the pipeline of transfer of oil and gas - set of the pipelines performing oil supply and gas to users;

- oil transportation and gas - oil transportation and gas to objects and specialized means for the purpose of their conversion and further use;

- investigation - all types of the geological, geophysical surveys, structural and parameter drilling connected with search and detection of oil and gas deposits;

- seismic exploration - geophysical survey of subsoil for determination of structure and amount of oil and gas;

- the contractual territory - the mining-and-geological territory divided into sites in which the owner of the license has the right to carry out works on search, construction and oil and gas extraction, according to the agreement;

- prospective areas - squares which geological structure is determined as a result of geological studying, seismic exploration and assessment of the conducted research;

- object of the bulk distribution line of oil and gas - the engineering construction consisting of part of the line of the pipeline and the land equipment for oil transportation and gas, and also the pipeline integrated to it to shipping places of oil and gas;

- oil and gas transactions - set of works on designing, seismological and geological investigation, production, construction and operation of fields;

- oil and gas extraction - complex of the works connected with oil and gas extraction from subsoil, their conversion including minerals in places of temporary oil storage and gas;

- authorized state body of oil and gas industry the state executive body of the power performing state regulation of designing, search, investigation, production, storage, conversion and transportation of oil and gas products.

Article 2. Legislation of the Republic of Tajikistan on oil and gas

The legislation of the Republic of Tajikistan on oil and gas 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 the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

This Law covers the activities of physical persons and legal entities connected with designing, search, investigation, production, conversion, transportation, storage, rendering rescue services including the state control for safety in oil and gas industry.

Chapter 2. State regulation in industry of oil and gas

Article 4. Right to property

1. Oil and gas deposits are exclusive property of the state. The extracted oil and gas in accordance with the terms can be property of legal entities, including joint property of foreign physical persons and legal entities.

2. The property which cost in accordance with the terms of the license is compensated by the state in the form of got oil and gas is state-owned property. The licensee has exclusive right to use of the specified property during all effective period of the license and bears responsibility for its safety and target uses.

Article 5. Competence of the Government of the Republic of Tajikistan of oil and gas industry

Competence of the Government of the Republic of Tajikistan of oil and gas industry:

- determination of single state policy in oil and gas industry;

- approval of regulatory legal acts in the field of designing, search, investigations, production, conversion, transportation, storage and turnover of oil and gas products;

- determination of authorized state body in oil and gas industry;

- creation of the Republican reserve fund of oil and gas deposits;

- statement of structure of the commission and regulations on procedure for carrying out tenders on provision of right to use by prospective areas with oil and gas fields;

- approval of instructions for use the geological and geophysical data which are state-owned property for the training, scientific, commercial purposes and export them out of limits of the Republic of Tajikistan for further research;

- establishment of procedure for entering into the state stock balance of oil and gas and their exception of the state balance;

- approval of the line of construction of bulk distribution lines;

- implementation of other competence which is not prohibited by the legislation of the Republic of Tajikistan.

Article 6. Powers of authorized state body in oil and gas industry

Powers of authorized state body in oil and gas industry (further - authorized state body):

- representation to the Government of the Republic of Tajikistan for approval of projects of regulatory legal acts in the field of designing, search, investigation, production, conversion, transportation, storage, turnover of oil and gas products; order Republican reserve fund of oil and gas deposits;

- licensing on production, conversion, oil and gas extraction according to the Law of the Republic of Tajikistan "About licensing of separate types of activity";

- determination of quantitative restrictions (quotas) of oil transportation and gas by means of modes of transport;

- determination of methods of calculation of measure and amount of natural gas in case of oil and gas extraction;

- cost determination of damage caused as a result of violation of requirements for reasonable use of oil and gas fields;

- determination of procedure for provision of right to use by squares and oil and gas deposits for the purpose of construction of prospecting and search mines for production and oil refining and the land constructions connected with completion of construction works; establishment of procedure for completion of research, geological, geophysical and scientific works of prospective areas and oil and gas fields;

- development and approval of rules of liquidation and suspension of operations of mines of oil and gas fields;

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