RESOLUTION No. 245 OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN 5 June, 2001 On Measures to Improve Organizational Management Structure in the Road Transport Sector In keeping with the Decree No. UP-2871 of the President of the Republic of Uzbekistan dated June 4, 2001 “On De-monopolization and Improvement of Management in the Road Transport Sector”, and for the purpose of creating efficient management structure for the road transport at the national and territorial [regional] levels, the Cabinet of Ministers hereby resolves: 1. To form a commission for the liquidation of the Uzbek State Joint-Stock Road Transport Corporation (“Uzavtotrans”) with membership as per Annex 1. The Liquidation Commission shall, following the established procedure, within two months take actions to liquidate the “Uzavtotrans” Corporation, carry out the inventory of public assets kept in the balance of the Corporation and its incorporated entities and units, and submit to the GosKomImushchestvo [GKI] of the Republic of Uzbekistan proposals regarding efficient use of these assets in the future. 2. To accept the following proposals made by the founders of associations and companies incorporated into the “Uzavtotrans” which is being liquidated: - To liquidate GAO [State Joint-Stock Association] “UzTransKhizmati”, GAK [State Joint-Stock Company] “UzTansProgress” and GAO “UzAvtoKhodim” and transfer all their enterprises and organizations to the regional associations of road carriers; - To transform GAK “TashOblPassTrans” and GAK “TashOblGruzTrans” [freight] into a regional association of road carriers “TashVilTrans” [Vil stands for Viloyat - Province]; - To make the Republican State Joint-Stock Association “UzMezhAvtoTrans”, the Republican Association “UzTransSanoat”, the insurance company “Yulovchi”, OAO “BK INTRANS” function as independent economic entities in coordination with the Uzbek Agency for Automobile and River Transport [UAART]. 3. To abolish “KhorezmRechFlot” [river fleet] management agency and make all its subordinate entities part of the regional road carriers association of Khorezm Province. The GKI of the Republic of Uzbekistan shall within two months, following the established procedure, take actions to liquidate “KhorezmRechFlot” management agency. The Ministry of Finance of the Republic of Uzbekistan shall transfer the responsibility for financing Khojeili and Chalysh road sections from the republican budget to the local budgets of the Republic of Karakalpakstan and Khorezm Province. 4. To approve: - Organizational management structure foe road and river transport as per Annex 2; - The list of enterprises and organizations to be made part of republican associations and regional associations of road carriers, as per Annex 3; - Standard organizational chart of the executive body of the regional road carriers association management as per Annex 4. 5. Liquidation Commission shall, following the established procedure, transfer - editorial offices of the magazine “The Road Transport of Uzbekistan”, newspaper “Uzbekiston Avtomobilchisi” and the Republican Road Transport Services Certification Center under the responsibility of the UAART; - educational institutions as per Annex 5 of the being liquidated “Uzavtotrans” under the responsibility of the Ministry of Higher and Secondary Professional Education of the Republic of Uzbekistan. 6. To approve the staffing of the UAART, the structure of its central management body and the standard organizational chart of the Agency’s regional offices, as per Annexes 6, 7 and 8. To establish the maximum number of staff for the UAART central office as 27, and of the Agency’s regional offices as 144 (without support staff). To allow the UAART employ two deputy directors and a collegium of 5 persons. 7. The GKI shall, before August 1, 2001, appoint on a competitive basis trust managers for the public stock of shares in the joint-stock road transport companies, which used to be part of the “Uzavtotrans” group. 8. Classified. 9. The Council of Ministers of the Republic of Karakalpakstan, khokimiyats of provinces and Tashkent city, and the GKI shall, before august 1, 2001, take actions to transform regional state joint-stock concerns and associations into regional associations of road carriers. 