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REGULATION

1. General

1.1. Regulation on Azerbaijan National Academy of Sciences (ANAS) High Technologies Park (hereinafter - Regulation) is made based on the Order No. 2425, dated on November 08, 2016 of the President of the Republic of Azerbaijan on establishment of Azerbaijan National Academy of Sciences (ANAS) High Technologies Park, “Model Regulation on Technologies Park” approved by the Decree No. 168, dated on May 15, 2014 of the President of the Republic of Azerbaijan, “Procedure for registration of technological business incubator residents, as well as maintenance of a register of technologies park residents and technological business incubator residents” approved by the Decision No. 257, dated on July 8, 2015 of the Cabinet of Ministers of the Republic of Azerbaijan, “Regulation on the Boards of Experts of Technologies Park” approved by the Decision No. 192, dated on May 15, 2015 of the Cabinet of Ministers of the Republic of Azerbaijan and the Charter of “ANAS High Technologies Park” Limited Liability Company. This Regulation governs the issues related to the management and operation of Azerbaijan National Academy of Sciences (ANAS) High Technologies Park.
1.2. The terms used in this Regulation shall mean as follows:
1.2.1. ANAS High Technologies Park (hereinafter referred to as - HT Park) – area with necessary infrastructure, material and technical base and management structures for conducting scientific researches and carrying out experimental and design work, applying (commercializing) their results in industry, service and other spheres in order to develop, process or improve innovative products and high technologies;
1.2.2. Authorized body in relation to HT Park – Azerbaijan National Academy of Sciences;
1.2.3. HT Park managing authority (hereinafter referred to as – managing authority) – “ANAS High Technologies Park” Limited Liability Company, state-owned commercial legal entity organizing, managing and improving the activities of HT Park;
1.2.4. HT Park operator – a legal entity selected by the competent authority by tender and ensuring performance of the functions assigned to it within the framework of the management agreement signed with the managing authority;
1.2.5. HT Park resident – a legal entity or an individual engaged in business activities without establishing a legal entity having received a registration certificate of the technology park and operating therein in the manner defined by this Regulation;
1.2.6. Exterritorial resident – legal entities and individuals engaged in business activities without establishing a legal entity having received a registration certificate of the technology park in the manner defined by this Regulation without managing offices, production facilities, structural units, other necessary production areas for business activities in the field of high technology and innovation directly locating at the HT Park and operating within its territory;
1.2.7. Innovation or high-tech project (hereinafter referred to as - innovation project) – a document containing the plan for conducting complex scientific researches, experimental and design work and marketing researches aimed at developing, processing or improving innovative products and high technologies, indicating the requirements for technical characteristics, opportunities and methods of application (commercialization) of the results in industry, services and other spheres, sources of funding, workforce capacity and duration;
1.2.8. Technological business incubator (hereinafter referred to as – incubator) – a structural unit of the technology park that supports individuals, legal entities or individuals engaged in business activities without establishing a legal entity engaged in innovation or new high-tech projects by providing incubation services in the early stages of their activities;
1.2.9. Incubator resident – an individual, legal entity or individual engaged in business activities without establishing a legal entity having received a registration certificate of the incubator and operating therein;
1.2.10. Incubation services – office and management support provided by the incubator to its resident for implementation of new projects on innovation or high technology, support for personnel training, obtaining financial resources, technical support, legal, marketing, rental, leasing and other services;
1.2.11. Technology transfer - applying (commercializing) the results of scientific researches and experimental and design work carried out in the technology park in industry, service and other spheres by realizing them;
1.2.12. Technology transfer center - a structural unit of the technology park providing services in the field of technology transfer between the technology park resident and legal entities and individuals operating in industry, services and other spheres and protection of intellectual property rights of the technology park resident;
1.2.13. Innovation funds – non-profit legal entities established by innovation activity subjects under the laws of the Republic of Azerbaijan and raising financial resources from sources not prohibited by law and directing them to the creation of innovation infrastructure, financing of innovation projects and programs;
1.2.14. Engineering and communication supplies – means and equipment for gas, heating, communication, electricity, water and sewerage supply necessary for operation of infrastructure facilities in the technology park;
1.2.15. Technology park infrastructure – complex of land plots, buildings, non-residential areas, road-traffic, social, cultural, public catering, administrative, engineering-communication supplies and other facilities providing the technology park activities.

