II. Summary and Analysis of the Law
A. General Effect and Application
C. Legal Basis for Restrictions on Foreign Investment
D. Guarantee of Legal Stabilization
E. Enterprises with Foreign Investment
F. Branch Offices and Representative Offices
G. Nationalization and Confiscation ("Requisition")
I. Guarantee of Repatriation or Other Use of Profits, Re-Exportation, Reinvestment
J. Use of International Arbitration
A consideration of the most recent changes in Tajikistan's foreign investment law in 1999 reveals a small, tentative step forward in creating an investment climate that will attract foreign capital. It also uncovers some potential pitfalls of which foreign investors should be aware, and shows that Tajikistan must continue to seek to address the most important concerns of foreign investors in order to increase the country's attractiveness as a recipient of foreign investment. Tajikistan's amendments to the Law on Foreign Investment should also be seen in light of changes in investment law that occurred throughout the countries of the CIS following the adoption of a new Law on Foreign Investment by the Russian Federation in the summer of 1999. Though several of the elements contained in the Russian law have been included in the Tajik legislation, Tajikistan has chosen a course of incremental changes, and thus Tajik legislation on foreign investment has begun to diverge in important aspects from that of Russia.
The most substantial changes from earlier versions of Law on Foreign Investment involve the elimination of much of the specific rules applicable to foreign investment. This follows the pattern the established in earlier versions of the law that began removing specific requirements that apply to foreign investment, such as the removal of the provisions setting forth favorable tax rates available to enterprises with foreign investments that were removed in the 1999 amendments. Thus the Law on Foreign Investment no longer comprehensively regulates all areas of interest to the foreign investor, and one must look increasingly to other laws and administrative regulations for the details governing foreign investment.
Another important change allows for the registration of foreign investments (enterprises with foreign investment) with a State Notary's Office, rather than directly with the Ministry of Finance, which must provide a certificate of financial status. Though such language might appear to ease the bureaucratic burden for a potential foreign investor, the law is somewhat unclear in terms of what is required for representative offices, branch offices, and other separate subdivisions of enterprises with foreign investment which are not legal entities, the requirement being merely that they be registered by a "duly authorized authority". Still other changes, such as the removal of the exemption of personal property of foreign employees of a joint venture from customs duty and import tax, may be seen by the foreign investor as an impediment to investment in Tajikistan.
Yet most provisions in the current Law on Investment have remained unchanged. Witness articles that: (a) protect foreign investments on the territory of Tajikistan from nationalization, except when taken in accordance with Tajik law and for compensation; (b) allow foreign investors to acquire buildings and rights to land and other natural resources in accordance with Tajik law; and (c) permit the unrestricted repatriation of hard currency earnings of any type. Although previously enacted, many foreign investors believe that the enforcement of such provisions has been distinctly lacking. In addition, the law is full of vague definitions, unclear terms, and contradictory provisions, all of which contribute to an investment climate of uncertainty and instability.
The Government of Tajikistan has no doubt sought to create a foreign investment regime that will attract foreign investors while at the same time placating the fears that many domestic interests harbor of such investors. The potential benefits of the current law are undercut by the presence of limitations that leave investors with weak guarantees. The true test will come in the implementation of the law, as some provisions of the law still have yet to be applied: if it is implemented in a manner that unduly hinders the activities of foreign investors, then investors may find few significant changes and perhaps an even more restrictive legal environment.
Although overall the current law might be considered an improvement in the statutory basis for foreign investment, it will continue to be necessary for Tajikistan to address several of the more serious issues that face potential investors, such as the tax code, shareholder rights, land ownership, and enforcement of judicial decisions. And no less important than these legal questions, the continued improvement and normalization of the political situation in Tajikistan will have an important influence on the country's ability to attract foreign investment.
Tajikistan's law "On Foreign Investments in the Republic of Tajikistan" (the "Law"), which was last amended on December 11, 1999, sets forth basic guarantees of the rights of foreign investors and provides limited clarification of the legal regime under which foreign investors and others conduct foreign investment activities. These changes to the Law passed originally on March 10, 1992, follow prior amendments in 1996 and 1997.
