Procedure for confirmation of Force Majeure circumstances in Uzbekistan

When entering into contracts, parties often include a special provision on force majeure circumstances, i.e.:

“Certificates of authorised bodies provided by the Party affected by force majeure to the other Party will serve as evidence (confirmation) of the occurrence of force majeure circumstances and their duration”.

Leges Advokat team, here's a brief analysis of force majeure circumstances and the process of obtaining the abovementioned certificates within the framework of the legislation of the Republic of Uzbekistan. 

The following is considered as force majeure circumstances according to the legislation of the Republic of Uzbekistan:

• natural phenomena beyond the control of the will and actions of the parties (earthquakes, floods, droughts, etc.);
• socio-economic situations (war, export-import control, imposition of international sanctions, etc.);
• objectively oppressive conditions (epidemic, pandemic, quarantine, etc.);
• man-made disasters (fires, explosions, etc.);
• unexpected accidents, disruptions in the operation of infrastructure networks (transport, energy systems);
• natural disasters that do not allow the parties to fulfill their obligations.

If the counterparty proves the occurrence of force majeure circumstances and their impact on its operations, it shall be released from liability for non-performance of this contract. However, according to Article 333 of the Civil Code of the Republic of Uzbekistan, the following do not qualify as force majeure:

• violation of obligations on the part of the counterparties;
• absence of goods required for fulfillment on the market;
• lack of necessary funds at the disposal of the parties.

Most often, force majeure is declared by notifying the counterparty. Some contracts require a special certificate from government authorities to confirm such circumstances. Legislation provides two methods for obtaining these certificates:

• for foreign contracts – Administrative regulation for the provision of public services for the approval of force-majeure circumstances (approved by the Resolution of the Cabinet of Ministers No. RCM No. 625 dated 28 October 2022) (“Regulation No. 1”) (https://lex.uz/ru/docs/6259570);
• for local contracts – Regulation On the procedure for confirming force-majeure circumstances arising within the framework of local economic agreements (approved by the Resolution of the Cabinet of Ministers No. RCM No. 231 dated 7 June 2023) (“Regulation No. 2”) (https://lex.uz/ru/docs/6488486).

1. Obtaining certificates confirming force-majeure circumstances within local contracts:

According to Clause 1 of Regulation No. 1, the Chamber of Commerce and Industry of Uzbekistan (CCI) is authorized to issue certificates confirming the occurrence of force majeure for domestic contracts.

Additionally, pursuant to Article 9 of the Law 'On the Chamber of Commerce and Industry of the Republic of Uzbekistan' (Law No. 483 dated July 9, 2018), one of the functions of the CCI is to verify force majeure circumstances arising under business contracts, except for those occurring within Uzbekistan under foreign trade transactions and contracts.

To obtain a certificate of force majeure, the applicant (legal entities, individuals) must apply to the CCI, by indicating the following in the application itself:

• the name of the applicant (individual entrepreneur / legal entity);
• requisition and subject of the contract(s) to which the certificate is to be issued;
• obligations of the applicant under this contract(s), the procedure and deadlines for their implementation;
• description of force majeure circumstances (place, time, period and their effect), which the applicant considers as an obstacle to the proper fulfillment of his obligations under the contract(s);
• force majeure is the beginning and end of the period of validity (if expired);
• list of documents to be attached to the application;
• information about the applicant’s requisites (postal address, telephone number, email address (if available), name of the commercial bank, etc).

Also, it is required to attach subsequent documents to the application:

• contract(s) and addendums to it (if any);
• documents confirming the scope of obligations fulfilled under the contract(s);
• documents (materials) on the occurrence of force majeure circumstances.

The Application shall be directly submitted to the CCI (address: 4, Amir Temur str., Tashkent, 100047, the Republic of Uzbekistan) or through its official website (https://chamber.uz/en).

The CCI reviews the application and accompanying documents within fifteen (15) days. If the CCI issues a certificate, the applicant will be notified on the same day, and the certificate along with all supporting documents will be posted on the CCI’s official website. The certificate is issued electronically with a matrix barcode and the digital signature of the CCI Chairman.

No state fee is charged for processing the application or for the issuance of the certificate. The certificate is issued for an indefinite period, is one-time, and applies only to the contractual relationships specified in the application.

2. Obtaining certificates confirming force-majeure circumstances within foreign contracts:

According to Clause 2 of Regulation No. 2, certificates confirming force-majeure circumstances shall be issued by the Ministry of Investment, Industry and Trade of the Republic of Uzbekistan (Ministry).

Applications are submitted through the Unified Portal of Interactive State Services (https://my.gov.uz/ru/service/666). To obtain a certificate confirming force majeure circumstances, the applicant (legal entity or individual) must apply to the Chamber of Commerce and Industry (CCI) along with the required documents:

• contract(s), addendums (if any);
• documents confirming the scope of the obligations fulfilled under the contract(s) (reference of funds transferred by the bank, accounts and/or documents).

The application and its attachments are reviewed by the Ministry within 13 days. If the certificate is issued, the applicant will be notified through their account on the Unified Portal of Interactive Public Services.

There is no state fee for processing the application, but a fee of 90% of the Basic Estimated Amount (BEA) (As of the date of the publication 1 BEA is equal to UZS 375,000 / approx. USD 29.) is charged for issuing the certificate confirming force majeure circumstances. If multiple contracts are attached to the application, an additional fee of 50% of the BEA will be charged for each additional contract.