The Statute of the Ministry of Foreign Affairs
of the Republic of Tajikistan
Approved by the
Decree of the Government of Republic of Tajikistan
Dated 28th December 2006 № 593
I. General Provisions
1. The Ministry of Foreign Affairs of the Republic of Tajikistan ( from here on referred to as Ministry) constitutes one of the central institutions of executive power involved in state-run administration of international relations of the Republic of Tajikistan with foreign states as well as international organizations.
2. In it's external activities the Ministry follows the guidelines outlined in the Constitution of the Republic of Tajikistan, constitutional laws and laws of the Republic of Tajikistan, decrees and executive orders of the President of the Republic of Tajikistan, executive regulations and decrees of the Government of the Republic of Tajikistan, Foreign Policy Conception, the present Statute as well as international laws acknowledged by the Republic of Tajikistan.
3. The structure of the Ministry contains the following structures: diplomatic representations and consulates of the Republic of Tajikistan in foreign states, representations of the Republic of Tajikistan in international (inter-state, inter-governmental and regional) organizations (from here referred to abroad-based organizations), and territorial sub-offices - that is, representations of the Ministry within the Republic of Tajikistan.
4. The Ministry conducts its activities in close cooperation with other central agencies of the executive branch of the government, local bodies of the government, legal entities irrespective of their legal organizational forms.
II. Duties
5. The Ministry implements the following tasks within specified domain of its activities:
- develops overall foreign policy strategy of the Republic of Tajikistan and submits adequate proposals to the President of the Republic of Tajikistan;
- implements foreign policy course of the Republic of Tajikistan, contributes to consolidation of international prestige of the Republic of Tajikistan;
- controls and coordinates international activities of other agencies of executive branch of the Republic of Tajikistan in order to promote a single political course defined by the Republic of Tajikistan in its relations with foreign states and international organizations;
- contributes to coordinated interaction of executive bodies with legislative and judicial bodies with the purpose of bringing international activities of these bodies as well as their officials in line with the principle of single foreign policy course of the Republic of Tajikistan to fulfill its international obligations;
- guarantees, through diplomatic means, the protection of sovereignty, security, territorial integrity, inviolability of borders, economic and other interests of the Republic of Tajikistan in its relations with foreign states and international organizations;
- protects rights and interests of citizens and legal entities of the Republic of Tajikistan abroad;
- arranges diplomatic and consular relations of the Republic of Tajikistan with foreign states and international and regional organizations;
- guides activities of diplomatic and consular representations of the Republic of Tajikistan abroad as well as its representations within international and regional organizations;
- monitors implementation of international treaties of the Republic of Tajikistan;
- takes necessary measures for ensuring compliance to laws and norms of the Republic of Tajikistan that relate to international relations;
- generalizes and develops proposals for improving legislation of the Republic of Tajikistan in the sphere of international relations;
- gives consideration to issues of legal status of foreign nationals within the territory of the Republic of Tajikistan;
- directs activities of central bodies of press, radio and television, legalizes activities of mass media of foreign states on the territory of the Republic of Tajikistan, becomes involved in press-conferences and other types of activities with foreign press with the purpose of informing them on foreign policy issues of the Republic of Tajikistan;
- to assist in establishing contacts with fellow nationals living abroad;
6. the Ministry in accordance with the above-mentioned tasks implements the following duties:
- represents the Republic of Tajikistan in its relations with foreign states and international organizations;
- increases the role of the Republic of Tajikistan as a member of international community involved in resolving global and regional problems;
- implements foreign policy strategy of the Republic of Tajikistan;
- in accordance with established procedure, develops and submits proposals to the President of the Republic of Tajikistan and the Government of the Republic of Tajikistan on issues of the Republic of Tajikistan's relations with foreign states and international and regional organizations based on the analysis of an array of all bilateral and multi-lateral relations and international issues;
- develops new drafts of international treaties of the Republic of Tajikistan, prepares proposals for making, fulfilling, terminating and discontinuing treaties and, in accordance with established procedure, submits these suggestions to consideration of the President and Government of the Republic of Tajikistan;
- negotiates with foreign states and international and regional organizations;
- carries out general monitoring over implementation of international treaties of the Republic of Tajikistan, participates in preparation of proposals for adjusting the legislation of the Republic of Tajikistan in accordance with its international obligations;
- participates in elaboration of policies and practical measures needed for guaranteeing rights and freedoms of citizens of the Republic of Tajikistan, its defense and security as well as expanding its trade, economic and financial relations, technical-scientific, cultural and other mutual exchanges of the Republic of Tajikistan with foreign states and international and regional organizations;
