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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of December 7, 2016

About approval "Procedure for establishment of sales terms by investors of the investment projects connected with construction and infrastructure facilities within the Stroy-upravlyay-sdavay model requirements imposed to investors according to types of construction and infrastructure facilities, features and conditions of the signed agreements, costs of the goods and services received as a result of investment attachment"

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to article 4 of the Law of the Azerbaijan Republic "About realization on the basis of special financing of the investment projects connected with construction and infrastructure facilities" I decide:

1. Approve "Procedure for establishment of sales terms by investors of the investment projects connected with construction and infrastructure facilities within the Stroy-upravlyay-sdavay model for requirements imposed to investors according to types of construction and infrastructure facilities, features and conditions of the signed agreements, costs of the goods and services received as a result of investment attachment" it (is applied).

2. To the Cabinet of Ministers of the Azerbaijan Republic:

2.1. in three-months time to prepare the offers connected with approval of acts of the President of the Azerbaijan Republic of this Decree and to provide to the President of the Azerbaijan Republic;

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

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

2.4. resolve other issues following from this Decree.

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

President of the Azerbaijan Republic
Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of December 7, 2016

Procedure for establishment of sales terms by investors of the investment projects connected with construction and infrastructure facilities within the Stroy-upravlyay-sdavay model requirements imposed to investors according to types of construction and infrastructure facilities, features and conditions of the signed agreements, costs of the goods and services received as a result of investment attachment

1. General provisions

1.1. This document is prepared based on article 4 of the Law of the Azerbaijan Republic "About realization on the basis of special financing of the investment projects connected with construction and infrastructure facilities" (further - the Law) and regulates procedure for establishment of sales terms by investors of the investment projects connected with the construction and infrastructure facilities provided in article 3.1 of the Law within the Stroy-upravlyay-sdavay model (further - the SUS model), requirements imposed to investors according to types of construction and infrastructure facilities, features and conditions of the signed agreements, costs of the goods and services received as a result of investment attachment.

1.2. Powers of the authority provided hereunder according to Item 2.1 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About realization on the basis of special financing of the investment projects connected with construction and infrastructure facilities" of March 15, 2016 No. 177-VQ" of April 20, 2016 No. 867, are performed by the Ministry of Economics of the Azerbaijan Republic.

1.3. The basic concepts used hereunder mean the following:

1.3.1. the agreement - the written agreement signed between authority and the investor in connection with implementation of investment projects, and reflecting in itself obligations on construction (construction, routine maintenance and overhaul repairs, reconstruction, recovery), management, delivery of the construction and investment objects which are subject of the investment project specified in article 3.1 of the Law, and objects, similar to them (under "similar to them objects" the constructions surrounded with objects are implied);

1.3.2. the candidate company - legal the persons, its branch or permanent mission who are residents and nonresidents, showing interest in implementation of investment projects;

1.3.3. the initial feasibility statement - the document reflecting in itself possibility of accomplishment of the investment project from the technical, financial, economic, ecological, social, legal points of view and from the point of view of accomplishment terms and also the analysis and distribution of risks, including guarantees;

1.3.4. the industry organization - state body or the structure proposing on implementation of the investment project on own initiative or based on the appeal of authority and also the legal entities who are in state-owned property or controlling stock (shares) of which is owned by the state;

1.3.5. tender committee - the commission created by authority for the organization of tender according to Item 5.3 of this document;

1.3.6. tender - the action organized by authority in connection with the choice based on the principles of tender and transparency of the investor which implements investment attachment according to model of SUS, according to the procedure, provided in part 5 of this document.

1.4. Other concepts used hereunder designate the values established by the Civil code of the Azerbaijan Republic and the Law.

2. Sales terms of investment projects and requirements imposed to investors

2.1. The industry organization on own initiative or based on the appeal of authority represents to authority the offer on the investment project. The authority conducts discussions with the industry organization for occasion of this offer and in case of achievement of initial consent in connection with project implementation, the industry organization prepares the initial feasibility statement on the investment project and represents to authority. The authority estimates the provided initial feasibility statement and for the purpose of attracting investors for implementation of the investment project according to which the positive conclusion is issued, takes the measures provided in part 5 and Item 2.4 of this document. The document of the detailed feasibility statement according to the investment project is prepared by the candidate companies which are taking part in tender, and project and estimate documents are prepared by the winner company.

2.2. The authority can act in connection with implementation of any investment project on own initiative.

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