Uzbekistan: Spotlight On Uzbekistan: Kinstellar's Regular Look At The Uzbek Market - August 2019

Last Updated: 14 August 2019
Article by Joel Benjamin and Muborak Kambarova

Adoption of the Personal Data Law

The Law on Personal Data ("Law") No. ZRU-547 was signed by the President on 2 July 2019. It will come into force on 1 October 2019.

The Law defines personal data as information recorded on an electronic, paper and/or other material carrier relating to a specific individual or enabling him/her to be identified. Processing of personal data includes the following activities: collecting, classification, storing, changing, adding, use, submission, dissemination, transfer, depersonalization and eliminating of personal data.

The State Personalisation Centre under the Cabinet of Ministers is the authorised body in the field of personal data. Databases of personal data should be registered in the state register of personal databases. The Centre will maintain such register.

The state guarantees the protection of personal data. Disclosure or distribution of personal data without consent of the owner of such data is prohibited by the Law. The owner of personal data must consent to the processing, unless it is expressly permitted by Law. When personal data is included in a database, the owner must be notified in writing about the purposes of processing the data and his/her rights. The Law prohibits processing of special personal data as nationality, religious and political beliefs, intimate life or criminal convictions. For processing of such data, the consent of the owner must be in writing.

Furthermore, the Law governs the cross-border transfer of personal data out of Uzbekistan. The Law provides for cases when personal data can be transferred to foreign states. The international transfer of personal data is possible if the respective states will adequately protect such data. However, there are cases permitting personal data transfer to foreign states that do not adequately protect personal data, for example, if there is the consent of the owner. Such transfer can be implemented in the presence of international treaties in force and where required to protect the constitutional system, the public, the rights and freedoms of citizens, and public health and morals.

Law "On Personal Data" No. ZRU-547 of 2 July 2019.

***

Reorganisation of Uzbekneftgaz JSC

In accordance with the Presidential Resolution No. PP-4388 (“Resolution”), one of the Resolution’s defining issues is the improvement of the management system and establishment of an effective organizational structure of Uzbekneftgaz JSC. It is planned that Uzbekneftegaz, Uzneftegazdobycha, Uztransgaz, Uznefteprodukt and Uzneftegazmash will become joint-stock companies.

Furthermore, Uztransgaz JSC is removed from the structure of Uzbekneftegaz JSC. The shares of Uztransgaz JSC will be transferred to the State Assets Management Agency. Khududgaztaminot JSC is being formed on the basis of the territorial gas supply branches of Uztransgaz JSC. The Agency will be a shareholder of Khududgaztaminot JSC.

Among other significant changes is the creation of Uzneftegazgeologiya LLC and Neftgazexport LLC as a part of Uzbekneftegaz. Uzneftegazgeologiya LLC will be responsible for geologic exploration activities, increase of reserves of hydrocarbons and opening new deposits and their preparation and transfer for further development. Neftgazexport LLC will specialize in the export of products of the Uzbek oil and gas industry.

After the reorganization, the five largest companies belonging to Uzbekneftegaz will receive an updated list of priority tasks. In particular, Uzneftegazdobycha will work on development of deposits and oil, gas and gas condensate extraction. Uznefteprodukt will process raw hydrocarbon deposits and produce oil products. Uzurneftegaz will drill and build exploration and production wells. Uzneftegazmash will produce oil and gas and chemical equipment. Uztransgaz will be responsible for providing the population and enterprises of Uzbekistan with natural and liquefied gas.

Presidential Resolution “On measures on stable ensuring economy and population by energy resources, financial recovery and improvement of the system management of oil and gas industry” No. PP-4388 of 9 July 2019.

***

Changes in public procurement

The Presidential Resolution No. PP-4388 provides the following changes in public procurement that will be effective from 1 October 2019.

  • the Public Procurement Law requirements as to ensuring monitoring, control, transparency, analysis of efficiency and effectiveness, apply to all types of procurement, including procurement carried out by enterprises of strategic importance, although they have separate procurement procedures;
  • public sector customers must post the results of procurement with a detailed description on its official webpage;
  • the Accounts Chamber and the Antimonopoly Committee will review the effectiveness and efficiency of procurement on a regular basis. The results will be published on the Special Information Portal of Government Procurement.

Presidential Resolution “On measures on stable ensuring economy and population by energy resources, financial recovery and improvement of the system management of oil and gas industry” No. PP-4388 of 9 July 2019.

***

"Large taxpayer" criteria has been changed

In accordance with the Tax Code of the Republic of Uzbekistan, large taxpayers are legal entities of a particular category that are subject to tax administration on the basis of criteria established by the State Tax Committee of the Republic of Uzbekistan.

Large taxpayers, regardless of their location, file tax reports to the Interregional State Tax Inspectorate for large taxpayers.

The provision "On Establishment of Criteria for Classifying Legal Entities as Large Taxpayers" sets the category of "large taxpayers" that include:

  • enterprises producing goods that are subject to an excise tax;
  • banks and their branches, commodity, stock and currency exchanges;
  • Navoi MMC and Almalyk MMC and enterprises included in their structure;
  • organizations involved in the performance of work under a production sharing agreement;
  • legal entities with annual net proceeds from sales of products over UZS 100 billion.

Order of the State Tax Committee “On Establishment of Criteria for Classifying Legal Entities as Large Taxpayers” No. 2019-45 of 8 July 2019; registered by Ministry of Justice No. 3172 of 12 July 2019.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions