Representative offices of foreign commercial organizations in the Republic of Uzbekistan (hereinafter – the “Representative Office”) are opened by accreditation with the Ministry of Investments and Foreign Trade (hereinafter “MIFT”).

Foreign commercial organizations are understood to mean firms, companies, corporations, societies, partnerships and other organizational and legal forms of entrepreneurial activity, which have the right to open representative offices abroad in accordance with the legislation of that foreign state.

Trade (commercial) Representative Offices of state authorities and administration (ministries, federal districts, etc.) of foreign states are also subject to accreditation, if a necessary permission of a relevant authorized body of a foreign state was acquired.

2. Legal Status of the Representative Office

A Representative Office is deemed accredited from the day the permit for its opening was issued (hereinafter – “Certificate of Accreditation”).

Representative Office:

not a legal entity
cannot carry out economic or other commercial activities
not a taxpayer
created to represent and protect their interests in the territory of the Republic of Uzbekistan

The Representative Office acts on the basis of the Regulation on the Representative Office, approved by the foreign commercial organization that created it.

The Representative Office is led by the Head of the Representative Office, acting on the basis of a power of attorney issued by the foreign commercial organization that opened the representative office. The power of attorney must indicate the competence of the Head of the mission.

3. Representative Accreditation

3.1. Accreditation period

Accreditation is possible for a period of 1 year to 3 years. If the Representative Office plans to operate less than 1 year, accreditation should be obtained for 1 year. Representative Offices that perform functions on a long-term basis, once every 3 years, submit updated documents to the MIFT, as described below in this section. In the case of reorganization or liquidation of a commercial organization, with a Representative Office in the Republic of Uzbekistan, Representative Office in two weeks to notify the MIFT.

3.2. Documents required for accreditation and extension of the accreditation period

3.2.1. Primary accreditation

Documents submitted to the MIFT for primary accreditation are specified in Schedule No.1 to this memorandum.

3.2.2. Documents for Long-Term Representative Offices

Updated documents submitted Representative Office, operating in Uzbekistan in the long term, are the documents referred to in paragraphs 2-5 of the above Schedule No.1.

3.2.3. Accreditation renewal

In order to extend the accreditation period of the Representative Office, the foreign commercial organization-founder submits to the MIFT:

written request for an extension of the accreditation period
power of attorney issued by a foreign commercial organization – founder in the name of the head of the representative office with the full passport data and the powers granted to him (in case of expiration of the power of attorney previously transferred to the MIFT)
written confirmation of your mailing address with a copy of the lease or a document confirming the ownership of the premises

It is forbidden to request additional materials beyond the specified list. Officers who violate the procedure for accreditation of the Representative Office are liable in accordance with applicable legislation.

3.3. Duration of consideration of the application for accreditation, decision making and notification of the applicant

The MIFT examines the application for accreditation of the Representative Office and makes a decision on permitting or refusing accreditation within 10 business days from the day following the day of application submission. The MIFT within 3 days from the date of the decision on accreditation or on the refusal of accreditation informs the applicant in writing.

3.4. Grounds for Refusing Accreditation

The grounds for refusal of accreditation are:

submission of knowingly false documents
contradiction of the Regulation on Representative Office to the legislation of the Republic of Uzbekistan
inconsistency of the submitted documents with the requirements of the Regulation on the procedure for Accreditation and Activities of Representative Offices of Foreign Commercial Organizations in the Republic of Uzbekistan (approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 410 of 23.10.2000)

The MIFT informs the applicant of the refusal in writing, outlining a list of specific comments. In case of disagreement with the refusal of accreditation, the applicant has the right to apply to the court. After eliminating the shortcomings, the applicant has the right to apply again to the MIFT for accreditation of the Representative Office. When reviewing the documents, it is not allowed to submit new comments from the side of the IWT that were not previously stated in the written refusal.

3.5. Accreditation fee

Accreditation is carried out with the collection of state duty – a 48 BCA (approximately 1, 0 00 USD).

3.6. Certificate of Accreditation

The accreditation certificate is issued within 5 days after receiving the accreditation fee to the MIFT account. The Certificate of Accreditation is issued to the applicant at the time of his appeal to the MIFT after receipt by her (the applicant) of a written notification of a decision on the accreditation of the representative office. The Certificate of Accreditation indicates the period of accreditation of the Representative Office, which is 1 year.

