RESOLUTION OF THE STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF FOREIGN ECONOMIC RELATIONS, INVESTMENTS AND TRADES OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF ECONOMICS OF THE REPUBLIC OF UZBEKISTAN

of April 17, 2008 No. 01-02/12-21, 17 of April, 2008 No. EG-01/10-1497, 17 of April, 2008 No. 45

About approval of Rules of customs clearance of export of oil and gas raw materials extracted within agreement performance about the Section of products concerning the site of Kandymsky group of fields, sites Hauzak and Shada and also the Kungradsky site of June 16, 2004

According to article 6 of the Law of the Republic of Uzbekistan "About the State Customs Service", the Law of the Republic of Uzbekistan "About subsoil", the Law of the Republic of Uzbekistan "About Production sharing agreements" and resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of June 11, 2004 N 276 "About development of fields of Kandymsky group, Hauzak, Shada and conducting exploration works in the Ustyurt region of the Republic of Uzbekistan on terms of agreement about the Section of products", of September 14, 2004 N 428 "About measures for implementation of the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site" the State Customs Committee, the Ministry of Foreign Economic Relations, Investments and Trades and the Ministry of Economics of the Republic of Uzbekistan decide:

1. Approve Rules of customs clearance of export of the oil and gas raw materials extracted within agreement performance about the Section of products concerning the site of Kandymsky group of fields, sites Hauzak and Shada and also the Kungradsky site of June 16, 2004 according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

 

Chairman State customs committee

S. Nasyrov

Minister of external economic bonds, investments and trade

E.Ganiyev

Minister of Economic Affairs

B. Hodzhayev

Approved by the resolution of the State Customs Committee, Ministry of Foreign Economic Relations, Investments and Trades and Ministry of Economics of April 17, 2008 No. 01-02/12-21, EG-01/10-1497, 45

Rules of customs clearance of export of the oil and gas raw materials extracted within agreement performance about the Section of products concerning the site of Kandymsky group of fields, sites Hauzak and Shada and also the Kungradsky site of June 16, 2004

These rules according to article 6 of the Law of the Republic of Uzbekistan "About the State Customs Service", the laws of the Republic of Uzbekistan "About subsoil", "About Production sharing agreements" and resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of June 11, 2004 N 276 "About development of fields of Kandymsky group, Hauzak, Shada and conducting exploration works in the Ustyurt region of the Republic of Uzbekistan on terms of agreement about the Section of products", of September 14, 2004 N 428 "About measures for implementation of the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site", the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site between the Republic of Uzbekistan and consortium of investors as a part of Open joint stock company "The Lukoil oil company and National holding company "Uzbekneftegaz" of June 16, 2004 establish procedure of customs clearance of the oil and gas raw materials which are exported within the specified Agreement.

1. In these rules the following basic concepts are used:

Production Sharing Agreement - The production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site between the Republic of Uzbekistan and consortium of investors as a part of Open joint stock company "The Lukoil oil company and National holding company "Uzbekneftegaz" of June 16, 2004, including appendices, and also changes and amendments to it;

Lukoil - "Lukoil Oversiz Uzbekistan Ltd." company, being the legal entity by the legislation of the British Virgin Islands, and also her legal successors and admissible cessionaries. The specified company the rights and obligations "Are assigned to the Lukoil oil company, according to the Deed of conveyance of the rights and obligation under the Production Sharing Agreement;

Operator - Lukoil Uzbekistan Opereyting of the Company LLC created for the organization of performance of works for the Production Sharing Agreement and registered in the Republic of Uzbekistan on July 9, 2004. The operator uses the customs privileges and preferences provided according to the Production Sharing Agreement;

Authorized body - the Ministry of Economics of the Republic of Uzbekistan;

The investor - jointly "Lukoil Oversiz Uzbekistan Ltd." and NHK "Uzbekneftegaz", and also their legal successors and admissible cessionaries.

The marketing company - "Lukoil Oversiz Sapplay энд Trading Ltd" (LUKOIL Overseas Supply and Trading Ltd.), created for the purposes of realization of joint sale of oil and gas raw materials, being the legal entity by the legislation of the British Virgin Islands.

Oil and gas raw materials - oil, natural gas, condensate, other hydrocarbon products, and also passing substances which are found, extracted or are otherwise received, prepared and kept during oil and gas transactions on the contract area of development and delivered to the corresponding delivery point.

The authorized person Investora - the legal entity or physical person which is properly authorized by Investor, including the Operator and the Marketing company, representing Investor's interests within the Production Sharing Agreement in state bodies of the Republic of Uzbekistan.

