Doing Business with Turkmenistan

Exporting goods to Turkmenistan requires careful adherence to the country’s regulatory framework, customs procedures, and trade policies. Below is a step-by-step guide to help businesses navigate the process of exporting goods to Turkmenistan, along with key contacts in government and related agencies.

1. Determine Market Demand and Regulations

Before exporting to Turkmenistan, it is crucial to understand the market demand for your product and ensure that it complies with local regulations. Turkmenistan has specific regulations on the importation of certain goods, especially foodstuffs, pharmaceuticals, and technological equipment.

• How to Proceed:
  • Research the market demand for your product in Turkmenistan through industry reports, trade organizations, or government contacts.
  • Check if your product is subject to import restrictions or prohibitions, and ensure that it meets Turkmenistan’s technical standards and labeling requirements.
  • Consider working with a local distributor or trade agent with knowledge of the Turkmen market.
• Key Contact:
  • Turkmenistan Chamber of Commerce and Industry
    Website: http://www.cci.gov.tm

2. Classify Your Product and Ensure HS Code Compliance

To export products to Turkmenistan, you must correctly classify your goods under the Harmonized System (HS) Code. This classification determines the applicable duties and tariffs for your product.

• How to Proceed:
  • Identify the correct HS Code for your product. You can find this information through your local customs office or via online HS code directories.
  • Ensure that you understand the customs duties and taxes that apply to your product in Turkmenistan. Some products may benefit from preferential tariffs under trade agreements.
• Key Contact:
  • Turkmenistan State Customs Service
    Website: http://www.customs.gov.tm

3. Obtain Necessary Export Licenses and Permits

Certain products may require special export licenses or permits from your home country or from Turkmenistan’s authorities. This is particularly relevant for goods like pharmaceuticals, chemicals, weapons, or dual-use technologies.

• How to Proceed:
  • Check with your country’s export control authority to see if your product requires an export license.
  • For restricted goods, apply for the necessary licenses or permits before shipping the product to Turkmenistan.
  • For dual-use goods (products that have both civilian and military applications), be sure to comply with international export control regulations.
• Key Contact:
  • Turkmenistan Ministry of Trade and Foreign Economic Relations
    Website: http://www.mintrade.gov.tm

4. Arrange for Product Certification and Compliance with Standards

Turkmenistan may require product certification to ensure that imported goods comply with national safety, quality, and technical standards. This is common for products like electronics, machinery, food, and pharmaceuticals.

• How to Proceed:
  • Check if your product requires certification from the relevant Turkmen authorities (e.g., State Standardization Authority).
  • If certification is required, work with a certification body to ensure that your product meets Turkmenistan’s standards.
  • Obtain any necessary conformity certificates and include them in your export documentation.
• Key Contact:
  • Turkmenistan State Standardization Service (Turkmenstandartlary)
    Website: http://www.turkmenstandartlary.gov.tm

5. Prepare Export Documentation

Proper documentation is essential to ensure that your goods clear customs in Turkmenistan without delays. The following documents are typically required for exporting to Turkmenistan:

• Commercial Invoice: Details the value and nature of the goods being exported.
• Packing List: Provides information about the packaging of goods, including dimensions and weight.
• Bill of Lading / Airway Bill: Serves as proof of shipment.
• Certificate of Origin: May be required to verify that the product was manufactured in your country.
• Insurance Certificate: Confirms that the goods are insured during transit.
• Certificate of Conformity: If required, confirms that the product complies with Turkmenistan’s standards.
• How to Proceed:
  • Work closely with your customs broker or freight forwarder to ensure all documentation is accurate and complete.
  • Ensure that all documents are translated into Russian or Turkmen, as required by Turkmenistan’s customs authorities.

6. Hire a Customs Broker or Freight Forwarder

Navigating the complex customs procedures in Turkmenistan can be challenging without local expertise. Hiring a customs broker or freight forwarder familiar with Turkmenistan’s import regulations can help streamline the process and avoid delays.

• How to Proceed:
  • Identify a reliable customs broker or freight forwarder with experience in exporting to Turkmenistan.
  • Ensure that your broker is familiar with Turkmenistan’s customs procedures, duties, and tariffs.
  • Work with the broker to arrange for the transportation of goods via air, sea, or land routes.
• Tip: Choose a freight forwarder that offers a comprehensive range of services, including customs clearance, warehousing, and final delivery to the importer.

7. Submit Customs Declaration and Pay Duties

Once your goods arrive at a Turkmen port or border, you must submit a customs declaration and pay any applicable duties and taxes. Turkmenistan’s customs service will evaluate the declaration and inspect the goods if necessary.

• How to Proceed:
  • Submit the customs declaration via Turkmenistan’s online customs platform or at the customs office.
  • Pay the required import duties, value-added tax (VAT), and any other relevant charges. Be prepared to provide additional documents if the customs authorities request them.
  • Once the declaration is processed and duties are paid, your goods will be released for delivery to the importer.
• Key Contact:
  • Turkmenistan State Customs Service
    Website: http://www.customs.gov.tm

8. Arrange for Final Delivery and Distribution

After customs clearance, your goods can be transported to the final destination in Turkmenistan. Depending on the nature of your business, you may need to arrange for warehousing, logistics, and distribution within the country.

• How to Proceed:
  • Work with local logistics providers to ensure timely and secure delivery of your goods to the buyer’s location.
  • If you are planning to distribute goods on a larger scale, consider partnering with a local distributor or establishing a warehouse in Turkmenistan.

9. Ensure Compliance with Post-Import Regulations

Once your goods have entered the Turkmen market, you must ensure compliance with any post-import regulations, such as product labeling, advertising standards, and consumer protection laws.

• How to Proceed:
  • Ensure that all product labels comply with Turkmenistan’s language and content requirements.
  • Check if your product is subject to advertising regulations and make sure that your marketing strategies comply with local laws.
• Key Contact:
  • Turkmenistan Ministry of Trade and Foreign Economic Relations
    Website: http://www.mintrade.gov.tm

Key Government Contacts for Exporting to Turkmenistan

1. Turkmenistan Ministry of Trade and Foreign Economic Relations
   Oversees trade policies, foreign economic relations, and import/export regulations.
   Website: http://www.mintrade.gov.tm
2. Turkmenistan State Customs Service
   Responsible for customs clearance, duties, and border regulations.
   Website: http://www.customs.gov.tm
3. Turkmenistan Chamber of Commerce and Industry
   Supports businesses, trade relations, and provides market insights.
   Website: http://www.cci.gov.tm
4. Turkmenistan State Standardization Service (Turkmenstandartlary)
   Responsible for product certification, quality standards, and technical regulations.
   Website: http://www.turkmenstandartlary.gov.tm

Importing goods into Turkmenistan involves compliance with the country’s customs regulations, documentation requirements, and various import controls. Below is a step-by-step guide to help businesses and individuals navigate the process of importing goods into Turkmenistan, along with key contacts in government and related agencies.