- arranges participation of the Republic of Tajikistan in the sessions of the United Nations Organization, the Organization for Security and Cooperation in Europe, the Commonwealth of Independent States, and other international and regional organizations, conferences, forums, assists in increasing the role of the Republic of Tajikistan as a member of international community in resolving global and regional problems;
- provides necessary conditions for the operation of central office (of the Ministry), abroad-based organizations, territorial sub-offices - representations of the Ministry within the territory of the Republic of Tajikistan, organizations under the Ministry's administration;
- in accordance with established procedure, submits proposals to the President and the Government of the Republic of Tajikistan on organizational, financial and other issues related to its activities;
- gives its consent to corresponding executive bodies to disseminate official information related to issues of foreign policy course of the Republic of Tajikistan, publication of dates of upcoming visits of leaders of the Republic of Tajikistan as well as visits of leaders of foreign states and international and regional organizations to the Republic of Tajikistan, including press coverage of these visits;
- provides legal protection and coordination of mass media activities of foreign states on the territory of the Republic of Tajikistan;
- assists in dissemination of information on foreign and domestic policies of the Republic of Tajikistan to foreign audience, including social, economic, cultural and spiritual life in the country;
- participates in procedural (protocol) assistance for international exchanges and engagements on the highest and high levels, exercises control over observance of diplomatic and consular privileges and immunities;
- contributes to inter-parliamentary and other external relations of Majlisi Oli of the Republic of Tajikistan;
- informs abroad-based organizations on issues of foreign and domestic policies;
- ensures operation of a single state system of registration and record of international treaties of the Republic of Tajikistan;
- ensures permanent custody of original documents (of certified copies, official translations) of international treaties of the Republic of Tajikistan, archival depository of foreign policy of the Republic of Tajikistan, record-keeping and utilization of documents being on permanent custody in the Ministry's archive;
- provides for personnel staffing of the central office (of the Ministry), abroad-based organizations, the Ministry representations on the territory of the Republic of Tajikistan, organizations under the Ministry's administration; organizes trainings, retraining and professional improvement of personnel within diplomatic services;
- arranges for consular services on the territory of the Republic of Tajikistan and abroad, provides, in accordance with established procedure, consular, informational, and consulting and other types of services;
- in accordance with international norms, ensures protection of rights and freedoms of fellow nationals living abroad;
- in accordance with established procedure, processes passport and visa documentations;
- in accordance with established procedure, certifies signatures of officials of the Republic of Tajikistan for documents intended for use abroad and, in certain cases, arranges legalization of foreign documents;
- ensures implementation of communication through diplomatic couriers employing necessary measures and means for protection of diplomatic mail during its transportation;
- within limits of its competence, participates in the process of adjudicating citizenship issues;
- in order to ensure compliance to international obligations by the Republic of Tajikistan, renders assistance to functioning of foreign diplomatic and consular representations on the territory of the Republic of Tajikistan;
- cooperates with governmental authorities of the Republic of Tajikistan, local authorities, public associations;
- exercises control over compliance to the State protocol by government agencies of the Republic of Tajikistan during realization of intrastate and inter-state activities by the Republic of Tajikistan;
- participates in the work of government commissions responsible for resolving issues falling under the Ministry's competence;
- within limits of its competence, takes measures jointly with corresponding executive bodies to guarantee security and protection of abroad-based organizations, their staff and members of family;
- in accordance with established procedure, takes measures jointly with corresponding executive bodies to guarantee partial or total evacuation of abroad-based organizations, their personnel, experts and other citizens of the Republic of Tajikistan in cases of emergencies in a country of residence;
- within limits of its competence, publishes instructions and regulations on an array of issues related to external relations, which are obligatory for all ministries and executive departments, organizations and citizens; monitors its execution;
- organizes and guarantees, within limits of its responsibility, safety of cryptographic activities and communications as well as secrecy order within the Ministry and abroad-based organizations;
- assists in providing necessary occupational, housing, cultural and general conditions for employees of the Ministry and its structures;
- gives consideration to letters from citizens (allegations and complaints), exercises control over the question of timely and objective resolution of issues outlined in them that relate to activities of the Ministry;
- fulfils other functions stipulated in the legislation of the Republic of Tajikistan.
