Approved by the Decree of the President of the Republic of Azerbaijan dated April 20, 2016 

 

Charter of the Center for Analysis of Economic Reforms and Communication

 1. General Provisions

1.1. The Center for Analysis of Economic Reforms and Communication (hereinafter – the Center) was established by Decree No. 879 of the President of the Republic of Azerbaijan dated April 20, 2016.

1.2. The Center acts independently and, in its activities, shall be guided by the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, the Law of the Republic of Azerbaijan “On Public Legal Entities”, other laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, other normative legal acts and this Charter.

1.3. Oversight over the activities of the Center shall be carried out by the President of the Republic of Azerbaijan.

1.4. In the performance of its duties and the exercise of its rights, the Center shall cooperate with state and local self-government bodies, international and non-governmental organizations, as well as other legal entities and individuals.

1.5. The Center operates in areas of nationwide and public significance. The Center may engage in entrepreneurial activities only insofar as such activities contribute to achieving the goals set out in this Charter. Funds (revenues) obtained from the activities of the Center shall be directed to ensuring its operation.

1.6. The Center is a public legal entity and operates within the scope defined by this Charter.

1.7. The Center has an independent balance sheet, property under its operational management, treasury and bank accounts, an official seal bearing its name, as well as appropriate stamps and letterheads.

1.8. In accordance with the law, the Center may enter into transactions, acquire and exercise property and non-property rights on its own behalf, and bear obligations; it may act as a plaintiff or defendant in courts.

1.9. The Center is located in Baku.

2. Objectives and Duties of the Center

2.1. The objectives of the Center’s activities are to conduct analyses and research at the macro- and micro-economic levels to ensure the country’s sustainable economic development, to prepare proposals for the implementation of economic reforms based on analytical data, to develop medium- and long-term forecasts, to provide such forecasts to state bodies and institutions, as well as to promote the achievements of the Republic of Azerbaijan in various sectors of the economy.

2.2. The Center shall perform the following duties to achieve its objectives:

2.2.1. Analyzes the national economic development strategy in line with global economic challenges (including new technologies, innovative methods, preventive anti-crisis measures, application of global financial and economic trends, etc.), conducts expert assessments of the economic and related aspects of the strategy, and prepares proposals for its effective implementation;

2.2.2. Analyzes socio-economic processes occurring within the country, taking into account the current financial and economic situation, and forecasts expected economic changes;

2.2.3. Participates in the implementation of reform-related measures within projects carried out by various organizations, including local and international credit institutions;

2.2.4. Studies international experience in enhancing the country’s economic potential, developing the non-oil sector, creating a favorable investment climate, and attracting local and foreign investors;

2.2.5. Ensures the involvement of local and foreign business entities in ongoing reforms and their cooperation with relevant state bodies by holding relevant promotional activities (including round tables in the capital and regions, workshops for entrepreneurs and start-ups on business development and organization, etc.);

2.2.6. Disseminates various materials in foreign mass media, organizes promotional campaigns (business conferences, etc.) abroad to form a positive international image of the Republic of Azerbaijan in terms of attracting foreign investments, organizes and coordinates international advocacy of economic reforms, and establishes working groups with foreign investors;

2.2.7. Studies global economic trends, analyzes domestic and foreign financial-economic relations, conducts research on the development of economic cooperation with neighboring countries, assesses existing challenges, and prepares scientific-analytical and forecast-based proposals;

2.2.8. Analyzes the outcomes of economic reforms and the trends in building mutual trust among the state, private sector, and the public during the reform process;

2.2.9. Ensures informing entrepreneurs and the public about the essence and benefits of the reforms being implemented and their positive impact on entrepreneurship, the investment climate, and overall economic development;

2.2.10. Submits the results of analyses, research, and surveys to state bodies;

2.2.11. Ensures protection of state and commercial secrets as well as confidentiality;

2.2.12. Establishes international cooperation;

2.2.13. Ensures public awareness of its activities, creates and regularly updates an official website containing public information defined under the Law of the Republic of Azerbaijan “On Access to Information”;