1. Research Product-Specific Import Regulations

Before importing any goods into Turkmenistan, you need to verify whether there are specific import regulations or restrictions applicable to your product. Certain products, such as pharmaceuticals, chemicals, and agricultural products, may require special permits or certifications.

• How to Proceed:
  • Research whether your product falls under restricted or prohibited goods categories.
  • Check if your product requires a special import license or permit, particularly for items like pharmaceuticals, food products, or agricultural equipment.
  • Verify whether your product needs to meet Turkmenistan’s national standards (such as technical, health, or safety compliance) before importation.
• Key Contact:
  • Turkmenistan Ministry of Trade and Foreign Economic Relations
    Website: http://www.mintrade.gov.tm

2. Classify Goods by HS Code and Determine Applicable Duties

Every product imported into Turkmenistan must be classified under the Harmonized System (HS) Code, which is used to determine the applicable customs duties, taxes, and tariffs.

• How to Proceed:
  • Identify the correct HS Code for your product through international HS directories or by consulting with a customs broker.
  • Check the customs duties and Value-Added Tax (VAT) rates applicable to your product. Import duties vary depending on the product classification.
  • Ensure that any preferential tariffs under trade agreements (if applicable) are accounted for in your cost calculations.
• Key Contact:
  • Turkmenistan State Customs Service
    Website: http://www.customs.gov.tm

3. Obtain an Import License or Permit (If Required)

For certain goods, an import license or permit is mandatory. Items such as medical devices, pharmaceuticals, chemicals, and weapons require specific authorization from the relevant authorities in Turkmenistan.

• How to Proceed:
  • Determine whether your product requires an import license or permit based on its classification.
  • Apply for the necessary license through the relevant government agency (e.g., the Ministry of Health for pharmaceuticals or the Ministry of Agriculture for agricultural goods).
  • Ensure that you have obtained all necessary documents before shipping the goods to avoid delays at customs.
• Key Contact:
  • Turkmenistan Ministry of Health and Medical Industry
    Website: http://www.saglyk.gov.tm

4. Arrange for Product Certification and Compliance with Standards

Turkmenistan enforces strict quality and safety standards for imported goods. Depending on the product type, you may need to secure a certificate of conformity to prove compliance with national or international standards.

• How to Proceed:
  • Verify whether your product requires certification from the Turkmenistan State Standardization Service (Turkmenstandartlary).
  • If required, apply for a certificate of conformity either before or upon arrival at the customs checkpoint.
  • Ensure your goods comply with Turkmenistan’s technical regulations, including labeling, safety, and quality standards.
• Key Contact:
  • Turkmenistan State Standardization Service (Turkmenstandartlary)
    Website: http://www.turkmenstandartlary.gov.tm

5. Prepare Shipping and Import Documentation

Proper documentation is essential for clearing customs in Turkmenistan. The required documents will vary depending on the product, but typically include the following:

• Commercial Invoice: Specifies the value, quantity, and description of the goods.
• Packing List: Details the packaging, dimensions, and weight of the goods.
• Bill of Lading or Airway Bill: Acts as proof of shipment.
• Certificate of Origin: Confirms the country of origin of the goods (may be required for customs duties assessment).
• Insurance Certificate: Verifies that the goods are insured during transit.
• Import License or Permit (if required).
• Certificate of Conformity (if required by Turkmenistan’s standards).
• How to Proceed:
  • Work with your freight forwarder or customs broker to ensure that all required documents are prepared and accurate.
  • Ensure that all documents are translated into Turkmen or Russian, as required by the customs authorities.

6. Arrange for Customs Clearance and Submit Import Declaration

Once your goods arrive at a Turkmen port, airport, or land border, you must submit a customs declaration and begin the customs clearance process. The customs authorities will assess the goods and apply the relevant duties and taxes.

• How to Proceed:
  • Submit the Import Declaration via Turkmenistan’s Customs Information System or through a customs broker.
  • Provide all supporting documentation, including the commercial invoice, bill of lading, and certificate of origin.
  • Pay the applicable customs duties, VAT, and other related charges (e.g., handling fees). These fees must be paid before your goods can be released.
• Key Contact:
  • Turkmenistan State Customs Service
    Website: http://www.customs.gov.tm

7. Pay Duties, VAT, and Other Charges

Once the customs declaration is filed and reviewed, you will be required to pay the applicable customs duties, VAT, and other import-related charges. The VAT rate in Turkmenistan is 15%, applied to the CIF (Cost, Insurance, and Freight) value of the goods.

• How to Proceed:
  • Calculate the total import cost, including customs duties, VAT, and other taxes.
  • Ensure that all payments are made promptly to avoid delays in releasing your goods from customs.
  • Retain proof of payment as it may be required for future reference or audits.

8. Schedule Inspections (If Required)

Turkmenistan may require customs inspections for certain goods, especially agricultural products, machinery, or chemicals. These inspections ensure compliance with safety, health, and environmental standards.

• How to Proceed:
  • If your goods are subject to inspection, work with the customs authorities to schedule the inspection at the port of entry.
  • Ensure that the goods are properly packed and labeled to facilitate the inspection process.
  • Be prepared for additional processing time if an inspection is required.

9. Release and Delivery of Goods

After the customs clearance is complete and all duties have been paid, your goods will be released by the customs authorities. You can then arrange for final delivery to your warehouse or the buyer’s location.

• How to Proceed:
  • Work with a local logistics provider or freight forwarder to arrange for the transportation of the goods to their final destination within Turkmenistan.
  • Ensure that all documents and receipts are properly filed, as they may be required for post-import compliance or audits.

10. Ensure Compliance with Post-Import Regulations

Once the goods are imported, you must comply with post-import regulations, including labeling, marketing, and consumer protection laws. This is particularly important for products sold directly to consumers, such as food, electronics, or pharmaceuticals.

