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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of July 10, 2015 No. 187

About approval of the Regulations on procedure for issue of the legal conclusions under agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan

(as amended of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 10.07.2018 No. 522)

According to the Law of the Republic of Uzbekistan "About external borrowings", the resolution of the President of the Republic of Uzbekistan of April 13, 2018 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan", and also for the purpose of streamlining of issue by the Ministry of Justice of the Republic of Uzbekistan of the legal conclusions under agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan, the Cabinet of Ministers decides No. PP-3666:

1. Approve Regulations on procedure for issue of the legal conclusions under agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan according to appendix.

2. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov and the Minister of Justice of the Republic of Uzbekistan M. M. Ikramov.

Prime Minister of the Republic of Uzbekistan

Sh. Mirziyoev

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 10, 2015 No. 187

Regulations on procedure for issue of the legal conclusions under agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan

I. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About external borrowings", the resolution of the President of the Republic of Uzbekistan of April 13, 2018 No. PP-3666 "About organizational measures for further enhancement of activities of the Ministry of Justice of the Republic of Uzbekistan", determines procedure for issue of the legal conclusions by agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan.

This Provision does not extend to the relations arising within investment agreements.

2. In this Provision the following basic concepts are applied:

the agreement on the state external borrowings - the agreement on attraction of financial resources from foreign sources (foreign states, the international organizations, the international financial and economic institutions, foreign government financial institutions and other nonresidents of the Republic of Uzbekistan) on which there are obligations of the Republic of Uzbekistan as the borrower or the guarantor of repayment of the credits (loans) by resident borrowers;

The state guarantee of the Republic of Uzbekistan - the obligation of the Republic of Uzbekistan to the creditor fully or partially to repay the debt in case of failure to pay by the resident borrower the amount of the term established by loan (credit) agreements which is due from it;

The parties - the parties or one of agreement parties about the state external borrowings;

The borrower - the Republic of Uzbekistan on behalf of the Cabinet of Ministers of the Republic of Uzbekistan or the bodies of the public and economic board, other organizations which signed the agreement on the state external borrowings authorized in accordance with the established procedure.

3. The legal conclusions are issued by the Ministry of Justice of the Republic of Uzbekistan (further - the Ministry of Justice) under agreements on the state external borrowings and the state guarantees of the Republic of Uzbekistan.

4. The form of the legal conclusion is determined by the Parties and approved with the Ministry of Justice to the conclusion of the agreement on the state external borrowings.

II. Documents necessary for issue of the legal conclusion

5. For receipt of the legal conclusion the Borrower submits the following documents to the Ministry of Justice:

a) the written address about issue of the legal conclusion under the agreement on the state external borrowings or the state guarantee of the Republic of Uzbekistan with indication of the enclosed documents;

b) the copy of the decision (order) of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan concerning issue of the legal conclusion under the agreement on the state external borrowings or the state guarantee of the Republic of Uzbekistan;

c) original and copy of the agreement on the state external borrowings;

d) the draft of the legal conclusion on state or Russian (at the choice of the Parties - in English) in paper and electronic types;

e) the copy of the document certifying powers of the Borrower on agreement signature about the state external borrowings;

e) the copy of the document providing the state guarantee of the Republic of Uzbekistan (if its provision is provided by the relevant decision of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan);

g) copies of constituent documents - if Borrower is the independent business entity;

h) reasonable written explanation of the Borrower - in case of availability of disagreements (discrepancies) and/or ambiguities in the submitted documents;

i) copies of other documents on which references in the submitted documents are had.

6. If the documents specified in Item 5 of this provision are constituted in foreign language (except for Russian), the texts of these documents which are also translated on state or Russian which shall be certified by the signature of the head or deputy manager of the body which submitted documents are represented.

The copy of the agreement on the state external borrowings which is stored in the Ministry of Foreign Affairs of the Republic of Uzbekistan shall be certified by the Ministry of Foreign Affairs of the Republic of Uzbekistan in accordance with the established procedure.

Irrespective of results of consideration of the submitted documents of their copy are not subject to return.

7. Documents are brought by the Borrower to the Ministry of Justice to couriers or through means of mail service with the notification on their obtaining.

Documents are accepted by the responsible person of office of the Ministry of Justice according to the inventory and with mark about date of documents acceptance.

8. Responsibility for submission of the doubtful or distorted data is born by the Borrower.

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