10. The special commission for the liquidation of “Uzavtotrans” shall, within one month, study and submit to the Cabinet of Ministers proposals to revise, based on market standards and appropriateness, the procedure and list of licensed activities, license conditions and requirements to be met by road carriers, in view of their maximum liberalization. 11. The UAART together with the State Tax committee, Ministry of Interior and the Ministry of Justice of the Republic of Uzbekistan, shall: - within two months submit to the Cabinet of Ministers the Procedure of controlling road transport operations, which would anticipate a mechanism to control the observance of established licensing terms and requirements by all road carriers [operators], regardless of their form of ownership; - within two months, together with the State Customs committee, submit to the Cabinet of Ministers proposals concerning the set up of efficient system of customs control and procedure of inspecting technical condition, allowable weight and dimension parameters of inbound vehicles, the availability of gauges (taxographers) on board the vehicles in compliance with the European Covenant (ECTP) [???] for international transport operations. 12. Road transport companies [ATPs] and organizations which used to be part of the “Uzavtotrans” and which have debts on credits provided by the “Asaka” bank against guarantee issued by the “Uzavtotrans”, shall, within one month re-conclude guarantee agreements for other types of credit security, such as collateral, or guarantees issued by third parties. 13. The Department for External Economic Activity of the Cabinet of Ministers together with the UAART shall agree with the IBRD the issue of appointing the Republican Association “UzTransSanoat” [transport industry] as sub-borrower for the Loan Agreement No. UZ-4547 with the IBRD, to replace the liquidated “Uzavtotrans”. 14. Liquidation commission shall transfer the building located at the address: Tashkent, 39a, Akademika Y. Gulyamova St., and other property from the balance of “Uzavtotrans” to the balance of the UAART. 15. To consider null and void the CM Resolution No. 21 dated January 12, 1993 “Issues of organization and operations of the Uzbek State Joint-Stock Road Transport Corporation (“Uzavtotrans”)”. 16. To make changes and amendments into some resolutions of the Cabinet of Ministers of the Republic of Uzbekistan as per Annex 9. 17. Control over the implementation of this Resolution shall be performed by Mr. R. S. Azimov, Deputy prime Minister of the Republic of Uzbekistan. I. Karimov Chairman of the Cabinet of Ministers Annex 1 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 Membership of the Special Commission for the liquidation of the State Joint-Stock Corporation “Uzavtotrans” 1. R. S. Azimov, Deputy Prime Minister of the Republic of Uzbekistan, Chairman of the Commission 2. A. N. Isaev, Deputy Prime Minister of the Republic of Uzbekistan, Deputy Chairman of the Commission 3. M. A. Askarov, First Deputy Chairman of the GosKomImushchestvo 4. S. Y. Abdurakhmanov, Deputy Head of the Secretariat of the Cabinet of Ministers 5. K. M. Sidiknazarov, Chairman of the Board of the “Uzavtotrans” Corporation 6. P. A. Samatov, Deputy Minister of Justice 7. E. F. Gadoev, Deputy chairman of the State Tax Committee 8. M. S. Abdurakhmanov, Deputy Minister of Finance 9. M. J. Gapparov, Chief Accountant of the “Uzavtotrans” Corporation 10. O. R. Gaziev, Head of Administration, Office Manager of the “Uzavtotrans”. Annex 2 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 Organizational Structure for Road and River Transport Management Republican Level Uzbek Agency for Automobile and River Transport Regional offices of the Agency Republican association “UzTransSanoat” Republican Center for certification of road transport services Republican association “UzMezhAvtotrans” Editorial Office of the magazine “Road Transport in Uzbekistan” Insurance Company “Yulovchi” Editorial Office of the newspaper “Uzbekiston Avtomobilchisi” OAO “BK INTRANS” Annex 2 Regional Level Council of Ministers of the Republic of Karakalpakstan, Province and Tashkent City Khokimiyats CARRIERS ASSOCIATION “KORAKALPOKTRANS” CARRIERS ASSOCIATION “ANDIJONTRANS” CARRIERS ASSOCIATION “BOKHOROTRANS” CARRIERS ASSOCIATION “JIZZAKHTRANS” CARRIERS ASSOCIATION “KASHKADARYOTRANS” CARRIERS ASSOCIATION “NAVOITRANS” CARRIERS ASSOCIATION “NAMANGANTRANS” CARRIERS ASSOCIATION “SAMARKANDTRANS” CARRIERS ASSOCIATION “SYRDARYOTRANS” CARRIERS ASSOCIATION “SURKHANDARYOTRANS” CARRIERS ASSOCIATION “TOSHVILTRANS” CARRIERS ASSOCIATION “FARGONATRANS” CARRIERS ASSOCIATION “KHORAZMTRANS” CARRIERS ASSOCIATION “TOSH-SHAKHARYUKTRANS” Annex 3 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 THE LIST of enterprises and organizations to be made part of the national and regional associations of road carriers NATIONAL ASSOCIATION “UZTRANSSANOAT” 1. OAO “UzInformTranssistema” 2. OAO “MADIN’A” 3. OAO “AvtoTourTrans” NATIONAL ASSOCIATION “UZMEZHAVTOTRANS” 1. JV “KAMKO” CARRIERS ASSOCIATION “KORAKALPOKTRANS” 1. OAO “KRtrnasKhizmeti” 2. Firm “Alisher-A-97” 3. Private company Nukusskiy KIVC 4. OOO Nukusskiy AUK 5. MP [Small enetrprise] “AvtoKniga” Nukus 6. Associations of private operators (2 entities) CARRIERS ASSOCIATION “ANDIJONTRANS” 1. OAO AndijanTransExpeditsia 2. Association of private operators 3. OOO Andijanskiy KIVC 4. OOO Andijanskiy AUK CARRIERS ASSOCIATION “BOKHOROTRANS” 1. OAO BukharaTransExpeditsia 2. “Sharq” Service Center 3. OOO Bukharskiy AUK CARRIERS ASSOCIATION “JIZZAKHTRANS” 1. OAO JizakTransExpeditsia 2. OOO Jizakskiy AUK CARRIERS ASSOCIATION “KASHKADARYOTRANS” 1. OAO KashkadaryaTransExpeditsia 2. OOO Karshinskiy AUK CARRIERS ASSOCIATION “NAVOITRANS” 1. OAO NavoiTransExpeditsia 2. MP “Usto” 3. MP TransAgency “Kiziltepa” 4. MP “NavoiTransAgency” 5. OOO Navoiyskiy AUK 6. Transport agency “Khatirchi” CARRIERS ASSOCIATION “NAMANGANTRANS” 1. OAO NamanganTransExpeditsia 2. OAO ChustTransExpeditsia 3. OOO Namanganskiy KIVC 4. OOO Namanganskiy AUK CARRIERS ASSOCIATION “SAMARKANDTRANS” 1. OAO SamarkandTransExpeditsia 2. MP BulungurTransExpeditsia 3. OOO Samarkandskut KIVC 4. OOO Samarkandskiy AUK CARRIERS ASSOCIATION “SYRDARYOTRANS” 1. OAO “SyrdaryaTransKhizmat” 2. OOO “Namuna” 3. OAO Syrdaryinskiy KIVC 4. OOO Syrdaryinskiy AUK 5. MP “Ishonch” 6. MP “Madad” CARRIERS ASSOCIATION “SURKHANDARYOTRANS” 1. OAO SurkhandaryaTransExpeditsia 2. OOO Denauskiy AUK 3. MP “Yulduz” 4. MP “Avtomobilchi” CARRIERS ASSOCIATION “TOSHVILTRANS” 1. OAO TashOblTransExpeditsia 2. OOO “Buyuk Turon” 3. OOO Chirchikskiy AUK 4. OOO Almalykskiy AUK CARRIERS ASSOCIATION “FARGONATRANS” 1. OAO FargonaTransExpeditsia 2. OOO Kokandskiy AUK 3. OOO Ferganskiy AUK CARRIERS ASSOCIATION “KHORAZMTRANS” 1. OAO KhorezmTransExpeditsia 2. OOO KhazaraspTransExpeditsia 3. GP “KPIGA” (Overall Testing Station for Gas Cylinder Units) 4. Operating Section Chalysh 5. OOO Urgenchskiy AUK CARRIERS ASSOCIATION “TOSH-SHAKHARYUKTRANS” 1. OAO TashGorTransExpeditsia 2. OAO “Bakht” 3. OOO “ChAP-TEA” 4. OOO “TashAvtoSport” 5. OOO Tashkentskiy AUK 6. OOO “AvtoKurilish” 7. AO “AvtoKadr” Tashkent 8. SP [joint venture] “Interpart Co” 9. MP “AvtotransMarketing” 10. Association of private operators Annex 4 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 Standard Organizational Chart of the executive managing body of the regional road carriers association (Total number of staff - 20-30) Chairman of the Board First Deputy Chairman, Senior Manager Marketing and Passenger Transport Dept (2-4 staff) Marketing and Freight Transport Dept (2-5 staff) Operations & Technical Dept (3-4 staff) Safety Traffic and Emergency Situations Dept (2-3 staff) Deputy Chairman Economic analysis, Finance and Accounting Dept (3-5) Privatization & Investment Dept (2-3) Legal and Personnel Unit (2) Special Unit (1) Annex 5 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 LIST of educational institutions of the SJSC “Uzavtotrans” to be transferred under the responsibility of the Ministry of Higher and Secondary Professional Education 1. Tashkent Road Transport Technical School 2. Bukhara Road Transport Technical School 3. Nukus Road Transport Technical School 4. Urgench Road Transport Technical School 5. Kokand Road Transport Technical School Annex 6 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 LIST of enterprises and organizations incorporated into the structure of the Uzbek Agency for Automobile and River Transport, as well as independent associations interacting with the Agency in the course of their operations 1. Central Office of the UAART Organizations directly reporting to the Agency 2. Regional offices of the Agency 3. Republican Center for certification