Approved under Decree dated April 20 2016 of the President of Azerbaijan Republic
Charter of the Center for Analysis of Economic Reforms and Communication
1. General provisions
1.1 The Center for Analysis Economic Reforms and Communication (hereinafter – Center) was set up by Decree 879 dated April 20 2016 of the President of Azerbaijan Republic.
1.2 The Center is independent in its activities and it is governed by the Constitution of Azerbaijan Republic, the international treaties to which Azerbaijan Republic is a party, Law “On Public Legal Persons” and other laws of Azerbaijan republic, decrees and orders of the President of Azerbaijan republic, resolutions and orders of the Cabinet of Ministers of Azerbaijan Republic, other regulatory – legal acts and this Charter.
1.3 President of Azerbaijan Republic oversees the activities of the Center.
1.4 The Center works in close cooperation with the government and local self – administration bodies, international and non – government organizations, other legal and physical persons when performing its duties and realizing its rights.
1.5 The Center is engaged in activities of general state and public importance. It may be engaged in entrepreneurship activity only in cases when such activity serves to achieve the objectives set out in this Charter. The revenues derived from the work of the Center is directed towards assuring its activity.
1.6 The Center is a public legal person and works along the trends defined in this Charter.
1.7 The Center has an independent balance, property in ownership, treasury and bank accounts, seal bearing its name, proper stamps and blanks.
1.8 Pursuant to Law, the Center has proper rights and duties to make agreements, acquire and realize property and non – property rights. It may also acts a claimant or respondent at courts.
1.9 The Center is located in Baku city
2. Objectives and duties of the Center
2.1 Objectives of the Center is to develop proposals for realization of economic reforms based on analytical data by conducting analyses and researches on macro - and micro - economic levels directed to ensuring sustainable economic development of the country, as well as prepare mid – and long-term forecasts, provide government authorities and agencies with the same and organize promotion of the achievements made by the Republic of Azerbaijan in various sectors of the economy the Center
2.2 To achieve the objective set out in this Charter, the Center performs the following duties:
2.2.1 Conduct analysis of the country’s economic development strategy (new technologies, innovative methodologies, preventive anti-crisis measures, ability to introduce global financial and economic situation and etc. spheres), expertise of the economic and other aspects of the strategy and draft proposals on the ways of effective application of the same;
2.2.2 Analyze socio – economic processes within the country and forecast expected economic fluctuations considering the current financial – economic situation;
2.2.3 Take part in the reformatory measures envisioned within the projects implemented by different organizations, as well as local and international credit organizations over various spheres;
2.2.4 Analyze international best practices in order to enhance country’s economic potential, develop non – oil sector, build favorable investment environment, as well as attract local and foreign investors;
2.2.5 Ensure close involvement and cooperation with relevant government authorities in area of local and foreign business entities by way of holding promotion campaigns with their participation ( both in the capital city and regions: holding round table at scientific circles and higher educational institutions; formation of business ideas for entrepreneurs and new entrepreneurs; training programs in business organization and development);
2.2.6 Disseminate different materials at mass media outside the country aiming to build positive image of Azerbaijan Republic for attraction of foreign investments into the country economy; hold relevant promotion campaign (business conferences and etc.), lobby the economic reforms carried out, organize and coordinate work of joint work teams on different areas;
2.2.7 Explore the tendencies in global economy, analyze the financial – economic ties within the country, conduct researches on development of economic ties with nearby countries, appraise the current challenges, and draft scientific – analytical and forecast proposals in this regard;
2.2.8 Analyze results of economic reforms conducted, development tendency of the mutual confidence built between public – private sectors and publicity in the reforms process;
2.2.9 Ensure awareness of entrepreneurs and publicity on the nature of the economic reforms carried out, their advantages and benefits for investment environment and economic in general;
2.2.10 Make available analysis, research, and survey results to government authorities;
2.2.11 Take measures to protect public and commercial secrets, as well as confidentiality regime;
2.2.12 Build and cooperate on international ties;
2.2.13 Ensure awareness of population on its work, create webpage, post the public information, the listing of which is envisioned to be publicized under the Law “On Access to Information” of Azerbaijan Republic, on that page and constantly upgrade the information;
2.2.14 Take measures to upgrade its structure and activities;
2.2.15 Examine the appeals received in connection with its activity;
2.2.16 Discharges other functions defined by law and acts of the President of Azerbaijan Republic.
3.Rights of the Center
3.0. Center exercise the following rights to perform its duties:
3.0.1. take part in the process of developing legal acts anticipating implementation of economic reforms;
3.0.2. act as an initiator and customer of researches at higher educational institutions and scientific centers;
3.0.3. provide consulting services on contractual basis;
3.0.4. send inquiries to government and local self – administration bodies, physical and legal persons to obtain necessary information and documentation associated with the matters within its jurisdiction and obtain such information;
3.0.5. involve experts and specialists in its activities on contractual basis;
3.0.6. inform publicity on the actions carried out, issue scientific – analytical journals and bulletins, create webpage, publish books, articles, and other materials, as well as implement relevant measures jointly with representatives from government authorities, public sector and public unions;
3.0.7. cooperate and conduct exchange of experience with international organizations, relevant agencies of foreign bodies in order to investigate opportunities for introducing the international best practices;
3.0.8. hold conferences, meetings, symposiums and other events according to the courses of activity;
3.0.9. exercise other rights stipulated by law and the acts of the President of Azerbaijan Republic.
