Charter
Regulations of the Mine Action Agency of the Republic of Azerbaijan
02 February 2021, 18:48Approved by the Decree of the President of the Republic of Azerbaijan dated February 2, 2021
1. General Provisions
1.1. The Mine Action Agency of the Republic of Azerbaijan (hereinafter - the Agency) is a public legal entity operating in the field of their temporary storage, transportation, neutralization, as well as organization, planning, coordination and management of other necessary works, responsible for clearance of mines, unexploded ordnance, devices containing explosives and other explosive remnants, except chemical weapons (hereinafter - mines and military ammunition) in the liberated territories, and other territories the Republic of Azerbaijan affected by war and military operations.
1.2. The Agency will adhere to the Constitution, the laws of the Republic of Azerbaijan, this Regulation, and other normative and legal acts as well as other orders and decrees of the President of the Republic of Azerbaijan, decisions and orders of its Cabinet, and other legal and normative acts governing its activities.
1.3. The Agency will liaise and interact with state and local self-government bodies, international and non-governmental organizations, and other legal and natural persons while performing its duties and exercising its rights.
1.4. The Agency will be engaged in activities of national and public importance. The Agency may engage in entrepreneurial activities to achieve the objectives set forth in this Regulations.
1.5. The Agency will have an independent balance sheet, property, treasury and bank accounts, corporate seal with its name, appropriate stamps and forms, logo and other distinguishing marks.
1.6. The Agency will have the right, as well as duties to conclude contracts, acquire and exercise property and non-property rights on its own behalf and may act as a plaintiff or defendant before a court of law.
1.7. The official name of the Agency will be as follows:
1.7.1. full name in Azerbaijani - Azərbaycan Respublikasının Minatəmizləmə Agentliyi; abbreviated name in Azerbaijani - ANAMA;
1.7.2. full name in English– Mine Action Agency of the Republic of Azerbaijan; abbreviated name in English – ANAMA.
1.8. The Agency will be located in Baku, Azerbaijan.
2. Activities
2.1. The Agency will be responsible for the following activities:
2.1.1. Ensure the development of the relevant field;
2.1.2. Participate in the formulation and implementation of State Policy in the relevant field;
2.1.3. Cooperate with relevant state bodies and institutions in the relevant field, to participate in the development and implementation of proposals;
2.1.4. Organize analysis and forecasting work in the relevant field;
2.1.5. Carry out the clearing of mines and unexploded ordnance (except for chemical weapons) of the liberated territories of the Republic of Azerbaijan, the territories affected by war and military operations;
2.1.6. Carry out planning, coordination and management of activities in the relevant field.
3. Rights and Obligations
3.1. In accordance with the activities defined by this Regulations, the tasks of The Agency will be as follows:
3.1.1. Participate in the preparation and implementation of normative legal acts, development concepts and targeted programs in the relevant field;
3.1.2. Ensure the fulfillment of obligations undertaken by the Republic of Azerbaijan on issues regulated by the international agreements of the Republic of Azerbaijan and related to the competence of The Agency;
3.1.3. Coordinate the activities of state bodies and institutions, local self-government bodies, legal and natural persons in the relevant field;
3.1.4. Ensure the clearance of mines and unexploded ordnance (except for chemical weapons) of the liberated territories of the Republic of Azerbaijan, the territories affected by war and military operations, as well as their temporary storage, transportation and neutralization;
3.1.5. Create an electronic database in the relevant field;
3.1.6. Mark the areas affected by mines and unexploded ordnance, draw up maps of such areas, as well as areas cleared of mines and explosive ordnance, and enter them into the electronic database;
3.1.7. Provide analysis and research in the relevant field, to carry out forecasting;
3.1.8. Organize search operations in areas likely to be affected by mines and unexploded ordnance;
3.1.9. Take measures to minimize the risk of the population being injured by mines and unexploded ordnance;
3.1.10. Ensure the temporary storage, transportation and neutralization of mines and military ammunition (except chemical weapons) discovered on the territory of the Republic of Azerbaijan based on the request of the relevant state bodies and institutions;
3.1.11. Organize the clearance of mines and military ammunition (except for chemical weapons) of military units, facilities and landfills, as well as their surroundings, where the former Soviet Army is located in the territory of the Republic of Azerbaijan;
3.1.12. Participate in the elimination of the consequences of explosions at military facilities, to ensure the cleaning of the areas where they are located from the remnants of exploded military ammunition, the temporary storage, transportation and neutralization of unexploded military ammunition (except for chemical weapons) together with the relevant state bodies and institutions;
