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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 15, 2005 No. 63

About enforcement of the mechanism of confirmation of force majeure circumstances (force majeure)

(as amended on 25-06-2021)

According to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 28, 2004 "About enhancement of the organization of activities of the Agency for external commercial relations of the Republic of Uzbekistan" and for the purpose of determination of procedure for witnessing of force majeure circumstances (force majeure) in accordance with the terms of the foreign trade transactions the Cabinet of Ministers decides No. 409:

1. Approve Regulations on procedure for confirmation of force majeure circumstances (force majeure) according to appendix.

2. Determine that for issue of the certificate on confirmation of force majeure circumstances (swagger - major) collection in the amount of one minimum wage established in the Republic of Uzbekistan on the date of payment is levied.

3. In paragraph three of Item 9 of the resolution of the Cabinet of Ministers of October 23, 2002 No. 368 "About the organization of activities of the Agency for external commercial relations of the Republic of Uzbekistan" (2002, No. 10, the Art. 62) the word of "certificates" to replace the joint venture of the Republic of Uzbekistan with the word of "certificates".

4. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan E. M. Ganiyev.

 

Prime Minister of the Republic of Uzbekistan
Shavkat Mirziyoyev

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 15, 2005 No. 63

Regulations on procedure for confirmation of force majeure circumstances (force majeure)

1. This Provision determines procedure for confirmation of the force majeure circumstances (force majeure) which stepped on the territories of the Republic of Uzbekistan in accordance with the terms of the foreign trade transactions and international treaties (further - the agreement).

2. Force majeure circumstances (force majeure) are the circumstances extraordinary, impreventable and unforeseen under existing conditions caused by the natural phenomena (earthquakes, landslides, hurricanes, droughts, etc.) or the social and economic circumstances (state of war, blockade, import bans and export in state interests, etc.) which are not depending on will and actions of the parties in connection with which they cannot fulfill undertaken obligations.

3. The agreement party for which obligation fulfillment was impossible owing to force majeure can address to the Ministry of investments and foreign trade of the Republic of Uzbekistan (further - the Ministry) behind receipt of confirmation of force majeure circumstances (force majeure).

4. Confirmation of force majeure circumstances is made by the Ministry by issue of the appropriate certificate based on the written application of the concerned party with indication of force majeure circumstances.

The copies of agreements and specifications certified in accordance with the established procedure to agreements, data on amounts of the fulfilled agreement obligations, the copy of the payment document confirming payment of collection for issue of the certificate on confirmation of force majeure circumstances are enclosed to the application.

The statement and the enclosed documents are submitted by the applicant directly to the Ministry purposely or go by mail.

5. The ministry based on the received application requests information necessary for confirmation of availability of force majeure circumstances from relevant organs of the public and economic board.

Bodies of the public and economic board shall within ten working days from the date of receipt of request of the Ministry provide in writing required information.

6. The certificate is issued to the applicant within twenty working days from the date of filing of application with all documents specified in item 4 of this provision.

7. In the certificate the name of agreement parties, number and date of its conclusion, nature of force majeure circumstances, the place, time, the period during which they took place is specified. The certificate is certified by seal of the Ministry.

8. According to the written address of the applicant the duplicate of the certificate can be issued. The duplicate of the certificate is issued instead of the lost or become useless certificate. In case of issue of the duplicate of the certificate collection in the amount of fifty percent from the amount paid for issue of the certificate is levied. The duplicate of the certificate is issued within three working days from the date of the address about issue of the duplicate.

9. The ministry has the right to refuse issue of the certificate in cases:

establishments of lack of the force majeure circumstances specified in the statement;

identifications in the submitted documents of the doubtful or distorted data;

if the Ministry came to conclusion that the force majeure circumstances specified by the applicant are not the reason of default on obligations.

In case of refusal in issue of the certificate to the applicant within twenty working days from the date of filing of application the motivated written conclusion goes.

In case of refusal in issue of the certificate the amount of the collection paid by the applicant does not return.

Refusal in issue of the certificate, and also violation of terms of consideration of the application can be appealed in court.

10. In case of need, the Ministry performs consultation of business entities, irrespective of forms of their property, concerning issue of the certificate, the course of consideration of documents for confirmation of circumstances of force majeure and receipt of the certificate in foreign countries.

 

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