RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 7, 2006 No. 190

About measures for streamlining of activities for tobacco products manufacture

For the purpose of activities streamlining to tobacco products manufacture, according to the Law of the Republic of Uzbekistan "About licensing of separate types of activity" of May 25, 2000 the No. 71-II Cabinet of Ministers decides:

1. Take into consideration that the bill of the Republic of Uzbekistan "About entering of amendment into the Resolution of Oliy Majlis of the Republic of Uzbekistan of May 12, 2001 No. 222-II "About the List of types of activity on which implementation licenses are required", providing introduction in the territory of the Republic of Uzbekistan of licensing of activities to tobacco products manufacture is submitted for consideration of Legislative house of Oliy Majlis of the Republic of Uzbekistan.

2. Approve Regulations on activities licensing to tobacco products manufacture according to appendix No. 1 and enact it from the date of entry into force of this resolution of the Law specified in Item 1.

3. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 23.08.2019 No. 707

4. Make changes and additions to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

5. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Azimov R. S.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 7, 2006 No. 190

Regulations on activities licensing to tobacco products manufacture

I. General provisions

1. This Provision determines procedure for licensing of activities to tobacco products manufacture.

2. Activities for industrial production of tobacco products are subject to licensing (cigarettes, cigarettes of all classes, cigars and cigarillos).

3. Activities to tobacco products manufacture can be performed only by legal entities.

4. On the right of implementation of activities of tobacco products standard (simple) licenses are granted.

The license is granted separately on the types of activity specified in Item 2 this provision.

5. The license for the right of implementation of activities for tobacco products manufacture is granted without restriction of term of its action.

6. Decisions on issue of licenses, suspension or cancellation of the license, and also its cancellation and renewal are accepted by Inspectorate for regulation of the alcoholic and tobacco market under the Ministry of Finance of the Republic of Uzbekistan (further - the licensing body).

II. Licensed requirements and conditions necessary for licensing

7. Licensed requirements and conditions for issue of licenses on tobacco products manufacture to job seekers are:

a) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 16.07.2018 No. 539

b) The paragraph one is excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 16.07.2018 No. 539

obligatory compliance with law of the Republic of Uzbekistan in the field of tobacco products manufacture, technical regulations or standards;

observance of complete production cycle of production set of rooms, availability of processing equipment, the workshop of primary conversion of raw materials (preliminary purification and preparation of tobacco for transfer to production of finished goods) and workshops of secondary conversion - production of cigarettes and other finished goods providing conversion of raw materials in products ready for realization to the final consumer;

availability of the laboratories having the approved technical qualification on engineering supervision of tobacco products manufacture;

providing safe engineering, requirements and regulations of fire safety, production sanitation and ecology in case of tobacco products manufacture;

availability of the registered (patent) trademarks;

availability by each type of products of the technological instructions developed according to requirements of the international and national standards;

availability of the equipment for marking, excise stamps of the made tobacco products according to the procedure, stipulated by the legislation the Republic of Uzbekistan;

use in case of the tobacco products manufacture of the tobacco raw materials including delivered on import, which are meeting the requirements of technical regulations or standards and having the appropriate certificates issued according to the procedure, established by the legislation. At the same time the annual amount of the tobacco raw materials delivered on import shall not exceed 80 percent from the total annual amount used in case of tobacco products manufacture. Advancing of purchases of tobacco raw materials at domestic agricultural manufacturers shall be provided in the amount of at least 50 percent from contract value for timely holding agrotechnological actions.

8. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 23.08.2019 No. 707

III. Documents necessary for receipt of the license

9. For receipt of the license the license applicant submits the following documents:

the statement for licensing with indication of the name and form of business of the legal entity, the place of its stay (postal address), the name of organization of bank and the room of the settlement account in bank, the licensed type of activity (or its parts);

copy of the certificate on state registration of the legal entity;

the conclusion of the Ministry of Economics of the Republic of Uzbekistan about economic feasibility of the capacities offered to input on tobacco products manufacture;

the conclusion of the Uzbek agency on technical regulation about availability of necessary conditions for production according to the established requirements;

the document confirming introduction by the license applicant of collection for consideration of the application of the license applicant;

the conclusion of bodies of sanitary and epidemiological surveillance about compliance of working conditions and the equipment to sanitary and hygienic requirements, and also copies of the sanitary and epidemiologic conclusions on processing equipment;

conclusion of bodies of fire supervision about production compliance to requirements of fire safety;

the passport of production facility including data about:

master plan of production facility, including document on arrangement of production cycle and technical communications;

country of source, producer, year of release of the equipment;

technical condition of the equipment and the established production capacities.

