of the President of the Republic of Azerbaijan on the Establishment of the Department of the Ministry of Foreign Affairs  of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic

To ensure implementation of streamlined foreign policy course of the Republic of Azerbaijan and taking into consideration the role of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues, I decree:

1. The Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic shall be established.

2. «Statute on the Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic» shall be approved (attached).

3. The Cabinet of Ministers of the Republic of Azerbaijan is assigned, in one-month period:

3.1. to consider allocation of funds from the state budget of 2005 and in state budget drafts of 2006 and next years to finance the activity of the Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic;

3.2. to solve any other issues to ensure the execution of this Decree.

4. The Ministry of Foreign Affairs of the Republic of Azerbaijan is assigned to solve necessary issues to ensure the execution of this Decree.

5. The Cabinet of Ministers of the Nakhchivan Autonomous Republic is assigned, in one-month period, to carry out necessary measures to provide the Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic with an administrative building and to resolve any other issues to ensure the execution of this Decree.

6. The present Decree enters into force on the day of its signing.

Ilham Aliyev

President of the Republic of Azerbaijan

Baku city, October 31, 2005

                                                                                           (unofficial translation)

                                                            STATUTE

on the Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan

in the Nakhchivan Autonomous Republic

I. General provisions

1. Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic (hereinafter referred to as the Department) was established in order to ensure implementation of streamlined foreign policy course of the Republic of Azerbaijan in the light of expanding economic, trade, scientific-technical and cultural relations of the Republic of Azerbaijan with the neighboring and other states and international organizations, and participation of the Nakhchivan Autonomous Republic in these relations, and to attain continuous and consistent fulfillment of relevant responsibilities and functions of the Ministry of Foreign Affairs of the Republic of Azerbaijan (hereinafter referred to as the Ministry) in the Nakhchivan Autonomous Republic.

2. The Department conducts its activity in conformity with the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Diplomatic Service" and other laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, the Statute of the Ministry of Foreign Affairs of the Republic of Azerbaijan, normative legal acts of the Ministry, as well as the present Statute.

3. The Department coordinates its activities with the central executive bodies of the Nakhchivan Autonomous Republic, local executive bodies, municipalities as well as functioning legal entities and residents of the Nakhchivan Autonomous Republic, consulates of the foreign states functioning in the Nakhchivan Autonomous Republic, and the representatives of international organizations (hereinafter referred to as foreign missions).

4. Participation of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan is secured through coordination with the Ministry, and in necessary situations through participation of the Department and/or another section of the Ministry.

5. On the building of the Department and at its territory, in accordance with the legislation of the Republic of Azerbaijan, the State flag of the Republic of Azerbaijan is hoisted, and the board with description of State Emblem of the Republic of Azerbaijan and writing in Azerbaijani "Department of the Ministry of Foreign Affairs of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic" is set.

6. The Department has state property at its disposal, bank and exchequer accounts, the seal with the State Emblem of the Republic of Azerbaijan and its name engraved on it, as well as appropriate stamps and letterhead blank sheet.

7. The Department is financed from the state budget.

8. The Department is situated in Nakhchivan city.

II. Main Responsibilities of the Department

9. Main responsibilities of the Department are as follows:

9.1. Ensuring the implementation of integrated foreign policy course of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic within its competences;

9.2. Ensuring implementation of integrated foreign policy course of the Republic of Azerbaijan while participating in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan, and to this end directing and coordinating actions of the relevant state bodies of the Nakhchivan Autonomous Republic, and directly participating in the pertinent relations;

9.3. Facilitating development of cooperation on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic with foreign states and international organizations in the foreign relations of the Republic of Azerbaijan;

9.4. Participating in and facilitating the elaboration of drafts of relevant agreements, and arrangement and/or conduct of negotiations, on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan, and in this process controlling observance of interests of the Republic of Azerbaijan as well as the legislation of the Republic of Azerbaijan and international legal norms;

9.5. Participating in the settlement of issues related to migration of the citizens of the Republic of Azerbaijan living in the Nakhchivan Autonomous Republic and employment of foreign labor force in the Nakhchivan Autonomous Republic that fall into the Ministry's competence, in accordance with the legislation;

9.6. Providing the state protocol of the Republic of Azerbaijan in the Nakhchivan Autonomous Republic;

9.7. Coordinating activity of the official bodies of the Nakhchivan Autonomous Republic and their relations with the Ministry regarding the participation of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan;

9.8. Carrying out other responsibilities set by the legislation of the Republic of Azerbaijan.

III. Major Functions of the Department

10. The Department carries out following functions in conformity with the responsibilities stipulated by the present Statute:

10.1. Represents the Ministry in relations with the foreign missions functioning in the Nakhchivan Autonomous Republic;

10.2. Carries out measures for fulfillment of the obligations of the foreign missions functioning in the Nakhchivan Autonomous Republic according to the legislation of the Republic of Azerbaijan as well as international treaties concluded by the Republic of Azerbaijan and foreign states and international organizations.