• How to Proceed:
  • Ensure that your goods are labeled in accordance with Turkmenistan’s labeling regulations, including language requirements (Turkmen or Russian).
  • Verify product guarantees or warranties, as required by local consumer protection laws.
  • If you plan to distribute your products widely, ensure that your marketing and advertising comply with local regulations.
• Key Contact:
  • Turkmenistan Ministry of Trade and Foreign Economic Relations
    Website: http://www.mintrade.gov.tm

Key Government Contacts for Importing into Turkmenistan

1. Turkmenistan Ministry of Trade and Foreign Economic Relations
   Oversees import regulations, trade policy, and foreign economic relations.
   Website: http://www.mintrade.gov.tm
2. Turkmenistan State Customs Service
   Responsible for customs clearance, duties, and tariffs.
   Website: http://www.customs.gov.tm
3. Turkmenistan State Standardization Service (Turkmenstandartlary)
   Handles product certification, technical standards, and conformity assessments.
   Website: http://www.turkmenstandartlary.gov.tm
4. Turkmenistan Ministry of Health and Medical Industry
   Regulates the importation of pharmaceuticals, medical devices, and health-related products.
   Website: http://www.saglyk.gov.tm

Incorporating a company in Turkmenistan involves several stages, from documentation preparation to registration with the relevant government authorities. Below is a step-by-step guide to help navigate the company incorporation process, including any associated costs and key contacts in government or related agencies.

1. Choose a Legal Structure for Your Company

The first step in incorporating a company in Turkmenistan is to decide on the legal structure. The most common types of business entities in Turkmenistan are:

• Limited Liability Company (LLC): The most common type of business entity for foreign investors.
• Joint Stock Company (JSC): A company whose capital is divided into shares.
• Representative Office: A non-commercial entity that is often used for market research.
• Branch Office: A legal extension of the parent company, often used for operational purposes.
• How to Proceed:
  • Choose the appropriate legal structure based on your business needs and objectives.
  • For most foreign businesses, the Limited Liability Company (LLC) is the preferred structure due to its flexibility and limited liability for shareholders.

2. Reserve a Company Name

Once you have chosen the legal structure, the next step is to reserve your company name. This name must be unique and not already in use by another business in Turkmenistan.

• How to Proceed:
  • Submit a request to the Turkmenistan Ministry of Finance and Economy to check the availability of your proposed company name.
  • Once approved, the name will be reserved for a specific period (usually 30 days).
• Cost: The reservation process may incur a small administrative fee, typically ranging from USD 50 to USD 100 depending on the complexity of the name search and approval process.
• Key Contact:
  • Turkmenistan Ministry of Finance and Economy
    Website: http://www.minfin.gov.tm

3. Prepare Required Incorporation Documents

To incorporate a company in Turkmenistan, certain documents must be prepared and submitted to the relevant authorities. These typically include:

• Charter (Articles of Association): This document outlines the company’s internal regulations, including its operations, governance, and scope of activities.
• Founding Agreement: If the company has more than one founder, a founding agreement may be necessary.
• Shareholder Information: A list of shareholders, including their shares and contributions.
• Proof of Address: Documentation of the company’s legal address in Turkmenistan.
• Director Information: Details about the company’s director(s) and their responsibilities.
• How to Proceed:
  • Draft the Charter and Founding Agreement in accordance with Turkmenistan’s Civil Code.
  • Ensure all documents are prepared in Turkmen or Russian, as required by law.
  • It is advisable to consult with a local lawyer to ensure all documents comply with local legal requirements.
• Cost: Legal fees for document preparation can vary but typically range from USD 500 to USD 1,000.

4. Deposit the Minimum Share Capital

Once your incorporation documents are ready, you must deposit the minimum share capital required for your chosen business structure. For an LLC, the minimum share capital is generally 5,000 Turkmen Manats (approx. USD 1,400), but this amount can vary based on the industry or type of business.

• How to Proceed:
  • Open a temporary bank account in the name of the company at a local bank.
  • Deposit the minimum required share capital.
  • Obtain a bank certificate that confirms the capital deposit, which will be needed for the registration process.
• Key Contact:
  • National Bank for Foreign Economic Activity of Turkmenistan
    Website: http://www.tfeb.gov.tm

5. Submit Incorporation Application to the Ministry of Finance and Economy

After preparing your documents and depositing the share capital, you must submit the incorporation application to the Ministry of Finance and Economy for approval. This application must include all relevant incorporation documents, as well as the bank certificate confirming the deposit of share capital.

• How to Proceed:
  • Submit the following documents to the Ministry of Finance and Economy:
    • Charter (Articles of Association)
    • Founding Agreement
    • Bank Certificate (proving the deposit of the share capital)
    • Proof of Address
    • Director and Shareholder Information
  • The ministry will review the application and ensure all documents meet the legal requirements.
• Cost: The government fee for company registration is typically USD 200 to USD 500, depending on the type of entity and the scope of activities.
• Key Contact:
  • Turkmenistan Ministry of Finance and Economy
    Website: http://www.minfin.gov.tm

6. Register for Taxes and Obtain a Taxpayer Identification Number (TIN)

Once the company is approved and registered with the Ministry of Finance and Economy, you need to register for taxes and obtain a Taxpayer Identification Number (TIN) from the State Tax Service.

• How to Proceed:
  • Apply for a TIN at the State Tax Service.
  • Register for corporate income tax, VAT, and any other relevant taxes (e.g., social security contributions for employees).
  • Ensure your company complies with Turkmenistan’s tax laws, including filing regular tax returns.
• Corporate Tax Rate: The corporate tax rate in Turkmenistan is 8% for most companies.
• VAT: The standard VAT rate in Turkmenistan is 15%.
• Key Contact:
  • Turkmenistan State Tax Service
    Website: http://www.tax.gov.tm

7. Register with the State Social Protection Fund

If your company plans to hire employees, you need to register with the State Social Protection Fund to ensure compliance with social security contributions and employee benefits regulations.