The licensing body independently obtains the documents and information, necessary for licensing, which are available in other authorized bodies, in accordance with the established procedure by means of information exchange, including in electronic form, except for the documents and information provided by this Item.

10. The requirement from the license applicant of submission of the documents which are not provided by this Provision is not allowed.

11. The documents necessary for receipt of the license are represented by the license applicant to the licensing body directly, through means of mail service or electronically with the notification on their obtaining. The documents submitted electronically are confirmed by the digital signature of the license applicant. Instruction in the statement for licensing of the e-mail address of the license applicant is its consent to receipt of the notification on the made decision according to its statement electronically by means of information system.

12. The license applicant bears responsibility according to the legislation for provision of the doubtful or distorted data.

IV. Consideration of the application and decision making about licensing or about refusal in licensing

13. For consideration of the application of the license applicant collection in quadruple size of basic settlement sizes, the Republic of Uzbekistan established by the legislation on the date of payment is levied.

The collection amount for consideration of the application is credited into the special account of the licensing body. In case of refusal the license applicant from the submitted application the fee paid amount is not subject to return.

14. Activities licensing to tobacco products manufacture is performed according to the scheme attached to this Provision.

The decision on licensing to the license applicant or about refusal in licensing is accepted in time, not exceeding thirty days from the date of receipt of the statement of the license applicant with all necessary documents.

At the same time the licensing body has the right if necessary with departure into place to check compliance of conditions of production to the documents submitted for consideration.

15. The licensing body notifies the license applicant on the made decision within three days after adoption of the relevant decision.

The notification on decision making goes for licensing (is handed) to the license applicant in writing or electronically with the notification on their obtaining with indication of bank account details, payment due date of the state fee.

Along with the notice on decision making the license agreement goes for licensing for signing.

The license agreement is signed between the licensing body and the licensee and shall contain:

surname, name, middle name, position of persons which signed the agreement;

details of the parties;

the name of specific type of activity (its part) on which implementation the license is granted;

the licensed requirements and conditions shown to the licensee;

responsibility of the parties for violation of requirements and conditions of the license agreement;

procedure for control from the licensing body of accomplishment by the licensee of requirements and conditions of the license agreement;

procedure for modification and amendments in the license agreement;

list of systematic or single gross violation by the licensee of licensed requirements and conditions;

other necessary information according to the current legislation.

The license agreement is constituted in duplicate - in one copy for the licensee and the licensing body. The license agreement on behalf of the licensing body is signed by his chief.

16. Licenses are drawn up by the licensing body on forms of the established form and signed by the chief of the licensing body.

Forms of licenses are documents of the strict reporting, have accounting series, number and degree of security.

17. The license is granted in three-day time after representation by the license applicant of the document confirming payment of the state fee, and signing of the license agreement by it.

18. If the licensee within three months from the moment of the direction (delivery) of the notification on decision making on licensing did not submit to the document licensing body confirming payment of the state fee for licensing or did not sign the license agreement, the licensing body has the right to make the decision on cancellation of the license.

19. Licensing it can be refused on the bases, the stipulated in Article 17 Laws of the Republic of Uzbekistan "About licensing of separate types of activity".

The license applicant has the right to appeal the decision on the refusal in licensing, and also actions (failure to act) of the official of the licensing body according to the procedure established by the legislation.

20. In case of decision making about refusal in licensing the notification on refusal goes (is handed) to the license applicant in writing with indication of specific causes of failure and the term sufficient in order that the license applicant, having removed the specified causes, could submit documents for de novo review. The term specified in the notification on refusal in licensing shall be proportional to time necessary for remedial action.

21. In case of elimination by the license applicant of the reasons which formed the basis for refusal in licensing, de novo review of documents is performed in time, not exceeding ten days from the date of receipt of the statement of the license applicant with all necessary documents.

For de novo review of statements of license applicants collection is not levied.

In case of de novo review of the statement of the license applicant the refusal in licensing on the new bases which are earlier not specified in the notification on refusal in licensing is not allowed.

The application submitted after the term specified in the notification on refusal in licensing is considered again given.

V. Renewal of the license, issue of the duplicate

22. In case of transformation of the licensee, change of its name or the place of its stay (postal address) the licensee or his legal successor shall submit after passing of re-registration to the licensing body the application for renewal of the license with appendix of the relevant documents confirming the specified data in a month.

In case of merge of the licensees having for date of state registration of again arisen legal entity of the license for the right of implementation of activities for tobacco products manufacture renewal of the license according to the procedure, provided by paragraph one of this Item is allowed.

