Turkmenistan is a physically large country (slightly larger than the state of California) but is sparsely inhabited (about 5 million people), with abundant hydrocarbon resources, particularly natural gas. Turkmenistan’s economy depends heavily on the production and export of natural gas, oil, petrochemicals and, to a lesser degree, cotton, wheat, and textiles. According to the 2017 Statistical Yearbook of Turkmenistan, the country’s Gross Domestic Product (GDP) was USD 36.18 billion in 2016 (TMT 126.6 billion), USD 35.8 billion (TMT 125 billion) in 2015, and USD 43.5 billion (TMT 124 billion) in 2014. Official figures for 2017 are not yet available. The government reported an implausibly high GDP growth of 6.2 percent in 2017 and 2016. The economy actually appears to have been in recession since the last quarter of 2014 when global hydrocarbon prices fell. Food inflation hovered around 36 percent in Ashgabat in 2017. The Government of Turkmenistan does not appear to have enough U.S. dollars to meet current dollar obligations and therefore the current investment climate is not conducive to U.S. investment. (Note: Due to heavy official limitations on data sharing, official economic figures cannot be verified.)
Foreign businesses in Turkmenistan face steep barriers to realizing return on investment, including the government’s non-payment to both local and international companies on orders received; failure to respect contract law; and the inability to convert local money into hard currency for repatriation of profits, dividends, and payment to foreign suppliers. Turkmenistan has had little success in attracting FDI from American companies. While American companies, including Coca-Cola and Caterpillar, have been present in the local market for years and have performed successfully, government delays in payment to foreign companies and restrictions on converting earnings into hard currency have complicated the investment picture. French (Bouygues, Vinci), Korean (Hyundai) and Turkish (Polimeks) companies have reportedly faced similar issues during the last year as energy-related revenues dry up. In August 2016, Turkmen-Turkish University was closed down. In December 2016, the government expropriated the largest (and only foreign-owned) grocery store, Yimpas shopping and business center, in Ashgabat without compensation or other legal remedy. In April 2017, the Turkish Hospital in Ashgabat was closed indefinitely. In September 2017, MTS suspended its operations after the state-owned Turkmen Telecom cut it off from its network. The Government of Turkmenistan objects to these three incidents being called expropriations, but in each case, the foreign company had valid licenses and leases.
There have been consistent reports over the last few years that officials or agents associated with the Berdimuhamedov family, particularly the ubiquitous “nephews,” seized local companies. In many cases, authorities jailed the legal owners of the enterprises using security-related laws as a legal pretext and reopened the businesses under new ownership.
A lack of established rule of law, an opaque regulatory framework, and rampant corruption remain serious problems in Turkmenistan. The government has a preference for doing business with entities who are members of the quasi-statist Union of Industrialists and Entrepreneurs, membership in which appears to be a key criterion for access to contracts and state loans. In certain cases, some contracts have been won by companies reportedly close to the presidential family. The government strictly controls foreign exchange flows and the conversion to hard currency of the local currency, the manat (TMT), is increasingly difficult. On the black market, the dollar trades at 14 manat as of April 9, 2018 while the official exchange rate is 3.5 manat per dollar. The government’s dispute settlement clause in contracts generally does not allow for arbitration in a venue outside of Turkmenistan, but we urge U.S. companies to include an international arbitration clause in their contracts as political considerations still rule local courts.
Although Turkmenistan regularly amends its laws to meet international standards, the country fails to implement investment-related legislation. There is no independent judiciary. The country’s autocratic political system has been relatively stable, despite a reported coup attempt in 2002. The constitution was amended in September 2016 to extend the presidential term from five to seven years, remove the 70-year age limit, and to allow the president to serve without term limits. On October 9, 2017, the constitution was amended again to reinstitute the People’s Council as the highest representative body.
Lower global oil and natural gas prices slowed the economy and put pressure on its currency. The government’s introduction of severe limitations on currency conversion and pursuit of an import substitution policy serve as impediments to foreign trade. The State Committee on Statistics reported Turkmenistan’s imports fell from approximately $13 billion in 2016 to $10 billion in 2017. Exports supposedly rose from $7.5 billion in 2016 to $7.8 billion in 2017.
- Political stability is the most positive aspect of doing business in Turkmenistan, although rampant corruption, high inflation, failure to uphold private contract law, and an inability to convert currency are the most negative conditions underpinning the country’s investment climate. The Turkmenistan has also not traditionally allowed a PSA agreement for onshore resources, which hampers additional interest in energy exploration.
- Energy, construction, and petrochemicals are the sectors that have historically attracted the most investment in Turkmenistan.
- Starting from January 1, 2017, the government implemented a labor rule that requires foreign companies to hire 9 local employees for every one international staff member employed in the country.
Key issues to watch: developments in the financial sector, including the TMT/USD exchange rate and the severity of restrictions on currency conversion, and the degree to which Turkmenistan pays its debts to foreign and domestic companies.
|TI Corruption Perceptions Index||2017||167 of 180||http://www.transparency.org/
|World Bank’s Doing Business Report “Ease of Doing Business”||2017||not ranked||http://www.doingbusiness.org/rankings|
|Global Innovation Index||2017||not ranked||https://www.globalinnovationindex.org/
|U.S. FDI in partner country ($M USD, stock positions)||2017||No data disclosed.||http://www.bea.gov/
|World Bank GNI per capita||2016||6,670||http://data.worldbank.org/
1. Openness To, and Restrictions Upon, Foreign Investment
Policies Toward Foreign Direct Investment
Turkmenistan regularly announces its desire to attract more foreign investment, but tight state control of the economy, the government’s inability to meet its financial obligations, a lack of transparency, and a restrictive visa regime have created a difficult foreign investment climate. In January 2013, Turkmenistan created the Agency for Protection from Economic Risks to oversee international investments in the country. The Agency is responsible for a comprehensive review of foreign companies wishing to enter Turkmenistan’s market that includes assessment of the financial and political risks associated with allowing the company to do business in Turkmenistan. The arbitrary nature of the agency’s assessments further increases the already opaque and arduous bureaucratic procedures.
Historically, the most promising areas for investment are in the oil and gas, agricultural, and construction sectors. However, a growing number of foreign companies have been forced out of the market due to their inability to convert local manat into hard currency and non-payment of invoices by the government. The government seeks foreign technology and investment in order to diversify its economy through the development of domestic chemical and petrochemical industry facilities. Decisions to allow foreign investment are often politically driven; companies offering more “friendly” terms, including sales side credit that is later forgiven, are generally more successful in winning tenders and signing contracts. The tender process is opaque and sometimes not announced.
According to government sources, total capital investment amounted to 59.5 billion manat (USD 17 billion) in 2016 and TMT 49.8 billion (USD 14.2 billion) in 2017. There is no publicly available information on how much of this total is foreign direct investment. There is a general lack of integrity and consistency in official economic numbers.
In 2012, the government announced that it would invest USD 80.6 billion to construct 450 industrial and social facilities throughout the country by 2020. According to the national program for the transformation of the rural areas, of that, TMT 4.9 billion (USD 1.4 billion) was invested in Turkmenistan’s five provinces, including TMT 1.13 billion in Ahal; TMT 1.14 billion in Balkan; TMT 814 million in Dashoguz TMT 964 million in Lebap; and TMT 850 million in Mary.
Turkmenistan’s key industries are state-owned. According to the Chairman of the Union of Industrialists & Entrepreneurs (UIE), the private sector’s share in the Turkmen economy is 63-65 percent (excluding the energy sector) as of February 2018. The government numbers, however, are misleading since they exclude the hydrocarbon sector, which is the single largest component of GDP. While the government has stated that it seeks to increase the private sector’s participation in the economy to 70 percent by 2020, there are no independent estimates available to verify the official statistics. The top economic priorities for the government remain achieving self-sufficiency in food supplies and increasing domestic production as part of import substitution. The economy rests almost entirely on extracting natural resources.