• How to Proceed:
  • Submit the company’s registration documents to the State Social Protection Fund.
  • Ensure that social security contributions are deducted from employees’ wages and paid to the fund as required by law.
• Key Contact:
  • Turkmenistan State Social Protection Fund
    Website: http://www.social.gov.tm

8. Obtain Necessary Permits and Licenses

Depending on the nature of your business, you may need to obtain specific business licenses or permits from relevant government agencies. For example, businesses in sectors like construction, manufacturing, pharmaceuticals, or energy may require additional approvals from specialized ministries.

• How to Proceed:
  • Determine which licenses or permits your business needs based on the industry.
  • Apply for the necessary permits from agencies such as the Ministry of Construction, Ministry of Health, or Ministry of Energy.
  • Ensure that all permits are in place before commencing business operations.

9. Open a Corporate Bank Account

After the company is officially incorporated, you must open a permanent corporate bank account in the company’s name. This account will be used for ongoing business transactions, including paying taxes, salaries, and suppliers.

• How to Proceed:
  • Choose a local or international bank operating in Turkmenistan.
  • Provide the Certificate of Incorporation, TIN, and other company documents to open the account.
  • Close the temporary account (used for the share capital deposit) and transfer the funds to the new corporate account.
• Key Contact:
  • National Bank for Foreign Economic Activity of Turkmenistan
    Website: http://www.tfeb.gov.tm

10. Start Business Operations

Once all the necessary approvals, licenses, and registrations are in place, your company can begin its operations in Turkmenistan. Ensure that you comply with ongoing regulatory requirements, such as tax filings, social security contributions, and corporate governance rules.

Key Government Contacts for Company Incorporation

1. Turkmenistan Ministry of Finance and Economy
   Responsible for company registration and financial regulations.
   Website: http://www.minfin.gov.tm
2. Turkmenistan State Tax Service
   Handles tax registration and compliance.
   Website: http://www.tax.gov.tm
3. Turkmenistan State Social Protection Fund
   Oversees social security and employee benefits registration.
   Website: http://www.social.gov.tm
4. Turkmenistan Ministry of Justice
   Handles legal aspects related to business registration and regulations.
   Website: http://www.minjust.gov.tm
5. National Bank for Foreign Economic Activity of Turkmenistan
   Provides banking services for company accounts and foreign investments.
   Website: http://www.tfeb.gov.tm

Setting up a manufacturing plant in Turkmenistan involves several steps, from obtaining land and permits to registering the business and complying with environmental and safety regulations. Below is a step-by-step guide to help navigate the process, including key contacts in government or related agencies.

1. Conduct Market Research and Feasibility Study

Before setting up a manufacturing plant in Turkmenistan, it is essential to conduct thorough market research and a feasibility study. This will help you understand the local market demand, competition, and cost of operations, as well as the availability of raw materials and labor.

• How to Proceed:
  • Analyze the market demand for the products you intend to manufacture.
  • Investigate the availability and cost of raw materials, labor, and utilities (e.g., water, electricity).
  • Evaluate potential sites for your plant, considering proximity to transportation networks (roads, rail, ports) and suppliers.
  • Perform a cost-benefit analysis to determine the viability of the project in Turkmenistan.
• Key Contact:
  • Turkmenistan Chamber of Commerce and Industry
    Website: http://www.cci.gov.tm

2. Choose a Legal Structure for Your Manufacturing Business

Before starting any construction or operational activities, you must incorporate a legal entity in Turkmenistan. The most common legal structures for manufacturing businesses are:

• Limited Liability Company (LLC): The most common choice for foreign investors.
• Joint Stock Company (JSC): Suitable for larger operations with multiple shareholders.
• Branch Office: For foreign companies looking to extend their operations into Turkmenistan.
• How to Proceed:
  • Choose the appropriate legal structure based on your business needs.
  • Incorporate the company following the procedures outlined by the Ministry of Finance and Economy.
• Key Contact:
  • Turkmenistan Ministry of Finance and Economy
    Website: http://www.minfin.gov.tm

3. Obtain Land and Property for the Manufacturing Plant

Securing land for your manufacturing plant is a critical step. Turkmenistan’s government controls much of the land, and foreign investors often lease land for long-term use.

• How to Proceed:
  • Identify an appropriate location for your manufacturing plant. Consider Industrial Zones or Free Economic Zones where tax incentives and infrastructure may be more favorable.
  • Apply for a land lease or purchase agreement from the relevant local or regional government authority.
  • If your business qualifies for incentives, you may be able to lease land at a reduced rate in designated industrial zones.
• Key Contact:
  • State Committee for Land Resources
    Website: http://www.land.gov.tm

4. Obtain Construction Permits

Before beginning the construction of your manufacturing facility, you must obtain the necessary construction permits from the local authorities.

• How to Proceed:
  • Submit the design plans for your manufacturing plant to the local Construction Authority.
  • Ensure that your plans are compliant with Turkmenistan’s building codes and environmental regulations.
  • Obtain permits for construction, utilities (water, electricity, gas), and waste disposal systems.
• Key Contact:
  • Turkmenistan Ministry of Construction and Architecture
    Website: http://www.gosstroy.gov.tm

5. Register for Utilities and Infrastructure Support

Manufacturing plants require reliable access to utilities such as water, electricity, gas, sewage, and telecommunications. These services must be secured before operations can commence.

• How to Proceed:
  • Register with the relevant utility providers for electricity, water, natural gas, and telecommunications.
  • Ensure that your plant meets energy efficiency regulations and has provisions for waste management and sewage disposal.
• Key Contact:
  • Turkmenistan Ministry of Energy
    Website: http://www.energy.gov.tm

6. Obtain Environmental Approvals

Manufacturing plants are subject to environmental regulation in Turkmenistan, especially if they could affect air and water quality or generate hazardous waste.

• How to Proceed:
  • Conduct an Environmental Impact Assessment (EIA) if required by law. This assessment ensures that your plant’s operations will not harm the local environment.
  • Submit the EIA to the State Committee for Environmental Protection for approval.
  • Ensure your plant complies with air pollution, water usage, and waste disposal regulations.
• Key Contact:
  • State Committee for Environmental Protection and Land Resources
    Website: http://www.nature.gov.tm

7. Hire and Train Workers

Once the construction is near completion, you will need to hire and train employees to operate the manufacturing plant. Turkmenistan has a growing workforce, and the government encourages the hiring of local talent.