of road transport services 4. Editorial Office of the magazine “Road Transport in Uzbekistan” 5. Editorial Office of the newspaper “Uzbekiston Avtomobilchisi” Republican associations interacting with the Agency 1. Republican association “UzTransSanoat” 2. Republican association “UzMezhAvtotrans” 3. OAO “BK INTRANS” 4. Insurance Company “Yulovchi” Annex 7 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 Organizational Chart of the Central Office of the UAART (Total number of staff - 27) Head Deputy Deputy Dept for designing regulatory documents (4 staff) Dept for Licensing, Control & Organization of Safety Transport (5) External Economic Relations Sector (2) Information & Analytical Group (2) Navigation Register & Navigation Inspection (2) Collegium Finance and Accounting Dept (3) Legal Dept (2) Personnel Officer, Mail Office and Special Unit (2) Administration and Office Management (2) Annex 8 to the Resolution No.245 of the Cabinet of Ministers 5 June, 2001 Standard Organizational Chart of the Regional Office of the UAART (Total number of staff - 10-12) Head of Office Sector for franchising; Controlling over the observance of licensing requirements and conditions; Transport Safety (6) Navigation Register & Navigation Inspection (of Karakalpak Republican and Surkhandarya Regional Offices) (2) Sector for Licensing & Accounting (3) Annex 9 to the Resolution No. 245 of the Cabinet of Ministers 5 June, 2001 Changes and Amendments to be incorporated into certain resolutions of the Cabinet of Ministers of the Republic of Uzbekistan I. Clause 7 of the CM Resolution No. 11 dated January 11, 1995 “On the Procedure of Entry, Sojourn, Transit and Exit of foreign road transport carriers from the territory of the Republic of Uzbekistan” shall read as follows: “7. The responsibility for record and control shall be given to: - Frontier Guard Committee and the State Customs Committee of the Republic of Uzbekistan - over entry and exit of foreign carriers at the checkpoints; - The Ministry of Interior of the Republic of Uzbekistan - over the movement of foreign road vehicles in the territory of the country; - State Customs Committee of the Republic of Uzbekistan - over technical condition, allowable weight and dimension parameters of inbound vehicles, the availability of gauges (taxographers) on board the vehicles in compliance with the European Covenant (ECTP) [???] for international transport operations.” II. In the CM Resolution No. 296 dated July 11, 1998 “On the Establishment of the Uzbek Agency for Automobile and River Transport”: (1) Paragraph 4 of the Clause 7 of the Resolution shall read as follows: “revenues collected for registration and inspection of vessels on the basis of tariffs approved by the Ministry of Finance, and other legitimate revenues”; (2) In Annex 1: Clause 6: Paragraph 3 shall be canceled; Paragraph 7 after the words “floating structures” shall be added to by the words “in operation, as well as supervision over the observance of the Register Rules and other regulatory documents governing the maintenance of vessels and floating structures, the issuance of a vessel certificate, classification certificate, seaworthiness certificate, [mineral] oil, sewage and solid waste contamination proof certificate and other documents required by the Register Rules, by the River Navigation Register to the vessels”; To add the following paragraphs: “Design tariff policy for road transport services together with the Ministry of Finance of the Republic of Uzbekistan; License, following the established procedure, carriers’ operations and control the observance of licensing requirements and conditions in the road and river transport sector; Make, together with local governments, projections of public need for freight and passenger transport, and coordinate operations of public road and river transport; Facilitate the formation and development of road transport services market on the basis of furthering privatization process in the sector, implementing and improving route franchise mechanisms, creating equal operating conditions for the carriers of all forms of ownership, pursuing consistent technical policy in the sphere of road transport services; Approve, together with the Ministry of Interior, on the basis of proposals made by the Council of Ministers of the Republic