Approved as the Minister of external commercial relations of the Republic of Uzbekistan No. EG-01/12/3411 30 of June, 2000, the Minister of Finance of the Republic of Uzbekistan No. 79 30 of June, 2000, the Chairman of the State Customs Committee No. 02/20-34 30 of June, 2000

Regulations on order of registration of barter contracts (agreements, agreements), signed by business entities of the Republic of Uzbekistan in the Agency on external commercial relations of the Republic of Uzbekistan

 

IT IS APPROVED Central Bank Republic of Uzbekistan July 27, 2000.  No. 170-B

IT IS APPROVED Chairman Central Bank Republic of Uzbekistan F. M. Mullazhanov

List of amending documents

This procedure is developed for the purpose of further streamlining of the mechanism of implementation is export - import transactions on barter basis, according to the Law of the Republic of Uzbekistan "About the contractual legal base of activities of business entities", and also in pursuance of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 13, 1996 N 280 "About measures for reducing exportnoimportny transactions on barter basis", Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of December 3, 1997 N 534 "About measures for implementation of independent examination of contracts and pre-shipment inspection of imported goods" and others is normative - the legal acts regulating foreign trade activities of the Republic of Uzbekistan and determines the registration mechanism in the Agency by external commercial relations of the Republic of Uzbekistan and in its territorial subdivisions of export contracts (agreements, agreements), signed on clearing basis, and also barter contracts (further contracts), concluded by business entities of the Republic of Uzbekistan.

I. The contracts which are subject to registration in AVES of the Republic of Uzbekistan

In AVES of the Republic of Uzbekistan export contracts of the goods specified in appendix N 1 of the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 13, 1996 N 280, on clearing basis with exclusively within intergovernmental agreements are registered.

Barter contracts on commodity export, not logged into application N 1 of the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 13, 1996 N 280, can consist according to decisions of Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent, according to the procedure of exception, with business entities of CIS and Baltic countries only suppliers (in case of export of fruit and vegetable products) or producers of the exported goods in exchange for products is production - technical appointment and are subject to registration in managements on external commercial relations of AVES of the Republic of Uzbekistan.

Registration in AVES of the Republic of Uzbekistan and in managements on external commercial relations of AVES are not subject contracts of the business entities provided by the current legislation of the Republic of Uzbekistan.

In case of the conclusion of contracts on barter basis the advancing delivery of import goods or provision of counter bank guarantees under the export goods delivered from the Republic of Uzbekistan is without fail provided in them.

II. The documents submitted for registration of contracts

Registration of contracts in AVES is performed on provision of the following documents:

1. Statement;

2. Original of the contract and its copy;

3. Decision of the Cabinet of Ministers of the Republic of Uzbekistan (copy) or intergovernmental agreement (copy);

4. The competitive list with supporting documents (requests, commercial offers, price lists, etc.);

Registration of contracts in managements on external commercial relations of AVES is performed on provision of the following documents:

1. Statement;

2. Original of the contract and its copy;

3. Decision of Council of Ministers of the Republic of Karakalpakstan or khokimiyats of areas or khokimiyat of Tashkent (copy);

4. The competitive list with supporting documents (requests, commercial offers, price - sheets, etc.);

In case of need confirmations of execution of contract commitments or power of the person to make legally significant actions, applicants submit the relevant supporting document.

III. Necessary conditions for registration of contracts

It is necessary for registration of the contract:

- compliance of terms of the contract to the commonly accepted rules of international trade, to the current legislation and regulations of the Republic of Uzbekistan, and also obligations to other states and the international organizations assumed by the Republic of Uzbekistan;

- compliance of the prices specified in the contract, the developed market situation;

- respect for equivalence of cost of the exported and imported goods;

- provision of necessary document package, specified in the Section II of this Procedure.

