OBTAINING THE STATUS OF THE SUBJECT OF THE FEZ “PANJ”

The state registration of an individual entrepreneur, legal entity, branch and (or) the representative office of the legal entity, resident and non-resident of the Republic of Tajikistan, who showed his/her willingness to obtain the status of the entity of FEZ “Panj” (hereinafter referred to as – the Applicant) shall be fulfilled in accordance with this Provision and the legislation of the Republic of Tajikistan.  

The owners of real estate objects located in the territorial boundaries of the free economic zones prior to the creation of free economic zones, shall retain the right to use land plots under the mentioned objects in accordance with the legislation of the Republic of Tajikistan.

The owners of the real estate objects referred to in this article shall be entitled, within three years of the transitional period, to choose the legal regime of the free economic zone and to obtain the status of a subject of free economic zone or to retain the usual regime of their activities, in accordance with the tax and customs legislation of the Republic of Tajikistan.

The administration of the free economic zone shall issue to the registered subject of the free economic zone a certificate of the free economic zone. The format of the certificate shall be approved by the authorized state body on free economic zones.

The certificate of the free economic zone – a document certifying the right of activity in and use of the a special legal regime of the free economic zone.

For the purpose of the state registration of an individual entrepreneur and legal entities, branches and representative offices of the legal entities – residents and nonresidents of the Republic of Tajikistan, FEZ Administration shall, as the entity of FEZ, give a document to the applicant confirming the legal address in the FEZ “Panj”.

Certificate shall be considered as a document confirming the registration of the applicant as the entity of FEZ, as the activity license to use the benefits and special regimes granted in the territory of FEZ “Panj”.under this Provision. 

Subjects of free economic zones have the right to carry out several activities.

FEZ subjects are individual entrepreneurs and organizations regardless of legal forms provided by the legislation of the Republic of Tajikistan, and also branches and their representations that:

1. registered as a legal entity in the tax office of the Jayhun region;
2. submission of a protected business plan or investment project to the commission of the FEZ Administration;
3. concluded an agreement on the implementation of activities in the territory of the FEZ “Panj” with the Administration of the FEZ;
4. certificates of subjects of FEZ “Panj” are accepted in the manner prescribed by this Regulation.

Certificates are given on the following terms:

• certificate on commercial activity will be given for a period 10 years;
• certificate on production activity will be given for a period 15 years.

      Amount of certificate on any activities regardless of their production volume and turnover constitutes 5 thousands US dollars.

Business plan (s) and (or) investment project (s) shall meet the following requirements:

• The volume of investments to carry out productive activity – not less than the amount equivalent to 500 thousand U.S. dollars;
• Import, not less than 90 percent of industrial manufacturing equipment;
• The period of early use of imported manufacturing equipment shall not exceed 3 years;
• The volume of investments for export and import activity – not less than the amount equivalent to 50 thousand U.S. dollars;
• The volume of investments for rendering services activity – not less than the amount equivalent to 10 thousand U.S. dollars;
• The entity of FEZ to implement production of goods within 2 years from the date of state registration obtained.

To conclude a contract, the applicant must provide the following documents  in the FEZ Administration:

 –   statement;

–   documents confirming state registration on the territory of FEZ “Panj”;

–   samples of signatures of authorized persons of the applicant.

Set of documents (samples)

• Application according to the form approved by the Administration of FEZ “Panj”;
• Reference sheet of the organization;
• Application form – an application for certification of the subject of FEZ “Panj”;
• Rules for business development – investment plans and (or) investment projects submitted for obtaining the status of a subject of a free economic zone;
• Detailed data on the preparation of business plans.

Temporary adjournment of FEZ subjects activity

       Temporary adjournment, reactivation of FEZ subjects activity and certificate cancellation of FEZ subjects is carried out due to the following reasons:

      Temporary adjournment of FEZ subjects activity is carried by FEZ Administration for the term up to three months, in case of occurrence of below-mentioned circumstances:

• Non-compliance with the terms of the agreement made by and between FEZ Administration on the part of FEZ entity;
• in case of confirmation that FEZ subject, its authorized representative or employee did harm to services objects and equipment of FEZ and these actions are continuing, in spite of notification from FEZ Administration’s side and (or) refusing to compensate damages;
• Not meeting the requirements of this Provision by the FEZ entity or commission of actions violating the established order in the FEZ ” Panj”.

Reactivation of FEZ subject activity

       Reactivation of FEZ subjects activity is allowed by FEZ Administration while fulfilling conditions or removing the reasons of FEZ subject activity adjournment;

Procedure for canceling the status of a FEZ subject

Voluntary relinquishment of the status of the subject of a free economic zone shall be carried out by the administration of the free economic zone in accordance with the legislation of the Republic of Tajikistan.

In the event if a subject of the free economic zone shall violate the legislation of the Republic of Tajikistan and shall fail to comply  with the provisions of the contract on exercising activities on the territory of the free economic zone, the administration of the free economic zone shall be entitled, on the basis of the regulations of the free economic zone, to take a decision to recall the status of the subject of the free economic zone.

Cancellation (annulment) of the certificate shall be made by the FEZ Administration when the facts and the information on the following circumstances are verified:

• If it turns out that during the period specified in the agreement, the reasons that led to the temporary suspension of the activity of FEZ entity are not eliminated;
• If it is determined that the requirements of this Provision and normative-legal acts of the Republic of Tajikistan are violated on the part of FEZ entity.