The authorized person of the Marketing company - the legal entity or physical person which is properly authorized by the Marketing company registered in the Republic of Uzbekistan and representing the interests of the Marketing company within the Production Sharing Agreement in state bodies of the Republic of Uzbekistan.

2. Export of natural gas out of limits of the Republic of Uzbekistan is performed by the Marketing company for and on behalf of Authorized body and the Investor in customs regime of export.

Export of the natural gas belonging to the Investor and Authorized body is performed by the Marketing company according to provisions of Article 14 Production Sharing Agreement without registration of export contracts in the Ministry of Foreign Economic Relations, Investments and Trades and their registrations in authorized bank and customs authorities.

3. The customs clearance of the exported natural gas is performed by the Marketing company or the Authorized person of the Marketing company. Amounts and the prices of the exported natural gas are determined according to provisions Production Sharing Agreements and conditions of the export contracts of natural gas signed by the Marketing company on conditions DAF border of the Republic of Uzbekistan (The Incoterms-2000 with subsequent changes) on commercial metering station of accounting of gas of systems of gas pipelines Central Asia-Center or Bukhara - the Urals on which the natural gas delivered within the Production Sharing Agreement crosses border of the Republic of Uzbekistan with the Republic of Kazakhstan.

4. Conducting examination and issue of certificates of the country of goods' origin on the exported natural gas is performed according to the statement of the Marketing company or the Authorized person of the Marketing company according to Regulations on procedure for carrying out certification of goods origin in the Republic of Uzbekistan (рег. N 945 of July 13, 2000 - the Bulletin of regulations, 2000, N 13).

5. Declaring and customs clearance of the natural gas moved with pipeline transport is performed on two-stage basis.

6. At the first stage: monthly no later than the 20th preceding month of movement of natural gas through customs border of the Republic of Uzbekistan, the Marketing company or the Authorized person of the Marketing company represents to customs authority the temporary (incomplete) cargo customs declaration (далееВГТД) on amounts of the natural gas planned to movement through customs border of the Republic of Uzbekistan in month under report and the following documents:

a) the copy of the Production Sharing Agreement (it is represented only in case of initial registration);

b) export contract of natural gas;

c) the document confirming payment of charges for customs clearance;

d) invoice (invoice) on amounts of the natural gas planned to movement through customs border of the Republic of Uzbekistan;

e) the settlement document of the Marketing company with data on the country of destination, weight, amount, quantity and cost of the natural gas planned to movement through customs border of the Republic of Uzbekistan in month under report.

7. VGTD on natural gas export is filled according to the Instruction about procedure for filling of the cargo customs declaration (рег. N 834 of November 3, 1999 - the Bulletin of regulations, 1999, N

12) taking into account the following features:

a) in the third subsection of the column 1 "Declaration Type" the alphabetic VD index - the temporary (incomplete) cargo customs declaration is specified;

b) in the column 2 "Export Sender" the Marketing company at the request of the Ministry of Economics of RUZ, NHK "Uzbekneftegaz" and "Lukoil Oversiz Uzbekistan Ltd." (at the request of Authorized body and the Investor) with indication of the location of the Marketing company in the Republic of Uzbekistan is specified;

c) in columns 9 and 28 - the corresponding details of the Marketing company in the Republic of Uzbekistan are specified;

d) in the left subsection of the column 24 "Nature of the Transaction" the code of the transaction "79" is specified;

e) in the column 29 "Customs on Border" the name and code of the customs post controlling metering station of accounting of gas of systems of gas pipelines Central Asia-Center or Bukhara - the Urals is specified;

e) in the column 31 "Cargo Pieces and Description of Goods":

the entry "Delivery during _______" with indication of calendar month and year of supply of natural gas is made;

approximate amounts of natural gas proceeding from intentions of its export during the specified period are specified;

g) in the last two figures of the column 37 "Procedure" the 33 code is specified;

h) in the column 44 "Additional Information / the Submitted Documents":

under figure 3 as the basis for export the Production Sharing Agreement, number, date and contract value are specified natural gas export;

under figure 8 - number and date of the contract of the order between the Marketing company and Authorized body, NHK "Uzbekneftegaz", "Lukoil Oversiz Uzbekistan Ltd.";

i) in the column 45 "Customs value" the arbitrary customs value determined according to the amounts of natural gas planned to movement through customs border based on terms of the contract for natural gas export is declared;

j) other data which are subject to the statement in VGTD are specified approximate taking into account the planned amount of natural gas.

Columns VGTD which filling requires availability of the documents submitted in case of execution of the complete Cargo customs declaration (further - GTD) are not filled in.