2.2.14. Implements measures to improve its structure and functioning;

2.2.15. Reviews applications related to its activities;

2.2.16. Performs other duties defined by law and acts of the President of the Republic of Azerbaijan.

3. Rights of the Center

3.0. To perform its duties, the Center shall exercise the following rights:

3.0.1. To participate in the drafting of legal acts envisaging the implementation of economic reforms;

3.0.2. To act as an initiator and customer for conducting research at higher education institutions and research centers;

3.0.3. To provide consulting services on a contractual basis;

3.0.4. To send inquiries to state and local self-government bodies, as well as to natural and legal persons, in order to obtain necessary information and documents on matters within its competence, and to obtain such information from them;

3.0.5.To engage experts and specialists in its activities on a contractual basis;

3.0.6.To inform the public about the measures implemented, to publish a scientific-analytical journal and bulletins, to create a website, to publish books, articles, and other materials, and to carry out relevant activities jointly with representatives of competent state bodies, the private sector, and public associations;

3.0.7. To cooperate with international organizations and competent bodies of foreign states and to exchange experience for the purpose of exploring the possibilities of applying international practice;

3.0.8. To organize conferences, meetings, symposia, and other events in accordance with its areas of activity;

3.0.9. To exercise other rights established by law and acts of the President of the Republic of Azerbaijan.

4. Management of the Center

The Center is managed by the Supervisory Board and the Executive Director.

5. The Supervisory Board 

5.1. The overall leadership of the Center’s activities shall be carried out by a Supervisory Board (hereinafter – the Board) consisting of 3 members. The Chair and other members of the Board shall be appointed to and dismissed from office by the President of the Republic of Azerbaijan. The term of office of the Board members is 5 years.

5.2. The Chair and members of the Board shall act on a public-service basis without remuneration.

5.3. The Board shall be independent in decision-making.

5.4. The Board shall perform the following duties:

5.4.1. determines the structure of the Center, the total staff number, and salaries;

5.4.2. adopts decisions on the strategic development directions of the Center;

5.4.3. exercises oversight over the activities of the Center and the use of its property;

5.4.4. supervises the activities of the Executive Director of the Center;

5.4.5. approves the annual budget of the Center;

5.4.6. sets the rules and conditions to prevent conflicts of interest in the activities of the Board, the Executive Director, and employees, and oversees their implementation;

5.4.7. approves the internal rules of the Center’s activities as well as the regulations and charters of its structural units, entities included in its structure, and other subordinate bodies (legal entities, organizations, etc.) (excluding subsidiary public legal entities);

5.4.8. determines the staffing table and expenditure estimates in line with the total staff number;

5.4.9. sets the recruitment rules for the Center, including the procedures for employee performance evaluation;

5.4.10. every six months prepares the Center’s financial statements and an activity report and submits them to the President of the Republic of Azerbaijan.

5.5. The Chair of the Board:

5.5.1. organizes the work of the Board and leads its activities;

5.5.2. sets the agenda of the Board meetings, convenes meetings, and presides over them;

5.5.3. at his/her own initiative or at the request of any Board member or the Executive Director, invites other persons to participate in Board meetings;

5.5.4. takes other measures related to the organization of the Board’s activities.

5.6. Members of the Board:

5.6.1. participate in resolving matters within the competence of the Board;

5.6.2. familiarize themselves in advance with the meeting agenda and materials to be considered;

5.6.3. express opinions on decisions to be adopted by the Board;

5.6.4. submit proposals for inclusion of matters within the Board’s competence in the Board’s meeting agenda;

5.6.5. review the Board’s decisions, meeting minutes, and other documents;

5.6.6. must approach matters considered at Board meetings impartially;

5.6.7. must not miss Board meetings without a valid excuse;

5.6.8. must avoid actions and statements that could damage the reputation of a Board member.

6. Procedure for Holding Board Meetings

6.1. The Chair of the Board convenes a meeting of the Board at least once every three months and presides over it.

6.2. A meeting of the Board may also be convened at the request of any Board member or the Executive Director.

6.3. In consultation with the Executive Director, the Chair of the Board shall determine the matters to be discussed and prepare the meeting agenda. The Chair shall determine the rules of procedure for each meeting depending on the matters to be discussed.

