of October 22, 2015 No. 339
About approval "Procedure for receipt of the right to issue of grant in the territory of the Azerbaijan Republic foreign donors"
For the purpose of ensuring execution of subitem 2.2.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About introduction of amendments to the Law of the Azerbaijan Republic "About grant" of October 17, 2014" of November 14, 2014 the No. 344 Cabinet of Ministers of the Azerbaijan Republic decides No. 1081-IVQD:
Approve "Procedure for receipt of the right to issue of grant in the territory of the Azerbaijan Republic as foreign donors" it (is applied).
Prime Minister of the Azerbaijan Republic
Artur Rasi-Zade
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 22, 2015, No. 339
1.1. This Procedure is prepared for the purpose of ensuring execution of part 5-1 of article 2 of the Law of the Azerbaijan Republic "About grant", and also subitem 2.2.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About introduction of amendments to the Law of the Azerbaijan Republic "About grant" of October 17, 2014 No. 1081-IVQD" of November 14, 2014 No. 344.
1.2. This Procedure regulates procedure for receipt of the right to issue of grant in the territory of the Azerbaijan Republic the international organizations and their representations, the foreign governments and their representations, charitable organizations, the organizations of humanitarian development and other socially directed international organizations, financial and credit institutes, foreign public organizations which are effective in the field of development of education, science, health care, art and sport, including funds, associations, federations and committees, and also branches and representations of foreign legal entities which underwent state registration in the Azerbaijan Republic (branches or representative offices of non-governmental organizations of the foreign states which signed the agreement provided by the Law of the Azerbaijan Republic "About non-governmental organizations (public associations and funds) (further - foreign donors).
1.3. The requirements specified in this Procedure, connected with receipt of the right to issue of grant by foreign donors also extend to the conclusion of additional agreements on sub-grants and agreements (resolutions) on grant, and also cases of entering into them of any changes.
1.4. No. 12 is cancelled according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 24.01.2017
1.5. Requirements of this Procedure do not extend to cases of the conclusion and approval of agreements on receipt of grant on behalf of the Azerbaijan Republic and the Government of the Azerbaijan Republic.
2.1. The right to issue of grant in the territory of the Azerbaijan Republic foreign donors needs to be acquired under each agreement (resolution) on grant.
2.2. Receipt of the right to issue of grant requires the conclusion of the Ministry of Finance of the Azerbaijan Republic (further - the Ministry of Finance) about financial and economic feasibility of grant.
2.3. For receipt of the conclusion of the Ministry of Finance about financial and economic feasibility of grant and further registration of the agreement (resolution) on grant, within 30 (thirty) days after the conclusion of the agreement (adoption of the resolution) by the foreign donor or recipient under the agreement (their representatives) the address with the corresponding statements by the principle of "single window" concerning commercial structures in the Ministry of Economics of the Azerbaijan Republic, concerning religious structures in the State committee of the Azerbaijan Republic on religious formations, and concerning other non-commercial structures and physical persons - the Ministry of Justice of the Azerbaijan Republic moves (further - the coordinating state body). In the form specified in appendix to this Procedure the following documents are enclosed to the application:
2.3.1. the agreement (resolution) on grant, the draft agreement (resolutions) if the agreement (resolution) is signed by person who is not the legal representative, the document confirming its appropriate authority (if power is not specified signing in the agreement), the statement of the recipient on registration of the agreement (resolution) on grant;
2.3.2. financial and economic reasons for grant.
2.4. If documents are constituted in foreign language, also transfer is applied. The documents constituted in foreign state are legalized or the apostille is issued to them.
2.5. The coordinating state body no later than the next working day after receipt of documents, the stipulated in Item 2.3 presents of the Procedure, establishes their completeness, relation of the donor to the foreign donors specified in Item 1.2 of this Procedure and for receipt of the conclusion about financial and economic feasibility of grant sends the agreement (resolution) on grant and financial and economic feasibility of grant the registered mail to the Ministry of Finance. If documents are submitted not completely, they return to the addressed person and for remedial action additional ten-day term is appointed.
2.6. In case of submission of also electronic copy of the agreement (resolution) on grant and financial and economic feasibility of grant the coordinating state body represents the copy of the specified documents to the Ministry of Finance in electronic procedure.
3.1. Addresses of foreign donors about receipt of the right to issue of grant are considered by the Ministry of Finance during seven-day term from the date of receipt of the documents directed by the coordinating body. In case of need of additional studying of the documents specified in Item 2 presents of the Procedure, the term of provision of the conclusion about financial and economic feasibility of grant is prolonged for seven days.
3.2. Its feasibility or inexpediency is proved in the conclusion of the Ministry of Finance about financial and economic feasibility of grant and the conclusion is submitted to the coordinating state body.
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