Public Unions Coalition for Improving Transparency in Extractive Industries signifies its deep anxiety connected with situations as evading from legislative in budget process on ARSOF (Azerbaijan Republic State Oil Fund). So, budget process of ARSOF had been affirmed by 12 September 2001 dated decree of President of Azerbaijan Republic, and is put in order with “Regulations of composition and execution of yearly incomes and expenses program (budget) of ARSOF”. According to those Regulations, ARSOF’s yearly budget has to be represented to Observation Council till 5th September each year (4.1 item), and has to be sent for looking into to the President combined with project of state budget (4.3 item). Dead-line of affirmation of ARSOF’s budget by President is determined in Rules as 31st December (4.4 item). Affirmed budget immediately has to be published on Press (4.6 item).

But in last years some situations are met as disorders connected with times that are determined in Regulations of composition and execution of budget of ARSOF. Thus, in spite of Fund’s budget for 2007 was affirmed by President on 26 December 2006, but contrary to appropriate decree legislation this decision was not published on Press. Data about decree and budget had been placed on web page of Oil Fund (www.oilfund.az) on 8 January 2007, and was published on official Press only on 31^st January 2007 (“Azerbaijan” and “Khalg Gazeti” newspapers 31 January 2007).

The main point of anxiety is affirmation by President of budget of ARSOF on incomes and expenses on 2009 is delayed. So, today is already February of 2009. It is clear from given information from ARSOF that, Fund’s budget for 2009 is prepared and represented to Observation Council. But Observation Council does not do any explanation about representation of budget for affirmation to President. This is factually disordering of 1.2, 3.3.3, 4.1, 4.3, 4.4, 4.6 items of “Regulations of composition and execution of yearly incomes and expenses program (budget) of ARSOF”.

According to the legislation in case of not affirming yearly budget, means of ARSOF can be used only in management of Fund (4.5 item). According to the 1.4 item of the Document “Oil Fund’s realizing any expenses out of budget of Oil Fund by means of Oil Fund is strictly forbidden”. So, it is clear that, exception management expenditures from ARSOF, financing of any project, also holding any transfers to state budget is impossible in present. It is state budget’s depriving from main revenue source at the beginning of the finance year- in time when collection of taxes and customs is low. Public Unions’ Coalition for Improving Transparency in Extractive Industries considering all mentioned above, and noting that not obeying procedures of composition and affirmation of budget of ARSOF is impossible, evaluates this as not providing transparency in usage revenues got from production industry of Azerbaijan. At the same time we notify that, strategic important organ’s -where country’s oil revenues are collected- not legally management, and assembling the right of giving order on it in one hand is result of not existing possibility of public oversight on Fund.

This statement printed in the following sources:

• http://presspost.az/index.php?type=xebergoster&id=10594
• http://www.musavat.com/site/?name=content&mid=6#
• http://mediaforum.az/articles.php?lang=az&page=00&article_id=20090209055117398
• http://deyerler.org/22997-neft-fondunun-bgdczhsd-ndyzh-tzhsddqlzhnmdr.html

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Last correction date of the file: 26/12/2009 - 14:59:28