10.3. Drafts proposals regarding the conclusion, implementation, termination and suspension of agreements between the Nakhchivan Autonomous Republic and foreign states and international organizations on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan, and duly submits them to the Ministry;

10.4. Delivers official information about foreign and internal policy, history, social, economic and cultural life of the Republic of Azerbaijan to the foreign missions functioning in the Nakhchivan Autonomous Republic;

10.5. Informs central and local executive bodies and municipalities as well as mass media regarding the international situation and foreign policy of the Republic of Azerbaijan;

10.6. Submits proposals regarding the improvement of coordination between the Ministry and the Nakhchivan Autonomous Republic on relationships with foreign states and international organizations in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan, and participates in the fulfillment of measures set by the Ministry;

10.7. Conducts negotiations between the Nakhchivan Autonomous Republic and foreign states and international organizations, in coordination with the Ministry and with its participation, in the foreign relations of the Republic of Azerbaijan on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan;

10.8. Participates in preparation and realization of international events held in the Nakhchivan Autonomous Republic and coordinates the relevant work;

10.9. Facilitates the activity of the foreign missions functioning in the Nakhchivan Autonomous Republic and, within the sphere of its own competences, exercises control over the activity of the organizations that provide service to them;

10.10. Facilitates establishment and management of relations of central executive bodies of the Nakhchivan Autonomous Republic with the foreign missions functioning in the Nakhchivan Autonomous Republic, international organizations, respective executive bodies and municipalities of foreign states on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan;

10.11. Facilitates the work of foreign missions in the Republic of Azerbaijan to carry out their functions and obligations in the Nakhchivan Autonomous Republic;

10.12. Exercises control over observance of diplomatic and consular privileges and immunities in the Nakhchivan Autonomous Republic;

10.13. Issues various visas and carries out consul legalization in conformity with the legislation;

10.14. Carries out notary operations within the sphere of its competences;

10.15. Issues service passports after notifying the Ministry in compliance with the legislation and requests issue of diplomatic passports from the Ministry in accordance with the law of the Republic of Azerbaijan;

10.16. Tasks relevant consulates through coordination with the Ministry to issue visa for foreigners coming to the Republic of Azerbaijan upon the invitation of legal entities in the Nakhchivan Autonomous Republic;

10.17. Liaises with the foreign missions functioning in the Nakhchivan Autonomous Republic to protect legal interests of individuals and legal entities;

10.18. Participates in and facilitates the solution of issues in the competences of the Ministry as to rendering mutual legal assistance between the Republic of Azerbaijan and foreign states about issues on civil crime and other affairs for the Nakhchivan Autonomous Republic;

10.19. Conducts registration of the members of the foreign missions functioning in the Nakhchivan Autonomous Republic and their family members living with them;

10.20. Carries out consular services in the Nakhchivan Autonomous Republic in accordance with the legislation of the Republic of Azerbaijan;

10.21. Carries out other functions stipulated by the legislation.

IV. Competences of the Department

11. In order to fulfill its responsibilities and functions the Department has the competences as follows:

11.1. Notifying the Ministry regarding establishment of relations, and arrangement and/or conduct of negotiations, on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan, participating in conduct of appropriate works as well as elaboration of agreement drafts, exercising control over their compliance with interests of the Republic of Azerbaijan and also the legislation of the Republic of Azerbaijan and international legal norms;

11.2. Receiving references and information duly on the issues attached to its competences from central executive bodies, as well as local executive bodies and municipalities of the Nakhchivan Autonomous Republic, and individuals and legal entities;

11.3. Establishing necessary work groups as well as holding deliberations on issues attached to its competences;

11.4. Issuing bulletins and other collections within the sphere of its competences in compliance with the legislation;

11.5. Carrying out other competences envisaged in the legislation.

V. Organization of the Department Activities

12. The Head of Department appointed to and dismissed from the position by the Minister of Foreign Affairs of the Republic of Azerbaijan upon the written proposal of the Cabinet of Ministers of the Nakhchivan Autonomous Republic leads the activity of the Department.

13. The Head of Department is personally liable for fulfilling obligations entrusted to the Department and for performing its functions.

14. The Head of Department has a deputy appointed to and dismissed from the position by the Minister of Foreign Affairs of the Republic of Azerbaijan.

15. The Head of Department:

15.1. manages the Department and leads it;

15.2. participates directly and represents the Ministry in establishment of appropriate relations of competent bodies of the Nakhchivan Autonomous Republic, arrangement and/or conduct of their negotiations, on economic, trade, scientific-technical and cultural issues of the Nakhchivan Autonomous Republic in the foreign relations of the Republic of Azerbaijan within the framework of conditions, rules and competences set by the laws of the Republic of Azerbaijan;

15.3. represents the Ministry in mutual relations with the official bodies as well as foreign missions of the Nakhchivan Autonomous Republic;

15.4. submits to the Ministry proposals on structure, number of staff and expense budget after elaboration;

15.5. issues orders, edicts and directives within the sphere of his/her competences which must be duly executed;

15.6. provides implementation of normative legal acts in the department within the sphere of his/her competences and exercises control over their fulfillment.

16. During the absence of the Head of Department or when he/she is unable to fulfill his/her duties, the Deputy Head of Department replaces him/her after informing the Ministry.

17. Structure, number of staff and expense budget of the Department are approved within the structure, number of staff and expense budget of the Ministry in compliance with the legislation.

18. Diplomatic service is carried out in accordance with the legislation of the Republic of Azerbaijan on public service and diplomatic service. The issues regarding service in the Department are solved by the Ministry.

19. Work of the Department is organized upon annual plan drawn up through coordination with the Ministry and taking into consideration the instructions of the Ministry. Annual plan is duly approved by the Ministry.