2. Purposes and directions of HT Park activities

2.1. The purposes of HT Park activities are as follows:

2.1.1. sustainable development of the economy and increase in competitiveness;
2.1.2. expansion of the fields of innovation and high technology based on modern scientific and technological achievements;
2.1.3. establishment of modern complexes on conducting scientific researches and processing new technologies, development of innovation oriented small business and creation of new innovative enterprises;
2.1.4. development of competitive science-based production based on innovative and high technologies, creation of favorable conditions for provision of services and support of entrepreneurship in this field;
2.1.5. promotion of commercializing innovations, scientific researches, experimental work, inventions and discoveries, technology and their application in production in our country;
2.1.6. reducing the dependency of economy on oil and gas factor using the scientific and innovative potential;
2.1.7. transfer of high technologies and increasing the specific share of science-based products in the economy;
2.1.8. increasing the employment of able-bodied population;
2.1.9. For the interests of the state, support HT Park residents for protection facilities, special technical equipment, design, experimental work, supplies and production activities in the territory of HT Park based on the relevant license (permission).
2.2. The directions of HT Park activities are as follows:
2.2.1. development of innovative entrepreneurship, creation of favorable conditions for development of new types of activities and products;
2.2.2. implementation of measures for transfer and mastering of advanced technologies;
2.2.3. carrying out activities for establishment of innovation zones, incubation services, technology transfer centers to process and apply science-based products, technologies;
2.2.4. conducting scientific researches and carrying out experimental and design work, applying (commercializing) their results in industry, service and other spheres;
2.2.5. strengthening relations between science and production for creation of innovative economy in the country, creating necessary mechanisms for conducting applied scientific researches conforming to the market needs;
2.2.6. stimulating competitive production by improving innovative activeness, creating necessary mechanisms for carrying out innovation activities, implementing measures for provision of efficient use and improvement of innovative potential;
2.2.7. carrying out activities to form an innovation system ensuring the use, mastering and spread of new expertise and technology in Azerbaijan according to the needs of information society by applying international good practice.

3. Organization, management and improvement of the activities of HT Park

3.1. The managing authority is responsible for organizing, managing and improving the activities of HT Park under the laws of the Republic of Azerbaijan, this Regulation and HT Park Development Conception.

3.2. An operator may be involved by tender under the decision of the competent authority in order to ensure more efficient management of HT Park. The operator shall manage the HT Park under the management agreement signed between him/her and the managing authority of HT Park.
3.3. The managing authority and operator are responsible for HT Park activities. The main responsibility of the operator is to perform the functions assigned under the management agreement on HT Park management. The managing authority and operator shall not act as the resident of HT Park (incubator).
3.4. The management agreement signed between the managing authority of HT Park and operator shall specify the following, considering the provisions of this Regulation:
3.4.1. Rights, responsibilities and liabilities of the parties in organizing, managing and improving the activities of HT Park;
3.4.2. Procedure for allocation of costs and revenues regarding organizing and managing the activities of HT Park;
3.4.3. Management agreement term;
3.4.4. Conditions for operating and storing HT Park infrastructure;
3.4.5. Procedure for resolution of disputes arising between the parties and other provisions not contradicting the legislation.
3.5. The following measures shall be taken for organizing the activities of HT Park:
3.5.1. The area allocated for the activities of HT Park shall be brought to a usable condition;
3.5.2. HT Park infrastructure shall be created and it shall be improved in the following directions in order to develop competitive science-based production, create favorable conditions for provision of services and support entrepreneurship in this field:
3.5.2.1. the territory, road-traffic, management, social infrastructure of HT Park shall be improved;
3.5.2.2. engineering and communication supplies – ensure that means and equipment for gas, heating, communication, electricity, water and sewerage supply necessary for operation of infrastructure facilities in HT Park are constant, high quality and consistently in good condition.
3.5.3. Incubator and technology transfer center shall be established and efficiently managed;
3.5.4. Provision of services regarding conduction of scientific researches and experimental and design work in order to develop, process or improve innovative products and high technologies shall be organized according to the profile of activity;
3.5.5. Scientific and technological innovative experiment exchange shall be made with different countries of the world in order to develop the ecosystem in our country;
3.5.6. Enterprises which are the residents of HT Park shall be supported;
3.5.7. To raise investments for technological projects:
3.5.7.1. Organizes coordination of activities such as implementation of innovative projects, development of testing-examination and prototypes and commercialization of science with international cooperation and grant programs, as well as involvement of potential donors on its own account and supports the residents in this field;
3.5.7.2. Carries out creation of favorable conditions for financing innovation projects, raising and promoting investments and relevant organizational work;
3.5.7.3. Creates relevant conditions for raising venture financings and capitals in the form of provided state budget or local budget assets, state budget and extra-budgetary funds, public organizations involving in the enterprise activities, foreign investors, funds of international financial organizations etc. with relevant budgets;
3.5.8. Supports the transfer of high technology from developers to various sectors of industry, as well as improvement of partnership between public and private sectors of economy;
3.5.9. Creates sustainable cooperation between HT Park, its residents and educational institutions, scientific research institutions;
3.5.10. Affordable rental fees are applied for HT Park residents;
3.5.11. Supports the development of business incubators and startup projects, the activities of established model enterprises;
3.5.12. Other structural units may also be established in HT Park for improvement of innovation activities and expansion of scientific activities, in addition to incubator and technology transfer center.
3.6. The following measures shall be taken for improving the activities of HT Park:
3.6.1. To increase the competitiveness of science-based high-tech products in international arena:
3.6.1.1. necessary work shall be done to increase the opportunities of access to international markets;
3.6.1.2. innovative development practices and problems based on the developed countries` expertise shall be studied, necessary work shall be done for using them in realization of HT Park development strategy;
3.6.2. international scientific and technical cooperation, including making and developing cooperation with foreign partners, foreign technology parks and their associations;
3.6.3. ensures expansion and improvement of activities of the technological incubator;
3.6.4. necessary work shall be done for application of exterritorial residency in the future in order to develop residency in HT Park;
3.6.5. necessary measures shall be taken to establish innovation funds;
3.6.6. organizes the establishment of a complex containing residential, social, healthcare, educational, cultural, public catering, sport, recreational and other facilities for social welfare of HT Park residents` employees and families.
3.7. Infrastructure facilities established by the managing authority of HT Park shall be considered public property.
3.8. Production area, equipment and appliances provided on the account of HT Park resident funds in order to conduct scientific researches and carry out experimental and design work shall be considered the resident property.

4. Functions of the competent authority

4.0. The functions of the competent authority are as follows:

4.0.1. Provide assistance to the managing authority regarding organization, management and improvement of the activities of HT Park;
4.0.2. Make an annual report on the activities of HT Park and submit to the President of the Republic of Azerbaijan;
4.0.3. Take measures for determining priorities in the fields of conduction of scientific researches and experimental and design work, development, processing or improvement of innovative products and high technologies according to the profile of activity of HT Park;
4.0.4. Select an operator by tender;
4.0.5. Submit proposals to the President of the Republic of Azerbaijan regarding liquidation of HT Park;
4.0.6. Perform other functions defined by this Regulation.

5. Managing authority of HT Park

5.1. Functions of the managing authority:

5.1.0. The functions of the managing authority are as follows:
5.1.0.1. Take measures regarding organization, management and improvement of the activities of HT Park;
5.1.0.2. Serve to the infrastructure of HT Park, ensure its normal operation, carry out current and overhaul repair;
5.1.0.3. Promote the activities of HT Park, organize the work regarding development, processing or improvement of innovative products and high technologies in HT Park;
5.1.0.4. Supervise the compliance with the terms and conditions of the agreements signed with the residents of HT Park (incubator) on conduction of HT Park`s (incubator`s) activities, eliminate violations under those agreements and take measures to compensate the damage done;
5.1.0.5. Provide the activities of HT Park with relevant infrastructure, including transport, communication lines, utilities and other necessary services;
5.1.0.6. Establish the structural units referred to in paragraph 3.5.12 of this Regulation and ensure their operation;
5.1.0.7. Organize office, consulting, training, vocational training, financial, marketing, legal, logistics, communication, security, technical support, leasing, promotional services and other services necessary for efficient activity in HT Park;
5.1.0.8. Conduct activities in HT Park, provide assistance to the residents of HT Park (incubator) regarding compliance with legislative acts and HT Park`s Regulation;
5.1.0.9. Coordinate mutual activities among HT Park`s (incubator`s) residents, as well as between them and public and local self-governing bodies over the directions of activities, develop public and private partnership over the relevant sphere;
5.1.0.10. Carry out other functions defined by this Regulation and the management agreement.
5.2. Responsibilities of the managing authority:
5.2.0. The managing authority shall carry out the following according to its functions defined by this Regulation, activities of HT Park and its Charter:
5.2.0.1. Register HT Park residents in the manner defined by this Regulation, and incubator residents in the manner prescribed by the decision No.257, dated on July 08, 2015 of the Cabinet of Minister of the Republic of Azerbaijan;
5.2.0.2. Register HT Park residents in the manner defined by this Regulation over the principle of exterritorial residency, as well as maintain a register of them accordingly;
5.2.0.3. Provide a registration certificate to HT Park and incubator residents in the manner prescribed by the decision No.257, dated on July 08, 2015 of the Cabinet of Minister of the Republic of Azerbaijan;
5.2.0.4. Organize mutual relations of science and production in the field of high technologies and innovations;
5.2.0.5. Maintain and develop a scientific and technical potential of HT Park, use the potential of HT Park in the field of high technologies and innovations for strengthening the economy, support improvement of the role of innovative technology in the economy, as well as consequentially increase public information resources in this field;
5.2.0.6. Take part in organization and implementation of international cooperation on high technologies;
5.2.0.7. Increase the efficiency of the state innovation policy by expanding and developing the activities of HT Park according to the development priorities of modern world technologies and using the world practice;
5.2.0.8. Follow and analyze the new scientific achievements on high technologies and innovations in facilities under higher education institutions, as well as other scientific research institutions and promote the application of those outcomes in HT Park;
5.2.0.9. Create and develop a data information bank on innovative scientific research work in higher education institutions, as well as other scientific research institutions of our country;
5.2.0.10. Coordinate the activities of HT Park with affiliate technology parks operating in the field of high technologies and innovations in different foreign countries and develop cooperation;
5.2.0.11. Creates relevant conditions for raising venture financings and capitals in the form of provided state budget or local budget assets, state budget and extra-budgetary funds, public organizations involving in the enterprise activities, foreign investors, funds of international financial organizations etc. with relevant budgets;
5.2.0.12. Develop business incubators and startup projects, organize the establishment process of model enterprises;
5.2.0.13. Submit the semiannual report on the activities and development of HT Park, as well as its own annual financial report to the competent authority together with the auditor opinion;
5.2.0.14. Creates relevant conditions for the competent authority and other public agencies to exercise their powers prescribed by law in HT Park;
5.2.0.15. Coordinate the activities of local and foreign scientific research institutions, as well as higher education institutions with the residents of HT Park (incubator), make cooperation in the fields of science and technology and innovation in order to conduct scientific researches and carry out experimental and design work according to HT Park`s profile of activity;
5.2.0.16. Make normative documents regulating the activities of HT Park within its authorities and submit to the competent authority for approval;
5.2.0.17. Organize the activities of business incubators, funds, technology transfer and scientific research centers;
5.2.0.18. Take measures for involvement of residents;
5.2.0.19. Lease the property which is in the disposal of HT Park and considered as public property to the residents;
5.2.0.20. Provide consulting and other services to the residents, take measures for protection of copyrights and intellectual property rights;
5.2.0.21. Organize examination of the projects intended to be implemented in the territory of HT Park;
5.2.0.22. Organize corporate management systems in HT Park according to the international standards;
5.2.0.23. Provide services such as distribution of heating and electricity, water and gas, drainage of waste water and collection of domestic waste;
5.2.0.24. Perform other functions according to this Regulation.
5.3. The rights of the managing authority:
5.3.0. The managing authority has the following rights to perform its functions:
5.3.0.1. Make proposals on development and regulation of the activities of HT Park and submit them to the competent authority;
5.3.0.2. Make negotiations and involve individuals and legal entities regarding conduction of scientific researches and experimental and design work aimed at developing, processing or improving innovative products and high technologies in HT Park;
5.3.0.3. Conclude an agreement with HT Park (incubator) residents on perform operations in this technology park (incubator);
5.3.0.4. Make a development concept of HT Park having agreed with the competent authority;
5.3.0.5. Obtain reporting-statistical and forecasting data about the activities of HT Park (incubator) residents and conduct monitoring on their activities;
5.3.0.6. Require the payment of monthly determined amount from overall profit made out of innovative projects implemented by HT Park residents based on the agreement concluded with HT Park residents under this Regulation and the laws of the Republic of Azerbaijan;
5.3.0.7. Sign a management agreement with the operator, in case the relevant operator is selected, and supervise the performance of the functions arising out of the management agreement by the operator;
5.3.0.8. Take part in inspections conducted by public authorities on HT Park (incubator) residents;
5.3.0.9. Conduct monitoring of the activities of HT Park and incubator residents;
5.3.0.10. Make proposals to improve the legislation in the field of high technologies and innovations, provide recommendations on improving the legislation regarding the protection of intellectual property rights in the field of high technologies;
5.3.0.11. Take part in the process on application of the outcomes of scientific researches in the field of high technologies and innovations in different spheres of entrepreneurship related to the residents of HT Park;
5.3.0.12. Take part in determination of priorities of development in the field of high technologies and the activities of HT Park;
5.3.0.13. Establish institutions, including funds regarding the activities of HT Park, as well as innovation funds, business incubators, scientific research and technology transfer centers and other specialized service centers;
5.3.0.14. Make investments in the infrastructure facilities of HT Park, make profit from those investments and HT Park management;
5.3.0.15. Pursue free tariff policy based on the proposals of the competent authority for services provided by the managing authority;
5.3.0.16. Make negotiations with foreign organizations and technology parks of foreign countries, as well as foreign credit institutions and donors, conclude cooperation agreements, and join their associations and other unions within the framework of its authorities and in the manner prescribed by law;
5.3.0.17. Conclude agreements in order to ensure and develop the activities of HT Park;
5.3.0.18. Make requests to public and self-governing bodies, legal entities and individuals regarding the activities of HT Park (incubator) residents in this technology park (incubator) on HT Park (incubator) residents and receive such information (documents) from them;
5.3.0.19. Adopt decisions and orders on the activities of HT Park, as well as receive other documents and monitor their execution;
5.3.0.20. Involve independent experts and specialists in its activities;
5.3.0.21. Participate in international events, including forums, conferences, expos and other events and organize such events in our country and abroad;
5.3.0.22. Support innovative initiatives (startups) on high technologies, and hold competitions, promotional events, seminars and trainings;
5.3.0.23. Make proposals on improvement of working and socio-living conditions, financial well-being and protection of health of employees of the managing authority and HT Park`s other structural units;
5.3.0.24. Exercise the rights on the public property which is in its disposal;
5.3.0.25. Exercise other rights according to this Regulation.

