by Resolution of the Government
of the Kyrgyz Republic #149
dated August 5th 2010
REGULATIONS of the Council on Development of Business and Investments under the Government of the Kyrgyz Republic.
I. General provisions
II. Tasks, functions and rights of the Council
III. Organising the activity of the Council
IV. Tasks, functions and powers of the Secretary of the Council
V. Concluding provisions
I. General provisions
1. The Council on Development of Business and Investments under the Government of the Kyrgyz republic. (hereinafter named the Council) is a consultative-deliberative body under the Government of the Kyrgyz Republic responsible for developing and preparing recommendations and suggestions to the President of the Kyrgyz Republic, Government of the Kyrgyz Republic and other state agencies concerning problems of improving the business environment and investment situation in the Kyrgyz Republic and implementing projects necessary to accelerate the social-economic development of the country.
2. The Council includes:
from state agencies according to occupation:
- the Prime-minister of the Kyrgyz Republic – the Chairperson of the Council;
Members of the Council:
- First Prime Minister of the Kyrgyz Republic;
- the Head of Authorized state agency of executive branch in the area of economic development of the Kyrgyz Republic
from international partners on developing (by agreement): - two representatives;
from business associations (by agreement):
It is possible to be a member of the Council for representatives of business-associated structures registered in the prescribed manner in Kyrgyz Republic, as legal entity (business-organizations, clubs, units, counsels, chambers.)
Secretary of the Council
3. The procedure for electing members of the Council who are not representatives of state agencies is based on the following:
International partners on developing offer their representatives from multi-lateral and bilateral international partners on developing with determined by them procedures.
international financial organizations (donors) are proposed by multi-lateral and bilateral international donor organizations as agreed between them.
The Secretary of the Council is appointed based on the competitive procedures of the international partner on developing, which finances the activity of the Council.
Business associated structures of the Kyrgyz Republic propose their candidates to the Secretary of the Council from the amount of representatives from business associated structures.
Business associated structures also submit information describing the activity of their business associations and their members, including the value of investments and main results achieved by the association in protecting their association members’ interests and other parameters.
The Secretary of the Council submits to business associated structures a list of candidates from business structures to participate in Council meeting.
The participants of the meeting of the Council are the members of the Council – representatives of business-associated structures, participated in the preparing of issues on the Council meeting, also interested people in the solving issues.
The Members of the Council from business-associated structures and international partners on developing rotate under according to the procedure laid down by the Council.
II. Main principles, tasks, functions and rights of the Council
4. The main principles of the Council are:
- responsibility before society,
- equality of the Members of the Council,
- openness for representatives of business and the state,
- transparency of activity,
- validity of prepared decisions,
- consideration of public opinion during preparing and decision-making,
- directivity on final result,
5. The main task of the Council is providing effective dialog between the state and business concerning improvement of business environment and investment climate in Kyrgyz Republic.
To achieve this the Council is charged with the following functions:
- studying and analysing the business environment and investment situation in the country;
- developing suggestions and recommendations to state agencies according:
Improving the business environment and investment situation;
Reforming the state management system in order to improve the regulatory functions of the state;
Defining a strategy and priorities to attract investments;
- examine the process for carrying out measures to improve the business environment and investment situation.
6. The Council has the right:
- in the course of meetings to hear heads of state management agencies reports on problems in improving the business environment and investment situation;
- under the defined procedure involve specialists of state agencies, other organizations and experts, including foreigners, to carry out expert assessments on the process of conducting measures to improve the business environment, attracting and using foreign investments, reforming the state management system to improve the regulatory functions of the state and defining a strategy and priorities in attracting foreign investments;
- to develop and introduce, as necessary, recommendations and suggestions to the state agencies on further improving state policy concerning the business environment and investment situation.
III. Organizing the activity of the Council
7. Meetings of the Council are to be held, as needed but not less than one meeting per quarter.
8. Meetings of the Council are considered to be valid if 2/3rds of members present.
9. Resolutions of the Council on questions in point are approved by a majority vote and noted in the Minutes, including suggestions or recommendations to the state agencies on improving the business environment and investment situation and the effective attraction and application of foreign investments. Basing on Minutes of the Meeting can be worked out corresponding decisions of the Government of Kyrgyz Republic.
10. Under the Council on constant and temporary base could be organized working bodies of the Council. The decisions on creation of corresponding bodies are accepted by the Members of the Council.
11. The Secretariat of the Council and also the Authorized state agency of executive officials in economical development sphere of the Kyrgyz Republic complies organizational-methodical and technical maintenance.
Monitoring of execution of recommendations and Council offers is carried out by the Secretariat of the Council and the Authorized state agency of executive officials in economical development sphere of the Kyrgyz Republic.
12. The Council’s Secretariat is funded by grants.
IV. Rights and duties of the Council Members
13. The Members of the Council have the right:
- To participate in debate at Council sessions, to make offers, remarks and amendments on the substance of discussed questions, to offer candidates of experts, to ask questions, to give inquiries, and also to have other rights given to members of the Council, in an order established by the presentRegulation;
- To take part in preparation and realization of the recommendations accepted by the Council;
- To receive and get acquainted with all information necessary for performance of Members’ duty;
- To be present at sessions of working bodies of Council with the deliberative vote right at discussion of the questions which are within the competence of the Council;
- To freely express the opinion on any question of activity of the Council;
- To participate in work of the commissions and working groups of the Government of the Kyrgyz Republic, the ministries, departments and local governments;
- To address in state structures and to request of them necessary for work of Council the information.
14. The Members of the Council are obliged:
- To personally take part in Council work, in activity of its working bodies and actions planed by the Council;
- To participate in Council activity, without supposing admissions without valid excuse;
- To express a position of business communities represented in Council and to be connected with their decisions;
- To give to other members of the Council the exhaustive information on the maintenance, a course and results of the activity within the limits of the accepted plans of work of Council;
- To promote realization of decisions and recommendations of Council.
V. Functions and powers of the Secretariat of the Council
13. According to the defined procedure the Secretary of the Council has the right:
- to ask state agencies for information necessary for the work of the Council;
- to monitor and assess the Council’s suggestions and recommendations;
- to prepare reports to the Council and inform the Chairperson and Members of the Council about recommendations and suggestions of the Council;
- to summarize the suggestions of ministries, state committees and departments and business representatives concerning improvements to the business environment and investment situation;
- to address in corresponding state agencies with the request for creation of expert groups for the decision in an operative order of the problem questions arising at business community;
- to participate in preparing meetings of the Council;
- Supervises over working body of Council – the Secretariat of the Council.
16. The functions, powers, structure and a list of members of the Secretariat’s staff are determined by the Secretary of the Council within the limit of his powers.
17. The Secretary of the Council has an individual letterhead.