6.4. Board members shall be notified in writing at least 3 business days prior to the meeting about the venue and time of the meeting, as well as the items included in the agenda; necessary documents shall be attached.

6.5. The Executive Director also participates in the Board’s meetings.

6.6. At his/her own initiative or at the request of any Board member or the Executive Director, the Chair of the Board may invite other persons to participate in Board meetings.

6.7. The Board’s decisions shall be adopted by open voting, by a simple majority of the votes of members present at the meeting. Each member has one vote. In the event of a tie, the vote of the chairing person shall be decisive.

6.8. If a matter affecting the interests of any Board member is included in the agenda, that member must provide detailed information on his/her interests and must not participate in the discussion of that matter. In such a case, the member shall not take part in voting on the matter, and his/her presence shall not be counted for purposes of determining quorum.

6.9. No decision may be adopted on matters not included in the agenda or on matters for which all required documents have not been submitted before the meeting, except where all members present consent.

6.10. The results of the Board’s meeting shall be formalized in minutes signed by the Board members and the Board’s secretary. If the secretary cannot attend the meeting, the Chair shall appoint a substitute. The minutes shall be approved by the Board and sent to the Executive Director.

6.11. The secretary of the Board shall be appointed by the Chair of the Board from among employees who are not members of the Board and shall report to the Chair.

6.12. The secretary of the Board:

6.12.1. organizes the Board’s meetings;

6.12.2. notifies Board members, as well as the persons specified in Clauses 6.5 and 6.6 of this Charter, in writing at least 3 business days before the meeting about the venue and time;

6.12.3. draws up the minutes of Board meetings and submits them to Board members for signature

6.12.4. prepares drafts of the Board’s decisions and submits them to the Chair of the Board for consideration and signature;

6.12.5. ensures that the Board’s adopted decisions are delivered to the relevant addressees.

7. Executive Director

7.1. The current activities of the Center shall be managed by the Executive Director.

7.2. The Executive Director of the Center shall perform the following duties:

7.2.1. implements the Board’s decisions;

7.2.2. organizes the activities of the Center, manages its current operations, and represents it;

7.2.3. submits appropriate proposals to the Administration of the President of the Republic of Azerbaijan and to the Cabinet of Ministers of the Republic of Azerbaijan in line with the objectives set for the Center;

7.2.4. submits proposals to the Board on determining the structure of the Center, the total staff number, and salaries;

7.2.5. within the established wage fund and total staff number, submits proposals to the Board on setting the staffing table and approving the expenditure estimates of the Center;

7.2.6. prepares the Center’s activity reports and its financial statements and submits them to the Board;

7.2.7. in accordance with the rules specified in Sub-paragraph 5.4.9 of this Charter, issues orders regarding the recruitment of employees, their appointment to other positions and dismissal, as well as incentive and disciplinary measures concerning them;

7.2.8. issues orders on the activities of the Center and participates in the adoption of decisions by the Board;

7.2.9. approves the Center’s annual work programs and reports on their implementation;

7.2.10. submits proposals to the Board on the formulation of the Center’s development strategy;

7.2.11. adopts decisions on all other matters not falling within the competence of the Board;

7.2.12.  informs the Board regarding current and operational matters;

7.2.13.  prepares proposals related to the matters specified in Sub-paragraphs 5.4.6 and 5.4.7 of this Charter and submits them to the Board for approval;

7.2.14. prepares and submits to the Board information on matters for which decisions fall within the competence of the Board;

7.2.15.  establishes advisory committees and working groups in the Center’s fields of activity.

8. Charter Capital, Property, and Profit of the Center

8.1. The property of the Center shall be formed from its charter capital paid by the founder, other property provided by the founder, proceeds from the alienation of property under its operational management in line with its fields of activity, revenues from services rendered, and other funds not prohibited by law.

8.2. The property of the Center consists of fixed assets, current assets, and other tangible and intangible assets. The property of the Center is reflected in its independent balance sheet.

8.3. Ownership, use, and disposal rights over the land plots and other property assigned to the Center belong to the Center.

8.4. The Center shall use the property granted to it only for the purposes defined in this Charter.

8.5. The charter capital of the Center is 1,000,000 (one million) manats.

9. Liquidation and Reorganization

Decisions on the liquidation and reorganization of the Center shall be adopted by the President of the Republic of Azerbaijan.