5.4. Revenues of the managing authority:
5.4.1. Revenues of the managing authority are made from the following sources:
5.4.1.1. Profit made from leasing of HT Park areas;
5.4.1.2. Fees received for management of HT Park;
5.4.1.3. State budget and extra-budgetary funds;
5.4.1.4. Cash inflows from business activities on innovation and other fields of activity of the managing authority, and from investments of investors;
5.4.1.5. Loans, grants and donations;
5.4.1.6. Profit made from investments made by the managing authority in HT Park`s infrastructure facilities;
5.4.1.7. Services provided under paragraph 5.1.0.7 of this Regulation for efficient operation in HT Park, payments made by HT Park residents under paragraphs 5.3.0.7 and 6.2.15.3 of this Regulation and other unforbidden sources.
5.4.2. HT Park areas shall be leased to the residents of HT Park (incubator) by the managing authority.
5.4.3. The fee for management of HT Park shall include the costs for maintenance of HT Park infrastructure under subparagraph 5.1.0.2 of this Regulation and those costs shall be paid by the residents of HT Park. The fee for management of HT Park shall be determined by the managing authority considering profits and losses.
5.4.4. The costs for services such as provision of the areas used by leasing with gas, heating, communication, electricity, water, sewerage and collection of domestic waste shall not be included in the costs referred to in paragraph 5.4.3 of this Regulation and shall be paid by the residents of HT Park separately.
5.4.5. The share of HT Park resident in the costs referred to in paragraph 5.4.3 of this Regulation shall be determined according to the profitability of innovative projects implemented.
5.4.6. In case the relevant operator for management of HT Park is selected, revenues referred to in paragraph 5.4.1 of this Regulation shall be distributed in the manner defined by the management agreement.