3.7. Obligations of the Representative Office before the MIFT after accreditation

Within 10 days after receiving the Certificate of Accreditation, the Representative Office is obliged:

to submit to the accrediting authority a written notice of the mailing address
to register with the tax authorities at the location of the Representative Office
to submit to the IITF a certificate of registration with the tax authorities.

The head of the mission once a year sends to the MIFT information in the prescribed form on the activities of the mission. In practice, upon receipt of the Certificate of Accreditation, MIFT employees are asked to sign a document entitled “Obligations of the Representative Office of the Company to the Accrediting Body“, which in addition to the above, provides for the following obligations of the Representative Office to MIFT:

obligation on informing the MIFT on the staff of the Representative Office and other changes in a timely manner.

4. Representative Office Activities

4.1. Property and Representative Settlement

A Representative Office is endowed with a commercial organization – founder, property that it uses in the course of its activities. After the Representative Office is closed, property is returned to the owner, that is, the founding commercial organization. The Representative Office carries out expenses from the funds allocated by the founding commercial organization. The Representative Office has the right to carry out calculations, covering costs for its own needs. These costs are:

expenses on representation
the cost of purchasing inventory for the needs of a Representative Office
salary calculations for employees of the Representative Office
travel expenses
rent, utility payments
other

4.2. Cash sources

Sources of funds of the Representative Office are:

an exchange of freely convertible currency made in accordance with the legislation of the Republic of Uzbekistan;
funds of a foreign company in the national currency of the Republic of Uzbekistan, remaining at its disposal at the disposal of the representative office.

The sources of currency of the Representative Office are:

funds transferred by the founding commercial organization to the bank account, the user (holder) of which is the Representative Office

4.3. Labor Relations

Representative office staff may consist of foreign citizens and citizens of the Republic of Uzbekistan.

4.3.1. Foreign citizens

Foreign citizens hired by the Representative Office are subject to accreditation. Accredited foreign employees have the right to carry out labor activities without obtaining permission from the Agency for External Labor Migration for labor activities only in an accredited Representative Office. For accreditation of a foreign employee, the Representative Office submits to the MIFT:

a written statement signed by the Head of Representative Office or the Head of a foreign (founding) commercial organization
personal leaflet in Uzbek and English (two copies)
2 photographs (size 3×4)
confirmation letter of employment at the representative office, signed by an authorized person, legalized in the established manner
HIV certificate
copy of national passport

MIFT issues an accreditation card within 10 business days from the date of application. Accreditation of a foreign employee is carried out for the period of accreditation of the Representative Office, but not more than 12 months, with the possibility of subsequent extension of its validity. Citizens of those foreign countries with which the Republic of Uzbekistan has a visa regime of entry, visas to enter the Republic are issued for the period of their accreditation, but not more than 12 months, on the basis of an accreditation card.

4.3.2. Citizens of the Republic of Uzbekistan

Registration of admission of citizens of the Republic of Uzbekistan to work in the Representative Office is carried out in accordance with the labor legislation of the Republic of Uzbekistan. Since the Representative Office is not a legal entity, but a separate subdivision of a legal entity – a foreign founding commercial organization outside its location, the employer will be a foreign commercial organization – the founder. The parties to the employment contracts will be a foreign commercial organization (employer) and a citizen of the Republic of Uzbekistan (employee). The contract is signed by the employee and the official with the right to hire. In this case, this is the Head of the mission, the powers of which must be indicated in the Regulations on the mission and in the power of attorney. The content of the employment contract stipulates that

the place of work of the employee is the Representative Office of a foreign commercial organization in the Republic of Uzbekistan
the term of the contract should not exceed the period of accreditation

Appendix No. 1

Documents
required for accreditation of a representative office of a foreign commercial organization in the Ministry of Investments and Foreign Trade of the Republic of Uzbekistan:

Document	Content and Format
Written Application	Content: address of the head office of the founding company; telephone, fax, e-mail of the founding company; management of the founding company (name of the governing body, name of the members of the governing body); the total number of employees employed in the parent (founding) company; subject/type of activity of the commercial organization (founding company); sales/turnover of the founding company for the last financial year; shares (%) of types of activities in the turnover of the founding commercial organization; nomenclature of products/goods; information about the owners of the company or major shareholders; main divisions (subsidiaries, branches and others, with addresses and activities); history of the founding company (founders, stages of development, etc. ); other information (trademarks, property ownership, availability of production facilities, vehicles and more); detailed information on business and other relations of the founding company with enterprises and organizations of the Republic of Uzbekistan, concluded contracts (agreements), the implementation of which will be facilitated by the representative office; prospects for the development of cooperation with organizations of the Republic of Uzbekistan; the period for which permission is requested to open a representative office (usually for three years, with the right to extend). The original is presented on the letterhead of the commercial organization of the founder (the above information can be attached to the application).
Constituent documents of the founding commercial organization	Charter and Memorandum of Association. Notarized copies are submitted, legalized (in the prescribed manner, at the consulate of the Republic of Uzbekistan in the country of registration of the foreign company, and in the absence thereof, at the Ministry of Foreign Affairs of the state of registration of the foreign company, at the consulate or diplomatic representation of that country in the Republic of Uzbekistan with subsequent certification at the consular department of the Ministry of Foreign Affairs of the Republic of Uzbekistan) or Apostilled, as well as with a notarized translation into the state or Russian languages. If part of these documents is not provided for by the legislation of the country of the founding commercial organization, this company provides for registration confirmation of the Ministry of Foreign Affairs or the diplomatic representation of the country of incorporation of the founding commercial organization in the Republic of Uzbekistan. If the documents mentioned above come from countries that are part of the CIS [1] legalization is not required. Notarized copies will suffice.
Document confirming official registration in the country of origin	Extract from the commercial register or certificate of state registration, as well as certificates of re-registration (if any). Notarized copies are submitted, legalized (in the prescribed manner, at the consulate of the Republic of Uzbekistan in the country of registration of the foreign company, and in the absence thereof, at the Ministry of Foreign Affairs of the state of registration of the foreign company, at the consulate or diplomatic representation of that country in the Republic of Uzbekistan with subsequent certification at the consular department of the Ministry of Foreign Affairs of the Republic of Uzbekistan) or Apostilled , as well as with a notarized translation into the state or Russian languages. If part of these documents is not provided for by the legislation of the country of the founding commercial organization, the latter provides for registration confirmation of the Ministry of Foreign Affairs or the diplomatic representation of the country of incorporation of the founding commercial organization in the Republic of Uzbekistan. If the documents mentioned above come from countries that are part of the CIS legalization is not required. Notarized copies will suffice.
The power of attorney of the commercial organization-founder in the name of the head of the representative office	Indicating the full passport data submitted to the head of authority and a photocopy of the passport of the head of the mission. It is submitted with notarization of the signature legalized in the country of registration of the founding commercial organization by the consular institution of the Republic of Uzbekistan, and if it is absent at the Ministry of Foreign Affairs of the state of registration of the founding commercial organization, at the consulate or diplomatic mission of that country in the Republic of Uzbekistan with subsequent certification at the consular department of the Ministry of Foreign Affairs of the Republic of Uzbekistan, as well as with a notarized translation into the state or Russian language. If the documents mentioned above come from countries that are part of the CIS legalization is not required. Notarized copies will suffice.
Regulation on Representative Office	Approved by the management of the parent company and affixed with its seal. Notarized copies are submitted, legalized (in the prescribed manner at the consulate of the Republic of Uzbekistan in the country of registration of the foreign company, and if not available, at the Ministry of Foreign Affairs of the state of registration of the foreign company, at the consulate or diplomatic representation of that country in the Republic of Uzbekistan with subsequent certification at the consular department of the Ministry of Foreign Affairs of the Republic of Uzbekistan) or Apostilled, as well as with a notarized translation into the state or Russian languages. If the documents mentioned above come from countries that are part of the CIS legalization is not required. Notarized copies will suffice.
A Letter of Guarantee for a Legal or Natural Person who Owns a Non-Residential Premises.	Confirmation of readiness to lease the representative office a room at the specified address (indicating the terms and conditions of the lease). If these persons are tenants of the premises provided, then a letter of guarantee must be agreed with the owner of the premises. The letter of guarantee of a legal entity is sealed by its corporate seal. The signature of the individual on the letter of guarantee is notarized. The original is presented on the letterhead of the organization-owner of the premises. Documents confirming the ownership of the organization-owner for the premises provided are presented in the form of a simple copy.

[1] Belarus, Kazakhstan, Russia, Tajikistan, Armenia, Ukraine, Kyrgyzstan, Moldova, Azerbaijan, Georgia, Turkmenistan

Accreditation of a Representative Office of a Foreign Commercial Organization in Uzbekistan

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