In May 2010, the government adopted its National Program for the Socio-Economic Development of Turkmenistan (2011-2030). The program envisages the diversification of the economy and recognizes the importance of market and institutional reform. The program also includes the privatization of small and medium enterprises (SMEs). In October 2006, Turkmenistan adopted an Oil and Gas Development Plan (2007-2030). The Council of Elders, precursor to the People’s Council, adopted the president’s 2018-2024 program on socio-economic development in October 2017. Despite these initiatives, Turkmenistan remains largely a planned economy and largely closed to foreign investment.
The government selectively chooses its investment partners; making a strong relationship with a government official is often essential to achieving commercial success. Officials may “seek rents” for permitting or assisting foreign investors to enter the local market. Some foreign investors have found success working through foreign business representatives who are able to leverage their personal relationships with senior leaders to advance their business interests. The government has a preference for doing business with entities who are members of the quasi-statist Union of Industrialists and Entrepreneurs.
Turkmenistan has accepted financing from international financial institutions (IFIs) since its independence in 1991. In 2009, the government reportedly accepted a USD 4 billion loan from the Chinese Development Bank (CDB) to develop Galkynysh, the world’s second largest natural gas field, as well as several significantly smaller loans from the Chinese Export-Import Bank for transportation- and communication-related projects. In 2011, Turkmenistan secured a second USD 4.1 billion loan from CDB to further develop the Galkynysh field. The government also accepted a USD 1 billion dollar loan from the Islamic Development Bank in 2010 to fund infrastructure projects. In 2011, the Asian Development Bank (ADB) provided a USD 125 million loan to the government to finance the procurement and installation of power and signaling equipment for a 311-kilometer section of the Kazakhstan–Turkmenistan–Iran railway. Turkmenistan approached a number of international financial organizations, private companies, and foreign governments in an attempt to secure additional loans to fund large-scale government projects but failed to secure them. In November 2013, the ADB was appointed as transaction advisor for the Turkmenistan-Afghanistan-Pakistan-India (TAPI) natural gas pipeline project and TurkmenGas was identified as consortium lead in 2015. In October 2016, the government announced that Islamic Development Bank would provide a $710 million loan to finance the Turkmenistan segment of TAPI. The government has failed so far to identify a financial advisor. Financing appears to still be an open question.
Screening of FDI
The government seeks to attract FDI to Turkmenistan and tends to support companies wishing to invest in the country. Consequently, foreign companies with approved government contracts generally do not face problems or significant delays when registering their operations in Turkmenistan. Under Turkmenistan law, all local and foreign entities operating in Turkmenistan are required to register with the Registration Department under the Ministry of Finance and Economy. Before the registration is granted, however, an inter-ministerial commission that includes the Ministry of Foreign Affairs, the Agency for Protection from Economic Risks, law enforcement agencies, and industry-specific ministries has to approve it.
Foreign companies without approved government contracts that seek to establish a legal entity in Turkmenistan must go through a lengthy and cumbersome registration process involving the inter-ministerial commission mentioned above. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give the reasons for denying the registration of a legal entity.
In order to participate in a government tender, companies are not required to be registered in Turkmenistan. However, a company interested in participating in a tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives who then submit tender documents on their behalf. A list of required documents for screening is usually provided by the state agency announcing the tender.
Before the contract can be signed, the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers must approve the agreement. The approval process is not transparent and is often politically driven. There is no legal guarantee that the information provided by companies to the government will be kept confidential.
While Turkmenistan does not have a specific law that governs competition, Article 17 (Development of Competition and Antimonopoly Activities) of the Law on State Support to Small and Medium Enterprises seeks to promote fair competition in the country.
Limits on Foreign Control and Right to Private Ownership and Establishment
There are no legal limits on the foreign ownership or control of companies. In practice, the government has only allowed fully-owned foreign operations in the oil sector. Foreigners may establish and own businesses and also engage in business activities within the boundaries of domestic laws, but revenue repatriation is very challenging as currency conversion remains difficult in the country. The nature of government-awarded contracts may vary in terms of the requirements for ownership of local enterprises. All contractors operating in Turkmenistan for a period of at least 183 days a year must register with the Main State Tax Service. National accounting and international financial reporting standards apply to foreign investors. In the energy sector, Turkmenistan precludes foreign investors from investing in the exploration and production of its onshore gas resources. All land in Turkmenistan is government-owned. The State Migration Service of Turkmenistan requires that citizens of Turkmenistan make up 90 percent of the workforce of a company owned by a foreign investor.
Moreover, there are several ways for the government to discriminate against investors, including excessive tax examinations, arbitrary license extension denials, and customs clearance and visa issuance obstacles. In most cases, the government has insisted on maintaining a majority interest in any joint venture (JV). Foreign investors have been reluctant to enter JVs controlled by the government, because of competing business cultures and conflicting management styles. Although there is no specific legislation requiring foreign investors to receive government approval to divest, in practice they are expected to coordinate such actions with the government. The court system is subject to government interference.
Private entities in Turkmenistan have the right to establish and own business enterprises. The 2000 Law on Enterprises defines the legal forms of state and private businesses (state enterprises, sole proprietorships, cooperatives, partnerships, corporations and enterprises of non-government organizations). The law allows foreign companies to establish subsidiaries, though the government does not currently register subsidiaries. The Civil Code of Turkmenistan and the Law on Enterprises govern the operation of representative and branch offices in Turkmenistan. Enterprises must be registered with the Registration Department of the Ministry of Finance and Economy. The 2008 Law on the Licensing of Certain Types of Activities (last amended in November 2015) lists 44 activities that require government licenses. The Law on Enterprises and the Law on Joint Stock Societies allow acquisitions and mergers. Turkmenistan’s legislation is not clear, however, about acquisitions and mergers involving foreign parties, nor does it have specific provisions for the disposition of interests in business enterprises, both solely domestic and those with foreign participation. Governmental approval is necessary for acquisitions and mergers of enterprises with state shares.
Other Investment Policy Reviews
The government has not undergone an investment policy review by the Organization for Economic Cooperation and Development (OECD) or World Trade Organization (WTO). While Turkmenistan has expressed interest in exploring the WTO accession process and created an intergovernmental commission in January 2013 to review the benefits of accession, the country has not yet formally applied to join the organization and does not appear to be progressing towards joining. The United Nations Conference on Trade and Development’s (UNCTAD) World Investment Report (WIR) for 2015 ranked Turkmenistan among the top five countries in the category of Landlocked Developing Countries in its foreign direct investment (FDI) attraction index. According to WIR, the volume of FDI into Turkmenistan amounted to USD 4.3 billion in 2015 and USD 4.5 billion in 2016.
Laws/Regulations on Foreign Direct Investment
Incoming foreign investment is regulated by the Law on Foreign Investment (last amended in 2008), the Law on Investments (last amended in 1993), and the Law on Joint Stock Societies (1999), which pertains to start-up corporations, acquisitions, mergers and takeovers. Foreign investment activities are affected by bilateral or multilateral investment treaties, the Law on Enterprises (2000), the Law on Business Activities (last amended in 2008), and the Land Code (2004). Foreign investment in the energy sector is subject to the 2008 Petroleum Law (also known as the Law on Hydrocarbon Resources, which was amended in 2011 and 2012). The Tax Code provides the legal framework for the taxation of foreign investment. The Civil Code (2000) defines what constitutes a legal entity in Turkmenistan. The Organization for Security and Co-operation in Europe (OSCE) Center in Ashgabat maintains a database of Turkmenistan’s laws, presidential decrees and resolutions at . This information is also available on the Ministry of Justice of Turkmenistan’s website at .
Turkmenistan has taken a number of steps to promote economic reform, including a law to combat money laundering and terrorism financing and a presidential decree that mandates the use of International Financial Reporting Standards (IFRS). In January 2010, Turkmenistan established a Financial Intelligence Unit under the Ministry of Finance to strengthen its anti-money laundering (AML) efforts and its ability to combat the financing of terrorism (CFT).
On January 1, 2012, Turkmenistan’s banks switched to International Financial Reporting Standards (IFRS). Government agencies transitioned to National Financial Reporting Standards (NFRS) in January 2014. Despite these positive steps, however, Turkmenistan remains one of the most closed economies in the region and some financing of large projects remains off the banks’ books.