of Karakalpakstan and khokimiyats of Tashkent and provinces, international and inter-province passenger routs; Organize and carry out certification of road transport services; Assist local governments, the Ministry of Defense and the Ministry of Emergencies of the Republic of Uzbekistan in coordinating operations of special road transport units in the situations of emergency and mobilization; Carry out policy concerning training and retraining of staff employed in road and river transport”; Clause 7: Paragraphs 2 and 3 shall read as follows: “License, following the established procedure, operations of economic entities engaged in road and river transport; Control over the observance by the licensees of license requirements and conditions in road and river transport sector”; To add the following paragraph: “Design, together with the Ministry of Finance, the tariff policy for road transport services”; Clause 8: Paragraph 3 shall read as follows: “Carry out, following the established procedure, scheduled and random checks over the observance of license requirements and conditions by the licensees; to draft protocols (reference notes) on the basis of check results, indicating concrete defaults; to make decisions obliging economic entities to eliminate the identified defaults; to establish deadlines for the elimination of such defaults”; To add the following paragraphs: “Monitor the correctness of how vessels are operated, equipped and supplied with inventory; monitor the observance of sailing and operational safety requirements; monitor the condition of navigation lines and navigation situation; to examine skills and knowledge of the vessel crews; Prohibit the operation of vessels and floating structures if vessel documents are expired, if vessels are not equipped with qualified crews, if there is no emergency-rescue and fire safety equipment, if vessels show defects which threaten human safety, if operating, fire safety, sanitary and environmental requirements are not complied with; Prohibit the use of vessels if their condition does not secure safety navigation or mooring; Design technical requirements for vessels to secure safe navigation, human safety, safe transport of freight on inland waterways and to prevent vessel-caused pollution; to carry out technical supervision over the fulfillment of these requirements; to perform classification, certification and supervision over the vessels during their maintenance on the basis of rules issued by the Register; Control the observance by foreign and domestic carriers of the main terms and provisions of international road and river transport agreements and covenants which Uzbekistan joined”; Clauses 10 and 11 shall read as follows: “10. The Head of the Agency [UAART] shall have two deputies appointed by the Cabinet of Ministers of the Republic of Uzbekistan. 11. The Agency forms a collegium of 5 persons to comprise the Head of the Agency (as Chairman of the collegium), his deputies and other executive officers of the Agency system. Personal membership of the collegium is to be approved by the Cabinet of Ministers”; Clause 15 shall be added to by the following wording: “as well as proceeds [charged] for registration and certification of vessels and other legitimate proceeds”. III. The CM Resolution No. 422 dated October 2, 1998 “On making amendments to the Cabinet of Ministers Resolution No. 296 dated July 11, 1998 “On the establishment of the Uzbek Agency for Automobile and River Transport”” shall be considered null and void. IV. In the CM Resolution No. 368 dated July 29, 1999 “On Issues of organizing and carrying out open tenders for suburban, inter-city and international road passenger transport” (SP [?] of the Republic of Uzbekistan, 1999, No. 7, p. 44): To cancel words “and Uzavtotrans Corporation”, “and Uzavtotrans Corporation” and “Uzavtotrans Corporation” in clauses 1 and 6 of the Resolution and clause 4 of Annex 3; In clause 4 of the Resolution the words “Uzavtotrans Corporation” shall be replaced with the words “Uzbek Agency for Automobile and River Transport”; In para 3 of clause 20 of Annex 2 the words “Uzavtotrans Corporation” shall be replaced with the words “Uzbek Agency for Automobile and River Transport”. World Bank User C:\WINNT.EN\Profiles\Tashkent_Visitor\DESKTOP\Adele\CMR-245-CHARTS.doc 06/11/01 7:38 PM