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Resolution of the President of Turkmenistan
“On State Registration of Projects and Programmes on Foreign Technical, Financial and Humanitarian Assistance and Grants”

as of 14 November 2003, Ref. No. 6446 (Compilation of Acts by the President of Turkmenistan and Government Resolutions of Turkmenistan, 2003, Ref. No. 11, Article 392)

(including amendments introduced by the Resolution of the President of Turkmenistan of 23 March 2004, Ref. No. 6643, and Resolution of the President of Turkmenistan of 8 September 2006, Ref. No. 8054)


For the purpose of establishing one systematized database containing all types of projects and programmes on foreign technical, financial and humanitarian assistance and grants provided by foreign states, international organizations, financial institutions, foreign companies, public associations and religious organizations, as well as physical entities in foreign countries, to ministries and agencies of Turkmenistan, and other recipients of foreign technical, financial, humanitarian assistance and grants on a gratuitous basis, I HEREBY RESOLVE the following:

1. To entrust:
the Ministry of Economy and Development of Turkmenistan with the duty to register projects and programmes on foreign technical, financial and humanitarian assistance and grants, excluding registration of projects and programmes on this kind of assistance and grants provided to public associations and religious groups (hereinafter referred to as “religious organizations”) registered in Turkmenistan. To determine that the Ministry of Economy and Development of Turkmenistan shall keep a Unified State Register of foreign technical, financial and humanitarian assistance and grants.
the Ministry of Justice of Turkmenistan with the duty to register projects and programmes on foreign technical, financial and humanitarian assistance and grants provided to public associations and religious organizations registered in Turkmenistan.
2. To approve the Procedure for Registration of Projects and Programmes on Foreign Technical, Financial and Humanitarian Assistance and Grants in Turkmenistan enclosed herewith and procedure for keeping the Unified State Register of foreign technical, financial and humanitarian assistance and grants.
3. The Ministry of Justice of Turkmenistan shall, within one month, re-register the existing projects and programmes on foreign technical, financial and humanitarian assistance and grants provided to public associations and religious organizations registered in Turkmenistan.
4. Ministries and agencies of Turkmenistan and other beneficiaries of foreign technical, financial and humanitarian assistance and grants shall be registering, on a mandatory basis and as appropriate, projects and programmes on foreign technical, financial and humanitarian assistance and grants in either the Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan, and providing them with interim and final reports on their implementation.
5. The State Mercantile Exchange of Turkmenistan and State Customs Service of Turkmenistan shall not carry out any exchange and customs procedures with regard to projects and programmes on foreign technical, financial and humanitarian assistance and grants without a registration certificate on the above-mentioned projects, programmes and grants either in the Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan (as appropriate), as well as an extract from the Unified State Register of foreign technical, financial and humanitarian assistance and grants.
6. The Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan shall be providing timely information about the registered projects and programmes on foreign technical, financial and humanitarian assistance and grants to the Ministry of Foreign Affairs of Turkmenistan in order to issue visas to foreign consultants and specialists.
7. To determine that a violation of the procedure for registration of projects and programmes on foreign technical, financial and humanitarian assistance and grants by public associations and religious organizations, whether they be registered or not, shall result in liability as established by the law of Turkmenistan.
8. To recognize the Resolution of the President of Turkmenistan “On State Registration of Projects and Programmes on Foreign Technical Assistance” of 11 January 2002, Ref. No. 5497 (Compilation of Acts by the President of Turkmenistan and Government Resolutions of Turkmenistan, 2002, Ref. No. 1, page 12) as void.


Procedure
for Registration of Projects and Programmes on Foreign Technical, Financial and Humanitarian Assistance and Grants

Approved by the Resolution of the President of Turkmenistan of 14 November 2003, Ref. No. 6446 (Compilation of Acts by the President of Turkmenistan and Government Resolutions of Turkmenistan, 2003, Ref. No. 11, page 392)

1. This Procedure shall identify the process of state registration with regard to projects and programmes on foreign technical, financial and humanitarian assistance and grants in Turkmenistan, as well as maintaining the Unified State Register of foreign technical, financial and humanitarian assistance and grants (hereinafter referred to as “the Register”).
2. State registration of projects and programmes on foreign technical, financial and humanitarian assistance (hereinafter referred to as “all types of foreign technical assistance”) and grants shall be the ultimate administrative act allowing the implementation of the above-mentioned projects, programmes and grants in accordance with the applicable law of Turkmenistan.

