Petrochemical, Energy and Mining
According to the Uzbekistan Law on “Subsoil”,
- Subsoil is the property of the Republic of Uzbekistan, subject to rational use and protected by state.
- Minerals produced in the order established by legislation may be in state property, property of legal and physical entities. Right of property for anthropogenic mineral formation received during production of minerals and processing of mineral raw is preserved by user for the period of subsoil area use.
- Subsoil use on community areas, suburban zones, areas of industry facilities, transportation and communication may be limited in cases if such use may pose threat to life and health of population and damage to environment.
Further the Law on “Subsoil” has provided that the state management in area of mine relations is accomplished by Cabinet of Ministers of the Republic of Uzbekistan, bodies of state authorities and by following specially authorized state bodies:
- State Committee of the Republic of Uzbekistan on ecology and protection of environment;
- State Committee of the Republic of Uzbekistan on geology and mineral recourses;
- State inspection on supervision over safe carrying out of operations in industry, mining business and utility sector.
The mineral fields may be transferred for commercial development only after approval of their reserves and state expertise of geological materials by State commission on mineral reserves under the State Committee of the Republic of Uzbekistan on geology and mineral recourses.
Recently the Uzbekistan Government has established criteria for selection of promising mineral deposits; and publicly listed all the perspective mineral deposits offered to foreign investors for exploration or for development. Such information shall be updated every 5 years.
The part of the activity in petrochemical, energy and mining sectors is subject to licensing. Currently, the Uzbekistan Law on Licensing of Certain Types of Activity” bans transfers of licenses and any rights under the licenses to third parties. This may raise questions regarding permissibility of any transfers of right from the original licensee to the successor.
Our law firm offers the following services in the sphere of Petrochemical, Energy and Mining:
- advising clients on all issues related to petrochemical, energy and mining Sector;
- giving advises in respect to petrochemical, energy and mining transactions and disputes;
- assistance with the state registration of the immovable property related to petrochemical, energy and mining assets and production facilities;
- providing of LDD of local companies engaged in petrochemical, energy and mining business and issuing of a relevant legal opinions;
- consulting on various legal issues related to international merger and acquisition of the legal entities, involved in petrochemical, energy and mining activity in Uzbekistan.