Most foreign investment is governed by project-specific presidential decrees, which can grant privileges not provided by legislation. Legally, there are no limits on the foreign ownership of companies. In practice, however, the government has allowed fully owned foreign operations only in the oil sector. Some companies take the presidential decree as a sovereign guarantee.
In 2007, Turkmenistan created the Awaza (Avaza) Tourist Zone (ATZ) to promote tourism and the development of its Caspian Sea coast. It granted some tax incentives to those willing to invest in the construction of hotels and recreational facilities. Amendments to the Tax Code in October 2007 exempted construction and tourist facilities in the ATZ from Value Added Tax (VAT). Services offered at tourist facilities, including catering and room accommodations, are also exempt from VAT until 2020. In general, tax and investment incentives for the ATZ can be negotiated case by case. Turkmenistan also adopted multiple-year national development programs in various sectors of economy, which might include separate sub-sections on attracting investment in these sectors. However, the country’s visa regime is rigid, making an increase in foreign tourism unlikely in the near term. Information on these programs is not publicly available.
Turkmenistan does not have a business registration website for use by domestic or foreign companies. Depending on the type of business activity a foreign company seeks in Turkmenistan, registration with Turkmenistan’s Main State Tax Service, the Local Statistics Office, the Agency for Protection from Economic Risks, the Registration Department under the Ministry of Finance and Economy, and the State Commodity and Raw Materials Exchange of Turkmenistan could all be required. Business registration usually takes about six months and often depends on personal connections in various government offices. The World Bank’s Doing Business that measures business regulations and starting a business across 190 economies does not have data for Turkmenistan.
Development and implementation of public policies to attract foreign investment, investment coordination, and assistance to foreign investors are carried out by the Cabinet of Ministers of Turkmenistan. The Agency for Protection from Economic Risks under the Ministry of Finance and Economy makes a decision on providing any investment-related services to potential foreign investors based on criteria such as the financial status of the investor.
Turkmenistan’s Law on State Support to Small and Medium Enterprises (adopted in August 2009) defines small and medium enterprises as follows: small enterprises are those with an average staff number of up to 50 people employed in industry, power generation, construction, gas and water supply and up to 25 people in other sectors; medium enterprises are those with an average staff number of up to 200 people employed in industry, power generation, construction, gas and water supply and up to 100 people in other sectors. However, the benefits of the Law on State Support to Small and Medium Enterprises do not apply to: 1) state-owned enterprises; 2) enterprises with foreign investment carrying out banking or insurance activities; and 3) activities related to gambling and gaming for money.
Almost all business-related activities must be conducted by foreigners in person after receiving a letter of invitation from the MFA to travel to the country; permission also must be received from the government to meet with state ministries, agencies, and enterprises. The only other way to conduct business with the government is to hire a local agent.
The government of Turkmenistan does not promote or incentivize outward investment and there is no investment promotion agency. The existing policies are aimed at substituting imports and promoting exports. According to unofficial reports, individual entrepreneurs continue investing in real estate abroad in Turkey and the United Arab Emirates. Those entrepreneurs who invest abroad tend not to disclose such information fearing possible retribution from the government. The number of approaches from private businesses that want to invest in the United States has also increased over the past two years.
2. Bilateral Investment Agreements and Taxation Treaties
According to UNCTAD, Turkmenistan has signed bilateral investment agreements with 27 countries, including Armenia, Bahrain, Belgium, China, Egypt, France, Georgia, Germany, India, Indonesia, Iran, Israel, Italy, Luxembourg, Malaysia, Pakistan, Romania, Russian Federation, Slovakia, Spain, Switzerland, Tajikistan, Turkey, Ukraine, the United Arab Emirates, the United Kingdom, and Uzbekistan. In July 2009, European Union Ministers passed a trade agreement with Turkmenistan reasoning that economic and trade engagement with the country would stimulate political reforms in Turkmenistan.
The United States government considers the Convention with the Union of Soviet Socialist Republics on Matters of Taxation, which entered into force in 1976, to continue to be in effect between the United States and Turkmenistan. There is no bilateral investment treaty between Turkmenistan and the United States.
3. Legal Regime
Transparency of the Regulatory System
The government does not use transparent policies to foster competition and foreign investment. Laws have frequent references to bylaws that are not publicly available. Most bylaws are passed in the form of presidential decrees. Such decrees are not categorized by subject, which makes it difficult to find relevant cross references. Personal relations with government officials can play a decisive role in determining how and when government regulations are applied. Conversely, running a successful foreign business can lead to problems with local authorities. Local authorities may enforce certain verbal directives as if they were official laws and regulations without providing any proof of the existence of such regulations. There have been consistent reports throughout the year that the government seized profitable local companies. Some businesspeople left the country fearing possible imprisonment. In December 2016, the government expropriated the largest (and only foreign-owned) grocery store, shopping center, and business center in Ashgabat without compensation or other legal remedy. In April 2017, the Turkish Hospital in Ashgabat was closed indefinitely. In September 2017, Russian cellphone provider MTS was closed indefinitely. There have been consistent reports over the last year that officials or their agents seized local companies. In many cases, authorities jailed the legal owners of the enterprises using security-related laws as a legal pretext and reopened the businesses under new ownership. There is no information available on whether the government conducts any scientific study or quantitative analysis of the impact of regulations. Most regulations often appear to follow the government’s try-and-see approach to addressing pressing issues.
While American companies, including Coca-Cola and Caterpillar, have been present in the local market for years and have performed successfully, government delays in payment to foreign companies and restrictions on converting earnings into hard currency have begun to complicate the investment picture. French (Bouygues, Vinci), Korean (Hyundai), Ukrainian (Altcom), Belarusian (Belgorkhimprom), and Turkish (Polimeks) companies have reportedly faced similar issues during the last year as energy-related revenues dry up.
Bureaucratic procedures are confusing and cumbersome. The government does not generally provide information support to investors, and officials use this lack of information to their personal benefit. As a result, foreign companies may spend months conducting due diligence in Turkmenistan. A serious impediment to foreign investment is the lack of knowledge of internationally-recognized business practices, as well as the fact that there are few fluent English speakers in Turkmenistan. English-language material on legislation is scarce, and there are very few business consultants to assist investors. Proposed laws and regulations are not generally published in draft form for public comment. The general public is typically not invited to make contributions during parliamentary deliberations on the proposed bills or amendments to legislation and finds out about such laws only when published in the official newspaper.
There are no standards-setting consortia or organizations besides Turkmen State Standards and the licensing agency. There is no independent body for filing complaints. Financial disclosure requirements are neither transparent nor consistent with international norms. Government enterprises are not required to publicize financial statements, even to foreign partners. Financial audits are often conducted by local auditors, not internationally recognized firms.
The legal framework contained in the Law on Petroleum (2008) was a partial step toward creating a more transparent policy in the energy sector. Turkmenistan’s banks completed transitioning to International Financing Reporting Standards (IFRS). State-owned agencies began the transition to the IFRS in 2012 and fully transitioned to National Financing Reporting Standards (NFRS) in January 2014, which is reportedly in accordance with IFRS. While the IFRS may improve accounting standards by bringing them into compliance with international standards, it has no discernable impact on Turkmenistan’s fiscal transparency since fiscal data remains inaccessible to the public. There is no publicly available information regarding the budget’s conformity with the IFRS. There is no public consultation process on draft bills and there are no informal regulatory processes managed by nongovernmental organizations or private sector associations.
International Regulatory Considerations
Turkmenistan pursues a policy of neutrality (acknowledged by United Nations in 1995) and does not join regional blocs. Turkmenistan is currently a member of the Economic Cooperation Organization (ECO), a ten-member intergovernmental organization created in 1985 to promote trade and economic cooperation among its members. In drafting laws and regulations, the government usually includes a clause that states the international agreements and laws will prevail in case there is a conflict between local and international legislations. Turkmenistan is not a member of WTO.
