Procedure Of Accreditation For Representative Offices Of A Foreign Company In The Republic Of Uzbekistan And Foreign Employees Of Representative Offices.

Legal News & Analysis - Asia Pacific - Kazakhstan - Labour & Employment

10 November 2020

 

In accordance with Art. 47 of the Civil Code of the Republic of Uzbekistan, a representative office is a separate division of a legal entity located outside its location, which represents the interests of a legal entity and carries out their protection. 

 

The procedure for registration of a representative office of a foreign legal entity is defined in PKM-410 on October 23, 2000.

 

The accreditation body of a representative office of a foreign legal entity is the Ministry of Investment and Foreign Trade of the Republic of Uzbekistan (hereinafter MIFT). 

 

In accordance with paragraph 8 of PKM-410, representative offices are not legal entities and do not carry out economic or other commercial activities. 

 

For accreditation at the MIFT, a foreign company must submit a written application stating (paragraph 10 of PKM-410): 

 

  1. information on the activities of a foreign legal entity; 
     

  2. detailed information on business and other relations with enterprises and organizations of the Republic of Uzbekistan, concluded agreements and contracts, the implementation of which will be assisted by a representative office; 
     

  3. prospects for the development of cooperation; 
     

  4. the term of accreditation of the representative office 
     

The following documents are also attached (Clause 11 PKM-410): 
 

  1. the constituent documents of a foreign legal entity in accordance with the legislation of the state of registration of the foreign legal entity (most often the Charter and the Memorandum of Association); 
     

  2. a document confirming the official registration in the country of location of a foreign legal entity issued by the relevant state body (certificate of state registration or extract from the trade register); 
     

  3. power of attorney issued to the head of the representative office of a foreign legal entity, indicating the full passport data and the powers granted to him; 
     

  4. by-laws of the representative office authorized by director and sealed by company’s stamp 
     

The above documents shall be legalized in the prescribed manner. Legalization is not required if the documents are affixed with an apostille. 
 

e) a letter of guarantee of a legal or natural person of the Republic of Uzbekistan, the owner of a non-residential premises, confirming the willingness to lease or sell to a representative office his premises (indicating the terms and conditions of the lease or sale). If the indicated persons are the tenants of the provided premises, then the letter of guarantee must be agreed with the owner of these premises. 
 

The term for consideration of the application for accreditation is 10 working days. 
 

For accreditation, a fee of 48 BRV (basic settlement values) is charged, as of 04/19/2020, the size of the BRV is 223,000 soums. Total 10 704 000 soums. 
 

For accreditation of a foreign employee, the representative office submits to the accrediting body a written application signed by an authorized person (the head of the representative office or the head of the foreign company) (clause 27 PKM-410). 
 

The following documents are subject to be attached to the application for accreditation (clause 28 PKM-410): 
 

  1. a personal sheet (questionnaire) in duplicate in the Uzbek and English languages; 
     

  2. 2 photos (3 x 4 cm); 
     

  3. a confirmation letter of employment at the representative office signed by the head of the representative office or the head of the foreign company with legalization or affixing of an apostille; 
     

  4. HIV-negative certificate 
     

  5. The copy of national passport. 
     

The issuance of a personal accreditation card is carried out by the MIVT within 10 days from the date of application. 
 

The visa by which a foreign employee entered the Republic of Uzbekistan does not matter - the main thing is that the validity of the visa should be enough for the waiting period for accreditation.
 

 

 

For further information, please contact:

 

Saniya Perzadayeva, Managing Partner, Unicase Law Firm

[email protected]