Uzbek Business under Force Majeure
With a view to global epidemiological situation and spread of coronavirus in Uzbekistan, the Government decided to establish a force majeure regime for business in case of failure to fulfill contracts.
Considering mitigation of negative impact of the coronavirus pandemic and global crisis on the economy, the Ministry of Investment and Foreign Trade received instructions to issue Certificate of irresistible force (force major) upon requests from business entities. The term for certificate issuance is one day (if force majeure is associated with coronavirus).
It is worth noting that according to the Regulation on Confirmation of Force Majeure Circumstances approved by the Cabinet of Ministers on February 15, 2005 No. 63, force majeure means emergency, unavoidable and unforeseen circumstances caused by natural phenomena (landslides, earthquakes, hurricanes , droughts, etc.) or social and economic circumstances (state of war, blockade, import and export bans in the public interest, etc.) that do not depend on the will and actions of the parties and that occurred in the Republic, as well as which are the reason for failure to fulfill obligations under foreign trade transactions and international treaties.
Moreover, such circumstances do not include breach of obligations by the debtor’s counterparties, commercial lack of goods necessary for execution, etc.
In general, the parties may try to agree on mutually beneficial conditions in case of force majeure of one of the parties (for example, extend deadlines to fulfill obligations by amending contractual obligations).
In case of failure to agree, one of the parties that requires confirmation of force majeure may apply to the Ministry of Investment and Foreign Trade for a certificate attaching a copy of the foreign trade transaction or international treaty.
The Ministry of Investment and Foreign Trade will take all necessary prompt measures to assist business entities of the Republic in issuance of such certificates.
a) Central Office of the Ministry:
department authorized to issue certificates - 1 238 50 23, 71 238 50 22;
Application Processing Department - 71 238 50 00;
b) Regional Offices of the Ministry:
The Republic of Karakalpakstan - 61 222 31 91;
Andijan region - 74 223 24 03;
Bukhara region - 65 221 51 84;
Jizzakh region - 72 226 56 24;
Kashkadarya region - 75 221 07 14;
Navoi region - 79 223 78 99;
Namangan region - 69 227 76 46;
Samarkand region - 66 230 48 42;
Syrdarya region - 67,225 36 65;
Surkhandarya region - 76 223 36 45;
Tashkent region - 70 762 58 97;
Fergana region - 95 402 60 90;
Khorezm region - 62 223 15 06;
Tashkent city - 71 210 03 28.