#Esanova Z.N., Bozarov S.S. LEGAL BASES OF ACTIVITY OF SPECIAL
INDUSTRIAL ZONE “ANGREN” OF THE REPUBLIC OF UZBEKISTAN
LEGAL
BASES OF ACTIVITY OF SPECIAL INDUSTRIAL ZONE “ANGREN” OF THE REPUBLIC OF UZBEKISTAN
Esanova Zamira Normuratovna,
doctor of law,
Associate professor of
Tashkent State University of Law
Bozarov Sardor Sohibjonivich,
independent researcher of
Tashkent
State University of Law
Annotation
In this article it is reviewed special industrial
zones, analyzed the legal bases of activity of special industrial zone, various
preferences and facilitations are granted for foreign and local investors in
the territory of the special industrial zone.
Key words: Special industrial zone, legal regulation of activity
of special industrial zone, investment activity, entrepreneurship, facilitation
and preferences, special legal regime.
The growth of industrial potential, implementation of modern innovation
and high effective technologies in Uzbekistan are also connected with
development of activity of special industrial zones that are established in our
country. Implementation of these new high-technological industries in these
special areas serves as the considerable factor for the development of industry
and effective using of raw material of the region.
Special
industrial zone “Angren” (hereinafter “Angren” SIZ) is one of the significant
contributing factor of integration of Uzbekistan to the world economy.
“Angren” SIZ has been established according to the
Decree of the President of the Republic of Uzbekistan ¹ UP-4436 dated April 13,
2012[1].
The total area of “Angren” SIZ is 14,5 thousand ha, that includes the
territories of Angren and Ahangaran cities of Tashkent region, and part of
territory located between them[2].
Establishment of “Angren” SIZ is aimed to form favorable conditions for
attracting foreign and local investments to create up-to-date high-tech
industrial capacities, which promote manufacture of high value-added
competitive products, complex and efficient use of productive and resource
capacity of Tashkent region, creation on a new jobs and increase of people’s
income[3].
The main task and direction of “Angren” SIZ are:
· the formation of favoraable condition on attracting investments, above all the direct
investment for creation and effective activity of modern high-tech industries
to produce competitive goods with high value-added products in domestic and
world markets;
· provision of
comprehensive and effective using of industrial and resource potential of the
region that is included in the special industrial zone, establishment of new
manufacture on more advanced processing of raw-mineral resources;
· deepening the process of localization of industry of
high-tech outputs on the basis of local raw materials on the foundation of
establishing close cooperative relations and the development of industrial
cooperation between enterprises of the special industrial zone and the whole
country;
· provision of advanced developing and effective using
of transport, engineering-communications and social infrastructure, further
development and wide using of potential of logistics center "Angren"
that was created in the system of automobile and container transportation of
goods[4].
It is
obvious that the free zones are always created in
geographically convenient and favorable regions of country that allow to
investors and entrepreneurs many
privileges. And one of the significant advantages of "Angren" SIZ is
a close location to the major cities of Uzbekistan. In other words from free
zone to the capital of Republic – Tashkent city is 80 km, to the cities of the
Fergana Valley - 240 km[5].
Choosing the territory of "Angren" SIZ was carried out on the
basis of a careful analysis of the industrial and investment potential of the
region and the convenient location for access to foreign markets. In addition,
"Angren" SIZ has an international logistics center "Angren"
with total area of 30 hectares and accommodating more than 300 freight
vehicles. The power of the logistics center is 4 million tons cargo operations[6].
However, the establishment and successful operation of SIZ is also based
on solid legal foundation that includes favorable legal regime for
accomplishing business and investment activity.
Table 1
The list of legal acts
are regulating the activity of “Angren” SIZ
|
¹ |
Name of legal acts and dates |
Name of legal acts |
|
1.
|
Act of the Republic of Uzbekistan ¹ 220-I, on April 25, 1996 |
“About free economic zones” |
|
2.
|
Decree of the President of the
Republic of Uzbekistan ¹.UP-4436, on April 13, 2012 |
About the establishment of special
industrial zone “Angren” |
|
3.
|
Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan ¹ 146, on May 29, 2012 |
Regulation about special
industrial zone “Angren” |
|
4.
|
Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan ¹ 146, on May 29, 2012 |
Regulation about administrative
council of special industrial zone “Angren” |
|
5.
|
Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan ¹ 282, on
October 03, 2012 |
Regulation about the procedure of
choosing investment projects and registration of participants of special
industrial zone “Angren” |
|
6.
|
Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan ¹ 234, on August 26, 2013 |
Regulation on the procedure for
granting land plots for the participants of special industrial zones “Angren” |
According to the article 5 of Law “About
free economic zones”, free economic zones are created in the form of:
free
trade zones;
free
industrial zones;
free
scientific and technical and other zones.
Free
trade zone – includes consignment warehouses, customs free zones as well as
areas for processing, packaging, sorting and storage of goods. Free trade zones
are created in the border areas, airports, railway stations and other places of
the customs territory of the Republic of Uzbekistan.
Free
industrial zone – the territory on which introduced a special regime of
economic and financial activity in order to stimulate entrepreneurship, attract
foreign investment in priority sectors of the economy, introduction of advanced
technologies. Free industrial zones include the area of export-oriented
production, agropolis, business, industrial-economic and other areas.
