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The document ceased to be valid since  January 23, 2021 according to the Law of the Republic of Uzbekistan of January 22, 2021 No. ZRU-669

LAW OF THE REPUBLIC OF UZBEKISTAN

of August 30, 1995 No. 110-1

About concessions

(as amended on 14-09-2017)

I. General provisions

Article 1. Concepts of concession

Concession represents the permission issued on behalf of the state to the foreign investor on implementation of certain type of the economic activity connected with provision to it property, land areas and subsoil on the basis of the conclusion of the concession treaty.

Article 2. Legislative regulation of concessionary activities

The legal relationship arising in the course of concessionary activities are regulated by this Law and other legal acts of the Republic of Uzbekistan.

The legal relationship arising in the course of concessionary activities in the Republic of Karakalpakstan are regulated also by the legislation of the Republic of Karakalpakstan.

Article 3. Basis of concessionary activities

Concessionary activities in the Republic of Uzbekistan are performed on basis:

mutual benefit;

competitive, auction approach to the choice of concessionaries;

non-interference to the economic activity of the concessionary performed according to the current legislation of the Republic of Uzbekistan;

observance of the legislation existing in the Republic of Uzbekistan in the field of labor protection, environmental management and environmental protection, ecological and sanitary and hygienic safety;

ensuring product output, to conforming standards and regulating documents existing in the Republic of Uzbekistan if other is not provided by international treaties or agreements with participation of the Republic of Uzbekistan.

Article 4. Subjects to concessions

Subjects to concessions are the separate types of economic activity which are not prohibited by the legislation of the Republic of Uzbekistan, connected with provision to the foreign investor of property, land areas and subsoil.

Article 5. Subjects of concessionary legal relationship

Subjects of concessionary legal relationship are:

concessionary bodies - the state body authorized by the Cabinet of Ministers of the Republic of Uzbekistan, and also public authorities on places;

the concessionary - the foreign investor with whom the concession treaty is signed.

Article 6. The property relations in case of concessionary activities

The state, yielding to the concessionary of right of possession and use of the provided property, land areas and subsoil, connected with concessionary activities, reserves exclusive right of the order them.

Products and income gained by the concessionary as a result of concessionary activities is its property in the amounts determined by the concession treaty.

The Republic of Uzbekistan has the privilege to acquisition of products at the concessionary.

II. Competence of state governing bodies in regulation of the concessionary relations

Article 7. Public administration in the field of the concessionary relations

Public administration in the field of the concessionary relations is exercised of the Cabinet of Ministers authorized on that by state body, and also public authorities on places.

Article 8. Competence of the Cabinet of Ministers

Are under authority the Cabinet of Ministers in the field of the concessionary relations:

development of programs of the priority directions of concessionary activities;

determination of procedure and conditions of carrying out tenders and auctions on concession provision;

establishment of procedure for conducting state examination of concessionary projects and programs;

establishment of order of registration of concession treaties;

determination of the list of the objects which are not subject to transfer to concession or transfer of which is limited;

organization of control of observance of conditions of concession treaties;

the solution of other questions in the field of the concessionary relations according to the legislation.

Article 9. Competence of authorized body of public administration

Are under authority authorized body of public administration in the field of the concessionary relations:

organization and carrying out tenders and auctions;

the conclusion of concession treaties within the conferred powers;

the solution of other questions according to the legislation.

Article 10. Competence of public authorities on places

Are under authority public authorities on places in the field of the concessionary relations:

determination of the objects which are under their authority on which concession treaties can be signed;

the organization and carrying out tenders and auctions for the objects which are under their authority;

the conclusion of concession treaties within the powers conferred to them, and also approval of conditions of other concession treaties on the objects which are in their territory;

the solution of other questions according to the legislation.

III. Procedure and conditions of provision of concessions

Article 11. Preparation of concessionary offers

Preparation of concessionary offers is performed by concessionary bodies proceeding from importance and their economic feasibility for the Republic of Uzbekistan and includes determination of type of activity and the list of the transferred property.

Article 12. Procedure for provision of concessions

Provision of concessions is performed on the basis of tenders, auctions. In exceptional cases, according to the decision of the Cabinet of Ministers, provision of concessions is performed on the basis of direct negotiations between concessionary body and the potential investor.

The choice of competitive or auction method of provision of concessions is performed by concessionary body.

Article 13. Organization of tenders, auctions and conclusion of concession treaties

The message on carrying out tender, auction for concession is published in mass media for three, and in particular cases - in five months, with indication of time and the place of their carrying out, and also submission due date of requests.

Bids, auction go potential concessionaries to concessionary body.

The concession treaty is signed between the foreign investor and the relevant concessionary organ and becomes effective from the moment of its registration.

Article 14. Refusal in acceptance of the bid, auction

The refusal in acceptance of the bid and (or) auction can follow in cases:

applications for provision of concession with violation of the established requirements;

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