IV. The main requirements imposed to contracts

In the contract the following main Sections are specified:

1. Preamble. The prolog of the contract contains contract number, the place and date of the conclusion, full name of legal entities, position, surnames and names of persons signing the contract. If person signs the contract based on the power of attorney, it is specified in preamble of the contract and the original or the notarized copy suitably is submitted in AVES to the drawn-up power of attorney.

2. Subject of the contract. In this Section the description of goods, its characteristic and assortment by quantity and quality, and also transaction type (barter, clearing) is specified.

Goods quantity is expressed in the international units, the measures taken in metric system. Determination in unit of measure according to procedure for establishment of quantity, system of the measures and scales accepted in the Republic of Uzbekistan is possible. The quality characteristic of goods determines set of the properties reflecting suitability of goods for its use.

It is necessary to give the reference to commodity code according to the Commodity Nomenclature of Foreign Economic Activity. If the name of goods according to the international specification is unknown, then it is possible to specify the technical specification of goods.

The main methods of determination of goods quality are:

- according to the standard: the commonly accepted international standards, state standard specifications or TU operating in the Republic of Uzbekistan;

- according to the specification: specifying of technical parameters;

- on content of the main substances: the indicator - minimum, on impurity - indicator - maximum is given.

In the delivery contract of machines, the equipment and processing lines it is specified their novelty or the fact of their operation.

3. Basis terms of delivery. The following fundamental obligations of the parties on delivery of goods are determined (by the international rules "Incoterms"): distribution of obligations and expenses of the contracting parties on the goods delivery;

transfer of goods;

accomplishment of formalities on export - commodity importation;

goods insurance;

transition of risk of accidental loss or damage of goods on the one hand under the contract to another.

When using the Incoterms should be specified (along with abbreviation) the place of delivery (the name of the railway station, port, airport, etc.).

4. Delivery date of goods. In the contract the term or the delivery date is specified.

Delivery date means the time period during which goods or its batch shall be delivered by the Supplier to the specified place.

The delivery date is understood as date of accomplishment by the Supplier of the obligations according to basis terms of delivery.

5. Price and total amount of the contract. In case of price fixation of goods in the contract the goods unit of measure, price basis, fixing method, unit price of goods is specified.

The unit of measure of goods is determined according to units of measure in the Commodity Nomenclature of Foreign Economic Activity.

The price basis is established, as a rule, according to the Incoterms.

On fixing method the price can be firm (invariable, not depending on market situation), sliding (it can be changed as agreed by the parties), mobile (depends on market situation).

Unit price of goods, as a rule, is specified in managements on external commercial relations.

Total amount of the contract is specified in foreign currency according to the accepted commodity equivalent.

6. Packaging and marking of goods. Packaging shall ensure unconditional physical safety of load in transit. If by the nature of goods packaging is necessary, then in the contract the type of packaging, its sizes and quality is specified. In case of expensive packaging packaging return to the Supplier is, as a rule, provided if the cost of packaging is not included in goods cost, and also it is specified for whose account and in what terms packaging return will be performed.

Marking of goods contains, as a rule, the following information: contract number, the sender, the receiver, gross weight and net, dimensions, number of the place, country of source, top - place bottom, protection against moisture, etc. Exact content of marking makes a reservation in the contract.

7. Procedure for shipment of goods. In this Section obligations of the parties are determined by provision of information on readiness of goods for shipment and the made shipments; the term and method of the message is specified.

8. Procedure for acceptance of goods. Delivery of goods is understood as transfer of goods by the Supplier to property of the Receiver in accordance with the terms of the contract. Delivery - goods acceptance is made both by quantity, and on quality. In the contract the procedure of this obligation is specified (the place, with attraction or without involvement of the third parties, etc.).

9. Claim. The claim made by one contract party to another in connection with discrepancy of quality and/or quantity of the delivered goods to terms of the contract. In the contract the procedure for presentation of the claim is established: submission due dates, considerations by her Supplier and directions of the answer to the claim, and also methods of its settlement.

