Data-center law in Mongolia

Law of Mongolia on Energy, Arts. 1, 13-14, 20, 26, 38 (February 1, 2001, effective April 15, 2001, as amended July 4, 2002)

Effective 2001-04-15 · Applies to both

Art. 1.1 regulates energy generation, transmission, distribution, dispatching and supply activities, and the construction of energy facilities. Art. 13.1 requires a license to generate electricity and heat and to connect a power plant to the transmission or distribution network. Art. 13.2.1 exempts generation solely for own use from the Regulatory Authority's review of prices and conditions of sale, and Art. 13.2.2 does the same for generation for export without connecting to the main network.

Art. 14 and Art. 16 separately license transmission and distribution, and Art. 26.1 requires a separate tariff for each licensed activity. Art. 20.1 lets a financially capable legal entity apply for a license to construct an energy facility, conditioned by Art. 20.3 on an environmental assessment without naming the statute governing it.

A subsequent international legal database's catalogue entry for this 2001 text is flagged as repealed, while its own July 4, 2002 amending Act to the same Law is catalogued there as not repealed and is, on its own terms, a narrow textual correction rather than a replacement; no consolidated or superseding Energy Law text has been located.

Source: Full text of law

Law of Mongolia on Renewable Energy, Arts. 1, 3, 6-7 (January 11, 2007, as amended through 2015)

Applies to both

Art. 3.1 applies the Law to a legal entity that produces and supplies electricity or heat within Mongolia using a renewable energy source. Art. 3.2, read in full, excludes a consumer's use of a renewable-energy source to meet its own needs from the Law's regulation entirely, unless another law provides otherwise, so a data-center operator installing its own solar, wind, or geothermal generation for on-site consumption falls outside this Law's own scope on the text read.

Art. 6.1 requires a legal entity building a renewable-energy generation facility to hold the construction license the Energy Law's Art. 20 establishes, and Art. 7.1 requires the same entity to hold the Energy Law's Art. 13.1 generation license before producing renewable electricity or heat. No commencement-day article distinct from the Law's own adoption date was found in the text read.

Source: Full text of law

Law of Mongolia on Investment, Arts. 4, 9-19, 23-24 (October 3, 2013)

Effective 2013-11-01 · Applies to private

Art. 4.1 applies the Law to investments made by foreign and domestic investors in Mongolia, and Art. 4.2 lets an investor invest freely into any sector or production or service except where legislation prohibits or restricts it. Arts. 13-19 let a qualifying investor apply for a stabilization certificate that fixes the rate of specified taxes, fees, and duties for a term set by Art. 16.2's tables.

Art. 16.2.1 gives a longer term to the mining extraction, heavy industry and infrastructure sector than Art. 16.2.2 gives to other sectors, both scaled to the total investment amount in the business plan and feasibility study. Art. 12.1 separately lists non-tax support available to an investor, including up to 60 years of land lease (extendable once for up to 40 more), eased registration in a technological park, and support for infrastructure, science, and education creation projects.

Art. 17.2.4 requires a general environmental impact assessment as part of a stabilization-certificate application. Art. 23.1 fixes administrative penalties, tied to multiples of the minimum salary or wage level rather than a fixed currency sum, for obtaining a stabilization certificate on illegal documents or for an official who illegally refuses, issues, or invalidates one.

Source: Full text of law