3.1.13. Monitor demining activities, to control the implementation of this activity in accordance with international humanitarian demining standards and safely;
3.1.14. Hand over the areas cleared of mines and unexploded ordnance to the relevant state bodies and institutions along with documents on the quality completion of demining work;
3.1.15. Involve individuals and legal entities on the basis of a contract in the demining activities carried out in the territory of the Republic of Azerbaijan, to accredit them if provided for by law;
3.1.16. Where The Agency, as well as the relevant state bodies and institutions involve the persons in the demining activity provided for in subsection 3.1.15 of this Regulations, take over the areas cleared of mines and unexploded ordnance from such involved persons along with the relevant documents on the quality completion of the demining work;
3.1.17. Take appropriate measures regarding the rehabilitation and reintegration of injured employees;
3.1.18. Take measures to educate the population in the relevant field;
3.1.19. Organize the training of specialists for the implementation of demining activities;
3.1.20. Organize electronic services in the areas of activity in accordance with Decree No. 263 of the President of the Republic of Azerbaijan dated September 12, 2018 on the approval of "Rules for the formation, management, integration and archiving of state information resources and systems" and some measures related to electronic government;
3.1.21. Consider the applications received in connection with the activity of The Agency in accordance with the laws of the Republic of Azerbaijan "On Citizens' Applications", "On Administrative Proceedings" and "On Obtaining Information" and to take measures in accordance with the law;
3.1.22. Organize the administration and the reception of citizens in accordance with the requirements of the relevant normative legal acts, take measures for the further education and development of the professionalism of the Agency's employees;
3.1.23. Ensure public awareness of the Agency's activities through creation of a website, placement, and continuous updating of information on it in accordance with the law on “Obtaining Information” in the Republic of Azerbaijan;
3.1.24. Ensure efficient use of state budget funds, loans, grants and other financial funds allocated to the Agency;
3.1.25. Take measures to protect highly classified information, including state secret, commercial secrets and confidentiality;
3.1.26. Organize the information provision of the Agency and ensure its security;
3.1.27. Take relevant measures within their authorities to improve the organizational structure and activities of the Agency;
3.1.28. Ensure the application of scientific and technical achievements in the relevant field, taking into account best international practises;
3.1.29. Make suggestions regarding the preparation of professional specialists in the relevant field and the preparation of awareness programs and ensure their implementation;
3.1.30. Perform other duties as specified by this Regulations.
3.2. Perform its duties and obligations, The Agency will have the following rights:
3.2.1. Make a relevant proposal on the acceptance of the draft of the normative legal act in the relevant field, changes in the act, interpretation of the act, suspension or cancellation of its validity;
3.2.2. Make suggestions about the support of the Republic of Azerbaijan to international agreements in the relevant field;
3.2.3. Cooperate with international organizations, relevant state bodies and institutions of foreign countries, study the relevant experience of foreign countries in order to investigate the possibilities of applying international experience;
3.2.4. Conduct research on issues related to its activities, create working groups and commissions;
3.2.5. Request necessary information/documents from state bodies and institutions, local self-government bodies, legal and natural persons, and receive such information/documents;
3.2.6. Give feedbacks and suggestions on the areas of activity, conduct benchmarks and compilations, prepare analytical materials;
3.2.7. Involve independent experts and specialists in its activities;
3.2.8. Hold conferences, meetings, seminars and organize other events related to issues related to the directions of activity;
3.2.9. Provide paid or free training under a contract within the framework of international and local cooperation;
3.2.10. Participate in the implementation of demining activities outside the borders of the Republic of Azerbaijan with the approval of the President of the Republic of Azerbaijan;
3.2.11. Organize international trainings, training camps and other events in order to increase the professional competence of their employees;
3.2.12. Present employees to state awards and other awards, and take measures to motivate them;
3.2.13. Create or participate in business entities;
3.2.14. Issue special newsletters and other publications;
3.2.15. Exercise other rights established by this Regulations.
4. Management
4.1. The Agency will apply advanced corporate management standards in its activities and governance.
4.2. The Management Board will act as a governing body of the Agency.
4.3. The Management Board will carry out management and control of the Agency. The composition of the Management Board will consist of 4 (four) members: Chairman of the Management Board (appointed and dismissed by the President of the Republic of Azerbaijan), First Deputy Chairman, and 2 (two) deputies.