In the contract the replacement procedure of defective goods in case of its detection is specified: terms for whose account and on what basis terms of delivery its replacement will be performed. Terms of the contract settlement of the matter is possible to provide other ways.

10. Guarantees. In contracts to deliver goods, the subject certification regarding compliance, the amount of guarantees provided by the Supplier is established. On the Supplier responsibility for goods quality during certain warranty period is imposed and, respectively, the procedure is determined by the Supplier of the warranty obligations. Terms of the contract determine time from which the warranty obligation of the Supplier begins to be effective.

11. Goods origin. In the contract it is specified country of source of the delivered goods.

12. Sanctions. As the conditions providing accomplishment of undertaken obligations by the parties sanctions in the form of the penalty fee and/or penalty paid by the party for failure to carry out or inadequate accomplishment of contract commitments by it are, as a rule, provided in the contract. On party at fault the obligation to pay penalty to affected party, upon the demand of the last is imposed.

As a rule, the following responsibility for violation of contractual commitments is established:

- in case of delay of delivery, underdelivery of goods, failure to carry out of works or non-rendering of services the supplier pays to the receiver penalty fee of 0,5 of % of unexecuted part of the obligation for each day of delay, but at the same time the total amount of penalty fee shall not exceed 50% of cost of the undersupplied goods, outstanding works or not rendered services;

- if the delivered goods, the performed works or the rendered services do not conform to the standards, specifications stipulated by the contract the penalty in the amount of 20% of cost of goods (works, services) of inadequate quality is collected from the supplier;

- in case of delivery of incomplete goods the Receiver collects penalty from the supplier in the amount of 20% of cost of incomplete goods, including the cost of missing parts;

- in case of untimely accomplishment of payment obligations the party at fault pays to other contract party penalty fee in the amount of 0,4 of % of the amount of overdue payment for each day of delay, no more than 50% of the amount of overdue payment.

The parties can establish other responsibility for failure to carry out or inadequate accomplishment of these or those contract commitments.

Provisions according to which payment of penalty fee and/or penalties does not exempt party at fault from proper accomplishment of contract commitments can be provided by terms of the contract.

13. Conditions "force majeure". The possibility of release of the parties from execution of contract commitments in connection with approach of the force majeure circumstances which are interfering obligation fulfillment and arose not at will of the parties is provided in this Section. In the contract the obligation of the party for which there were similar circumstances, to notify other party in certain time on their approach is specified. "Force majeure" is the competent evidence of approach of circumstances the reference issued by authorized body of the country where these circumstances took place, This condition is also specified in the contract.

14. Arbitration. In the contract the procedure for the dispute resolution which can arise to honey the parties is established and cannot be settled on bilateral basis. At the same time the place of consideration and the body considering disputes under this contract is concretized. As a rule, business entities of the Republic of Uzbekistan, for the purpose of reducing it is judicial - procedural expenses and reducing terms of consideration of disputes specify the Supreme Economic Court of the Republic of Uzbekistan.

15. Execution of the contract. The contract is subject to execution after its conclusion and registration in authorized bodies of the Republic of Uzbekistan.

16. Details of the parties. The text of the contract comes to the end with specifying of details of the parties. Post details, the address, bank and shipping requisites are specified. Signatures of business entities are certified of the contract them by seal.

17. Contract language. The contract is accepted on registration, constituted on Uzbek or Russian. In other cases certified translation of authorized persons is represented. As a rule, if the contract is constituted in two languages, it is drawn up in the form of parallel transfer on the left and right side of pages of the contract and give identical legal force to texts in each language.

18. Initialing of the contract. Pages of the contract shall be vised by the contracting parties. Each leaf of the contract, any amendments, erasures, corrections in the text of the contract shall be initialed.

V. Terms and registration form of contracts

Registration of the contract is performed within 10 working days from the moment of receipt of the statement in AVES of the Republic of Uzbekistan.