6. Residents of HT Park


6.1. Basis of the activities of HT Park residents:

6.1.1. The resident of HT Park shall conduct its activities at HT Park in accordance with this Regulation and the agreement concluded with the managing authority (operator);
6.1.2. Individuals and legal entities must register in the manner specified in this Regulation to operate at HT Park and obtained the registration certificate of HT Park;
6.2. Acceptance of individual entrepreneurs and legal entities to the residency of HT Park (as well rejection from the acceptance to the residency) and their registration. Loss of the status of HT Park residency:
6.2.1. Registration and registry HT Park (incubator) residents, as well as, extraterritorial residents of HT Park and the issuance of relevant registration certificates to them are implemented by the managing authority of HT Park.
6.2.2. Individuals and legal entities apply to the managing authority electronically and in writing to register as HT Park resident (both on the principle of territorial and extraterritorial residency). Total term of registration procedure is 20 (twenty) business days from the date of registration of the application. The application must state:
6.2.2.1. full name and organizational – legal form of the applicant who is a legal entity;
6.2.2.2. surname, name and patronymic of the applicant who is an individual;
6.2.2.3. address and contact details of the applicant;
6.2.2.4. name and brief content of innovation and high technology project;
6.2.2.5. a list of documents attached to the application.
6.2.3. The following documents are attached to the application:
6.2.3.1. a list of persons that will operate at HT Park under innovation and high technology project;
6.2.3.2. information on entrepreneurship activity of the applicant (if any);
6.2.3.3. business plan of innovation and high technology project;
6.2.3.4. presentation reflecting detailed content of innovation and high technology project presented for the purpose of HT Park residency and developed in relevant software;
6.2.3.5. information on the commercialization of innovation and high technology project.
6.2.4. The managing authority registers the application and issues a reference certifying the registration to the applicant. The managing authority controls the compliance of the application and documents attached to it with the requirements of this Regulation within three business days from the date of registration of application. If the application is not made in relevant form and (or) all documents to be attached to it are not submitted, the managing authority, stating those deficiences, informs the applicant in writing within three business days from the date of registration of application. In this case the flow of registration term is suspended and suspended term is not included in general term of registration procedure.
6.2.5. The applicant must eliminate those deficiencies at the latest within fifteen business days from the receipt of written information. The flow of general term of registration procedure is restored after the elimination of deficiencies by the applicant.
6.2.6. The Managing authority shall send innovation project submitted by the applicant to the Board of Experts of HT Park for assessment.
6.2.7. The authorized body establishes the Board of Experts of HT Park. The Board of Directors shall operate in accordance with the Regulation approved by the resolution no. 192 dated May 15, 2015 od the Cabinet of Ministers of the Republic of Azerbaijan.
6.2.8. The innovation project submitted by the applicant is assessed based on the following criteria:
6.2.8.1. The compliance of project with the profile of HT Park;
6.2.8.2. The compliance of project with priorities in the implementation of scientific research works and practical – design works and in the preparation, development and improvement of innovation product or high technologies;
6.2.8.3. project being innovation or high technology oriented.
6.2.9. The compliance of the innovation project submitted by the applicant with the criteria specified in 6.2.8 of this Regulation is assessed by the Board of Experts of HT Park in the manner specified in the Regulation on the Board of Experts.
6.2.10. The Board of Experts of HT Park shall submit its opinion on the fact that whether the innovation project submitted by the application complies or not with the criteria specified in clause 6.2.8 of this Regulation to the managing authority no later than the fifteenth business day of the general term of registration procedure.
6.2.11. If the Board of Experts of HT Park has an opinion on non – compliance of the innovation project with the criteria specified in clause 6.2.8 of this Regulation, as well, deficiencies found in the application and documents attached to it are not eliminated within the term specified in clause 6.2.5 of this Regulation, the managing authority shall make a decision on the rejection of registration of the applicant as a HT Park resident and informs the applicant in writing.
6.2.12. The managing authority shall make a decision on the registration of the applicant as a HT Park resident within the general term of registration procedure based on the opinion of the Board of Experts of HT Park on compliance of the innovation project with criteria specified in clause 6.2.8 of this Regulation and submit the registration certificate of HT Park to the applicant. Individuals and legal entities are considered to be HT Park resident from the date of issuance of HT Park registration certificate.