• How to Proceed:
  • Register your business with the State Employment Service to advertise job openings and comply with labor laws.
  • Ensure compliance with Turkmenistan’s labor laws, including those related to health and safety, working hours, and minimum wage.
  • Provide training programs to ensure your workers are skilled in operating machinery and following safety protocols.
• Key Contact:
  • Turkmenistan Ministry of Labor and Social Protection
    Website: http://www.mlsp.gov.tm

8. Purchase and Install Machinery and Equipment

After construction is complete, the next step is to purchase and install the necessary machinery and equipment for your manufacturing operations.

• How to Proceed:
  • Import the required machinery by following Turkmenistan’s import regulations for industrial equipment. This may include obtaining certificates of conformity from the Turkmenistan State Standardization Service.
  • Install the machinery and ensure that it is compliant with local safety standards.
  • Calibrate and test all equipment to ensure that it is functioning properly before starting operations.
• Key Contact:
  • Turkmenistan State Standardization Service (Turkmenstandartlary)
    Website: http://www.turkmenstandartlary.gov.tm

9. Obtain Operational Licenses and Permits

Depending on the type of manufacturing, your plant may require specific operational licenses or permits. For example, if you are involved in chemical, food, or pharmaceutical manufacturing, additional permits from relevant ministries may be required.

• How to Proceed:
  • Identify the specific permits required for your industry. These may include industrial safety permits, health and safety approvals, or quality standard certifications.
  • Apply for the relevant operational licenses from the appropriate sectoral ministry (e.g., Ministry of Health, Ministry of Agriculture, Ministry of Industry).
  • Ensure compliance with fire safety and health and safety regulations.
• Key Contact:
  • Turkmenistan Ministry of Industry and Construction Production
    Website: http://www.industria.gov.tm

10. Start Manufacturing and Comply with Ongoing Regulations

Once all permits are obtained, machinery is installed, and staff are trained, you can begin manufacturing operations. It is important to ensure ongoing compliance with labor laws, environmental regulations, and tax laws.

• How to Proceed:
  • Maintain detailed records of production, waste management, and financial transactions.
  • Ensure regular tax filings and compliance with corporate tax and VAT regulations.
  • Conduct regular safety audits and environmental assessments as required by law.
• Corporate Tax: The corporate tax rate in Turkmenistan is 8% for most companies.
• VAT: The standard VAT rate is 15%.
• Key Contact:
  • Turkmenistan State Tax Service
    Website: http://www.tax.gov.tm

Key Government Contacts for Setting Up a Manufacturing Plant

1. Turkmenistan Ministry of Finance and Economy
   Oversees company incorporation and financial regulations.
   Website: http://www.minfin.gov.tm
2. Turkmenistan Ministry of Construction and Architecture
   Provides building permits and oversees construction regulations.
   Website: http://www.gosstroy.gov.tm
3. Turkmenistan Ministry of Industry and Construction Production
   Handles industrial licensing and operational permits for manufacturers.
   Website: http://www.industria.gov.tm
4. State Committee for Environmental Protection and Land Resources
   Handles environmental approvals and land use regulations.
   Website: http://www.nature.gov.tm
5. Turkmenistan State Standardization Service (Turkmenstandartlary)
   Responsible for quality standards, certificates of conformity, and industrial safety.
   Website: http://www.turkmenstandartlary.gov.tm
6. Turkmenistan State Tax Service
   Handles tax registration and compliance for businesses.
   Website: http://www.tax.gov.tm

Registering a trademark in Turkmenistan is essential for protecting your brand and ensuring exclusive rights to use your trademark in the country. This process involves specific legal steps, documentation, and fees. Below is a step-by-step guide to help you navigate the trademark registration process in Turkmenistan, including related costs and key contacts in government or related agencies.

1. Conduct a Trademark Search

Before applying for trademark registration, it’s important to ensure that your desired trademark is unique and not already registered or pending registration in Turkmenistan. Conducting a trademark search helps avoid potential conflicts or refusals by the relevant authorities.

• How to Proceed:
  • Perform a preliminary search in the Turkmenistan Trademark Register to check for existing trademarks that are identical or similar to yours.
  • You can also hire a local attorney or an intellectual property (IP) agent to conduct a more thorough search.
• Cost: There may be a nominal fee for accessing the trademark database or hiring an attorney, typically ranging from USD 50 to USD 200.
• Key Contact:
  • State Service for Intellectual Property of Turkmenistan (Turkmenpatent)
    Website: http://www.turkmenpatent.gov.tm

2. Prepare the Trademark Application

Once you have confirmed the availability of your trademark, you need to prepare the application. A typical trademark application in Turkmenistan includes:

• Applicant’s Information: The name and address of the individual or company applying for the trademark.
• Trademark Description: A clear representation of the trademark (word, logo, or both).
• Classification of Goods/Services: Turkmenistan follows the Nice Classification system, so you need to specify the classes of goods or services for which the trademark will be registered.
• Power of Attorney: If you are using an IP agent or attorney, you will need to provide a power of attorney.
• How to Proceed:
  • Complete the Trademark Application Form provided by Turkmenpatent.
  • Ensure that the trademark representation is clear and complies with the technical requirements (size, resolution, etc.).
  • Specify the appropriate Nice Classes (classification of goods/services) for your trademark.
• Cost: Legal fees for preparing a trademark application can range from USD 100 to USD 300, depending on whether you use an attorney or agent.

3. Submit the Application to Turkmenpatent

Once the application is prepared, submit it to Turkmenpatent (the State Service for Intellectual Property), which is responsible for processing trademark applications in Turkmenistan.

• How to Proceed:
  • Submit the completed application form along with the required documents (such as applicant’s information, trademark description, and classification details) to Turkmenpatent.
  • Pay the application filing fee. The fee varies depending on the number of classes and whether the trademark is a wordmark, logo, or combination mark.
• Cost: The official filing fee for a trademark application is approximately USD 150 to USD 300 for the first class, with additional fees for extra classes (around USD 50 to USD 100 per additional class).
• Key Contact:
  • State Service for Intellectual Property of Turkmenistan (Turkmenpatent)
    Website: http://www.turkmenpatent.gov.tm

4. Examination of the Trademark Application

After submission, Turkmenpatent will conduct a formal examination to ensure that the application meets all the legal requirements. This is followed by a substantive examination, where Turkmenpatent checks for any conflicts with existing trademarks and assesses whether the trademark is distinctive and registrable.