4 Management of the Center
The Center is managed by the Supervisory Board and Executive Director.
5. Supervisory Board
5.1. General management of the center is led by the Supervisory Board composed of three persons (hereinafter – Board). President of Azerbaijan Republic appoints and dismisses chairman and other members of the Board. Duration in office of the Board members is 5 years.
5.2. Chairman and members of the Board work on public bases without remuneration.
5.3. The Board has an independent decision – making rights.
5.4. The Board performs the following duties:
5.4.1. fix the structure, limit of total employee number, and their remuneration;
5.4.2. make decision regarding courses of strategic development of the Center;
5.4.3. oversee work and utilization of the property of the Center;
5.4.4. oversee work of the Executive Director of the Center;
5.4.5 approve annual budget of the Center;
5.4.6. define rules and conditions for ruling out potential conflict of interests during the work of the Board, Executive Director, and offices and oversee their execution;
5.4.7. approve internal regulations of the Center, regulations and charters ( excepting subsidiary public legal persons) of the structural units, the agencies under its structure and other structures in its jurisdiction ( legal persons, organizations, and etc.);
5.4.8. fix staff list and cost estimates according to the maximum employee number;
5.4.9. define rules for employment and employee appraisal procedures at the Center;
5.4.10. draft center’s financial report and report on its activities every six months and submit the same to the President of Azerbaijan Republic.
5.5. Chairman of the Board:
5.5.1. Organize and lead activities of the Board;
5.5.2. work out agenda for the Board meetings, convene and chair meetings;
5.5.3. invite any other persons to Board meetings at his or any Board member initiative or request of the Executive director;
5.5.4. take other actions relating to the Board activities.
5.6. Board members:
5.6.1. take part at the solution of matters relating to Board jurisdictions;
5.6.2. familiarize with the agenda of a Board meeting or materials to be reviewed in advance;
5.6.3. express his views on the decisions to be made at the Board.
5.6.4. make proposal regarding review at Board meetings of the matters in the Board jurisdiction;
5.6.5. familiarize with Board decisions, minutes of the meeting and other documentation;
5.6.6. Treat the matters reviewed at Board meetings objectively;
5.6.7. Never miss Board meetings without reasonable excuses;
5.6.8. avoid committing any acts or making speeches that may jeopardize the image of a Board member.
6. Procedural order of the Board meetings
6.1. Board chairman convenes and chairs Board meetings at least once in three months.
6.2. Board meetings may also be convened at the request of any Board member or Executive director.
6.3. Board chairman defines the matters to be discussed in consultations with the Executive director and develops agenda of the meeting. Board chairman determines the schedule of each meeting depending on the matters to be discussed.
6.4. Board members are notified in writing on the venue and timing of the meeting, as well as the matters included in the agenda by inclusion of necessary documentation within at least 3 days of the meeting.
6.5. Executive director also takes part at the Board meeting.
6.6. Board chairman may invite any persons to take part at the Board meetings at his or any Board member’s initiative or at the request of the executive director.
6.7. Board decisions are adopted by open voting through ordinary majority of the members taking part at the meeting. Each member has one voting right and where votes are equal, chairman of the meeting has a casting vote.
6.8. If any matter is included in the agenda of the Board meeting that affects interests of any member, he / she shall provide detailed information regarding it and not take part at the discussion of the same. In this case, the member does not take part in the vote on the matter and his participation is not taken into account when quorum is established.
6.9. No decision may be made on the matters not included in the agenda or required documentation for which haven’t been submitted before the meeting, except the cases of agreement to it by all participating members.
6.10. Outcome of the Board meeting is documented in the minutes signed by the Board members or Board chairman. Where the Board secretary fails to take part at the Board meeting, then Board chairman appoints a proxy. The minutes is approved and sent to the Executive director.
6.11. Board secretary is appointed by the Board chairman from among the officers who are not Board members and who will be accountable to the Board chairman.
6.12. Board secretary:
6.12.1. Organize Board meetings;
6.12.2. Notify in writing the Board members as well as the persons provided in Subpar. 6.5. and 6.6 of this charter on the venue and timing of the Board meetings within at least 3 days of the meeting;
6.12.3. make minutes of the Board meetings and submit them to Board members for signing;
6.12.4. develop draft projects of the Board decisions and submit them to the Board chairman for signing;
6.12.5. ensure sending of the decisions made by the Board to their intended addresses.
