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The perspectives of consular offices’ activities of Uzbekistan on the development of trade and economic relations with foreign countries in modern conditions Kadirova N. , Gafurova S. (Republic of Uzbekistan)
Перспективы деятельности консульских учреждений Узбекистана по развитию
торгово-экономических связей с иностранными государствами в современных
условиях
1 2
Кадирова Н. Р. , Гафурова С. А. (Республика Узбекистан)
2Кадирова Наргиза Рашитовна /Kadirova Nargiza - преподаватель;
2Гафурова Севара Алишеровна / Gafurova Sevara - преподаватель, кафедра государственного строительства и права, факультет международного права,
Университет мировой экономики и дипломатии, г. Ташкент, Республика Узбекистан
Abstract: the article discusses issues related to the enhancement of the role and definition of a place of Consular Service of the Republic of Uzbekistan in the process of trade development and economic relations with foreign countries. The necessity to develop a legal framework as well as establishing appropriate organizational and legal mechanisms of consular assistance offoreign economic activity are noted in the article.
Аннотация: в статье рассматриваются вопросы, связанные с повышением роли и определением места консульской службы Республики Узбекистан в процессе развития торгово-экономических связей с иностранными государствами. Отмечается необходимость развития правовой базы, создания соответствующего организационно-правового механизма консульского содействия внешнеэкономической деятельности.
Keywords: consular offices, trade, economic and trade relations, consular law, consular conventions, consular and legal protection.
Ключевые слова: консульские учреждения, внешнеэкономическая деятельность, торгово-экономические связи, консульское законодательство, консульские конвенции, консульско-правовая защита.
At present, with consideration for new economic priorities and interests of the country abroad and on the basis of objective conditions, foreign policy of Republic of Uzbekistan should stimulate progress of wide contacts and ties between business quarters of Uzbekistan and their foreign partners.
One of such priority areas of foreign-policy activity should be mending of international collaboration, directed to protection of Uzbekistan economic interests abroad. In full measure, it concerns activity of Republic's MFA and its foreign institutions.
Because of this, lately, more actively is being put a question about enhancement of the role and determination of position of consular service of Republic of Uzbekistan in process of development of trade and economic ties with foreign states.
Business representatives had no experience in bargaining and any knowledge of local market conditions and had no idea about foreign partners, often suffered considerable losses especially at early periods of their activity. As a result of this, they have to appeal to trade missions, (where, they are active) diplomatic missions and consular institutions for elucidation and consultation in trade and economic law, about trustworthiness of a firm and procedure for the conclusion of foreign trade contracts in present country.
In consideration of consular law and practice of foreign countries, may be said, it is appropriate to realize activity of consular institutions in development of trade and economic ties and protection commercial interests by three following directions: informative-analytic work; intervention and organizational supplying; legal consular protection of trade and economic interests.
National legislation in consular affairs as possible should give the fullest regulation of Consul's activity on these directions, give him opportunity for creative using of regulatory enactment and showing own initiative, in terms of specific conditions.
According to one of priority directions of MFA activity of Republic of Uzbekistan and its foreign institutions, it should be mending of international collaboration in defense of economic interests of country, its legal person and citizens abroad.
In connection with this, consular service of Republic of Uzbekistan could render wider spectrum informative-consultation services in result-oriented questions. Specifically, in organization of integrated actions in supplying penetration of companies, business, national goods into foreign markets, searching and inspection trustworthiness of potential partners, cooperation in realization of business and commercial activity, establishing contacts and ties with enterprises, firms, companies, where mainly busy representatives from Republic of Uzbekistan.
Actually, it is a question of transformation of consular institutions of Republic of Uzbekistan, equally with economic services of embassies, to so-called consulting organ, which rendering services to domestic and foreign participants of foreign economic cooperation in attraction of investments, participation at investment project appraisals, seeking markets for export, strengthening of contractual legal framework of economic cooperation, supporting of state and private sector of economy, business owners and etc.
Also the question is about possession of wide legal framework the activity of consular institutions of Republic of Uzbekistan in development of trade and economic ties. It should be formalized in Consular regulations1 and other normative acts that passed to development and concretization its clauses, as it done in many advanced countries.
