Special Procedures for United States and NATO Contractors

Transcription

1 Special Prcedures fr United States and NATO Cntractrs New AISA License and its Renewal Prcedures Gvernment f the Islamic Republic f Afghanistan Afghanistan Investment Supprt Agency (AISA) Directrate f Licenses 2015/1393 Page 1 f 6

2 Base: These prcedures are enacted based n articles 17 and 18 f 1 st chapter f Presidential decree N (38) f the Islamic Republic f Afghanistan and Security and Defense Cperatin Agreement between the United States f America and the Islamic Republic f Afghanistan (BSA) and the Agreement between the Nrth Atlantic Treaty Organizatin and the Islamic Republic f Afghanistan n the Status f NATO frces and NATO persnnel cnducting mutually agreed NATO-led activities in Afghanistan (SOFA). Purpse: These prcedures prvide specific steps and prcedures fr issuing three-year licenses fr US I NATO cntractrs in rder t functin effectively and accelerate services prvisin by AISA Applicability: These special prcedures are nly fr issuing and extending US I NATO cntractrs' licenses and AISA is respnsible fr implementing it. Enfrcement: These prcedures are enfrced subsequent t the apprval f Afghanistan Investment High Cmmissin. US and NATO Cntractrs: Based n sectin N (5) f article N (1) f the BSA and sectin (H) f Article (1) f the NATO SOFA, US I NATO cntractrs are defined as fllws: "US Cntractrs" means persns and legal entities wh are supplying gds and services in Afghanistan t r n behalf f United States frces under a cntract r subcntract with r in Supprt f United States frces. The "NATO Cntractrs" means persns and legal entities wh are supplying gds and services in Afghanistan t r n behalf f NATO Frces under a cntract r subcntract with r in supprt f NATO, NATO Member States, r Operatin Partners. Page 2 f 6

3 Chapter One Issuance f New Licenses Terms f New License Issuance: Authrized representatives f US I NATO frces shuld be intrduced as "Fcal Pints" frm Reslute Supprt Office f the Legal Advisr via a frmal letter t deal with cntractr issues and prcedures. The "Fcal Pint" will cntinuusly update the list f the cntractrs wh have cntracts with US /NATO. The presence f the President, Vice President, r equity partner with the cntracted cmpany is bligatry when starting the cmpany registratin prcess; if these individuals are nt present, their legal representative with a pwer f attrney shuld represent the cmpany. All applicatin dcuments shuld be authenticated by the Embassy r Cnsulate f Afghanistan. Upn submissin f prperly cmpleted applicatin frms, AISA will have fur business days t btain the apprval f line agencies fr technical evaluatin fr specialized licenses; the agencies are bliged t ntify AISA regarding their agreement r disagreement during limited perid. Alng with the applicatin frm, the fllwing dcuments shuld be prvided by each cmpany when applying fr a BSA license: Original passprt and visas f the President, Vice President and equity partner r their legal representative alng with three clr cpies f their passprt and visas. Original IDs (Tazkera) f the President, Vice President, and equity partners, if they are Afghan citizens. 4 phts f the President, Vice President and equity partners. Official/stamped cntract letter r leasing dcuments cnfirmed by area representative (village elder) r prperty wner. If the cmpany is lcated inside US r NATO base, the cntractr must bring an fficial letter frm the Administratin f that base. A cpy f the cntact persn's Tazkira, address and telephne number must be prvided. Accrding t article 109 f Incme Tax law, nne f the equity partners, cmpany president r vice president can register a new cmpany withut tax clearance f their previus cmpany/cmpanies. The new license r license extensin fee established by Afghanistan's Investment High Cmmissin will be based n the capital and business type accrding t the relevant apprved fee structure table. Page 3 f 6

