2.3. Register of licenses
According to the President Decree numbered 782 on “the Regulations on special permit (license) of some types of activities within the Republic of Azerbaijan” and “the list of the activities requiring special permits (license) and the state fee to be paid for the special permit (license)” were approved on 2 September 2002. The Decree determine the single license registry to be carried out by the Ministry of Economy. The Order on “Rules for a single license registry in the Republic of Azerbaijan” was prepared in accordance with the Order numbered 68 dated 30 September 2002 of the Ministry of Economy. All the registry of licenses issued in the Republic of Azerbaijan is publicly available. In accordance with the legislation, information on issued license, except for licenses which include of state and commercial secrets is open to the government agencies, entities and individuals with the purpose of obtaining general information
Licenses regarding exploration or exploitation of oil, gas and minerals resources do not fall within the scope of the list above and under Azerbaijan legislation there exists no procedure for obtaining such licenses.
At the same time, according to Presidential Decree No. 310, dated 28 March 2000 exploration and exploitation of oil and gas belongs to exclusive competence of the state and may be conducted only by state entities or state controlled joint stock companies.
Licenses to engage in activities regarding the exploration and exploitation of oil and gas may be granted to third parties by way of signing Production Share Agreements between the state (represented by state company) and third parties and these PSAs enter into effect after the official confirmation (in the form of special law acts) by the National Assembly of Azerbaijan Republic.The law acts confirming the PSAs explicitly stipulate that the participating parties to PSA are granted all permits and licenses to operate within the scope of PSAs (including explore or exploit oil, gas and minerals resources) and this law is publicly available.
In accordance with the clause of 2.3. EITI Standard, the register of active companies that joined PSAs in the Azerbaijan Republic is established and is a matter of public record. 33
According to the requirement of the standard, the relevant information was indicated within the established register:
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Contract holders;
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Coordinates of the contract areas;
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Date of application, date of award and duration of the contract; and
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The commodity being produced.
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