Present consular institutions of republic are in accordance with Vienna Convention on Consular Relations 1963, and legislation of host state, also with account of international practice, can be widened quantum of assistance to Uzbek and foreign business owners. Such kind of assistance may include reporting about political, economic, and legal aspects of business activity in republic and abroad, assistance in searching business partners, informative and other advancement of domestic entrepreneurship abroad, attraction of foreign investments to national economy, consular service of business representatives of republic at their sojourn abroad.
The base for successful implementation such kind of work is formation of data bank about needs of national and foreign enterprises, organizations and firms at trade areas, goods, technologies, investments, services, labor, experienced personnel and intellectual property with participation of interested state and commercial structures.
Consular assistance of foreign economic activity allows not only progress, but properly protection its legal persons and citizens' interests at foreign markets.
Such kind of work can be realized by following mechanism: foreign consular institutions of Republic of Uzbekistan receive requests from Consular administration of MFA of Republic of Uzbekistan, which consist commercial offers, then study them with business quarters of the host state and direct counter offer to Consular administration of MFA of Republic of Uzbekistan. Appellations of business quarter representatives to consular institutions ingenuously in the host state should be satisfied with informative-consultation service. In case of appellations of republican enterprises, organizations, institutions and firms to consular institutions can be answered by counter offer directly through Consular administration of MFA of Republic of Uzbekistan.
Consular institutions collect, generalize and direct information Consular administration of MFA of Republic of Uzbekistan about needs of foreign firms entry to Uzbekistan market, other information about economic, commercial, customs and political questions, which are interesting for business quarters of Uzbekistan. On the basis of this information Consular administration of MFA of Republic of Uzbekistan can form data bank for interested organizations, enterprises and private persons.
Settling with partners in center is accomplished on basis of contracts as established prices. Reporting, assistance in establishing business ties, using connections, office equipment and other actual expenses can be paid. Provision should be made the possibility of deduction of percentage figure of deals, concluded with assistance of consular institutions for the income of MFA.
For the avoidance of infringement of Vienna Convention on Consular Relations 19631 2, clauses banning to consular officials realize professional or commercial activity purposely to get personal profit at host state, settling with partners abroad should be performed on the basis of prices collecting dues compensatory actual expenses for the consular activity realization. In accordance with international practice actual expenses for collection information and reporting should be compensated, including making photo or xerocopies, mailing requests, lawyer fees, speaking expenses, telexes, e-mailing, post-and-telegraph expenses, using transport and etc. Payment of expenses of consular institutions for using Consular administration of MFA of Republic of Uzbekistan requests is carried out by client in the center of execution of commission.
Question of collection fee for informative-consultation services to foreign firms by foreign consular institutions should be solved depending on legislation and common practice in host state.
In this connection, it should not go unspoken about role of honorary consul institution in development of trade and economic interstate ties.
As international consular practice shows, the main functions of honorary consul are trade intermediary and assistance in promotion export production of provider state to domestic markets. Moreover, consular functionality of honorary consuls is:
- rendering of consultative services in questions of establishing ties and developing business collaboration with partners in host states, reporting about economic activity laws of host state, documentation regulations of such kind of activity;
- confirming paper work for realization export-import transactions (licenses, certifications and etc.), customs documentation, its legalization as appropriate;
- formulation of residence status in country, assistance in visa receiving, labor permit, resident permit and etc.
Variety of consular institutions activity areas presupposes its realization by competent specialists. Of course,
difficult tasks of developing trade and economic ties can be solved in case of staffing the consular institutions with expert personnel with necessary economic and juridical training.
References
1 [Consular Statute of the Republic of Uzbekistan // Bulletin of Oliy Majlis, 1996 №9 st124, 1999 №1, article 20.]
2 [The Vienna Convention on Consular Relations, 1963 Article 57 ]
1. Consular Statute of the Republic of Uzbekistan // Bulletin of Oliy Majlis, 1996 №9 st124, 1999 №1, article 20.
2. The Vienna Convention on Consular Relations, 1963 Article 57