4.4. If Chairman of the Management Board is temporarily absent, his powers will be exercised by First Deputy Chairman; and where the First Deputy Chairman is temporarily absent, one of his deputies appointed by the Chairman of the Management Board will be in charge of the day-to-day activities.
4.5. Management Board will be responsible for the following:
4.5.1. Make proposals and submit documents (including the Agency's financial report and annual report on its activities) to the President of the Republic of Azerbaijan in order to implement their powers as the Founder;
4.5.2 Determine the development directions, strategic goals and plans of the Agency;
4.5.3. Control the activities of the Agency;
4.5.4. Approve the structure of the Agency, payroll, staffing level and the amount of their salaries (fixed official salaries, additions to the salaries, bonuses and other payments), including determining the system of incentives paid to employees at the expense of funds obtained by the Agency (except for funds allocated from the state budget and other state-owned funds);
4.5.5. Make decisions on the establishment of business entities of the Agency or participation in them, as well as on the establishment of offices, branches and representative offices of the Agency subject to the approval of the President of the Republic of Azerbaijan;
4.5.6. Approve the Agency's financial plans and budget;
4.5.7. Approve the internal rules of the Agency's activity (including the rules for excluding conflicts of interest), as well as the regulations of departments, branches and representative offices, and the regulations of business entities;
4.5.8. Listen to the annual report on the activities of the Agency;
4.5.9. Appoint the external auditor of the Agency and accept the audit report;
4.5.10. Take measures regarding the results of external auditor's inspections, as well as other inspections;
4.5.11. Control the activity of the internal audit department of The Agency and receive reports on its activity, as well as to appoint and dismiss its members;
4.5.12. Make a decision on the conclusion of the contract (special important contract) in the amount of more than 25 (twenty-five) percent of the value of the net assets of The Agency and the contract related to the assets of The Agency with the relevant person;
4.5.13. make a decision on the transfer of profits to the state budget with the consent of the President of the Republic of Azerbaijan;
4.5.14. organize the activities of the Agency;
4.5.15. control the implementation of The Agency's strategic goals and plans, as well as its budget;
4.5.16. ensure efficient use of the funds provided for in subsection 3.1.24 of this Regulations;
4.5.17. review and make decisions on the applications of the members of the Management Board;
4.5.18. take measures to address the issues provided for in subsections 3.1.1 and 3.2.1 of this Regulations;
4.5.19. decide on all other matters not related to the authority of the Chairman of the Management Board.
4.6. Board meetings are convened no less than twice a month. A member of the Management Board speaks at the initiative of holding the meetings of the Management Board. Meetings of the Management Board will be authorized when more than half of the members are present. At the meeting of the Management Board, decisions are taken by simple majority, with one vote for each member. Abstentions are not allowed during voting. In case of a tie, the vote of the Chairman of the Board (or another member replacing him) will be decisive.
4.7. The members of the Management Board will be informed in writing about the place and time of the meeting, as well as the issues included in the agenda, at least 3 (three) working days before the meeting, with necessary documents attached.
4.8. When an issue affecting the interests of any member of the Management Board is included in the agenda of the meeting, that member shall provide detailed information about his interests, and shall not participate in the discussion of this issue and voting on that issue.
4.9. Decisions cannot be made on issues that are not included in the agenda or the required relevant documents have not been submitted before the meeting, unless all participating members agree.