6.2.13. The resident of HT Park shall conclude agreement on its activities at HT Park with the managing authority (operator) and lease agreement on the area where it will operate with managing authority within thirty days after receiving registration certificate (except for extraterritorial residents).
6.2.14. Agreement concluded between the managing authority (operator) and HT Park resident on the implementation of activities at HT Park should reflect:
6.2.14.1. Scientific research works and practical – design works to be conducted at HT Park, innovation product or high technologies to be developed and works and services;
6.2.14.2. date of commencement of works under the innovation project;
6.2.14.3. the amount of fee for HT Park management, as well as, services organized for effective activities at HT Park and payment terms;
6.2.14.4. term of contract;
6.2.14.5. rights, duties and responsibilities of Parties;
6.2.14.6. rule for the settlement of disputes between Parties.
6.2.15. The duties of HT Park resident are as follows:
6.2.15.1. arrange its activities in accordance with the legislation of the Republic of Azerbaijan, this Regulation and agreement concluded with the managing authority (operator);
6.2.15.2. pay lease fees and costs related to the maintenance of HT Park;
6.2.15.3. pay the amount determined monthly from total revenues generated from innovative projects implemented to the managing authority of HT Park based on agreement concluded with the managing authority of HT Park according to this Regulation and the legislation of the Republic of Azerbaijan;
6.2.15.4. making reporting and statistical information on its activities, submit it to the managing authority and create conditions for monitoring by the managing authority;
6.2.15.5. submit reporting and statistical information on its activities to the managing authority based on its request;
6.2.16. Agreement on the activities at HT Park is concluded for a term defined by the consent of Parties. If either Party has not submitted a notification to the other party on the cancellation of agreement thirty days prior to the end of agreement, agreement shall be considered extended for the previous term.
6.2.17. If HT resident doesn’t commence works under the innovation project within the term specified in the agreement, the managing authority (operator) shall submit a notice to the HT Park resident. The notice may define for HT Park resident an additional term no more than a year for commencing works under the innovation project.
6.2.18. Agreement on the activities at HT Park can be terminated in the following cases:
6.2.18.1. if the term of agreement expires;
6.2.18.2. at the request of HT Park resident, notifying the managing authority (operator) three months prior;
6.2.18.3. if HT Park resident doesn’t commence works under the innovation project within the term specified in the notice issued in accordance with clause 6.2.17 of this Regulation, at the initiative of the managing authority (operator);
6.2.18.4. if HT Park is abolished;
6.2.18.5. in other cases specified in the Civil Code of the Republic of Azerbaijan.
6.2.19. Termination of agreement on activities at HT park based on those mentioned in clause 6.2.18 of this Regulation shall cause the cancellation of lease agreement on the area where HT Park resident operates, the registration of HT Park resident and the registration certificate.
6.2.20. In case agreement on activities at HT park on the basis mentioned in clause 6.2.18 of this Regulation is terminated, HT park resident shall determine the destiny of production area, equipment and plants under its ownership choosing one of the followings:
6.2.20.1. privatization of production area, equipment and plants by HT Park resident;
6.2.20.2. deconstruction and destruction (utilization) of production area, equipment and plants by HT Park resident;
6.2.20.3. acceptance of production area, equipment and plants by the managing authority (operator) by agreement or its deconstruction, transportation and destruction (utilization) and payment of costs related to those works by HT Park resident;
6.2.21. The managing authority (operator) must assist HT Park resident in the settlement of issues mentioned in 6.2.20 of this Regulation.
6.2.22. The applicant shall be entitled to appeal in an administrative manner and by court from the decision on the rejection from being registered as a HT Park resident, and the HT Park resident shall be entitled to appeal from the cancellation of its registration and agreement on the activities at HT Park.
6.2.23. The authorized body of HT Park and the managing authority shall not be responsible for the obligations of HT Park resident.
6.3. State support for HT Park residents and promotional actions at HT Park:
6.3.1. The following promotional actions can be determined for the purpose of state support for HT Park residents and HT Park:
6.3.1.1. promotional actions on tax and customs;
6.3.1.2. provision of HT Park with infrastructure;
6.3.1.3. determination of lease fee of land area in the lower limit;
6.3.1.4. provision of concessional loans;
6.3.1.5. simplification of administrative procedures;
6.3.1.6. organization of services for the effective implementation of entrepreneurship activities;
6.3.1.7. application of concessional tariffs for the sale of heat and electricity, water and gas, discharge of wastewater and collection of household wastes;
6.3.2. Legal entities and individuals to be registered as HT Park resident under the extraterritorial principle at HT Park may use all relevant concessions regardless of the place of their activities.



