우즈베키스탄의 생산물분배계약법제 분석

초록

Uzbekistan enacted the Law on Product Sharing Agreement(hereinafter, PSA) in 2001 to provide the legal foundations for the relations arising in the process of the conclusion, execution and termination of production-sharing agreements relating to the exploration for deposits and production of mineral products in the territory of Uzbekistan. The PSA is a contract according to which Uzbekistan grants to a foreign investor, on a compensation basis and for a certain period, exclusive rights to a specified subsurface area for the exploration of deposits and the production of mineral products and for related operations. In the meantime, the investor bear all expenses and risks which carrying out the specified operations. This Law was primarily intended to attract foreign direct investment, on a production-sharing-basis, in the exploitation of subsurface areas of unconfirmed values and requiring extensive financial resources and advanced technology and machinery for prospecting operations. Subsurface areas with proven mineral deposits can be granted in the limited conditions such as absence of the financial and technical means necessary for the exploitation of the confirmed large scale mineral deposits, construction of the structures required for their transportation, attraction of advanced technological processes for the exploitation of deposits, the stable economic development of the country, ect. This Law sets forth the procedures and conditions for the granting of the subsurface areas to the investor; the rights and responsibilities for the parties and the bodies established for the joint monitoring of the implementation of the PSA; terms of operations, development of work programs and budgets; accounting and reporting procedures; conditions for taxation and the payment of other tariffs; expense compensation procedures and the terms for production sharing; procedures for the export of investors' production share; the independence of the investor in the matter of product pricing for its share; control procedures over the PSA implementation; dispute resolution procedures; PSA termination procedures, etc.

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