• How to Proceed:
  • Wait for Turkmenpatent to conduct both the formal and substantive examinations.
  • Be prepared to respond to any queries or objections (if any) raised during the examination process. This may involve providing additional information or modifying the trademark to avoid conflicts.
• Timeline: The examination process can take anywhere from 6 to 12 months, depending on the workload of the trademark office and the complexity of the application.

5. Publication in the Official Bulletin

If your trademark passes the examination stage, Turkmenpatent will publish the application in their Official Bulletin for public opposition. This publication is intended to allow third parties to oppose the registration if they believe the trademark conflicts with their prior rights.

• How to Proceed:
  • Monitor the Official Bulletin for the publication of your trademark.
  • The opposition period is generally 3 months from the date of publication.
  • If no oppositions are filed within this period, the trademark will move to the registration stage.

6. Trademark Registration and Issuance of Certificate

If no oppositions are filed, or if oppositions are resolved in your favor, Turkmenpatent will approve the trademark for registration. Upon registration, you will receive a Certificate of Trademark Registration, granting you exclusive rights to use the trademark in Turkmenistan for the goods or services specified.

• How to Proceed:
  • Pay the registration fee to Turkmenpatent once your trademark is approved.
  • Receive the Certificate of Registration, which is typically valid for 10 years from the date of filing. The registration can be renewed indefinitely in 10-year increments.
• Cost: The registration fee is usually around USD 200 to USD 400, depending on the number of classes.

7. Renewal of the Trademark

A trademark in Turkmenistan is valid for 10 years from the date of filing. To maintain your trademark, you must renew it before the expiration date. The renewal process is straightforward, but it requires a renewal fee.

• How to Proceed:
  • Apply for renewal within 6 months before the expiration of the trademark’s validity.
  • Pay the renewal fee to extend the trademark’s protection for another 10 years.
• Cost: The renewal fee typically ranges from USD 300 to USD 500.

Key Government Contacts for Trademark Registration

1. State Service for Intellectual Property of Turkmenistan (Turkmenpatent)
   Responsible for processing trademark applications, conducting examinations, and granting trademark registrations.
   Website: http://www.turkmenpatent.gov.tm
2. Turkmenistan Ministry of Finance and Economy
   Oversees intellectual property regulations and economic policies.
   Website: http://www.minfin.gov.tm

Resolving commercial disputes in Turkmenistan involves several legal avenues, ranging from negotiation and mediation to arbitration and litigation in courts. The resolution process can vary depending on the nature of the dispute, the parties involved, and the agreed-upon dispute resolution mechanisms in contracts.

Below is a clear step-by-step guide on how to resolve commercial disputes in Turkmenistan, along with information on related costs and key contacts in government or related agencies.

1. Attempt Negotiation and Amicable Settlement

The first step in resolving a commercial dispute in Turkmenistan is usually an attempt to settle the issue amicably through negotiation. Many commercial contracts include clauses requiring parties to make reasonable efforts to resolve disputes before seeking formal legal action.

• How to Proceed:
  • Initiate a direct negotiation with the other party to try to find a mutually acceptable solution.
  • Document all discussions and agreements reached during the negotiation process.
  • In many cases, the parties may agree to a settlement agreement, which can be legally binding if drafted and notarized correctly.
• Cost: No formal costs are associated with negotiation unless legal counsel is involved, in which case attorney fees may apply (typically ranging from USD 100 to USD 500 per hour, depending on the complexity of the case and the attorney’s standing).

2. Engage in Mediation (Optional)

If negotiation fails, parties may choose to engage in mediation. Mediation is a voluntary process where a neutral third-party mediator helps the disputing parties reach a settlement. In Turkmenistan, mediation is not mandatory but can be a useful way to resolve disputes without resorting to the courts.

• How to Proceed:
  • Agree with the other party to appoint a mediator. The mediator may be selected from a list provided by legal or business associations, or agreed upon by both parties.
  • The mediator facilitates discussions between the parties to reach a compromise or settlement.
  • If mediation is successful, a mediation agreement is drafted and signed by both parties, which can be legally enforceable.
• Cost: Mediation fees vary depending on the mediator’s experience and the complexity of the case. Fees typically range from USD 500 to USD 2,000 for a session, with costs shared between the parties.

3. Seek Arbitration

For many commercial disputes in Turkmenistan, especially those involving foreign parties, arbitration is a preferred method of dispute resolution. Arbitration is typically faster than court litigation and allows for confidentiality. The International Commercial Arbitration Court at the Chamber of Commerce and Industry of Turkmenistan is a recognized arbitration body.

• How to Proceed:
  • Review the contract to check if there is an arbitration clause. Most commercial contracts specify arbitration as the dispute resolution method and may indicate the arbitration body and rules to follow.
  • File a request for arbitration with the International Commercial Arbitration Court or any other agreed-upon arbitration institution.
  • The arbitration process involves submitting written statements, presenting evidence, and attending hearings. The arbitrator(s) will issue a binding decision (an arbitral award).
• Cost: Arbitration fees are generally higher than court fees but vary based on the value of the claim. The Chamber of Commerce and Industry of Turkmenistan typically charges:
  • Filing fee: USD 500 to USD 1,000
  • Arbitrator fees: Percentage of the claim amount, typically ranging from 1% to 5% of the claim’s value.
• Key Contact:
  • International Commercial Arbitration Court at the Chamber of Commerce and Industry of Turkmenistan
    Website: http://www.cci.gov.tm

4. File a Case in the Economic Court

If negotiations, mediation, or arbitration are unsuccessful, the next step is to pursue litigation in the Economic Court of Turkmenistan, which handles commercial disputes. This is the formal judicial process where a judge hears the case and issues a binding judgment.

• How to Proceed:
  • Submit a statement of claim detailing the nature of the dispute, the parties involved, and the relief sought. The claim must be filed with supporting documents, including contracts, proof of breach, and other relevant evidence.
  • The court will schedule a hearing where both parties present their arguments.
  • The Economic Court will issue a ruling, which can be appealed to higher courts if necessary.
• Cost: Court fees vary depending on the value of the claim. Typical costs include:
  • Filing Fee: 1% to 5% of the claim amount, with a minimum fee of USD 100.
  • Legal Representation Fees: Attorney fees can range from USD 1,000 to USD 10,000, depending on the complexity of the case and the attorney’s experience.
• Key Contact:
  • Economic Court of Turkmenistan
    Website: Not available online. Information can be obtained from the Ministry of Justice: http://www.minjust.gov.tm

5. Appeal the Court’s Decision (If Necessary)

If one party is dissatisfied with the decision of the Economic Court, they have the right to appeal to a higher court. The appeals process in Turkmenistan is available for both factual and legal errors made by the lower court.