Legal System and Judicial Independence
Turkmenistan is a civil law country in terms of the nature of the legal system and many laws have been codified in an effort to transition from Soviet laws. The Mejlis, the country’s rubber-stamp parliament, adopts nearly 50 laws per year without involving the public and these laws are rarely implemented. Most contracts negotiated with the government have an arbitration clause. The Embassy strongly advises U.S. companies to include an arbitration clause identifying a venue outside Turkmenistan. There have been commercial disputes involving U.S. and other foreign investors or contractors in Turkmenistan, though not all disputes were filed with arbitration courts. Investment and commercial disputes involving Turkmenistan have three common themes: nonpayment of debts, non-delivery of goods or services, and contract renegotiations. The government may claim the provider did not meet the terms of a contract as justification for nonpayment. Several disputes have centered on the government’s unwillingness to pay in freely convertible currency as contractually required. In cases where government entities have not delivered goods or services, the government has often ignored demands for delivery. Finally, a change in leadership in the government agency that signed the original contract routinely triggers the government’s desire to re-evaluate the entire contract, including profit distribution, management responsibilities and payment schedules. The judicial branch is independent of the executive on paper only and is largely influenced by the executive branch.
On February 28, 2015, President Berdimuhamedov signed an updated law entitled “On the Chamber of Commerce and Industry of Turkmenistan” (first adopted in 1993). The new law redefined the legal and economic framework for the activities of the Chamber, defined the state support measures, and created a new body for international commercial arbitration under the Chamber’s structures. International commercial arbitration can consider disputes arising from contractual and other civil-legal relations in foreign trade and other forms of international economic relations, if at least one of the parties to the dispute is located outside of Turkmenistan. The enforcement of the decisions of commercial arbitration outside of Turkmenistan may be denied in Turkmenistan under certain conditions listed under Article 47 of the Law of Turkmenistan “On Commercial Arbitration” adopted in 2014 and in force in 2016. International commercial arbitration is governed by the Law of Turkmenistan “On International Commercial Arbitration” and other domestic laws. According to the commercial arbitration law, the parties in dispute can appeal the decision of the arbitration only to the Supreme Court of Turkmenistan and nowhere abroad. The judgments of foreign courts might or might not be recognized by the government of Turkmenistan, depending on a case-by-case review.
- According to the 2008 Law on Foreign Investment, all foreign and domestic companies and foreign investments must be registered at the Ministry of Finance and Economy.
- The Petroleum Law of 2008 (last amended in 2012) regulates offshore and onshore petroleum operations in Turkmenistan, including petroleum licensing, taxation, accounting and other rights and obligations of state agencies and foreign partners. The Petroleum Law supersedes all other legislation pertaining to petroleum activities, including the Tax Code.
- According to the Land Code (last amended February 2017), foreign companies or individuals are permitted to lease land for non-agricultural purposes, but only the cabinet of ministers has the authority to grant the lease. Foreign companies may own structures and buildings.
- Turkmenistan adopted a Bankruptcy Law in 1993. Other laws affecting foreign investors include the Law on Investments (last amended in 1993), the Law on Joint Stock Societies (1999), the Law on Enterprises (2000), the Law on Business Activities (last amended in 1993), the Civil Code enforced since 2000, and the 1993 Law on Property.
Turkmenistan requires that all export and import contracts and investment projects be registered at the State Commodity and Raw Materials Exchange (SCRME) and at the Ministry of Economy. The procedure applies not only to the contracts signed at the SCRME, but also to contracts signed between third parties. The SCRME is state-owned and is the only exchange in the country. The contract registration procedure includes an assessment of “price justification.” All import contracts must be registered before goods are delivered to Turkmenistan. The government generally favors long-term investment projects that do not require regular hard currency purchases of raw materials from foreign markets.
Laws and Regulations on Foreign Direct Investment
Under Turkmenistan’s law, all local and foreign entities operating in Turkmenistan are required to register with the Registration Department under the Ministry of Finance and Economy. Before the registration is granted, however, an inter-ministerial commission that includes the Ministry of Foreign Affairs, the Agency for Protection from Economic Risks, law enforcement agencies, and industry-specific ministries has to approve it.
Foreign companies without approved government contracts that seek to establish a legal entity in Turkmenistan must go through a lengthy and cumbersome registration process involving the inter-ministerial commission mentioned above. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks.
In order to participate in a government tender, the companies are not required to be registered in Turkmenistan. However, a company interested in participating in a tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives who then submit tender documents on their behalf. A list of required documents for screening is usually provided by the state agency announcing the tender.
Before the contract can be signed, the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers must approve the agreement. The approval process is not transparent and is often politically driven. There is no legal guarantee that the information provided by companies to the government of Turkmenistan will be kept confidential.
Competition and Anti-Trust Laws
There is no publicly available information on which agencies review transactions for competition related concerns. The government does not publish information on any competition cases. While Turkmenistan does not have a specific law that governs competition, Article 17 (Development of Competition and Antimonopoly Activities) of the Law on State Support to Small and Medium Enterprises seeks to promote fair competition in the country.
Expropriation and Compensation
Three recent cases raise expropriation concerns for foreign businesses investing in Turkmenistan. In December 2016, the government expropriated the largest (and only foreign-owned) grocery store, Yimpas (Yimpash) shopping and business center, in Ashgabat without compensation or other legal remedy. In April 2017, the Turkish Hospital in Ashgabat was expropriated without compensation. In September 2017, MTS was expropriated without fair compensation. The government objects to these three incidents being called expropriations, but in each case, the foreign company had valid licenses and leases.
Turkmenistan’s legislation does not provide for private ownership of land. Article 21 of the Investment Law (amended in 1993) allows investors’ property to be confiscated via an official court decision. The government has a history of arbitrarily expropriating the property of local businesses and individuals. Under former President Niyazov, the government frequently refused to compensate those affected when the government exercised its right of eminent domain. However, during a March 2007 Cabinet of Ministers meeting, President Berdimuhamedov stated that residents of affected apartments or houses would be provided alternative housing before their homes were demolished. Despite these assurances, many families evicted from their homes when the government demolished their houses in preparation for the 2017 Asian Indoor and Martial Arts Games were forced to stay with relatives and friends because of the shortage of apartments in Ashgabat. Given the dearth of apartments in Ashgabat, the price of real estate had increased drastically over the last several years before it dropped significantly in 2015 due to a weakening economy and increased supply.
There have been consistent reports throughout the year that the government seized profitable smaller local companies. The number of expropriations appears to be rising as the Turkmen economy shrinks.
ICSID Convention and New York Convention
Turkmenistan is a Party to the 1995 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID), but it is not a member of the 1958 Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) as of March 2018. The commercial law enforcement system includes the Arbitration Court of Turkmenistan which tries 13 categories of disputes, both pre-contractual and post-contractual, including taxation, legal foundations, and bankruptcy issues. The court does not interfere in an enterprise’s economic relations, but reviews disputes upon the request of either party involved. Appeals to decisions of the Arbitration Court can be filed at the Arbitration Committee of the Supreme Court of Turkmenistan.
Investor-State Dispute Settlement
Turkmenistan does not have a Bilateral Investment Treaty (BIT) or Free Trade Agreement (FTA) with an investment chapter with the United States.
There are several examples, as recently as 2017, of Western companies being unable to enforce contracts or prevail in formal procedures in investment disputes. In some instances, the government bluntly refused to pay awards to the companies despite a court decision that requires it to do so. In others, the government disputes the amount owed, which has made any collection efforts by the companies futile. There are also scattered reports of the government falsifying documents to win arbitration cases.
Although Turkmenistan has adopted a number of laws designed to regulate foreign investment, the laws have not been consistently or effectively implemented. The government often confuses investment with foreign loans and credit. The Law on Foreign Investment, as amended in 2008, is the primary legal instrument defining the principles of investment. The law also provides for the protection of foreign investors. A foreign investor is defined in the law as an entity owning a minimum of 20 percent of a company’s assets.
No known investment disputes have involved a U.S. person over the course of the past ten years.
Generally, arbitration disputes associated with FDI are handled in Turkmenistan, although the government is sometimes willing to codify the right to international arbitration in contracts with foreign companies.
International Commercial Arbitration and Foreign Courts
There are no alternative dispute resolution mechanisms in Turkmenistan as a means for settling disputes between two private parties. The government prefers that international companies use its arbitration mechanism but has in the past accepted the international arbitration of investment disputes.
