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Decision # 337 of the Cabinet of Ministers of the Republic of Azerbaijan On Rules on registration of service contracts on provision of services or implementation of work by NGOs, as well as by branches or representations of foreign NGOs from foreign sources

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Unofficial translation by MG Consulting

Decision # 337 of the Cabinet of Ministers of the Republic of Azerbaijan
20 November 2015

City of Baku, 21 October 2015
On “Rules on re gistration of service contracts on provision of services or implementation of
work by NGOs, as well as by branches or representations of foreign NGOs from foreign
source s”

With an aim to ens ure implementation of para 1.2.2 of the Decree #345 of 14 November 2014 of
the President of the Republic of Azerbaijan ‘On application of the Law #1082- IVQD of 17
October 2014 “On making changes to the Law of the Republic of Azerbaijan On Non-
governmental organizations (public unions and foundations)” ’, the Cabinet of Ministers of the
Republic of Azerbaijan decides to:

Approve the “Rules on registration of service contracts on provision of services or
implementation of work by NGOs, as well as by branches or representations of foreign NGOs
from foreign sources” (attached).

Artour Rasi -zade
Prime Minister of the Republic of Azerbaijan

Approved by the Decision #337
of the Cabinet of Ministers of the Republic of Azerbaijan
of 21 October 2015
RULES

on “Rules on registration of service contracts on provision of services or implementation of work
by NGOs, as well as by branches or representations of foreign NGOs from foreign sources”

1. General provisions

1.1. These Rule s ha ve been prepared in accordance with Article 24 -2.1 of the Law of the
Republic of Azerbaijan ‘ On Non-governmental organizations (public unions and
foundations) ’.
1.2. These Rules shall regulate the procedure for registration of service contracts (hereinafter contracts) on provision of services or implementation of work by non-
governmental organizations , as well as by branches or representations of foreign non –
governmental organizations (hereinafter non- governmental organizations) from
foreign sources. The obligations indicated in the present Rule s shall apply to
additional contracts, as well as any amendments to them.
1.3. Non -gover nmental organizations which provide services ( implement work) shall
submit contracts to the Ministry of Justice of the Republic of Azerbaijan (hereinafter
Ministry of Justice) no later than 15 (fifteen) days of signing the contract in order to
be included into the register.
1.4. The registration of contracts shall be approved with the notification by the relevant
structure of the Ministry of Justice in accordance with para 4.1 of the present Rule s.

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1.5. No bank operations and any other operations can be carried out in the absence of
contracts or on un registered contracts.

2. Documents for registration of contracts

2.1. The following documents shall be attach ed to the application indicated in the Annexes 1
and 2 to the Rule for registration of a contract.

2.1.1. original of the contract, including additional contract or amendment to it signed by
partie s;
2.1.2. copy of an identification card of customer receiving services or work s if s/he is a
foreigner or stateless person;
2.1.3. copy of a document verifying the registration, commercial or non -commercial
nature of a customer receiving the service or work if it is a foreign legal entity (extract
from the commercial registry , registration certificate);
2.1.4. detailed information approved with the signature of a customer on services
provided and work s implemented under the contract (purpose, start and end date of a
contract, current situation, outcomes, beneficiaries, scope of work and service, amount
and place) ;
2.1.5. power of attorney verifying the authority of a person submitting an application on
behalf of persons prescribed para 1.3 of the present Rule;
2.1.6. copy of a document verifying the relevant authority of a person if the agreement
was not signed by the legal representative;
2.1.7. if there are other implementors, i nformation about them.
2.2. Copies of documents described in para s 2.1.3, 2.1.4 and 2.1.6 of the Rule s shall be
notarized. Notarized translation of contracts and other documents in foreign language should be
annexed . Documents which origin in a foreign country should also be legalized or apostilled.