• How to Proceed:
  • File an appeal with the Appellate Division of the Supreme Court of Turkmenistan within the time frame specified by law (usually 30 days from the date of the decision).
  • The appellate court will review the evidence, hear arguments, and issue a final ruling.
• Cost:
  • Appeal Filing Fee: Typically set at 1% to 3% of the claim amount or a fixed fee for smaller claims.
  • Attorney Fees: Additional legal fees may apply, potentially ranging from USD 2,000 to USD 10,000, depending on the complexity of the appeal.

6. Enforce the Judgment or Arbitral Award

If you win the case, either through arbitration or court litigation, the next step is to enforce the judgment or arbitral award. Enforcement in Turkmenistan can be carried out through the Bailiff Service under the Ministry of Justice, or through other legal means.

• How to Proceed:
  • Obtain the enforcement order from the court or arbitration tribunal.
  • Submit the order to the Bailiff Service for enforcement, which may involve seizing assets, garnishing wages, or other legal means to recover the awarded amount.
  • If the losing party fails to comply with the judgment, further legal actions can be pursued.
• Cost: A fee for enforcement services may be charged by the bailiff, often a percentage of the amount to be recovered (typically 1% to 3% of the award).
• Key Contact:
  • Bailiff Service of Turkmenistan (under the Ministry of Justice)
    Website: http://www.minjust.gov.tm

7. Alternative Dispute Resolution (ADR) via Trade Associations

In some cases, commercial disputes can be resolved through trade associations or chambers of commerce that offer their own dispute resolution mechanisms, including mediation and arbitration. For example, the Chamber of Commerce and Industry of Turkmenistan offers mediation services and can act as a facilitator for resolving commercial disputes.

• How to Proceed:
  • Contact your relevant trade association or the Chamber of Commerce to inquire about their ADR services.
  • Depending on the nature of your business and the dispute, the chamber may provide mediation or arbitration services tailored to your industry.
• Cost: Fees for these services vary but are generally lower than formal arbitration or court proceedings.
• Key Contact:
  • Chamber of Commerce and Industry of Turkmenistan
    Website: http://www.cci.gov.tm

Key Government Contacts for Commercial Dispute Resolution

1. International Commercial Arbitration Court at the Chamber of Commerce and Industry of Turkmenistan
   Website: http://www.cci.gov.tm
2. Economic Court of Turkmenistan
   Information available through the Ministry of Justice:
   Website: http://www.minjust.gov.tm
3. Bailiff Service of Turkmenistan (under the Ministry of Justice)
   Handles the enforcement of judgments and arbitral awards.
   Website: http://www.minjust.gov.tm
4. Chamber of Commerce and Industry of Turkmenistan
   Website: http://www.cci.gov.tm

When considering doing business in Turkmenistan, it is important to understand the country’s social, cultural, political, economic, and legal environment. These factors play a significant role in shaping the business landscape and can impact everything from market entry to day-to-day operations. Below is an overview of these key factors.

1. Social and Cultural Factors

Turkmenistan is a country with a rich history and a unique culture influenced by its location along the historic Silk Road and its Turkic and Islamic heritage. Understanding the local customs, language, and social structure is essential for building successful business relationships.

• Cultural Sensitivities:
  Turkmenistan is a predominantly Muslim country, and although the government is secular, Islamic values influence social norms. Business meetings and interactions should respect local customs, such as modest dress and respectful behavior, particularly in public settings.
• Language:
  The official language is Turkmen, although Russian is widely spoken, especially in business circles. While many government documents and regulations are in Turkmen, doing business with local partners may require a working knowledge of Russian or hiring local translators.
• Business Etiquette:
  Personal relationships and trust are key to doing business in Turkmenistan. Building long-term relationships is often prioritized over immediate business results. Formal introductions, politeness, and hospitality are important in business settings. Gifts are often exchanged as a gesture of respect, but should be modest to avoid any perception of impropriety.
• Workforce:
  Turkmenistan has a young and growing workforce. However, there may be skills gaps in certain technical sectors, so investing in employee training may be necessary. The government encourages the hiring of local workers and provides incentives for companies that contribute to the development of the local workforce.

2. Political Factors

• Authoritarian Government:
  Turkmenistan is an authoritarian state with a centralized political system. The president holds significant power, and the government exerts strong control over the economy, media, and public life. While the political climate is stable, changes in leadership or policy could have broad impacts on business operations.
• State Control of Key Sectors:
  The government maintains strict control over major industries, particularly energy (oil and gas), telecommunications, and agriculture. Foreign investors may find restrictions in these areas and may be required to partner with state-owned enterprises for large-scale projects.
• Bureaucracy and Corruption:
  The bureaucratic system can be slow and complex, with significant red tape for foreign companies. Additionally, corruption can be an issue, particularly when dealing with government officials or obtaining licenses and permits. Transparency International ranks Turkmenistan as one of the most corrupt countries in the world, so businesses must exercise caution in navigating local regulations.

3. Economic Factors

• Natural Resources:
  Turkmenistan’s economy is heavily reliant on its vast reserves of natural gas and oil, which provide the bulk of government revenue and exports. The hydrocarbon sector dominates the economy, but the government has been trying to diversify into agriculture, textiles, and construction.
• State-Directed Economy:
  Turkmenistan’s economy is largely state-directed with significant government intervention. Many industries are dominated by state-owned enterprises, and foreign companies may face challenges in entering certain sectors without government approval.
• Foreign Direct Investment (FDI):
  While the government encourages foreign direct investment in select sectors, strict regulations and control over key industries can be barriers to entry. The Foreign Investment Law provides some protections for foreign investors, but there are concerns over property rights, repatriation of profits, and contract enforcement.
• Currency and Foreign Exchange:
  The national currency is the Turkmenistan manat (TMT). The government controls the exchange rate, and there are strict rules on foreign exchange, including limitations on converting and repatriating foreign currency. This can pose challenges for businesses that need to import goods or repatriate profits to their home countries. Exchange rate fluctuations and currency controls can also impact operations, especially for companies that deal in foreign currencies.Additionally, access to foreign exchange can be limited, and businesses may experience delays in obtaining the necessary currency to pay for imported goods or services.