8. Acceptance, registration and customs clearance of VGTD and other documents is made by customs post of registration according to the procedure applied concerning the goods declared by giving of GTD. Registration of VGTD is made in the magazine of registration of GTD.

9. Submission due date of complete GTD shall not exceed two months from the moment of the end of the settlement period specified in VGTD. In exceptional cases (in case of reasonable delays of provision of the documents necessary for giving of complete GTD), with the permission of the chief territorial customs management submission due date of GTD can be prolonged up to 30 days. At the same time the Marketing company, or the Authorized person of the Marketing company, in writing addresses on customs post of registration, having specified the reasons of impossibility of giving of complete GTD.

10. At the second stage the customs clearance of complete GTD according to the legislation of the Republic of Uzbekistan existing on the date of acceptance of VGTD by customs authority is made.

Along with GTD the following documents are submitted:

a) VGTD;

b) the delivery-acceptance certificate of the Uzbek natural gas on customs border of the Republic of Uzbekistan signed by gas transmission company of the Republic of Uzbekistan and the Operator.

c) the commercial delivery-acceptance certificate of natural gas of the Investor and Authorized body on customs border of the Republic of Uzbekistan signed by the Marketing company and the buyer;

d) invoice (invoice) on amounts of the natural gas which is actually moved through customs border of the Republic of Uzbekistan in month under report;

e) the certificate of the Marketing company of supply of natural gas in month under report with data on the country of destination, weight, amount, quantity and cost of the natural gas which is actually moved through customs border of the Republic of Uzbekistan and data on the joint foreign bank account - the account opened by the Marketing company in the foreign bank outside the Republic of Uzbekistan and intended for direct transfer of all means which arrived from realization of oil and gas raw materials to the third parties and also for the subsequent transfer of such funds for the joint account in the Uzbek bank registered in the territory of the Republic of Uzbekistan and the joint account in the Uzbek bank - the account opened by the Marketing company in the bank registered in the territory of the Republic of Uzbekistan for transfer on it all means from the joint foreign bank account;

e) certificate of conformity;

g) the certificate of calculations (within implementation of production sharing agreements) issued by authorized bank in form according to the appendix N 3 to the Regulations on procedure for execution of the certificate of calculations (рег. N 1137 of May 14, 2002 - the Bulletin of regulations, 2002, N 9).

11. GTD is filled according to the Instruction about procedure for filling of the cargo customs declaration (рег. N 834 of November 3, 1999 - the Bulletin of regulations, 1999, N 12) taking into account filling of VGTD and the following features:

a) help number VGTD is specified to the column 40 "General Declaration / Prior Document";

b) in the column D "Customs control" the employee of customs authority in addition dates the last day of month in which supply of natural gas was performed, signs it, assures personal number seal and brings in the electronic copy of complete GTD.

12. GTD the same help number, as VGTD is assigned, at the same time they are integral part of each other.

13. In case of discrepancy of the actual amounts of the natural gas specified in GTD and VGTD by provision by the customs applicant of documents on the actual movement of natural gas renewal of VGTD is not made.

At the same time if the amount added and subject to customs payment according to GTD, exceeds the amount paid on VGTD their surcharge is made. Surcharge of customs payments is made by the payer to or along with acceptance of GTD by customs authority of the Republic of Uzbekistan.

If the amount added and subject to customs payment according to GTD, is less than amount paid on VGTD, return or offset on account of future payments of excessively paid customs payments is performed according to the Instruction about return of excessively paid or enforced customs payments (рег. N 947 of July 14, 2000 - the Bulletin of regulations, 2000, N 13).

14. In cases if export supply of the natural gas declared to movement on VGTD did not take place, such VGTD is cancelled. At the same time return of the amount of the paid customs payments is performed according to the Instruction about return of excessively paid or enforced customs payments, (рег. N 947 of July 14, 2000 - the Bulletin of regulations, 2000, N 13).

15. Accounting of the natural gas moved with the Marketing company through customs border of the Republic of Uzbekistan is conducted based on code 00000016, assigned for the Marketing company by the State Customs Committee of the Republic of Uzbekistan.

16. Features of implementation of customs clearance of export of other types of oil and gas raw materials according to Item 20.5 Production Sharing Agreement will be established by corresponding changes and amendments in these rules.

17. These rules are approved with the Ministry of Finance of the Republic of Uzbekistan, Board of the Central bank of the Republic of Uzbekistan and the Operator.

 

Minister of Finance

R. Azimov

Chairman of the board Central Bank

F.Mullazhanov

CEO of Ltd company "Lukoil Uzbekistan Opereyting company"

S. Nikiforov

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