 

On Amendments to the Charter of the Center for Analysis of Economic Reforms and Communication approved by Decree No. 879 of the President of the Republic of Azerbaijan dated April 20, 2016

DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN

Guided by Sub-paragraph 32 of Article 109 of the Constitution of the Republic of Azerbaijan, I hereby resolve:

1. To supplement the Charter of the Center for Analysis of Economic Reforms and Communication, approved by Decree No. 879 of the President of the Republic of Azerbaijan dated April 20, 2016 (Collection of Legislative Acts of the Republic of Azerbaijan, 2016, No. 4, Article 684), with Sub-paragraphs 2.2.1-1 – 2.2.1-4 as follows:

“2.2.1-1. at the request of state bodies, conducts feasibility studies and risk assessments of state economic programs and strategies and economic incentive projects, and conducts surveys among stakeholders regarding such projects;

2.2.1-2. at the request of state bodies, conducts monitoring and evaluation of activities carried out in industrial parks, industrial districts, and agro-parks, as well as of state economic programs;

2.2.1-3. at the request of state bodies, evaluates the economic efficiency of completed state programs and state investment projects;

2.2.1-4. prepares proposals on economic reforms, conducts surveys in connection with the implementation of such reforms, and publishes consumer satisfaction ratings.”

2. The Cabinet of Ministers of the Republic of Azerbaijan shall:

2.1. within three months, prepare and submit to the President of the Republic of Azerbaijan a draft set of rules for monitoring and evaluation of economic incentive projects;

2.2.within three months, prepare and submit to the President of the Republic of Azerbaijan a draft set of rules for the preparation, implementation, monitoring, and evaluation of state programs;

2.3. within three months, prepare and submit to the President of the Republic of Azerbaijan a draft set of rules on the placement of orders with and financing of the Center for Analysis of Economic Reforms and Communication by the relevant state bodies for the purposes envisaged in Sub-paragraphs 2.2.1-1 – 2.2.1-3 of this Decree;

2.4. within three months, prepare and submit to the President of the Republic of Azerbaijan proposals for bringing the acts of the President of the Republic of Azerbaijan into conformity with this Decree;

2.5. ensure, within three months, the alignment of the normative legal acts of the Cabinet of Ministers of the Republic of Azerbaijan with this Decree and inform the President of the Republic of Azerbaijan thereof;

2.6. oversee the alignment of the normative legal acts of central executive authorities with this Decree and, within five months, inform the President of the Republic of Azerbaijan of its implementation;

2.7. resolve other issues arising from this Decree.

3. The Ministry of Justice of the Republic of Azerbaijan shall ensure the alignment of the normative legal acts and normative acts of a regulatory nature of central executive authorities with this Decree and shall inform the Cabinet of Ministers of the Republic of Azerbaijan thereof.

On an Amendment to the Charter of the Center for Analysis of Economic Reforms and Communication approved by Decree No. 879 of the President of the Republic of Azerbaijan dated April 20, 2016

DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN

Guided by Sub-paragraph 32 of Article 109 of the Constitution of the Republic of Azerbaijan, in connection with the implementation of Order No. 2349 of the President of the Republic of Azerbaijan dated September 21, 2016, “On the establishment of a unified database of goods produced in the Republic of Azerbaijan,” I hereby resolve:

To supplement the Charter of the Center for Analysis of Economic Reforms and Communication, approved by Decree No. 879 of the President of the Republic of Azerbaijan dated April 20, 2016 (Collection of Legislative Acts of the Republic of Azerbaijan, 2016, No. 4, Article 684; No. 7, Article 1261), with Sub-paragraph 2.2.13-1 as follows:

“2.2.13-1.ensures the operation of an Internet portal that contains information on goods produced in the Republic of Azerbaijan and their manufacturers, functioning in at least three languages (Azerbaijani, English, and Russian); undertakes promotional activities to ensure that manufacturers place information on that portal; and ensures the dissemination of information about the portal through mass media.”

 

Ilham ALIYEV,

President of the Republic of Azerbaijan

Baku city, November 29, 2016

 № 1129