The commercial law enforcement system includes the Arbitration Court of Turkmenistan which tries 13 categories of disputes, both pre-contractual and post-contractual, including taxation, legal foundations, and bankruptcy issues. The court does not interfere in an enterprise’s economic relations, but reviews disputes upon the request of either party involved. Appeals to decisions of the Arbitration Court can be filed at the Arbitration Committee of the Supreme Court of Turkmenistan.
Turkmenistan adopted a Bankruptcy Law (1993), which protects certain rights of creditors, such as the satisfaction of creditors’ claims in case of the debtor’s inability or unwillingness to make payments. The law allows for criminal liability for intentional actions resulting in bankruptcy. The law does not specify the currency in which the monetary judgments are made. Turkmenistan’s economy is not ranked by the World Bank’s Doing Business Report, including its ranking for ease of “resolving insolvency.”
4. Industrial Policies
According to the Law on Foreign Investments, foreign investors, especially those operating in the free economic zones, may enjoy some incentives and privileges including license and tax exemptions, reduced registration and certification fees, land leasing rights, and extended visa validity. However, the law is haphazardly implemented and enforced.
Foreign investors are more disadvantaged because they face higher tax rates than most local companies. Amendments to the 2005 Tax Code did not affect tax rates. The value added tax rate (VAT) is 15 percent, an income tax of 8 percent is applied to JVs, and an income tax of 20 percent is applied to wholly-owned foreign companies and state-owned enterprises. Dividends are taxed at 15 percent. The personal income tax rate is 10 percent. Under a Simplified Tax System of Turkmenistan, most individual entrepreneurs pay a flat 2 percent income tax.
The president has issued special decrees granting exemptions from taxation and other privileges to specific investors while they recoup their initial investments. The assets and property of foreign investors should be insured with the State Insurance Company of Turkmenistan pursuant to Article 53 of the 2008 Petroleum Law and Article 3 of the 1995 Insurance Law. National accounting and financial reporting requirements apply to foreign investors. All contractors operating in Turkmenistan for a period of at least 183 days a year must register at the Main State Tax Service. As of January 2017, 90 percent of the workforce of a company owned by a foreign investor must be composed of citizens of Turkmenistan. Even large construction and engineering companies executing large-scale turnkey projects must comply with the new 90 percent law.
Petroleum Production Sharing Agreement (PSA) holders are regulated by the 2008 Petroleum Law. They are subject to a 20 percent income tax and royalties up to 15 percent, depending on the level of production. The social welfare tax, which is 20 percent of the total local staff payroll, is paid by foreign investors and their subcontractors. PSA holders’ employees and their subcontractors pay a personal income tax of 10 percent. Under the Petroleum Law, PSA concessions have been made to eight foreign energy companies: five offshore and three onshore concessions for periods ranging from 20-25 years. Subcontractors of PSA holders can bring their equipment into the country only for the duration of a valid contract. There is no specific legislation that regulates the operations of oil and gas subcontractors. Turkmenistan currently lists 49 import and 20 export goods and materials that are subject to customs duties. The goods and materials on these lists are subject to a 0.2 percent customs fee payment and a charge of TMT20 (USD5.7) for every hour a Customs official spends inspecting the imported goods. The Customs Service maintains a list of goods subject to customs duty payment. State enterprises often receive preferential treatment; for example, wool carpets produced at state factories are exempt from customs duties. In contrast, private carpet producers pay USD 20 per square meter in customs duties to export a carpet. Foreign investors are required to adhere to the sanitary and environmental standards of Turkmenistan and should produce products of equal or higher quality than prescribed in national standards. Since Turkmenistan is not a member of WTO, the Embassy is not aware of any measures that U.S. businesses allege are inconsistent with WTO TRIMs obligations.
Foreign Trade Zones/Free Ports/Trade Facilitation
The Law on Free Economic Zones was enacted in October 2017. The law guarantees the rights of businesses, both foreign and domestic, to operate in free economic zones (FEZs) without profit ceilings. The law forbids the nationalization of enterprises operating in the zones and discrimination against foreign investors. Other rights guaranteed include:
- Preferential tax status, including an exemption from profit tax if profits are reinvested in export-oriented, advanced technology enterprises;
- Repatriation of after-tax profits;
- Exemption from customs duties, except on products of foreign origin;
- Export of products; and
- Setting product prices.
The Law on Free Economic Zones does not list any FEZs currently in Turkmenistan. Previously there were ten FEZs, but these FEZs have not been successful in drawing increased economic activity, as the government interfered in the business decisions of firms located in the zones and did not financially supported zones’ infrastructure.
Performance and Data Localization Requirements
Ninety percent of the workforce of foreign-owned enterprises must be citizens of Turkmenistan by law. The regulation on this ratio does not differentiate between senior management and other employees. The State Migration Service controls access to the country and monitors the movement of foreign citizens. All visitors staying for more than three business days are required to register with the State Migration Service upon entry. Visa-related decisions are not transparent. Travel to most border areas requires a special permit. Representatives of foreign businesses seeking to enter Turkmenistan for the first time often have difficulty obtaining an entry visa unless invited by a government agency or by a local business partner. Established investors frequently complain about bureaucratic delays in securing visas to return to the country. The Government of Turkmenistan does not follow forced localization policies and does not officially require foreign investors to use domestic content in goods and technology. A few foreign companies working in the construction sector on government contracts reported that the government required them to use locally produced cement for their projects. However, this seems to be more of an exception than a rule. The Internet is provided only by state-owned telecommunications company Turkmen Telekom and data transmission is not reliable. The government does not require foreign IT providers to turn over source code or encryption keys. We are not aware of any rules that require foreign companies to maintain a certain amount of data storage in Turkmenistan.
5. Protection of Property Rights
All land is owned by the government. The 1993 Law on Property defines the following types of property owners: private, state, non-government organizations, cooperative, joint venture, foreign states, legal entities and citizens, international organizations and mixed private and state. A small number of dwellings have been privatized, allowing Turkmenistan’s citizens to rent and sell apartments and houses. The Law on Privatization of State Housing came into force in January 2014. The October 2007 amendments to the Land Code (last amended February 2017) provide for up to 40-year land leases for hotels and recreational facilities in National Tourist Zones. Land and facilities subsequently built on the parcel must be transferred to the state after the expiration of the contract. According to the Law on Foreign Investment, foreign investments in Turkmenistan are not subject to nationalization and requisition; foreign properties may be confiscated only following a court decision. However, this law is not respected in practice.
Banks provide preferential mortgage loans (annual interest rate of 1% for up to 30 years with five years grace period) for buying new apartments. Only government employees qualify for such concessional loans. In addition, the state agencies/employers can also pay 50% of the price of the new apartment for their employees, if their financial positions are strong enough to do so. Before mid-2015, the banks also provided mortgage loans (with an annual interest rate of 7-8% for up to 10 years) for housing in locations other than so-called “elite” apartments. Liens are not common in Turkmenistan, in part because the 30-year mortgage payment dates have not expired for most of the apartments bought since the country’s independence in 1991.
Intellectual Property Rights
While the legal structure to protect IP is strong, enforcement is bad, and the infringement of rights and theft is common. The government has enacted laws designed to protect intellectual property rights (IPR) domestically, but these laws are either arbitrarily implemented or not implemented at all. Among them are the Law on Publishing (2014), Law on State Policy on Research and Technology (2014), Law on Inventions and Industrial Samples (2008), Law on the Protection of Scientific Research (1993), the Patent Law (1993), the Law on Inventions and Industrial Designs (2008), and the Law on Trade and Service Marks and Places of Origin (2008). These regulations provide legal protection to intellectual property registered with the Patent Agency, which was established in 1993. However, due to significant deficiencies in Turkmenistan’s intellectual property protection regime, Turkmenistan has been on the United States government’s since 2000.
As the economy has worsened, more potential intellectual property rights violations are appearing on store shelves.
The Law on Foreign Investment guarantees the protection of intellectual property of foreign investors, including literary, artistic and scientific works, software, databases, patents and other copyrighted items. Turkmenistan has not yet adopted more explicit and comprehensive administrative and civil procedures and criminal penalties for IPR violations. In 2012 Turkmenistan adopted a law on copyright and related rights. The 1993 Most Favored Nation Agreement between the United States and Turkmenistan also provides for favorable treatment of copyrighted materials.
