1996-08-29 | 263-IAdded · Updated
The Law defines key terms including foreign debt, state borrowing, and total external debt, and establishes that relations regarding attracting funds from abroad are regulated by this Law and other legislation, while state debt is governed separately. It outlines methods for attracting funds such as loans, imports, deposits, leasing, and securities issuance, and imposes obligations on borrowers to fulfill contracts, report to the Central Bank or Ministry of Finance, and notify the Central Bank upon full repayment. The Central Bank is empowered to negotiate with international financial institutions, register non-guaranteed borrowing contracts, maintain a database of external debt, and provide information to the Cabinet of Ministers, while disputes are resolved through courts or arbitration unless international treaties stipulate otherwise.
The following basic concepts are used in this Law:
"Attracting funds from abroad" — the attraction of assets (loans, credits, etc.) of foreign states or non-residents by the Republic of Uzbekistan or its residents, whereby the latter assume the obligation to provide adequate assets during the agreed period to the said foreign state or non-resident or to a third party at their request, including payments for the use of assets;
"State attracting of funds from abroad" — the attraction of assets from foreign sources (foreign states, their legal entities, and international organizations), resulting in the emergence of obligations of the Republic of Uzbekistan as a borrower or as a guarantor for the repayment of credits (loans) by resident borrowers;
"Resident's external debt" — the sum of obligations arising as a result of the resident's attracting of funds from abroad;
"Total external debt" — the sum of residents' external debts not guaranteed by the state and the state's external debt;
"Borrower" — the Cabinet of Ministers of the Republic of Uzbekistan acting in the name of the Republic of Uzbekistan, or a resident, that has attracted funds from abroad or has documented its intention to attract funds from abroad;
"Lender" — a foreign state or non-resident (legal and physical persons of foreign states) that has provided assets or intends to provide assets under a contract concerning the attraction of funds from abroad. If there are multiple non-residents, a non-resident performing the functions of the authorized manager in the group of creditors may be considered the lender.
(Note: The fifth paragraph of Article 1 was deleted based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023, effective August 2, 2023).
Relations related to attracting funds from abroad are regulated by this Law and other legislative acts.
(Article 2 was supplemented with a second part based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023, effective August 2, 2023).
Relations related to state debt are regulated by a separate law.
If international treaties of the Republic of Uzbekistan establish rules other than those contained in the legislation of the Republic of Uzbekistan on attracting funds from abroad, the rules of international treaties shall apply.
(Article 2 in the edition of the Law of the Republic of Uzbekistan No. UZP-683 dated April 21, 2021).
Funds from abroad are attracted through the following channels:
(Articles 4, 5, and 6 were repealed effective August 2, 2023, based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023, and Article 6 was previously repealed based on the Law of the Republic of Uzbekistan No. UZP-361 dated December 27, 2013).
The borrower must perform the following:
(Article 8 was repealed effective August 2, 2023, based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023).
The powers of the Central Bank of the Republic of Uzbekistan regarding attracting funds from abroad include:
(The sixth and seventh paragraphs of Article 9 were deleted effective August 2, 2023, based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023. The tenth paragraph was added in the edition of the Law of the Republic of Uzbekistan No. UZP-683 dated April 21, 2021).
(Article 9 was repealed effective August 2, 2023, based on the Law of the Republic of Uzbekistan No. UZP-836 dated April 29, 2023).
The Ministry of Finance of the Republic of Uzbekistan and the Central Bank of the Republic of Uzbekistan submit information to international financial organizations regarding the Republic of Uzbekistan's attraction of funds from abroad in accordance with the contracts concluded by the Republic of Uzbekistan.
Disputes arising between the lender and the borrower regarding matters related to contracts on attracting funds from abroad are resolved in court or, in accordance with the agreement of the parties, through arbitration proceedings, unless international treaties provide for a different procedure.
Persons who violate the legislation on attracting funds from abroad are liable in the prescribed manner.
(Article 12 in the edition of the Law of the Republic of Uzbekistan No. UZP-683 dated April 21, 2021).
President of the Republic of Uzbekistan I. KARIMOV Tashkent, August 29, 1996 No. 263-I
(Source: Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1996, No. 9, Art. 126; Collection of Legislation of the Republic of Uzbekistan, 2013, No. 52, Art. 686; National Database of Legal Information, July 24, 2018, No. 03/18/486/1559; Legislative Information Database, April 21, 2021, No. 03/21/683/0375; May 1, 2023, No. 03/23/836/0232)
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