4 Chapter Tw Issuance f Branch license Cnditins fr Opening a Branch: If the freign cntracting cmpany intends t pen a branch in Afghanistan, all the requirements in the General Prcedures fr AISA licenses shall be applicable, which are as fllws: Apprval letter frm the freign cmpany's Bard f Presidents authenticated by the Afghan Embassy in that cuntry r Afghan Ministry f Freign Affairs. The presence f the President, Vice President, r equity partner with the cntracted cmpany is bligatry when starting the cmpany registratin prcess; if these individuals are nt present, their legal representative with a pwer f attrney shuld represent the cmpany. All applicatin dcuments shuld be authenticated by the Embassy r Cnsulate f Afghanistan. Alng with the applicatin frm, the fllwing dcuments shuld be prvided by each cmpany when applying fr a BSA license: Original passprt and visas f the President, Vice President and equity partner r their legal representative alng with three clr cpies f their passprt and visas. Original IDs (Tazkera) f the President, Vice President, and equity partners, if they are Afghan Citizens. 4 phts f the President, Vice President and equity partners Official/stamped cntract letter r leasing dcuments cnfirmed by area representative (village elder) r prperty wner. If the cmpany is lcated inside US r NATO base. If the cmpany is lcated inside US r NATO base, the cntractr must bring an fficial letter frm the Administratin f that base. Address and telephne number must be prvided. Page 4 f 6

5 Chapter Three License Renewal Cnditins fr License Renewal: US I NATO cntracting cmpanies wh btain an AISA Investment License are bliged t prvide their annual financial reprt t AISA in rder t apply fr a license extensin. The AISA License extensin prcess is as fllws: The cmpany representative must cntact AISA within 90 days f the slar fiscal year (December February) in which their license expires in rder t btain an "inquiry letter" and prcessing it in the relevant agencies. The cmpany name must be n the list prvided by the Fcal Pint. The license shall be extended fr three years subsequent t a settling f the previus year's taxatin bligatins which wuld be cnfirmed by receipt f fficial letter (in respnse t the inquiry letter) by this Agency. Obtaining the annual tax clearance letter frm the Ministry f Finance within the legal timeline is bligatry fr the Cmpany; therwise the Cmpany's license will be invalidated. Phts f cmpany president and vice president (ne fr each) must be prvided. If the cmpany's address changes, the cntract fr the newly rented, leased r purchased prperty must be prvided. Prviding line cmpanies' licenses thrugh the relevant Ministries (fr Risk Management and Security Cmpanies, license frm the Ministry f the Interir and ther relevant Afghan gvernment agencies). Nte: US/NATO cntractrs with existing valid licenses shuld renew licenses upn expiratin. Qualified cmpanies will be issued three year licenses at that time. Page 5 f 6

6 3-Year Licensing and Renewal Fees Activity Sectr Minimum Investment by dllar (US$) New License Fee Renewal Fee Cnstructin / Rad Building Industry Equipment Prductin, Cnsumer Gds, Clth and Steel Mills and Steel Prducts Prductin and Prcess f Agriculture and Animal Prducts, Bee Farm Cnstructin Manufacturing Prductin Agriculture Small Investment 100,000 2,100 1,050 Medium Investment 1,000,000 2,100 1,050 Large Investment 10,000,000 3,000 1,500 Small Investment 1, Medium Investment 50,000 1, Large Investment 1,000,000 1, Small Investment 100, Medium Investment 1,000,000 1, Large Investment 10,000,000 1, Small Investment 100, Medium Investment 1,000,000 1, Large Investment 10,000,000 1, Small Investment n/a Mining and Quarrying, Strage and Refining f Oil Grund and Air Transprt, Freight, Lease and Renting Lgistic, Technlgy, Technical, Exhibitin, Cleaning and Htel, Distributin f Oil Telecmmunicatin and Aviatin Educatinal, Entertainment, Health, Bradcasting, ISP and Advertisement Security and Risk Management Cnsultancy, Human Resurce, Financial, Legal and Insurance Mining Medium Investment 1,000,000 1, Large Investment 10,000,000 1, Small Investment 100,000 2,100 1,050 Medium Investment 1,000,000 3,000 1,500 Large Investment 10,000,000 3,000 1,500 Small Investment 50,000 2,100 1,050 Medium Investment 1,000,000 3,000 1,500 Large Investment 10,000,000 3,000 1,500 Small Investment n/a Medium Investment n/a Large Investment 10,000,000 6,000 3,000 Small Investment 5, Medium Investment 100, Large Investment 1,000,000 1, Small Investment n/a Medium Investment n/a Large Investment 1,000,000 15,000 15,000 Small Investment 10,000 3,000 1,500 Medium Investment 50,000 6,000 3,000 Large Investment 1,000,000 6,000 3,000 Page 6 f 6