The following table presents the major international IPR treaties that Turkmenistan has signed:
|Berne Convention||Accession: February 29, 2016||May 29, 2016|
|Hague Agreement||Accession: December 16, 2015||March 16, 2016|
|Nairobi Treaty||Accession: December 16, 2015||January 16, 2016|
|Locarno Agreement||Accession: March 7, 2006||June 7, 2006|
|Madrid Protocol||Accession: June 28, 1999||September 28, 1999|
|Nice Agreement||Accession: March 7, 2006||June 7, 2006|
|Paris Convention||Declaration of Continued Application: March 1, 1995||December 25, 1991|
|Patent Cooperation Treaty||Declaration of Continued Application: March 1, 1995||December 25, 1991|
|Strasbourg Agreement||Accession: March 7, 2006||March 7, 2007|
|Vienna Agreement||Accession: March 7, 2006||June 7, 2006|
|WIPO Convention||Declaration of Continued Application: March 1, 1995||December 25, 1991|
Turkmenistan has not signed the World Intellectual Property Organization (WIPO)’s 1996 Copyright Treaty, the 1996 WIPO Performances and Phonograms Treaty (collectively known as the WIPO Internet treaties), or the 2000 Patent Law Treaty. In August 2015, Turkmenistan adopted an Action Plan for the Development of an Intellectual Property System in Turkmenistan for 2015-2020, and the plan includes a section on the role of IPR in attracting foreign investment into the country. However, it is still a challenge to purchase legally-recorded material in Turkmenistan. Border enforcement of IPR material is weak, allowing pirated goods to cross easily into Turkmenistan for sale. Additional personnel and training courses are needed for more effective border enforcement. Turkmenistan’s laws do not provide for either civil or criminal ex-parte search procedures needed for effective anti-piracy enforcement.
Turkmenistan signed the WIPO’s treaties on industrial property rights and patent cooperation in 1995. Turkmenistan has also joined the Eurasian Patent Organization created as part of the WIPO for CIS countries. The Copyright Law was enacted in 2000 as part of Turkmenistan’s Civil Code. This law defines copyrighted products, the rights of owners of the copyrighted products, and provides for their legal protection. In January 2012, the law was amended to include additional IPR-related provisions, including exclusive rights (absolute title), licensing agreements, and the collective management of ownership rights. There is a Patent Department in the Ministry of Finance and Economy which issues patents on intellectual property but does not enforce copyright laws. In November 2014, the government enacted a new Law on Publishing that establishes the legal basis for oversight of publishers, manufacturers, distributors and consumers of printed materials. The law states that illegal reproduction of printed materials and other violations of intellectual property rights of the publisher will carry monetary penalties and allow for full recovery of losses incurred, including lost income. Article 153 of the Criminal Code details the criminal penalties for IPR-related violations. Currently articles such as videos, cassette tapes, software, and literature are freely copied and sold. In general, products manufactured by government-owned entities increasingly dominate local markets and are well-protected by law enforcement bodies. Counterfeit goods constitute a significant share of most consumer goods including imported textile products, footwear and electronics. There is no publicly available information or estimate on any seizure, storage and destruction of counterfeit goods. Most software used is unlicensed, including in many government ministries. Turkmenistan is not listed in USTR’s notorious market report. For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at .
6. Financial Sector
Capital Markets and Portfolio Investment
Turkmenistan’s underdeveloped financial system and severe limitations on conversion of local currency (in early 2018 about two percent of invoices were converted into U.S. dollars per week) significantly hinder the free flow of financial resources. The largest state banks include: The State Bank for Foreign Economic Relations (Vnesheconombank), Dayhanbank, Turkmenbashy Bank, Turkmenistan Bank and Halk Bank. These banks have narrow specializations–foreign trade, agriculture, industry, social infrastructure, savings and mortgages, respectively. Senagat Bank took over Garagum Bank in 2017 and now is the sole remaining local bank providing general banking services for businesses. In September 2011, the government established the State Development Bank to provide loans to state-owned and private enterprises implementing projects that increase production and create jobs. The government also established Rysgal Bank in 2011 to provide general banking services to the members of the Union of Industrialists and Entrepreneurs. There are also five foreign commercial banks in the country: a joint Turkmen-Turkish bank (joint venture of Dayhanbank and Ziraat Bank), a branch of the National Bank of Pakistan, the German Deutsche and Commerz Banks, and a branch of Saderat Bank of Iran. The two German banks provide European bank guarantees for companies and for the Turkmen government; they do not provide general banking services. The government generally welcomes any type of investment in all sectors of the economy. Insufficient liquidity in the market can make it difficult for investors to exit the country easily. There were no reported cases where foreign investors received credit on the local market. The Union of Industrialists and Entrepreneurs, a nominally independent organization of private companies and businesspeople, is in fact closely controlled by the government and issues loans with no more than one per cent interest per annum to its member companies to finance their projects in such areas as animal husbandry, agricultural and food production and processing, and industrial development. According to unofficial reports, credit is not allocated on market terms. EBRD provided loans to a few private Small and Medium Enterprises (SME) in Turkmenistan and also extended a limited credit line to Government of Turkmenistan in 2016. There is no publicly available information to confirm whether the government or central bank respect IMF Article VIII.
Money and Banking System
The total assets of the country’s largest bank, Vnesheconombank, were TMT 27,775,073 or about USD 8 billion (at a rate of 3.5 manat per $1) as of December 31, 2016. The bank’s financial statements are published at . Vnesheconombank’s list of correspondent banks is available at . The assets of other banks are believed to be much smaller. All banks, including commercial banks, are tightly regulated by the state. Commercial banks are prohibited from providing services to state enterprises. The U.S. Export Import (EXIM) Bank announced in January 2010 that it had extended available financing to include long-term public sector transactions in Turkmenistan. Previously, EXIM had only been open for short- to medium-term public sector financing. Short-term financing is available for up to two years, medium-term for up to seven years, and long-term for up to 18 years. For private sector transactions, EXIM requires detailed financial information to enable the bank to reach a credit decision. Financial statements provided in support of the transaction should be audited by an affiliate of an international accounting firm and prepared in accordance with International Financial Reporting Standards (IFRS). Coverage under the Working Capital Guarantee Program requires that the transaction be supported by an irrevocable Letter of Credit issued by a bank acceptable to EXIM. Exceptions may be made for private sector transactions that are insured for comprehensive political and commercial risk. The Government of the United States of America and the Government of Turkmenistan have an Intergovernmental Agreement (IGA) in principle under the 2010 U.S. Federal Foreign Account Tax Compliance Act (FATCA), signed in July 2017.
State banks primarily service state enterprises and allocate credit on subsidized terms to state entities. Foreign investors are only able to secure credit on the local market through the Pakistan National Bank and EBRD equity loans. There is no capital market in Turkmenistan, although the 1993 Law on Securities and Stock Exchanges outlines the main principles for issuing, selling and circulating securities. The 1999 Law on Joint Stock Societies further provides for the issuance of common and preferred stock and bonds and convertible securities in Turkmenistan, but in the absence of a stock exchange or investment company, there is no market for securities. In late 2015, the President signed a decree on the issuance of government bonds for a term of up to five years on the basis of the refinancing rate of the Central Bank of Turkmenistan (five percent). The bonds have not yet been issued as of March 2018, although there are rumors that the state banks have been forced to buy government bonds. The Embassy is not aware of any official restrictions on a foreigner’s ability to establish a bank account based on residency status, though in practice foreigners may only open foreign currency accounts, not accounts in manat. There is no publicly available information on any rules on hostile takeovers.
Foreign Exchange and Remittances
Foreign Exchange Policies
The government tightly controls the country’s foreign-exchange flows. On January 1, 2009, Turkmenistan introduced the redenominated manat (TMT), which had a fixed exchange rate of 2.85 manat per USD 1 until January 1, 2015, when Turkmenistan devalued its currency against the U.S. dollar to TMT3.50 per USD. In October 2011, Turkmenistan adopted the Law on Hard Currency Control and the Regulation of Foreign Economic Relations as a step towards bringing the national legislation into compliance with international standards. The Central Bank controls the fixed rate by releasing U.S. dollars into the official exchange markets. Foreign exchange regulations adopted in June 2008 allow the Central Bank to provide banks with ready access to foreign exchange. These regulations also allowed commercial banks to open correspondent accounts.