7. In order to fulfill the assigned tasks, the Ministry has the right:
- to receive, in accordance with established procedure, from governmental authorities, local authorities, enterprises, institutions and organizations, irrespective of their legal organizational forms and departmental subordination, documents, reference and other materials that are necessary for resolving issues falling within competence of the Ministry;
- in accordance with established procedure, to transfer information to the above-mentioned authorities, enterprises, departments and organizations;
- to maintain diplomatic correspondence (including memos, aid-memoire and so on) with foreign embassies, missions and consulates on the territory of the Republic of Tajikistan. Other ministries and departments, in compliance to the present clause, maintain their correspondence through the Ministry of Foreign Affairs by exchanging letters;
- to monitor compliance of drafts of international treaties of the Republic of Tajikistan to the legislation of the Republic of Tajikistan and international laws;
- in accordance with established procedure, to introduce new drafts of laws and regulations on issues of foreign policy and diplomatic services to the President and the Government of the Republic of Tajikistan;
- to inform the President and the Government of the Republic of Tajikistan about those activities of government agencies and their officials which entail violation of the principle of unity of foreign policy of the Republic of Tajikistan or non-compliance to international obligations by the Republic of Tajikistan or violation of procedurally established coordinating role of the Ministry in conducting single foreign policy of the Republic of Tajikistan;
- if the activities of representatives of executive bodies, state agencies, organizations and enterprises abroad contradict the established procedures, to submit adequate proposals regarding these violations to the President and the Government of the Republic of Tajikistan;
- in accordance with the legislation of Republic of Tajikistan, to resolve issues relating to creation, reorganization and liquidation of organizations under the Ministry's administration, to deliver or dismiss appointments to these organizations;
- to utilize, in the established procedure, resources derived from legally authorized types of activities on the territory of the Republic of Tajikistan for the Ministry's expenses;
- to utilize, according to established procedure, resources derived from legally authorized types of activities abroad;
- to request from other ministries and departments, irrespective of their organizational and legal forms, information and materials necessary for dealing with issues falling under the Ministry's competence;
- in accordance with corresponding ministries and departments, scientific and research institutes of the Academy of Sciences of the Republic of Tajikistan, to delegate realization of certain researches related to foreign policy issues;
- to utilize upon consent of the Government of the Republic of Tajikistan and according to established procedure, extra-budgetary funds, derived from rendering consulting and other types of services, for the purpose of funding the development of physical infrastructure of the Ministry as well as social needs of its employees.
8. The Ministry, in accordance with established procedure, introduces new proposals, to corresponding government structures, on improvement of financial and social welfare of its employees, organizes logistical support of its embassies, permanent representations, consulates and other jurisdictional agencies; to make arrangements for capital construction and maintenance of main buildings using funds from the republican budget. According to established procedure, carries out tenders and state contracts for placement of orders, delivery of goods, various works and services for the Ministry, including implementation of scientific and research projects for state needs.
9. Exercises responsibilities of the main disburser and recipient of cash assets from republican budget specified for maintenance of the Ministry and implementation of its functions.
10. The Ministry, within limits of its competence, guarantees protection of information pertaining to state secret.
11. The Ministry, within limits of its responsibilities, has a right to adopt regulatory legal acts that are obligatory for the ministries, state committees, and other legal and natural persons.
12. In its activities, the Ministry does not possess a right to exercise controlling and monitoring functions as well as functions relating to state property management except for those specified in the regulatory legal acts.In the exercise of legal regulation of activities, the Ministry does not have a right to determine functions and responsibilities of central offices of executive authorities, local executive authorities, and local authorities not stipulated by constitutional laws and laws of the Republic of Tajikistan, decrees of the President and the Government of Republic of Tajikistan; additionally, the Ministry does not have a right to impose limitations on exercise of rights and freedoms of citizens, commercial and non-profit organizations with the exception of cases in which a possibility of imposing such limitations is stipulated by the Constitution of the Republic of Tajikistan, constitutional laws and laws of the Republic of Tajikistan adopted on the basis and in execution of the Constitution of the Republic of Tajikistan, decrees of the President and the Government of the Republic of Tajikistan, decrees of authorized central offices of executive power.
III. Organization of Activities
13. The Ministry of Foreign Affairs of the Republic of Tajikistan is headed by the Minister appointed and dismissed from the office by the President of the Republic of Tajikistan.
The Minister is personally responsible for implementation of responsibilities placed on the Ministry as well as realization of state policies in the designated sphere of activities.
The Minister has several deputies, including the first deputy appointed and dismissed from the office - upon recommendation of the Minister - by the President of the Republic of Tajikistan.
The number of deputies is determined by the Government of the Republic of Tajikistan.
14. Structural departments of the Ministry constitute territorial, functional and administrative departments and offices.