3. Issues examined by the Ministry of Justice

3.1. The Ministry of Justice shall examine the following in order to register a contract:
3.1.1. if documents described in the para 2.1. of the present Rules are submitted and
the information provided in these documents is accurate;
3.1.2. if the activities planned to be realized with the contract correspond to the
legislation of the Republic of Azerbaijan and entity’s charter (regulation);
3.1.3. if a duly authorized person is signing the contract;
3.1.4. if a non- governmental organization which is a party of a contract submitted its
annual financial report to the Ministry of Finance of the Republic of
Azerbaijan ;
3.1.5. If there is information that non- governmental organization does not observe
the Law on fighting corruption, Law on fight against legalization of financial
means or other property obtained by criminal ways and against financing
terrorism and Law on fighting terrorism;
3.1.6. if the project which is a part of the contract is submitted;
3.1.7. if founding documents of a non-governmental organization which is a part of
the contract correspond to the legislature;
3.1.8. if a contract is c ommercial or non- commercial.

4. Procedure for registration of contracts

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4.1. Within 15 (fifteen) days since submission of an application and documents envisaged
in part 2 of the present Rules, the Ministry of Justice shall register the contract and
issue a notification to a non-governmental organization in the form provided for in
Annex 3 of the present Rules if there is no ground for refusal in registration of the
contract. If there is a need for further examination of the documents or issues as
provided for in parts 2 and 3 of the present Rules, the period of issuing a notification
shall be extended up to 15 (fifteen) days.
4.2. Registration of contracts shall be drawn up in the register which is documented for years. When registering each contracts there shall be an individual number issued for
it. The individual number of a contract shall be reflected in bank documents when
conducting bank operations on the contract.
4.3. Registration book with thick cardboard- faced is drawn tightly bound in size of
34x27sm, tied and sealed with thick and high quality paper. The cover of the book
shall include its n umber, recorded year , and the figures for start and end of individual
registration numbers of the contracts (example, CI, 2015, Contract C 1- 50).
Registration book is closed at the end of the year and a new book is drawn for a new
year.
4.4. Registration book consist s of 2 parts which is 1 page for each contract ; the first part
“general information” ( the customer of services provided or work s implemented, non-
governme ntal organization which provide s the service ( implements work ), date of the
contract on provision of services or implementation of work s, realiz ation period of
the contract on provision of services or implementation of work, contact telephone
numbers, e -mail), the second part “Information about provision of services or
implementation of work” (name of the contract on provision of services or
implementa tion of work, purpose, brief information about the project planned to be
realized with the contract on provision of services or implementation of work, amount
of the payment paid on the contract on provision of services or implementation of
work, information about amendments to the registered contract on provision of
services or implementation of work (date and number), note s) and shall be carried out
in the form provided for in Annex 4 to the present Rule s.
4.5. The individual registration number of the contract, registration date of the contract
and page number should be indicated on the top right corner of each page of the
registration book.
4.6.If the submitted documents contain deficiencies that do not constitute a basis for
refusal to register, the Ministry of Justice shall suspend the registration of the
contract, return the documents to the applicant and appoint 5 (five) days for
eliminating the deficiencies.
4.7. The Ministry o f Justice shall generalize information about data in the register no less
than once a year.

5. Grounds for rejecting the registration of contracts

5.1.Registration of contacts is rejected by the Ministry of Justice in the following cases:
5.1.1. when the documents indicated in para 2.1 of the present Rule are not
submitted;
5.1.2. when deficiencies are found while examining the issues indicated in the para
3.1. of the present Rule ;
5.1.3. when the information provided in the application and/ or attached documents
are incorrect;

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5.1.4. when identified deficiencies are not resolved within period defined in the para
4.6 of the present Rule.

6. Final provisions
The changes to the present Rules shall be made in accordance with item 2.6 -1 of ‘Regulations on
drafting normative legal acts of bodies of executive power and the procedure for adoption’ as
approved by Decree #772 of the President of the Republic of Azerbaijan of 24 August 2002.

Annex 1: Sample Application form
Annex 2: Sample Application form for registration of a change to the contract
Annex 3: Sample notification on registration of a se rvice contract

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