Registration of the contract based on the appraisal certificates on quality, quantity and price level, the issued consulting firms performing pre-shipment inspection is made within 2 working days from the moment of receipt of documents in attendance procedure.

Registration of the contract which is handed over repeatedly after elimination of the notes specified in the conclusion of AVES is performed during 5 - ти the working days from the moment of receipt of the statement in AVES of the Republic of Uzbekistan.

Registration of amendments and changes to earlier registered contract, is performed during 7 - ми the working days from the moment of receipt of the statement in AVES of the Republic of Uzbekistan.

In case of adoption of the positive decision the contract is registered in the magazine of the established form with execution of the registration certificate of the contract. On each leaf of the original of the contract the corresponding stamp with the signature of authorized officers of AVES is put down. Effective period of the certificate is determined according to the duration of the contract.

In case of adoption of the negative decision the conclusion under the contract with indication of causes of failure in registration is drawn up.

The conclusion is drawn up in writing signed by authorized officers of the Ministry of Foreign Economic Relations and goes to the applicant.

Issue of the conclusions in attendance procedure is allowed.

The registered contracts with the certificate, and in case of return of documents for completion - the contract with the conclusion, return to the applicant, on submission to them of the identity document and power of the person (the certificate or the power of attorney).

Single identification number at which further it is accepted on accounting in authorized banks and customs authorities is assigned to the registered contract.

The contracts returned on completion are fixed in lists of the accepted documents for registration.

Cancellation of the registration certificate of the contract issued by AVES is performed upon the demand of business entity or in other cases, stipulated by the legislation, with the obligatory notice of the Central bank and State Customs Committee of the Republic of Uzbekistan.

VI. The bases for refusal in registration of contracts

The basis for refusal in registration of contracts can be:

1. Discrepancy of conditions of the provided contracts to the commonly accepted regulations of international trade and the current legislation of the Republic of Uzbekistan (at the same time in the conclusion reference to specific regulations, their Items (Articles) is made);

2. Overestimate or understating of the contract prices concerning price level which developed in the world market on goods of the corresponding quality by the time of contract signature.

3. Acquisition by business entities morally and physically obsolete, economically inefficient equipment and technologies;

4. Acquisition of ecologically harmful productions, ozone-depleting substances and the equipment with their use and other ecologically harmful goods;

5. Lack of the name in the state register of medicines and products of the medical appointment approved by the Ministry of Health of the Republic of Uzbekistan or the corresponding permission of the Ministry of Health of the Republic of Uzbekistan.

6. Lack of the Order of the Cabinet of Ministers of the Republic of Uzbekistan, and also permission of authorized body in case of acquisition of specific goods;

7. Lack of permission of the Head public administration of veterinary science of the Ministry of agricultural and water economy of the Republic of Uzbekistan (with indication of number and date of the contract, scope of supply, description of goods, countries of source) in case of acquisition of meat and meat and dairy products.

8. Non-compliance with provisions of this provision.

The refusal in registration of the contract can be appealed judicially.

VII. Final provisions

For the purpose of providing the most advantageous conditions when implementing the foreign trade transactions, maintenance of necessary level of competence and prestige of the business entities of the Republic of Uzbekistan entering the world markets of goods and services, and also the deliveries performed within intergovernmental contracts and agreements based on appeals of business entities, orders of the Government of the Republic of Uzbekistan, the Agency on external commercial relations of the Republic of Uzbekistan in necessary cases preliminary expert examination of the drafts contract assumed to the conclusion with subsequent their registration in accordance with the established procedure can be carried out.

Consider invalid "Temporary "order of registration" of the barter contracts signed by business entities of the Republic of Uzbekistan" of 29.01.96 N 221

 

Minister of external commercial ties Republic of Uzbekistan

E. Ganiyev

Minister of Finance Republic of Uzbekistan

R. S. Azimov

Chairman State customs committee

S. A. Aripov

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