In the last three years, the government has been unable to meet demand for U.S. dollars. It limited the amount of U.S. dollars that can be withdrawn per month to USD50 and imposed administrative procedures that make withdrawals more cumbersome (i.e., proof of residency is now required). On January 12, 2016, the Central Bank of Turkmenistan further restricted access to foreign currency and issued a press release preventing banks from selling U.S. dollars at the country’s exchange points. In addition, when an individual purchases foreign currency through a wire transfer (limited to the equivalent of a person’s and his/her immediate family members’ monthly salaries), the currency (at an exchange rate of 3.5 manat per USD) must be deposited onto the individual’s international debit card (Visa or MasterCard). The individual does not receive cash. There have been media reports throughout the year that Vnesheconombank has blocked the Visa cards of most of its customers without notice. Moreover, the TMT used to purchase the foreign currency must be transferred through the individual’s TMT account. If the individual wishes to pay cash, s/he must prove the origins of the cash with an official document. The government also introduced an amendment to the Administrative Offences Code that raises the fines for illegal foreign exchange transactions (i.e., selling and purchasing foreign currency via informal channels) and also trading in foreign currency on the territory of Turkmenistan.
The currency is not convertible, and an inability to convert enough TMT into a hard currency is problematic for many companies operating in Turkmenistan. Oil producers operating under the Petroleum Law (2008) receive a share of their profit in crude oil, which they ship to other Caspian Sea littoral states. In many cases, petrochemical investors have negotiated deals with the government to recoup their investment in the form of future petroleum products. Two American consumer goods companies have temporarily stopped production or importing their products in/to Turkmenistan due to their inability to convert local currency into hard currency. Similarly, several American companies are not being paid by various agencies and ministries of Turkmenistan for services and goods delivered. Converting the local currency and repatriating funds have become nearly impossible for foreign companies and their local distributors operating in Turkmenistan.
Turkmenistan imports the vast majority of its industrial equipment and consumer goods. The government’s foreign-exchange reserves and foreign loans pay for industrial equipment and infrastructure projects.
At the end of 2015, a black market for U.S. dollars emerged in Turkmenistan. During the period covered by this report, the manat fell from TMT6.2/USD on January 1, 2017 to TMT9/USD on December 24, 2017.
Foreign investors generating revenue in foreign currency do not generally have problems repatriating their profits; the problem lies with foreign companies earning manat. These companies struggle to convert and repatriate earnings. Some foreign companies receiving income in Turkmen manat seek indirect ways to convert local currency to hard currency through the local purchase of petroleum and textile products for resale on the world market. Since the government of Turkmenistan introduced numerous limitations on foreign currency exchange on January 12, 2016, converting local currency into a foreign currency has become nearly impossible. Some foreign companies have complained of non-payment or major delays in payment by the government. In June 2010, Turkmenistan became a full member of the Eurasian Group (EAG), a regional AML/CFT organization part of the Financial Action Task Force (FATF).
Sovereign Wealth Funds
The government maintains sovereign wealth funds, including a Stabilization Fund, but there is no publicly available information about these accounts. Auditing and oversight information related to these accounts is not publicly available.
7. State-Owned Enterprises
State-owned enterprises (SOEs) still dominate Turkmenistan’s economy and control the lion’s share of the country’s industrial production, especially in the sectors of onshore hydrocarbon production, transportation, refining, electricity generation and distribution, chemicals, transportation, and construction material production. Education, healthcare, and media enterprises are with rare exceptions state-owned and tightly controlled. State-owned enterprises are also heavily involved in agriculture, food processing, textiles, communications, construction, trade, and services. Although state-owned enterprises are often inefficient, the government considers them strategically important. While there are some small-scale private enterprises in Turkmenistan, the government continues to exert significant influence over these enterprises. There are no mechanisms to ensure transparency or accountability in the business decisions or operations of state-owned enterprises. There is no publicly available information on the total assets of SOEs, total net income of SOEs, the number of people employed by SOEs and the expenses these SOEs allocate to research and development (R&D). There is no published list of SOEs. Turkmenistan is not a member of the WTO and is not a party to the Government Procurement Agreement (GPA) within the framework of the WTO. SOEs are not uniformly subject to the same tax burden as their private sector competitors, as SOEs are entirely subsidized by the government.
Efforts to privatize former state enterprises have attracted little foreign or domestic investment. Privatization has been limited by the government to the service, trade, and agricultural sectors and includes facilities such as old cattle farms, shops, restaurants and tomato processing plants built several decades ago; most industry remains under state control. Outdated technology, poor infrastructure, and bureaucratic obstacles make privatized enterprises unattractive for foreign and local investors. One commonly sees the same assets listed month after month. The privatization process is moribund.
In November 2012, Turkmenistan adopted a national program related to the privatization of state-owned enterprises and facilities. The document identifies the main goals and procedures for privatizing state property. The program is scheduled to be implemented in three phases: in 2013 (privatization of small enterprises), during the period 2014-2015 (privatization of mid-size enterprises), and 2016 (privatization of large enterprises). The third phase actually started in 2017. The privatization of state enterprises in the sectors of construction, transportation, communications, and the creation of joint stock companies are part of the program. Strategic facilities, as identified by the government, are not subject to privatization, including those related to natural resources. Other property not subject to privatization includes objects of cultural importance, the property of the armed and security forces, government institutions, research institutes, the facilities of the Academy of Sciences, the integrated energy system, and the public transportation system.
The rules and procedures governing privatization in Turkmenistan lack transparency, leading to corruption. Foreign investors are allowed to participate in the bidding process only after they have been approved by the State Agency for Protection from Economic Risks under the Ministry of Finance and Economy. In December 2013, the parliament passed the Law on the Denationalization and Privatization of State Property, which took effect in July 2014. The Ministry of Finance and Economy reported that 36 and 30 facilities were privatized in 2015 and 2016 respectively under the State Program for Privatization of Enterprises and Objects of State Property in Turkmenistan for 2013-2016. There is no publicly available information as to how many facilities were privatized in 2017.
Despite official comments regarding the priority of the growth of the private sector, supporting privatization has been low on the government’s agenda. All land is government-owned, for example, and neither domestic nor foreign businesses can receive long-term land-use rights for “non-agricultural” purposes. While private citizens have some land usage rights, these rights exclude the sale or mortgage of land. Land rights can be transferred only through inheritance. Foreign companies or individuals are permitted to lease land for non-agricultural purposes, but only the cabinet of ministers has the authority to grant the lease.
The government has attempted to introduce an element of competition for state contracts by announcing international tenders for some projects. Often these projects are driven by political rather than economic considerations. The tender process, in addition, is often badly managed and nontransparent. On December 20, 2014, Turkmenistan adopted the Law on Tenders that went into effect on July 1, 2015. The law seeks to develop competition among bidders, ensure transparency and effective implementation of tender procedures, and compliance with international standards.
8. Responsible Business Conduct
The government does not have a definition of responsible business conduct (RBC) per se; instead it adopts and implements various policies and regulations that it states promote socially responsible business conduct. In the past, foreign companies operating in Turkmenistan were not required to implement social projects. Social project activities connected with doing business in Turkmenistan generally take the form of financial sponsorship of cultural or athletic events, providing academic scholarships to Turkmen students, or the construction of small-scale facilities, such as a medical clinics, to benefit the locality around a company’s facilities. There are no independent NGOs, investment funds, worker organizations/unions, or business associations promoting or monitoring RBC in Turkmenistan.
In March 2013, Turkmenistan introduced mandatory environmental insurance for all types of entities, enterprises and organizations carrying out potentially environmentally hazardous activities (except for government-financed organizations). This insurance program was adopted with the stated purposes of protecting the environment, raising environmental awareness, and increasing the responsibility of industries and businesses for violating environmental laws and regulations, and for preventing and responding to environmental disasters. The mandatory environmental insurance regulation includes a list of hazardous work and facilities subject to such insurance. The mandatory environmental insurance also applies to foreign legal entities, their branch offices and entrepreneurs. The State Committee for Environmental Protection and Land Resources conducts ecological inspections for companies’ compliance with regulations.
