Uzbekistan embraces the language of international law and becomes part of the global financial system

The President of Uzbekistan signed the Constitutional Law “On the Tashkent International Financial Center”.

In the legal hierarchy of the state, a Constitutional Law ranks immediately after the Constitution. This means that no agency, no instruction and no by-law may contradict its provisions. For an investor, especially an international one, this is the highest form of legal guarantee: capital flows to where it cannot be taken away tomorrow.

The signing of the Constitutional Law was accompanied by amendments to the Basic Law and dozens of legislative acts — the Criminal, Civil, Tax and Customs Codes, as well as laws on banks, securities, investment, auditing and many others.

Article 15 of the Constitution has been supplemented with a provision stating that a special legal regime may be established in special zones within the country's unified legal space. This legitimizes the existence of the TIFC as a jurisdiction with different rules within Uzbekistan, without contradicting the Basic Law.

Article 131 of the Constitution has been supplemented with a provision allowing for the establishment of specialized courts in zones with a special legal regime, which forms the constitutional basis for the Tashkent International Commercial Court.

The Tashkent International Financial Center is being established as an independent entity with clearly defined boundaries that cannot be arbitrarily reduced once it becomes operational.

The legal system of the TIFC is based on English law and the principles of equity of England and Wales. This is the very system under which the world’s largest financial centers operate. It is familiar and well understood by global banks, investment funds and multinational corporations. In other words, it is the language of international capital.

All decisions taken by the center's bodies are published in the official register in English, which is an important signal for foreign participants. The translation barrier, which often becomes a source of dispute, is eliminated here from the outset.

Particular attention should be paid to the establishment, within the TIFC, of the Tashkent International Commercial Court, which will become an institution of trust. The court enjoys full independence, and no agency or state body has the right to instruct it or interfere in its activities. Judges may be citizens of any state — specialists in international trade law, finance, technology and arbitration — which opens the way to attracting judges of international standing and reputation.

It is also important that the rulings of the Tashkent International Commercial Court are binding throughout the territory of Uzbekistan and cannot be reviewed by the country’s ordinary state courts, except in strictly defined cases. The court consists of a court of first instance and a court of appeal.

The law establishes a clear and exhaustive list of protective mechanisms for TIFC participants. First and foremost is the prohibition on confiscation, nationalization, expropriation and the freezing of assets other than by court order and strictly in accordance with the law.

Participants of the Tashkent International Financial Center are guaranteed freedom of capital movement and the right to conduct transactions in foreign currency and digital assets within the limits established by the Financial Services Authority together with the Central Bank of Uzbekistan. The right to freely repatriate capital is also provided for — that is, the ability to transfer profits abroad without administrative obstacles.

A separate set of provisions sets out the tax and customs regime. The TIFC's bodies and the structures under their control are exempt from corporate income tax and the social tax. This benefit is fixed until 1 January 2076 — that is, for 50 years. This is not a tactical incentive but a strategic guarantee designed to span a change of generations.

The list of services that participants may provide within the center covers the entire spectrum of the modern financial industry. These include banking and insurance activities, management of investment and pension funds, trust structures, leasing, crowdfunding, Islamic finance, work with digital assets, market-making, and transactions with securities of all classes — shares, bonds, sukuk and derivatives.

In addition to the financial sector, activity is permitted in auditing, consulting, legal and accounting services, corporate governance, and financial-technology (fintech) startups. Provision is also made for the establishment of holding companies, special-purpose vehicles and treasury companies.

The law also establishes a special visa regime for foreign nationals working at the Tashkent International Financial Center. An entry visa valid for up to five years can be obtained directly at Tashkent International Airport. Foreign specialists may be hired without obtaining work permits in Uzbekistan, which significantly simplifies the recruitment of global talent.

The Tashkent International Financial Center is governed through four bodies: the TIFC Council, the Administration, the Financial Services Authority, and the Tashkent International Commercial Court. Each operates within strictly defined powers and has no right to interfere in the sphere of competence of another.

The composition of the Council is approved by the President of Uzbekistan. At least one-third of the Council's members must be independent specialists in international finance and law who have never held positions within the government system of Uzbekistan. This serves as a safeguard against the governing body turning into just another administrative structure.

Council members (other than the chairperson) are appointed for a term of five years and may be removed early only on grounds provided for by law. The stability of the governing body's composition is another form of predictability for market participants.

Thus, the creation of the Tashkent International Financial Center is not merely another economic development project. It is a declaration of intent, enshrined at the highest legal level. Uzbekistan wants — and is ready — to become part of the global financial system as a fully-fledged platform operating under clear, internationally recognized standards.

Half a century of tax incentives, English law, an independent international court, constitutional guarantees for the protection of capital, and simplified visa procedures — each of these elements is, on its own, a competitive advantage. Together, they form a system capable of attracting long-term, institutional, smart capital.

Dildora Kamalova
Member of the Legislative Chamber of the Oliy Majlis of Uzbekistan

(Dunyo IA)