23. Before renewal of the license the licensee performs the activities specified in it based on earlier granted license.

24. In case of renewal of the license the licensing body enters corresponding changes in the register of licenses. Renewal of the license is performed within five days from the date of obtaining by the licensing body of the statement for renewal of the license with appendix of the relevant documents.

In case of renewal of the license collection in the amount of 50 percent of the amount paid for consideration of the application of the license applicant about licensing is levied. The amount of collection is credited into the special account of the licensing body.

25. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 23.08.2019 No. 707

26. Instead of the lost or become useless license, according to the statement of the licensee the duplicate can be issued. At the same time the licensee shall publish the message on invalidity of the lost license in mass media, and also provide the publication to the licensing body.

In case of issue of the duplicate of the license collection in the amount of 50 percent of the amount paid for consideration of the application of the license applicant about licensing is levied. The amount of collection is credited into the special account of the licensing body.

VI. Control of observance of licensed requirements and conditions

27. Control of observance by the licensee of licensed requirements and conditions is performed by the licensing body according to the procedure, established by the legislation and the license agreement.

28. In case of control of observance of licensed requirements and conditions the licensing body, within the competence, has the right:

carry out according to the procedure, established by the legislation, checks of observance by the licensee of licensed requirements and conditions;

request and obtain necessary information on the questions arising when conducting checks of observance of licensed requirements and conditions from the licensee;

draw up based on results of checks statements (references) with indication of specific violations by the licensee of licensed requirements and conditions;

pass the decisions obliging to eliminate the licensee the revealed violations, to establish terms of elimination of such violations;

make the decision on suspension, cancellation or cancellation of the license;

in accordance with the established procedure to direct to tax authorities materials about the elicited facts of implementation by business entities of activities to tobacco products manufacture without license for acceptance of stipulated by the legislation measures.

29. When checking observance of licensed requirements and conditions by the licensing body the statement in duplicate is drawn up, one of which is given to the licensee, the second copy remains in the licensing body.

For conducting checks of observance of licensed requirements and conditions on the decision of the licensing body inspectors of the Uzbek agency on technical regulation and other state bodies can be attracted.

VII. Suspension, cancellation, cancellation of the license

30. Suspension and cancellation of the license, cancellation of the license is made according to the decision of the licensing body in the cases and procedure provided by articles 22-24 of the Law of the Republic of Uzbekistan "About licensing of separate types of activity".

31. The decision of the licensing body on suspension and cancellation of the license, cancellation of the license can be appealed judicially. In case of recognition by court of groundlessness of the decision of the licensing body the licensing body bears before the licensee responsibility in the amount of the suffered damage.

VIII. Register of licenses

32. The licensing body keeps the register of licenses.

In the register of licenses shall be specified:

name of the legal entity, its form of business, postal address, phone numbers;

bank account and identification taxpayer number;

date of issue and license number;

license effective period;

product name on which production the license is granted;

basis and date of renewal, prolongation of effective period, suspension and renewal of action of the license;

basis and date of cancellation of the license;

basis and date of cancellation of the license;

basis and date of issue of the duplicate.

33. Information containing in registers of licenses is posted on the website of the licensing body and is open for acquaintance.

IX. Payment procedure of the state fee

34. The state fee for licensing for the right of implementation of activities for tobacco products manufacture is established in the amount of 200 basic settlement sizes - on production, stipulated in Item 2 this provision.

Means of the state fee for issue of licenses are enlisted in off-budget fund of Inspectorate for regulation of the alcoholic and tobacco market under the Ministry of Finance of the Republic of Uzbekistan.

Appendix

to Regulations on licensing of activities for fermentation of tobacco raw materials and tobacco products manufacture

Scheme of licensing of activities for tobacco products manufacture

 

Appendix № 2

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 7, 2006 No. 190

Structure of the Commission of the Cabinet of Ministers on licensing of activities for production of ethyl alcohol, alcoholic products, fermentation of tobacco raw materials and to tobacco products manufacture

Voided according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 07.04.2017 No. 192

Appendix №. 3

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 7, 2006 No. 190

Changes and additions made to some decisions of the Government of the Republic of Uzbekistan

1. The Section "Cabinet of Ministers of the Republic of Uzbekistan" of appendix No. 1 to the resolution of the Cabinet of Ministers of June 28, 2002 No. 236 "About measures for implementation of the Law of the Republic of Uzbekistan "About licensing of separate types of activity" (2002, No. 6, the Art. 36) to add the joint venture of the Republic of Uzbekistan with the paragraph of the following content:

"Fermentation of tobacco raw materials and tobacco products manufacture".

2. Ceased to be valid

3. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 23.08.2019 No. 707

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