15. The Minister:
- directs the activities of the Ministry, authorizes the provisions regulating the work of structural sub-departments of the central office of the Ministry, determines the authority of certain Ministry officials;
- issues orders, directions and instructions, gives directions regarding activities of central office of the Ministry, abroad-based organizations, territorial sub-offices - representations of the Ministry on the territory of the Republic of Tajikistan;
- contributes, according to the established procedure, suggestions to the President and the Government of the Republic of Tajikistan on appointment and recall of ambassadors of the Republic of Tajikistan to foreign states and representatives of the Republic of Tajikistan under international (inter-state, inter-governmental) organizations, on appointment and recall of heads of state and governmental delegations of Republic of Tajikistan at negotiations;
- represents the Republic of Tajikistan at bilateral and multilateral negotiations; under the instructions of the President and the Government of the Republic of Tajikistan, approves international treaties of the Republic of Tajikistan;
- authenticates letters of credence and letters of recall for Ambassadors and Envoys of the Republic of Tajikistan abroad, instrument of ratification of international treaties of the Republic of Tajikistan, authenticates and approves full powers of representative of the Republic of Tajikistan to approve treaties and participate at the UN General Assembly sessions and other the UN structures, international conferences and negotiations, approves full powers of Charge d'Affairs of the Republic of Tajikistan and consular patents;
- receives new diplomatic representatives in connection with their upcoming delivery presentations of credentials to the President of the Republic of Tajikistan, as well as approves full powers of new the Charge d'Affairs;
- in coordination with interested executive departments, authorizes consular districts, consuls of the Republic of Tajikistan abroad as well as foreign consuls on the territory of the Republic of Tajikistan, issues exequatur to foreign consuls;
- represents the Ministry in its relations with state authorities of the Republic of Tajikistan, state authorities of foreign states, as well as international and regional organizations;
- authorizes personnel arrangements of abroad-based organizations within the limits of set salary fund and number of employees, including estimate of expenditure for maintenance of abroad-based organizations within the limits of allocated budgetary provisions;
- within the limits of his/her competence, appoints and releases from office heads of central office of the Ministry and abroad orgnizations as well as other employees of the Ministry structure;
- according with established procedure, recommends employees for state rewards of the Republic of Tajikistan and conferral of honorific titles of the Republic of Tajikistan; establishes departmental rewards and awards them; employs other types of incentives;
- according with the established procedure, confers diplomatic ranks starting from attaché to counselor of the first rank, also presents petitions to the President of the Republic of Tajikistan for conferral of diplomatic ranks of the Ambassador of the Extraordinary and Plenipotentiary, the Envoy of Extraordinary and Plenipotentiary of the first and second class;
- exercises other rights in accordance with the legislation of the Republic of Tajikistan.
16. In cases of the Minister's absence, the responsibilities of the Minister are performed by the first deputy, or - on the instructions of the Minister - one of deputies of the Minister.
17. In the Ministry, a board consisting of seven people - The Minister (chairman of the board), his/her deputies (according to official positions) as well as other heads of the Ministry structure - is being formed.The number and personnel of the board of the Ministry, except for officials included in its composition according to their official positions, are authorized by the Government of the Republic of Tajikistan.The board deals with the most important issues of the Ministry's activities and takes adequate decisions.The decisions of the board are taken on the basis of the majority votes of its members in the form of decrees and carried out in practice, as a rule, by orders of the Minister. In cases of disagreement of opinion between the Minister and the board, the Minister proceeds with his/her own decision, reporting on the emerged disagreements, in accordance with the established procedure, to the President and the Government of the Republic of Tajikistan.
18. For the purpose of developing scientifically established proposals on issues of foreign policy of the Republic of Tajikistan the Ministry can establish scientific and consulting, methodic and expert councils.
19. The composition of and provisions for councils are approved by the Minister. Office management of the above mentioned councils is handled by the central office of the Ministry.
20. The Ministry, in accordance with established procedure, publishes journals, bulletins, and other printed publications on issues relating to its activities.
21. Financing of expenditures on maintenance of central office of the Ministry, as well as departments which according to the Administration chart constitute part of the Ministry's administration are covered, in accordance with established procedure, at the expense of allocations from the republican budget, special funds and self-sustaining activities.
22. Statute on the Ministry of Foreign Affairs of the Republic of Tajikistan, structure of its central office, administration chart, number of employees and salary fund of the central office of the Ministry is approved by the Government of the Republic of Tajikistan.
23. Ministry possesses a property which is entailed to it by the Government of the Republic of Tajikistan on right of operational administration.
24. In accordance with established procedure, the Ministry can establish enterprises, institutions and organizations which are deemed necessary for its activities.
25. The Ministry of Foreign Affairs of the Republic of Tajikistan is a legal person, has a seal with the image of State emblem of the Republic of Tajikistan and with its own title, seal and stamps, its own accounts in banks of the Republic of Tajikistan and is financed from single treasury account of the Ministry of Finances of the Republic of Tajikistan.
26. In accordance with the legislation of the Republic of Tajikistan, within the Ministry no formations of groupings of political parties, religious associations and other public organizations can be established with the exception of professional unions.
27. Control over activities of the Ministry is exercised by the President and the Government of the Republic of Tajikistan.27. Address of the Ministry of Foreign Affairs of the Republic of Tajikistan - Dushanbe, Rudaki avenue 42.