Free
scientific and technical zones – isolated areas where focused research and
production and training centers, which establishes a special legal regime aimed
at the development of scientific and industrial potential. Free scientific and
technical areas are organized in the form of the functional areas of high-tech
industrial parks, regional innovation centers – techno polis[7].
We all know that solid legal regime is main clue for successfully
accomplishing the business and investment activity in territory of free
economic zones.
According to the article 11 of Law “About free
economic zones” in the free economic zones can be established special customs,
currency, tax regime, as well as the regime of entry, exit and residence of
citizens, labor, financial, credit activities and other regime aimed at
attracting investment, promoting business growth and socio-economic development
of area[8].
The
special customs regime may include:
cancellation
or reduction of customs duties on the import and export of goods;
cancellation
or mitigation of non-tariff restrictions on the import or export;
simplified
procedure of moving goods through the customs border of free economic zone with
their mandatory declaration in the prescribed manner.
Special
currency regime – provides for free circulation and the conversion of national
and foreign currencies. The procedure of functioning of special currency regime
is established by the Central Bank of the Republic of Uzbekistan.
Participants
of business activity (legal entities and individuals) in the territory of free
economic zones enjoy the benefits of taxes and other obligatory payments
established by the legislation, on the basis of equal terms for domestic and
foreign investors[9].
In other words during the activity of “Angren”
SIZ (30 years with possibility of further extension) special tax treatment and
customs benefits are effective in its territory.
Table
2
Participants of special industrial zone “Angren” are
exempted
|
¹ |
Special
industrial zone “Angren” on the basis of the Decree of the President of the
Republic of Uzbekistan ¹ UP-4436, on
April 13, 2012 |
|
1. |
Income tax |
|
2. |
Property tax for legal entities |
|
3. |
Social infrastructure development tax |
|
4. |
Unified tax for small businesses |
|
5. |
Compulsory
contributions to the republican road fund |
|
6. |
Customs payments (except customs clearance duties) for the equipment,
components and materials that are not produced in the country (in accordance
with the list approved by the Cabinet of Ministers). |
Table
3
The preferences are
provided for certain term depending on the amount of contributed investments
|
Certain term |
The volume of investments |
|
“Àngren” SIZ |
|
|
3 years |
from 300 thousands to 3 million US dollars |
|
5 years |
more than 3 million to 10 million US dollars |
|
7 years |
more than 10 million US dollars |
On
the basis of legal acts in the territory of “Angren” SIZ it was created the
favorable conditions for foreign and local investors as well as entities by
providing with high infrastructure including transport, engineering
communication, system of safety labor and convenient vital activity of staff.
For the short period in the territory of “Angren” SIZ it was set up the
manufacture of high-technology outputs as energy-saving lamps, various diameter
copper pumps, coal brick as well as factory of producing sugar and enterprises
with key industry like electrical engineering, mechanical engineering, chemicals and petrochemicals, pharmaceuticals, food processing and deep processing of fruits and vegetables, production
of modern construction materials, leather
industry.
It should be noted that by now it has been created solid legal basis of
establishment and successful regulation of free economic zones as well as
special industrial zones in the Republic of Uzbekistan. In addition there have
been adopted many legal acts on developing the business activity and
comprehensively protection the rights and lawful interests of foreign investors
in our country and in the territory of free zones.
In spite of considerable and effective achievements in this sphere, we
are attempting further development of legal bases of entrepreneurial and
investment activity in special industrial zones, providing the guarantee of
protection the rights and lawful interests of investors and entrepreneurs in
the territory of special industrial zones of Uzbekistan.
[1] Collection of
legislation of the Republic of Uzbekistan, 2012, ¹ 16, art.
177
[2] http://www.mfer.uz/ru/investments/special-economic-zones/952/
[3] Collection of legislation of the Republic of Uzbekistan, 2012, ¹ 16, art. 177
[4] Collection of legislation of the Republic of Uzbekistan, 2012, ¹ 16, art. 177
[5] http://www.mfer.uz/ru/investments/special-economic-zones/952/
[6] http://www.mfer.uz/ru/investments/special-economic-zones/952/
[7] Bulletin of the Oliy Majlis of the
Republic of Uzbekistan, 1996, ¹ 5-6, art. 58, 2003, ¹ 5,
art. 67. Collection of legislation of the Republic of Uzbekistan, 2005, ¹
49-50, art. 365; 2006, ¹ 41, art. 405, 2009, ¹ 39,
art. 424, 2015,
¹ 33, art. 439
[8]
Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1996, ¹ 5-6,
art. 58, 2003, ¹ 5, art. 67; Collection of legislation of the Republic
of Uzbekistan, 2005, ¹ 49-50, art. 365; 2006, ¹ 41,
art. 405, 2009, ¹ 39, art. 424, 2015,
¹ 33, art. 439
[9]
Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1996, ¹ 5-6,
art. 58, 2003, ¹ 5, art. 67. Collection of legislation of the Republic
of Uzbekistan, 2005, ¹ 49-50, art. 365; 2006, ¹ 41,
art. 405, 2009, ¹ 39, art. 424, 2015,
¹ 33, art. 439