4. Legal Environment and Rule of Law

• Legal System:
  Turkmenistan’s legal system is based on civil law principles, and the country has a legal framework that covers aspects such as company law, property law, contract law, and taxation. However, the judiciary is not fully independent, and the enforcement of laws can be inconsistent. Foreign businesses may face challenges in navigating the legal system, particularly when it comes to enforcing contracts or resolving disputes with local entities.
• Commercial Law:
  Foreign companies operating in Turkmenistan are subject to the Law on Foreign Investments, which governs matters related to establishing businesses, capital investments, and profit repatriation. The law provides some protection against expropriation and guarantees equal treatment for foreign investors, but in practice, there can be significant administrative hurdles.
• Intellectual Property:
  Intellectual property rights (IPR) are protected under Turkmenistan law, but enforcement can be inconsistent. Businesses should take steps to register their trademarks, patents, and copyrights with the State Service for Intellectual Property (Turkmenpatent) to protect their brands and products. However, businesses should be aware that piracy and counterfeit goods can be an issue, particularly in the retail sector.
• Dispute Resolution:
  Commercial disputes can be resolved through the Economic Court of Turkmenistan or international arbitration, particularly for foreign investors. However, the legal process can be slow, and local courts may not always be impartial, especially in cases involving the state or influential local parties. Many foreign investors prefer to include arbitration clauses in contracts to avoid local court litigation.For more information on dispute resolution, refer to the Turkmenistan Ministry of Justice: http://www.minjust.gov.tm

5. Foreign Exchange and Currency Controls

• Currency Exchange Regulations:
  Turkmenistan has strict foreign exchange controls. The Central Bank of Turkmenistan manages the official exchange rate of the manat against foreign currencies. Businesses may face restrictions on converting local currency into foreign currency, and approvals are often required for repatriating profits abroad. The black market exchange rate can deviate significantly from the official rate, though using unofficial channels is illegal.
• Repatriation of Profits:
  Foreign companies operating in Turkmenistan may face restrictions when attempting to repatriate profits. Regulations often require approval from the Central Bank of Turkmenistan for such transfers, and delays can occur. Businesses are advised to structure their operations and contracts carefully to account for potential challenges in currency conversion and profit remittance.

6. Infrastructure and Logistics

• Transport and Logistics:
  Turkmenistan has a developing infrastructure network. The country is strategically located at the crossroads of Europe and Asia, which makes it a potential hub for regional trade. Key infrastructure includes railways, highways, ports, and airports. The government has invested in upgrading transport infrastructure, particularly in the Turkmenbashi International Seaport, to facilitate trade. However, the country’s landlocked nature means it relies heavily on neighboring countries for access to international markets.
• Telecommunications and Internet:
  Telecommunication infrastructure is controlled by state-owned enterprises, and access to the internet is highly restricted. Internet speeds are slow, and access to many international websites and social media platforms is blocked. Businesses may face challenges with digital communication and online operations due to these restrictions.
• Energy and Utilities:
  Turkmenistan is rich in natural gas, and energy costs for businesses are relatively low. However, the supply of electricity and other utilities can be inconsistent in some areas, especially outside major cities. Companies should factor in potential interruptions when planning operations.

7. Taxation and Incentives

• Corporate Tax:
  The corporate tax rate in Turkmenistan is 8%, which is relatively low compared to global standards. However, businesses operating in certain sectors, such as oil and gas, may face additional taxes or royalties. The tax system can be complex, and it is important to ensure compliance with all local tax laws to avoid penalties.
• Value Added Tax (VAT):
  The standard VAT rate is 15%. Certain goods and services, such as exports, may be exempt from VAT, while some items may be subject to reduced rates. Businesses must register for VAT and ensure proper filing of VAT returns to avoid fines.
• Incentives for Investors:
  The government of Turkmenistan offers tax holidays and other incentives to encourage foreign investment, particularly in sectors such as agriculture, textiles, construction, and tourism. These incentives may include reduced taxes, customs duty exemptions, and access to special economic zones. However, businesses should carefully review the specific requirements and conditions for qualifying for these incentives.For more information, visit the Ministry of Finance and Economy: http://www.minfin.gov.tm

8. Foreign Relations and Trade Agreements

• Foreign Relations:
  Turkmenistan follows a policy of neutrality, which has kept it largely uninvolved in regional conflicts. Its neutrality policy means it avoids military alliances and maintains diplomatic relations with most countries. However, it also limits the extent to which the country engages in international organizations, trade blocs, and multilateral agreements.
• Trade Agreements:
  Turkmenistan is not a member of the World Trade Organization (WTO), and its trade policy is relatively protectionist. However, the government has bilateral trade agreements with several countries and is a member of the Commonwealth of Independent States (CIS). Businesses may find that Turkmenistan’s trade agreements with neighboring countries offer opportunities for regional market access.

9. Environmental Regulations

• Environmental Protection:
  Turkmenistan has a framework of environmental laws designed to protect its natural resources, including regulations on air pollution, water usage, and waste management. Businesses, particularly those in the manufacturing and energy sectors, must comply with these regulations and may need to undergo environmental impact assessments (EIA) for certain projects.
• Sustainability Initiatives:
  The government is increasingly promoting sustainable development, particularly in the areas of water conservation and renewable energy. Businesses involved in agriculture, construction, or energy should consider integrating sustainability practices into their operations to align with government priorities.

Key Government Contacts

1. Ministry of Finance and Economy of Turkmenistan
   Oversees economic policy, taxation, and investment regulations.
   Website: http://www.minfin.gov.tm
2. Ministry of Justice of Turkmenistan
   Handles legal affairs, including dispute resolution and contract law.
   Website: http://www.minjust.gov.tm
3. State Service for Intellectual Property (Turkmenpatent)
   Responsible for intellectual property rights (IPR) protection and trademark registration.
   Website: http://www.turkmenpatent.gov.tm
4. Chamber of Commerce and Industry of Turkmenistan
   Provides support to businesses and promotes trade and investment.
   Website: http://www.cci.gov.tm
5. Central Bank of Turkmenistan
   Manages monetary policy, currency exchange, and foreign exchange regulations.
   Website: http://www.cbt.gov.tm (not always accessible)