State registration shall be carried out by providing a special certificate issued by the Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan (as appropriate).
3. Projects and programmes on all types of foreign assistance and grants shall be considered those projects, programmes and grants that are carried out in Turkmenistan at the expense of assistance and funds provided on a gratuitous basis by foreign states, international organizations, financial institutions, foreign companies, public associations and religious organizations, as well as physical entities in foreign countries, to ministries and agencies of Turkmenistan and other beneficiaries thereof.
4. State bodies carrying out the registration of projects and programmes on all types of foreign assistance and grants in Turkmenistan shall be the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan.

The Register Holder shall be the Ministry of Economy and Development of Turkmenistan.
5. The Register shall be a systematized data collection that includes information about all types of foreign assistance and grants registered in Turkmenistan provided by foreign states, international organizations, financial institutions, foreign companies, public associations and religious organizations, as well as physical entities in foreign countries, to its beneficiaries in Turkmenistan.
6. The main objectives of the Register shall be the following:
- keeping a uniform state register;
            - compiling regulatory and reference documentation used to manage social and economic developments;

- ensuring the monitoring of registered projects and programmes on all types of foreign assistance and grants in Turkmenistan.
7. The Register Data Collection shall be created based on documents provided for the state registration of projects and programmes on all types of foreign assistance and grants, as well as information about the registration of projects and programmes on all types of foreign assistance and grants related to public associations, religious groups and religious organizations provided by the Ministry of Justice of Turkmenistan.
8. Information concerning the state registration of projects, programmes and grants, as well as any changes thereof, shall be entered in the Register on a mandatory basis.
9. To register projects and programmes on all types of foreign assistance and grants the ministries and agencies of Turkmenistan, as well as other beneficiaries of foreign assistance and grants, shall provide the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan (as appropriate) about any scheduled, current or completed projects and programmes on all types of foreign assistance and grants for the purpose of their registration and entering them in the Register.
10. The following documents shall be provided by beneficiaries of all types of foreign assistance and grants to the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan (as appropriate) for the purpose of state registration and making an entry in the Register:

application request;

documents required to form the Register Data Collection in accordance with the List enclosed herewith.

All documents shall be submitted in Turkmen and Russian. Certified translations into Turkmen and Russian shall accompany any documents provided in other languages.

All forms and samples of such documents shall be approved by the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan (as appropriate).

11. Upon submission of all relevant documents:

a procedure on the state registration of projects and programmes on all types of foreign assistance and grants shall be carried out by entering information on the specific project, programme or grant in the Register and assigning an identification number thereto;

a state registration certificate shall be issued based on the forms approved by the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan (as appropriate).

The state registration certificate shall be certified by a stamp of either the Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan (as appropriate).

The state registration certificate shall be provided to the coordinator of the specific assistance project, programme or grant or someone authorized by him/her having an authorization with their passport details issued in accordance with the applicable procedure.

In case project/programme/grant-related information changes, it shall be submitted to the Ministry of Economy and Development of Turkmenistan or Ministry of Justice of Turkmenistan (as appropriate) on a mandatory basis for the purpose of making an entry in the Register.

Information concerning projects and programmes on all types of foreign assistance and grants registered in the Ministry of Justice of Turkmenistan and provided for public associations, religious groups and religious organizations shall be submitted by the above-mentioned ministry to the Ministry of Economy and Development of Turkmenistan for the purpose of making an entry in the Register.
12. The Ministry of Economy and Development of Turkmenistan shall provide, on a monthly basis, information concerning project/programme/grant implementation to the National Institute of State Statistics of Turkmenistan in accordance with the applicable procedure.
13. At the end of each month the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan shall produce a report about their activities related to the registration of projects and programmes on all types of foreign assistance and grants to be further submitted to the Cabinet of Ministers of Turkmenistan.
14. All documents and information provided to the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan or received from the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan by the interested bodies that are considered confidential shall not be subject to public disclosure, publication or transfer to third parties without the consent of their owner.

LIST

of documents provided to the Ministry of Economy and Development of Turkmenistan and Ministry of Justice of Turkmenistan to form the Register Data Collection

Application request

Basis of agreement (Government Agreement, etc)

Decision of beneficiary’s management 

Beneficiary’s Terms of Reference

Contract and/or agreement on the project or programme on technical, financial and humanitarian assistance and grants

Information about project/programme/grant’s participating parties

Brief information about project/programme/grant implementation at the time of submission

Authorization, a document confirming the authority of project/programme/grant coordinator

Final report upon completion of the project or programme on technical, financial and humanitarian assistance or grant