TAJIKISTAN Law and Practice Contributed by: Farhad Azizov and Shavkat Akhmedov, AAA Law Offices
7.2 Criteria for National Security Review Export Control and Security Review Authorities assess end-use and end-user assurances to ensure transferred goods or technologies will not be used for prohibited or military purposes. They evaluate compliance with Tajikistan’s international obligations, potential risks to state security, and the technical or operational capacity of the parties. The government may impose additional conditions such as inspection rights or reporting requirements. Foreign Trade Permits Permits are granted or refused based on objective criteria tied to legitimate public interests, including national security, public health, and environmental protection. Decisions must be proportionate and grounded in law, with reasons provided to applicants. Investment Policy Lens The investment authority focuses on facilitation and co-ordination, not screening. Still, the government may temporarily restrict trade or investment in sensi - tive goods to protect key interests. Treatment of Different Investors and Structures The framework is formally neutral. What matters is the nature of the activity – such as controlled technology transfer or dominance in key sectors – rather than the investor’s origin or ownership structure. State-affiliated or dominant market buyers may attract closer review under export control or competition rules. Minority investments can also trigger filings if they grant influence over management, market behav - iour, or access to sensitive technologies. 7.3 Remedies and Commitments Authorities may impose conditions to mitigate risks rather than block transactions outright. • Export Control: Licence conditions can include end-use certificates, limits on re-export, access controls, and reporting or inspection requirements. Licences can be suspended or revoked for breach - es. • Trade Permits: These may include limits on vol - umes, routes, time frames, or environmental stand- ards, as well as post-approval monitoring.
• Competition Measures: Where both competition and security issues arise, remedies can include divestiture, non-discrimination obligations, or restrictions on exclusive supply arrangements. 7.4 National Security Review Enforcement Blocking and Review Powers Authorities can deny or condition export licences, refuse trade permits on legitimate public interest grounds, or block concentrations that threaten com - petition. Each regime operates independently but may co-ordinate where overlapping concerns exist. Appeals and Due Process Decisions must be reasoned and can be challenged either administratively or through the courts. Investors may also contest regulatory inaction if no decision is Proceeding without required approval can lead to licence revocation, seizure of goods, fines, or crimi - nal liability (where security interests are seriously affected). Under merger control, unapproved transac - tions may be voided, registrations annulled, and fines imposed on companies and officials. Practical Guidance Investors should conduct early due diligence to determine whether their transaction involves con - trolled goods, regulated sectors, or merger control thresholds. Building sufficient lead time for permits, ensuring accurate documentation, and maintaining clear records of end use and ownership structures can prevent delays or sanctions. Using safeguards such as clean team arrangements or limited informa - tion sharing may help reduce exposure when sensitive technologies are involved. issued within prescribed time limits. Consequences of Non-Compliance
8. Other Review/Approvals 8.1 Other Regimes Foreign Exchange and Repatriation
Foreign investors are generally free to convert and transfer post-tax profits, dividends, and proceeds from sales or liquidation abroad. These rights may be formalised in investment agreements. Transfers,
629 CHAMBERS.COM
Powered by FlippingBook