Data-center law in Turkmenistan

Law No. 263-V of 18 August 2015, on Urban Planning, Arts. 1, 30-31

Applies to both

Article 30 provides that construction rules set the procedure for carrying out urban-planning activity in a given territory and are developed on the basis of the territorial planning scheme and the general plan of the populated area; a permit issued for an object's construction before those rules take effect continues to run for its stated term, subject to public-safety conditions.

Article 31 governs the division of a territory into zones, aimed at securing a favourable living and social environment, protecting areas exposed to natural and ecological emergency risk, and avoiding excessive concentration of population and production. No primary source located states a day-precise commencement date beyond the Law's own closing article's entry into force upon official publication.

Source: Full text of law

Law of Turkmenistan of 16 August 2014, on Electric Energy, Arts. 6, 21

Applies to both

Article 6 lists ensuring equal consumer access to territorial electric networks, attracting investment in the reconstruction, modernisation, and development of generating capacity and electric networks, and licensing electricity-sector activity among the state's directions for regulating the sector.

Article 21(2) bars an energy-supplying enterprise from refusing to connect a consumer to the electric or heat networks, provided the consumer meets the requirements set by Turkmenistan's legislation, which is the closest the text comes to a grid-interconnection right for a large consumer such as a data centre.

No number was found for this Law in the text read; no primary source located states a day-precise commencement date beyond its own closing article's entry into force upon official publication.

Source: Full text of law

Law No. 337-VI of 13 March 2021, on Renewable Energy Sources

Applies to both

Article 1(21) defines an independent (local) electric, heat, or gas network as a set of technical means for independently transporting or distributing energy, owned or operated by a renewable-energy producer, without connection to the state energy system, which is the closest the corpus finds to a self-generation regime for a large consumer. The Law's stated policy directions include stimulating decentralisation and self-generation of electric and thermal energy.

A producer using a local network is entitled to guaranteed connection of its energy-producing installations to Turkmenistan's electric power system on obtaining the authorized body's permission, and to guaranteed purchase of all electricity it supplies to that system at set tariffs.

Incentive measures under the Law include preferential bank credit and state subsidies for purchasing installations, guaranteed connection of electricity-producing installations to the state system, and guaranteed purchase at stimulating tariffs. No primary source located states a day-precise commencement date beyond the Law's own closing article's entry into force upon official publication.

Source: Full text of law

Law No. 263-V of 18 August 2015, on Urban Planning, Art. 44

Applies to both

Article 44 defines a construction permit as the document confirming the right of an owner or holder of a land plot to carry out construction, and provides that, other than for a private residential building, the permit is issued by the local body of executive authority after registration by the authorized body.

Article 45 provides that a special permit, issued in accordance with Turkmenistan's legislation, is required for construction of facilities constituting a state secret and for urban-planning objects subject to special state regulation. No primary source located states a day-precise commencement date beyond the Law's own closing article's entry into force upon official publication.

Source: Full text of law

Law No. 184-III of 3 March 2008, on Foreign Investments (new redaction), Arts. 9-11

Applies to private

Article 9 exempts property imported into Turkmenistan from customs duty where it is contributed as a foreign investor's share to the charter fund of an enterprise with foreign investment, or to the fixed assets of a foreign legal entity's branch, and Article 10 defers taxation and any tax incentive for foreign investors and enterprises with foreign investment to the Tax Code.

Article 11 lets an enterprise with foreign investment or a foreign legal entity's branch export its own products and import goods for its own needs without a licence, among other stimulus measures. Article 12 registers the enterprise's protections, guarantees, and incentives as running from the date its investment project or the enterprise itself is registered.

The Law's own Article 30 repealed the prior 19 May 1992 Law on Foreign Investments on the date this Law entered into force, and no primary source located states a day-precise commencement date beyond that Article's own entry into force upon official publication.

Source: Full text of law

Law No. 698-XII of 19 May 1992, on Investment Activity in Turkmenistan (amended up to Law No. 274-V of 18 August 2015), Arts. 10-11

Applies to both

Article 10 directs state regulation of investment activity to provide preferential conditions to any investor operating in directions the state treats as priority, with the list of priority sectors approved and periodically revised by the Cabinet of Ministers, differentiated by region; the Article does not itself name information technology or data infrastructure as a priority sector.

Article 11 lists the forms that preferential treatment takes: a system of tax incentives under tax legislation, accelerated-depreciation policy (which may be set differently by sector, economic activity, or equipment type), and financial assistance in the form of grants, subsidies, budget loans for regional or sectoral development, and credit policy measures.

No primary source located states a day-precise commencement date for this Law beyond its own closing provision's entry into force upon publication in print.

Source: Full text of law