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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of January 18, 2016 No. 745

About additional measures in connection with encouragement of investments

(as amended on 19-07-2023)

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of expansion of investing activities, improvement of business area, increase in industrial production and preparation of the mechanism and the regulatory legal act in connection with encouragement of investments according to Item 5.2. The actions plan on implementation of "The state program on development of the industry in the Azerbaijan Republic for 2015-2020", the President of the Azerbaijan Republic approved by the Order of December 26, 2014 964, I decide No.:

1. Approve "Procedure for issue of the document of encouragement of investment" it (is applied).

2. Charge to the Ministry of Economics of the Azerbaijan Republic to determine in a month document forms of encouragement of investment and the statement for receipt of this document.

3. Charge to the Cabinet of Ministers of the Azerbaijan Republic:

3.1. prepare in the three-months time of the offer on approval of acts of the President of the Azerbaijan Republic of this Decree and provide to the President of the Azerbaijan Republic;

3.2. G. No. 1025 is cancelled according to the Presidential decree of the Azerbaijan Republic of 5.09.2016

3.3. provide approval of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic of this Decree in three-months time and report on it on the President of the Azerbaijan Republic;

3.4. control approval of regulatory legal acts of the central executive bodies of this Decree, and in five-months time to report on it on the President of the Azerbaijan Republic;

3.5. resolve other issues following from this Decree.

4. To the Ministry of Economics of the Azerbaijan Republic and the State Customs Committee of the Azerbaijan Republic to carry out adequate measures on application of the privileges established by the law concerning persons who received the document of encouragement of investment.

5. To provide to the Ministry of Justice of the Azerbaijan Republic approval of regulatory legal acts of the central executive bodies and acts of normative nature of this Decree and to inform about this Cabinet of Ministers of the Azerbaijan Republic.

President of the Azerbaijan Republic

Ilham Aliyev

 

Approved by the Presidential decree of the Azerbaijan Republic of January 18, 2016, No. 745

Procedure for issue of the document of encouragement of investment

1. This Procedure establishes procedure for issue by the Ministry of Economics of the Azerbaijan Republic (further - the Ministry) the document of encouragement of investment to legal entities and business owners (further - the entrepreneur) according to the Law of the Azerbaijan Republic "About licenses and permissions".

2. The document of encouragement of investment is issued to the entrepreneur who provided the investment project answering to the criteria specified in Items 3 or 3-1 of this Procedure. The document of encouragement of investment is the document giving the grounds for acquisition of the privileges established by the Tax code of the Azerbaijan Republic and the Law of the Azerbaijan Republic "About customs tariff". For issue of the document on encouragement of investments the state fee in the amount of, established by the Law of the Azerbaijan Republic "About the state fee" is collected.

3. Criteria for issue of the document of encouragement of investment:

3.1. the field of economic activity where investment is performed;

3.2. minimum amounts in connection with amount of the investment project;

3.3. the territories and zones where investment projects will be performed.

3-1. The strategic investment projects provided for receipt of the document on encouragement of investments are determined on the basis of the following criteria:

3-1.1. minimum amount of investments for the projects realized in Baku (except for the settlement of Rasulzade of Binagadinsky district, Narimanovsky, Nasiminsky districts, the settlement of Keshla of Nizaminsky district, the settlements of Badamdar and Bibieybat of Sabailsky district, the settlement of Akhmedli of Hatainsky district and Yasamalsky district), in the cities of Sumgayit, Ganja and Apsheronsky District - 5 (five) million manats, and for the projects realized in other territories - 3 (three) one million manats;

3-1.2. the investment project corresponds to the directions determined by the President of the Azerbaijan Republic.

4. The entrepreneur wishing to perform investing activities according to the criteria specified regarding 3 these rules files in the Ministry petition according to articles 17 and 18 of the Law of the Azerbaijan Republic "About licenses and permissions", and also attaches the following documents:

4.1. the investment project (business plan) corresponding to the criteria specified regarding 3 these rules;

4.2. the document confirming attachment of 10 percent from the amount, stipulated in Item 3.2 these rules as investment according to the corresponding investment project.

5. No. 2233 is cancelled according to the Presidential decree of the Azerbaijan Republic of 19.07.2023

5-1. In the directions of economic activity: "Rest and entertaining activities", "Services in hotels and other means of placement", "Services in cottages and other places of short-term stay", and also "Services in campings, autohouses and parking of autohouses" the Ministry receives the decision of the State agency on tourism of the Azerbaijan Republic about compatibility of the investment project with strategic plans of tourism development, the main development plans for tourist and recreational zones, and also pro rata distribution of tourist services (variety of products) at the regional level.

6. The entrepreneur, to attachment of 10 percent from the amount specified in Items 3-1.1 or 3.2 of this Procedure as investments according to the corresponding investment project having the right to address to the Ministry for the purpose of determination of compliance of its investment project to the criteria specified in Item 3 presents of the Procedure. The ministry considers such address and answers within 5 working days.

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