Turkmenistan is not a participant in the . It is also not clear whether the government of Turkmenistan follows the OECD Guidelines for Multinational Enterprises and the United Nations Guiding Principles on Business and Human Rights.
Resources to Report Corruption
There is no single specifically designated government agency responsible for combating corruption. In June 2017, Turkmenistan set up the State Service for Combatting Economic Crimes (SSCEC) to investigate officials and state-owned enterprises on corruption charges. The SSCEC, which reports regularly to the president, does not appear to be an independent, objective investigative body. There is no independent watchdog organization in the country that monitors corruption.
Although Turkmenistan has legislation to combat corruption, these laws are not generally enforced, and rampant corruption remains a problem. Formally, the Ministry of Internal Affairs (including the police), the Ministry of National Security, and the General Prosecutor’s Office are responsible for combating corruption. President Berdimuhamedov has publicly stated that corruption will not be tolerated. The opaque nature of Turkmenistan’s economic, financial, and banking systems provides fertile soil for corruption. In 2017, Transparency International ranked Turkmenistan 167 among 180 countries in the world in its Corruption Perceptions Index. American firms have identified widespread government corruption, usually in the form of bribe seeking, as an obstacle to investment and business throughout all economic sectors and regions. It is most pervasive in the areas of government procurement, the awarding of licenses and customs. In March 2014, the parliament adopted a law on Combatting Corruption that establishes a legal and institutional framework to help identify and prosecute cases of corruption. The law prohibits government officials from accepting gifts (in person or through an intermediary) from foreign states, international organizations and political parties. It also severely limits the ability of government officials to travel on business at the expense of foreign entities. Notwithstanding the 2014 law, corruption remains rampant. There are no NGOs involved in either monitoring or investigating corruption. Certain government officials including the traffic police officers find asking for bribes normal behavior. There are no indications that the government encourages or requires the private companies to prohibit bribery of public officials in reality.
10. Political and Security Environment
Turkmenistan’s political system has remained stable since Gurbanguly Berdimuhamedov became president in February 2007 and, with the exception of a reported coup attempt in 2002, there is no history of politically-motivated violence. There have been no recorded examples of damage to projects and installations.
The government does not permit political opposition and maintains a tight grip on all politically sensitive issues, in part, by requiring all organizations to register their activities. The Ministry of National Security and the Ministry of Internal Affairs maintain control over all aspects of people’s lives. Independent thinking is not encouraged and deviations from the current administration’s policies are often harshly punished. The country’s parliament passed a Law on Political Parties in January 2012 that defines the legal grounds for the establishment of political parties, including their rights and obligations. In August 2012, under the directive of President Berdimuhamedov, Turkmenistan created a second political party, the Party of Industrialists and Entrepreneurs. This pro-government party, created from the membership of the Union of Industrialists and Entrepreneurs, has a platform nearly identical to the President’s Democratic Party. The same is true for the Agrarian Party, which was created in September 2014 in an effort to move Turkmenistan towards a multi-party system. No politically-motivated demonstrations or violent actions were noted in 2017. Organized crime is rare, and authorities have effectively rooted out organized crime groups and syndicates. Turkmenistan does not publish crime statistics or information about crime.
11. Labor Policies and Practices
Labor issues are governed by the Labor Code of Turkmenistan (last amended in July 2009), the Social Welfare code, and a number of regulations approved by presidential resolutions. Turkmenistan joined the International Labor Organization in 1993. Unemployment and underemployment are major societal issues, particularly among Turkmenistan’s youth and in its rural communities. While the Government of Turkmenistan stopped releasing the official figures for unemployment, unofficial estimates range from 20-50 percent. Due to a severe shortage of jobs in the country, anecdotal evidence indicates that growing numbers of young Turkmen are emigrating to countries such as Turkey, Russia and other former Soviet republics. In order to stop the outward migration, the State Migration Service of Turkmenistan arbitrarily denies exit at the airport and border points to hundreds of citizens who are unemployed but want to travel abroad for various purposes. In February 2016, President Berdimuhamedov signed a decree ” which discriminates against residents from the regions, who want to seek employment in capital city Ashgabat. The decree introduces a work permit system by the Ministry of Labor and Social Protection, which may issue work permits for a maximum of one year. Ashgabat residents are given priority over non-residents for job openings in the city, thereby eliminating merit-based hiring. The government has also introduced a requirement that 90 percent of any firm’s workforce be Turkmen citizens.
The Law on Child Labor (2004) prohibits the employment of children under the age of 16 and makes employment in hazardous and harmful labor illegal for any individual under the age of 18. The government continues to be the largest employer in the country, with seventy to eighty percent of employment originating in the public sector.
Turkmenistan’s labor regulations require that all vacancies be posted at local employment offices. Most vacancies are for low-skilled jobs. Only a few state agencies post job advertisements in the local newspaper. Most government positions are filled through personal connections. Employment offices have not been effective tools in reducing unemployment, or in providing suitable candidates for international companies. Investors recruit directly, although candidates still pay a nominal fee to the relevant employment office. The Association of Trade Unions of Turkmenistan, the successor to the Soviet-era system of government-controlled trade unions, is the only trade union allowed in the country. The Association’s unions are divided along both sectorial and regional lines. The government increasingly seeks to prevent workers from other parts of the country from migrating to the capital, Ashgabat, in search of work. Due to low oil prices, the government has also taken steps to reduce expenses by laying off some public sector employees. Turkmenistan abolished a major government institution, the Ministry of Oil & Gas, on July 15, 2016. There have been many reports of ministries not meeting salary requirement of their employees. Article 294 of the Labor Code of Turkmenistan states that the courts handle employer-employee labor disputes. Disputes arising out of collective bargaining and collective agreements can be investigated by commissions on labor disputes, trade unions of enterprises, and the courts, as per Article 368 of the same code. Although the Labor Code allows for collective bargaining, in practice it is not used and the courts do not perform the labor dispute resolution function they are assigned. No strike took place in 2017 that would pose an investment risk.
The official workday in Turkmenistan is eight hours, with the standard workweek consisting of 40 hours over five days. The 2009 Labor Code reconfirmed a 40-hour work week, protected workers’ rights by promoting the role of trade unions, guaranteed job security by restricting short-term contracts, and extended the duration of annual leave from 24 calendar days to 30 calendar days. In practice, government and many private sector employees are required to work 10 hours per day and/or a sixth day without compensation. Health and safety regulations exist, but are not commonly enforced. Foreigners with the government’s permission to reside in Turkmenistan may work and are subject to the same labor regulations as citizens unless otherwise specified by law.
12. OPIC and Other Investment Insurance Programs
Turkmenistan signed an Investment Incentive Agreement with the United States in 1992, but there has been no investment insurance, investment guarantees or financing provided by the Overseas Private Investment Corporation (OPIC) for Turkmenistan.
13. Foreign Direct Investment and Foreign Portfolio Investment Statistics
Government data on most economic indicators, including Foreign Direct Investment (FDI), remain generally unavailable or unreliable. According to various independent analysts, however, most foreign investment is directed toward the country’s oil and gas sector. Such investments include three onshore production sharing agreements (PSAs): the Nebitdag Contractual Territory operated by ENI; the Khazar project operated jointly by the Turkmennebit state oil concern and Mitro International of Austria; and the Bagtyarlyk Contractual Territory operated by the China National Petroleum Corporation (CNPC). In addition, there are six PSAs for offshore operations: Block I operated by Petronas of Malaysia; Block II (Cheleken Contractual Territory) operated by Dragon Oil (UAE); Block III operated by Buried Hill (Canada); Block 23 operated by RWE of Germany; and Block 21 operated by Itera of Russia. RWE is in the process of terminating its PSA with the Government of Turkmenistan and closing down its Turkmenistan branch.
Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy
Table 3: Sources and Destination of FDI
Table 4: Sources of Portfolio Investment
14. Contact for More Information
9 Pushkin Street,
Ashgabat, Turkmenistan (+993 12) 94-00-45