4.10. Chairman of the Board shall:
4.10.1. lead the current activities and represent the Agency;
4.10.2. organize the activities of the Management Board, determine the agenda of its meetings and preside over its meetings;
4.10.3. convene the meetings of the Management Board on his own initiative or on the initiative of another member of the Management Board;
4.10.4. invite other persons to participate in the meeting of the Management Board on his own initiative, as well as at the request of any other member of the Management Board;
4.10.5. issue internal regulations and orders whose implementation is mandatory in connection with the organization of The Agency's activities;
4.10.6. organize, check and supervise the implementation of the adopted acts on the activities of the Agency;
4.10.7. cancel the decisions of the officials of The Agency that are contrary to the law;
4.10.8. approve the structure, staffing and cost estimates of the Administration of the Agency and other structural units within the established structure, labor compensation fund and number of employees;
4.10.9. organize the payment of official salaries, supplements to official salaries, bonuses and other payments of The Agency's employees within the framework of the labor payment fund;
4.10.10. unless otherwise specified by this Regulations, make decisions on appointing and dismissing employees of the Agency, including its departments, branches and representative offices, as well as other subordinate bodies (where business entities, only managers), by taking incentives and disciplinary measures against them;
4.10.11. control the use of the Agency's property in accordance with the purposes provided for in this Regulations;
4.10.12. conduct operations on behalf of the Agency within the scope of powers established by this Regulations, concludes contracts and ensures their fulfillment;
4.10.13. create advisory committees and working groups related to the activities of The Agency;
4.10.14. take necessary measures for the protection of state secrets and confidentiality, as well as other information as defined by law, within the activity areas of the Agency;
4.10.15. ensure clerical and archival work in the Agency;
4.10.16. ensure consideration of applications and reception of citizens in the Agency.
4.11. Members of the Management Board shall:
4.11.1. participate in the resolution of issues related to the powers of the Management Board;
4.11.2. familiarize themselves with the agenda of the Board meeting and the materials to be reviewed in advance;
4.11.3. express their opinion on the decisions to be taken by the Management Board;
4.11.4. make proposals to consider issues related to the powers of the Management Board at the meetings of the Management Board;
4.11.5. familiarize themselves with the decisions of the Management Board, meeting minutes and other documents.
4.12. The members of the Management Board shall be impartial to the issues considered at its meetings, shall not allow actions and speeches that could damage the name of the Management Board member, as well as fulfill other requirements defined in Article 49 of the Civil Code of the Republic of Azerbaijan.
5. The authorised fund, property and fundamentals of financial activity of the Agency
5.1. The authorised fund of the Agency will 2,209,512.9 manats (two million two hundred and nine thousand five hundred and twelve manats and ninety qyapiks).
5.2. The property of The Agency will be formed from the authorised fund, the property given by the founder, as well as from the funds allocated from the state budget, income from its activities, donations, grants, attracted investments and other funds not prohibited by law.
5.3. The Agency will use its property only in accordance with the purposes established by this Regulations, and carry out its powers in relation to the state property on its balance sheet in accordance with the procedure established by the Decree No 586 of the President of the Republic of Azerbaijan “On Improving the Preservation and Effective Use of State Property” dated June 6, 2007,
5.4. The Agency will have the right to independently dispose of the funds obtained from the activities of the Agency, its departments, branches, representative offices and business entities, as well as other subordinate institutions, after paying the taxes and other mandatory payments stipulated by law.
5.5. The profit of the Agency will be transferred to the state budget only by the decision of the Agency for purposes not provided for in this Regulations.
5.6. The prices of the Agency's services will not be regulated.
6. Form and Scope of Monitoring of Agency's activities
6.1. The Agency's activities will be monitored by the President of the Republic of Azerbaijan, as well as by the Agency's Management Board in the manner as defined by this Regulations.
6.2. The Annual Report on the activities of the Agency will be submitted to the President of the Republic of Azerbaijan.
7. Accounting and Reporting
7.1. The Agency will carry out accounting, prepare, submit and publish financial statements in accordance with the procedure established by the Law of the Republic of Azerbaijan "On Accounting" for public legal entities.
7.2. The Agency will prepare and submit statistical reports in accordance with the Law of the Republic of Azerbaijan "On Official Statistics".
7.3. The Agency will provide verification of the financial and economic activity of management, branch, representative office and business entities, as well as other subordinate institutions.
7.4. The Agency will involve an external auditor for independent audit of its activities.
8. Reorganization and Dissolution
The dissolution and reorganization of the Agency shall be carried out by the President of the Republic of Azerbaijan.