7. Executive director:
7.1. Executive director is responsible for day-to-day activities of the Center.
7.2. Executive director performs the following functions:
7.2.1. execute Board resolutions;
7.2.2. organize works, lead its day – to – day activities and represent the Center;
7.2.3. submit proposals to the President Administration and the Cabinet of Ministers of Azerbaijan Republic according to the outlined goals;
7.2.4. Make proposals to the Board regarding the Center’s structure, maximum number of employees, and their remuneration;
7.2.5. make proposals to the Board regarding fixing staffing list of the Center and approval of its cost estimates within the established payroll and total employee number;
7.2.6. prepare and submit to the Board reports on the Center’s activities and its financial report;
7.2.7. Under the rules given in Subpar. 5.4.9. of this Charter, issue orders regarding employment, appointment to and dismissal from office, as well as taking measures incentivizing or otherwise reprimanding them.
7.2.8. Issue orders relating to the activities of the Center and take part at the adoption of decisions by the Board;
7.2.9. approve annual work programs relating to Center’s activities and reports on their fulfillment level;
7.2.10. make proposals to the Board on formation of the Center’s development strategy;
7.2.11. make decisions regarding all other matters not in the jurisdiction of the Board;
7.2.12. advise Board of the current and urgent issues;
7.2.13. prepare proposals regarding the matters given in Subpar. 5.4.6 and 5.4.7 of this Charter and submit them to the Board for approval;
7.2.14. prepare information regarding the matters to be decided upon by the Board and submit them to the Board;
7.2.15. set up advisory committees and work teams on the courses of activity of the Center.
8. Center’s authorized capital, property and profit
8.1. The Center’s property is formed from the authorized capital contributed by the founder, other property types given to it by the founder, alienation of the property at his disposal according to the courses of activity, revenues derived from the services provided, and other funds not prohibited by law.
8.2. The Center’s property comprises main assets, turnover funds, and other material and non – material assets. The Center's property is reflected in its independent balance sheet.
8.3. The Center has the ownership, utilization, and disposal rights over the lands and other types of property at its disposal.
8.4. The Center utilizes the property it owns only for the purposes provided in the Charter.
8.4. The Center’s authorized capital is 1.000.000 (one million) AZN.
9. Liquidation and reorganization
Decisions regarding liquidation and reorganization of the Center are made by the President of Azerbaijan Republic.
Decree of the President of Azerbaijan Republic on amendments to “the Charter of the Center for Economic Reforms Analysis and Communication” approved by Decree 879 dated April 20 2016 of the President of Azerbaijan Republic
Proceeding from Par. 32 of Article 109 of the Constitution of Azerbaijan Republic, I hereby resolve:
1. Add below listed subpar. 2.2.1-1 – 2.2.1-4 to “the Charter of the Center for Economic Reforms Analysis and Communication” approved by Decree 879 dated April 20 2016 of the President of Azerbaijan Republic ( Legislative Code of Azerbaijan Republic, 2016, # 4, Article 684):
“2.2.1-1. At the request of government agencies, conducts feasibility studies and risk analyses of economy – oriented state programs and strategies, economic promotion projects and holds surveys among concerned parties of the projects;
2.2.1-2. at the request of government agencies, conducts monitoring and appraisals of the activities carried out at industrial parks, sites, and agroparks, as well as economy – oriented state programs;
2.2.1-3. At the request of government agencies, appraises economic efficiency of the completed state programs and state investment projects;
2.2.1-4. holds surveys relating to preparation of proposals on economic reforms and implementation of the reforms and publishes consumer satisfaction ratings;”
The Cabinet of Ministers of Azerbaijan Republic shall:
2.1. prepare draft economic promotion projects monitoring and appraisal rules within three months period and submit them to the President of Azerbaijan Republic;
2.2. prepare and submit to the President of Azerbaijan Republic draft rule on development, execution, monitoring, and appraisal of the state program;
2.3. For the purposes stipulated in subpar. 2.2.1-1 – 2.2.1-3 of this Decree, prepare draft rule on placement of orders by relevant government agencies to the Center for Economic Reforms Analysis and Communication and their financing within three months period;
2.4. Prepare proposals on alignment of the acts of the President of Azerbaijan Republic to this Draft and submit them to the President of Azerbaijan Republic within three months period;
2.5. ensure alignment of the regulatory – legal acts of the Cabinet of Ministers of Azerbaijan Republic to this Decree and inform the President of Azerbaijan Republic about it;
2.6. keep under control alignment of the regulatory – legal acts of the central executive bodies to this Decree and inform the President of Azerbaijan Republic about its execution within five months period;
2.7. Resolve other matters arising out of this Decree.
3. Ensure alignment to this Decree of the regulatory – legal acts and acts of regulatory nature of the central executive bodies of the Justice Ministry of Azerbaijan Republic and inform the Cabinet of Ministers of Azerbaijan Republic about it.