7. Residents of technological business incubators of HT Park

7.1. Basis of the activities of incubator residents:

7.1.1. Incubator resident shall conduct its activities at the incubator in accordance with the legislation of the Republic of Azerbaijan, this Regulation and agreement concluded with managing authority (operator).
7.1.2. Legal entities and individuals must register as the resident of incubator and obtain registration certificate of incubator in order to operate in the incubator.
7.1.3. Legal entities and individuals are considered incubator resident from the date of the issuance of registration certificate.
7.2. Acceptance of legal entities and individual entrepreneurs in the residency of incubator (as well as rejection from acceptance to residency) and their registration. Loss of the status of incubator resident:
7.2.1. Legal entities and individuals shall apply to the managing authority electronically or in writing to be registered as incubator resident. The application must state:
7.2.1.1. full name and organizational – legal form of the applicant who is a legal entity;
7.2.1.2. surname, name and patronymic of the applicant who is an individual;
7.2.1.3. address and contact details of the applicant;
7.2.1.4. name and brief content of innovation project;
7.2.1.5. a list of documents attached to the application.
7.2.2. The following documents are attached to the application:
7.2.2.1. a list of persons that will operate at the incubator under innovation project;
7.2.2.2. information on entrepreneurship activity of the applicant (if any);
7.2.2.3. business plan of innovation project;
7.2.2.4. presentation reflecting detailed content of innovation project and developed in relevant software. Innovation projects presented to operate at incubator differ from innovation and high technology project presented for the purpose of HT Park residency for the lower level of commercialization.
7.2.3. The managing authority accepts the applicant’s application and gives the document certifying the registration to the applicant.
7.2.4. General term of registration procedure is 20 (twenty) business days from the registration date of the application.
7.2.5. The managing authority investigates the application received within 20 (twenty) business days, accepts one of the following decisions and informs applicant:
7.2.5.1. the compliance of innovation project with the purposes of the incubator and assessment criteria defined and registration of the applicant as the incubator resident;
7.2.5.2. failure to register the applicant as the incubator resident due to non – compliance of the innovation project with the aims and objectives of the incubator, direction of its activities or relevant criteria;
7.2.6. If deficiencies not causing the rejection for registration as incubator resident are found in the application presented, those documents must be returned to the applicant for the elimination of those deficiencies stating them with deficiencies by the managing authority. After the elimination of those deficiencies documents are re – submitted to the managing authority within 5 (five) business days.
7.2.7. The assessment of projects submitted for incubator is conducted from the perspective of the project by the managing authority and a decision is made independently. The assessment of projects by the managing authority is conducted according to the opinion of special internal commission established and in this case, meetings are held with the applicants who applied and presentations of the applicants on the contents of the project are listened. Internal commission assesses the compliance of innovation project presented by the applicant with the priorities of the incubator and based on the criteria set by the managing authority.
7.2.8. Internal commission established by the managing authority expresses its opinion on innovation projects presented by the applicant when its innovation projects are presented, as well at the meeting convened in case of necessity regarding the fulfillment of the duties of the commission and submits it to the managing authority no later than the last 5 (five) business days of general term of registration procedure. Relevant commission of the managing authority may include the specialists of the authorized body, its bodies and external organizations.
7.2.9. If relevant commission of the managing authority has a negative opinion on the innovation project, as well deficiencies found in the application and documents attached to it are not eliminated within the term defined, the managing authority shall make a decision to reject the registration of the applicant as incubator resident within the general term of registration procedure and informs the applicant in writing.
7.2.10. The managing authority, making a decision on the registration of the applicant as incubator resident within the general term of registration procedure based on the opinion of the relevant internal commission, defines the term for the innovation project to be implemented in the incubator and submits the registration certificate of the incubator to the applicant. Legal entities and individuals are considered to be the incubator resident from the date of issuance of registration certificate of the incubator.
7.2.11. Incubator resident shall conclude an agreement on conducting activities at the incubator with the managing authority (operator) and lease agreement on the area where it will operate (except for land area) with the managing authority within 30 (thirty) days after receiving registration certificate. Agreement is signed for a period of no more than 3 years.
7.2.12. Agreement on conducting activities at the incubator shall reflect:
7.2.12.1. rights and duties of parties;
7.2.12.2. the amount of service fee presented at the incubator and payment terms;
7.2.12.3. term of agreement and rules for termination;
7.2.12.4. settlement of disputes between parties;
7.2.12.5. other provisions not contrary to the legislation.
7.2.13. Services are rendered for the incubator resident in accordance with the agreement signed after allocating relevant place for it and it is supplied with equipment and objects mentioned in lease agreement.
7.2.14. Documents and information on the projects of residents operating at the incubator are considered confidential. Disclosure of those documents and information is possible only in the cases specified by the requirements of existing legislation or the terms and conditions of agreement concluded.
7.2.15. If there is justified application of the incubator resident and a positive opinion of internal commission, the terms of project and agreement are extended. The extension of agreement term is confirmed by additional agreement. Operation of the resident at incubator for one project cannot exceed 3 (three) years.
7.2.16. The incubator resident may register as HT Park resident in appropriate manner after the expiration of agreement on conducting activities at incubator or early cancellation of agreement.
7.2.17. If incubator residents don’t comply with the requirements of the Republic of Azerbaijan, as well as, the requirements of other regulatory acts and agreements concluded regulating the activities of HT Park, their registration is cancelled by the managing authority unilaterally. As well, when the legal entity which is the incubator resident is liquidated and individual who is the incubator resident suspends its activity, their registration is cancelled by the managing authority.
7.2.18. Incubator resident may not be HT Park resident at the same time.
7.2.19. The applicant shall be entitled to appeal in an administrative manner and by court from the decision on the rejection from being registered as an incubator resident, and the incubator resident shall be entitled to appeal from the cancellation of its registration and agreement on the activities at the incubator.
7.2.20. The authorized body of HT Park and the managing authority shall not be responsible for the obligations of incubator residents.

