"On
additional measures to strengthen the legal protection of
direct foreign investments"
Resolution of Cabinet of Ministers
of the Republic of Uzbekistan
In accordance with the Law of the
Republic of Uzbekistan, "On guarantees and measures designed
to protect the rights granted to foreign investors" and
with a view to ensuring more favourable terms for the attraction
to the Republic of direct foreign investments, creating an
efficient legal protection mechanism and further improving,
on this basis, the national investment climate, the Cabinet
of Ministers resolves the following:
1. To commission the Ministry of
Justice of the Republic of Uzbekistan with the task to ensure
the legal protection of foreign investors and enterprises
with foreign investments.
In particular, to give the following
rights to the Ministry of Justice of the Republic of Uzbekistan:
- To study grounds on which foreign investors and enterprises
with foreign investments are made answerable to the law by
becoming acquainted with all the necessary documents, including
the materials of criminal, civil, economic and administrative
cases;
- To make representations to the
heads of ministries, departments, controlling bodies and local
authorities, requesting to eliminate, by the established term,
any infringements of the law, as well as the reasons and conditions
that were contributory to these infringements;
- To bring to the attention of the
appropriate authorities the question of calling to account
officials found guilty of the infringement of the rights and
legitimate interests of foreign investors and enterprises
with foreign investments, as well as of the non-fulfilment
of the justice authorities' lawful requirements;
- To suspend any action or decision
of the controlling bodies and local authorities that infringe
the rights of foreign investors and enterprises with foreign
investments;
- To apply to the court, without
paying the established state fee, with proposals for reconsideration
of court verdicts on criminal, civil, economic and administrative
cases, which infringe the rights and legitimate interests
of foreign investors and enterprises with foreign investments;
- To enlist co-operation of appropriate
specialists to verify the applications of foreign investors
and enterprises with foreign investments for consideration
of the infringement of their rights and legitimate interests.
To lay down that the decisions of
the Ministry of Justice of the Republic of Uzbekistan designed
to protect the rights of foreign investors and enterprises
with foreign investments are binding on all ministries, departments,
economic associations, khokimiyats of the regions, towns and
districts.
2. To create within the framework
of the Ministry of Justice a group of 10 administration officials
involved in the legal protection of foreign investors and
enterprises with foreign investments, as well as such groups
in sub-divisions at the Ministry of Justice of the Republic
of Karakalpakstan and the Justice Administrations of the regions
and the city of Tashkent.
The Ministry of Finance of the Republic
of Uzbekistan should stipulate the provision of funding for
the Administration of Legal Protection of Foreign Investors
and Enterprises with Foreign Investments at the Ministry of
Justice of the Republic of Uzbekistan and its corresponding
sub-divisions.
3. The Ministry of Justice of the
Republic of Uzbekistan should accomplish the following:
- To approve, within 2 weeks, a structure
and regulations for the Administration of Legal Protection
of Foreign Investors and Enterprises with Foreign Investments;
- In conjunction with the Ministry
of Finance, the State Tax Committee, the State Customs Committee
of the Republic of Uzbekistan and other interested ministries
and departments, to prepare, within 2 months, a list of effective
privileges and guarantees granted to foreign investors and
enterprises with foreign investments, with comments on their
application;
- To prepare, together with the Agency
for Foreign Investments, within 3 months, a systematized collection
(in foreign languages) of regulatory and legal documents governing
the activity of foreign investors in the Republic of Uzbekistan
for them to be then placed on the Internet.
4. The Department of Foreign Economic
Relations at the Cabinet of Ministers should render assistance
in attracting grants to support the material and technical
base of the regional sub-divisions on legal protection of
foreign investors and enterprises with foreign investments
of the Ministry of Justice of the Republic of Uzbekistan.
5. The Ministry of Justice and the
Department of Foreign Economic Relations and Foreign Investments
at the Cabinet of Ministers should organize constant monitoring
of the performance of enterprises with foreign investments,
ensure a comprehensive and detailed study of applications
and proposals put forward by foreign investors. Analytical
materials together with the concrete proposals for further
improvement of work on the attraction of foreign investments
and protection of foreign investors' rights should be presented
to the Cabinet of Ministers each quarter.
6. The Ministry of Justice of the
Republic of Uzbekistan, within a month, in conjunction with
the interested ministries and departments, should submit to
the Cabinet of Ministers proposals for the introduction of
amendments and supplements resulting from the present Resolution
into law, as well as ensure that relevant regulatory documents
issued by the ministries and departments are amended and supplemented
correspondingly.
7. The Deputy Prime Ministers of
the Republic of Uzbekistan R. Azimov and E. Ganiev are commissioned
to oversee the way the present Resolution is implemented.
Chairman of the Cabinet of Ministers Islam KARIMOV
Tashkent
May 2, 2003
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