8. The Board of Experts of HT Park

8.1. The composition, basis of activities and main functions of the Board of Experts:

8.1.1. The Board of Experts is established by the authorized body of HT Park and operates under public basis.
8.1.2. The Board of Experts is organized with the participation of the representatives of state authorities, scientific, educational, investment, private and non – government organizations and the independent local and foreign experts.
8.1.3. The composition of the Board of Experts is approved by the authorized body.
8.1.4. The Board of Experts conducts its activities in accordance with the legislation of the Republic of Azerbaijan, “Regulation on the Board of Experts of Technologies Park” approved by the Resolution No. 192 dated May 15, 2015 of the Cabinet of Ministers of the Republic of Azerbaijan, as well, this Regulation.
8.1.5. The Board of Experts is established for the purposes of assessment of innovation or high technology project submitted by the applicants applied in relation to the registration as a HT Park resident and preparation of relevant opinion, implementation of projects, scientific - research and practice – design works, learning advanced experience and achievements in the preparation and development of innovation product and making suggestions on their application.
8.1.6. Main duties of the Board of Experts include:
8.1.6.1. make an opinion on the innovation project of applicants;
8.1.6.2. make an opinion on technical and economical justifications related to the application and production of high technologies, scientific results and innovative products developed at HT Park;
8.1.6.3. execute other duties specified by the authorized body and managing authority.
8.1.7. The Board of Experts has the following rights to fulfill their duties:
8.1.7.1. provide suggestions to the authorized body and managing authority in the development and improvement of the activities specialized in HT Park;
8.1.7.2. receive necessary information from state bodies, scientific and educational institutions in specified manner within its powers;
8.1.7. 3. In case of a need for detailed expertise of innovation and high technology projects, involve qualified specialists (experts).

9.Use of land areas of HT Park

9.1. The managing authority shall carry out control over the land area under the state ownership at the territory of HT Park in the manner specified by this Regulation within the term of activity of HT Park.

9.2. Land areas under the state ownership at the territory of HT Park shall be used for the activities, development, expansion of activities of HT Park and HT Park residents, construction of production facilities of scientific – research nature and for high technologies and innovations, improvement of social conditions of employees and other purposes.
9.3. Use of land areas of HT park is carried out on the basis of agreement concluded between HT Park resident and the managing authority.
9.4. Land areas at the territory of HT Park are leased to HT Park residents in accordance with the term of agreement on conducting activities at HT Park.
9.5. It is not allowed to sublease the land area leased to HT Park resident to other persons or for purposes other than those mentioned in the agreement on conducting activities at HT Park.
9.6. Termination of agreement on conducting activities at HT Park is the basis for the cancellation of lease agreement on land area concluded with HT Park resident.

10.Financing related to the activities of HT Park

10.1. The organization of HT Park activities is financed from the funds of state budget, revenues of the managing authority and other sources not prohibited.


11. Abolishment of HT Park

11.1. Decision on the abolishment of HT Park is made by the President of the Republic of Azerbaijan.

11.2. Abolishment of HT Park doesn’t cause the liquidation of its managing authority.