The Law applies to all foreign investors, though under the Law it is envisaged that the creation of banks with foreign investment will be governed by separate legislation on banks and banking activity. There are specific provisions in the Law for foreign investors, enterprises with foreign investment, which enjoy the status of legal persons, and affiliates, branch offices, and other subdivisions of foreign commercial entities.
And though Article 7 provides that foreign investors and enterprises with foreign investment may engage in any type of activity that is not prohibited by law, Article 4 set outs a list of concrete types of foreign investment that may be made in Tajikistan: (a) by acquiring shares of enterprises and organizations jointly with legal entities and citizens of the Republic of Tajikistan; (b) by establishing enterprises belonging entirely to foreign investors; (c) by the acquisition of property, including shares and securities; (d) by acquiring the right independently to use land and other natural resources and property rights, or jointly with the participation of legal entities and citizens of the Republic of Tajikistan; and (e) By signing agreements with legal entities and citizens of Tajikistan providing for other forms of foreign investment.
The Law defines several terms. The definition of "Foreign Investor" is rather broad, including foreign legal entities, foreign entities that are not legal entities, foreign citizens and Tajik citizens permanently residing abroad, stateless persons, foreign states, and international organizations (Article 3). It is interesting to note that in the most recent legislation of the Russian Federation, citizens of that country permanently residing abroad were removed from the status of foreign investor.
"Foreign Investment" is vaguely defined in Article 1 as all types of property and intellectual property rights invested by foreign investors in entrepreneurial activity and other types of activities that produce income (profit) or achieve social goals in the Republic of Tajikistan. This is further defined to include the following: (a) money, special bank deposits, shares stocks and other securities; (b) moveable and immoveable property (buildings, structures, equipment, and other material assets); (c) property rights flowing from copyrights, know-how, experience, and other intellectual property; (d) rights to use land and other natural resources, as well as other property rights. Investments for the replenishment of operating business funds may take the form of capital investments. "Investment Activity" is defined as "all actions of citizens, legal entities, and states to generate income" (Article 2), a definition that glaringly omits those forms of business organizations, such as partnerships, branches, and representative offices, which are not legal persons.
The Law defines the term "Enterprise with Foreign Investment" simply to mean any enterprise created with the participation of foreign investors (joint ventures) or any enterprise belonging solely to foreign investors. Thus the law as written would appear to apply to all Tajik entities with foreign owners, irrespective of the amount of foreign ownership or of whether such ownership was achieved upon establishment of the entity, by later acquisition through a capital contribution, or by later acquisition through a secondary market transaction.
Presumably, therefore, a large Tajik enterprise with a single foreign investor, who owns a single share of stock in the enterprise, can qualify as an enterprise with foreign investment, although this is likely to have little practical effect, as the Law requires higher levels of foreign participation for its most substantial benefits. For example, Article 19 states that enterprises with foreign investment whose authorized capital is composed of at least 30% foreign capital, enjoy the privilege of exporting their own production, as well as importing goods for their own economic activities without obtaining any export or import licenses.
The Law also makes provision for representative offices, branch offices, and other subdivisions of enterprises of enterprises with foreign investments, but makes no attempt to define them.
Article 6 of the Law states that legislative acts of the Republic of Tajikistan may establish regions, in its territory for which the activities of foreign investors and enterprises with foreign investment are either limited or prohibited for the sake of ensuring "foreign interests". It is unclear what exactly is meant by this - are these restrictions to protect the "foreign interests" of the foreign investor or of the Government of Tajikistan? One possible interpretation of this Article is that it would permit the Tajik government to restrict foreign investment in these territories on the grounds of national interest.
Additionally, Article 7 grants that "legislative acts of the Republic of Tajikistan provide for a list of activities in which foreign investors and enterprises with foreign investment may engage only on the basis of a special permission (license)". Presumably the grounds and standards which the Government would apply in deciding whether to grant such a license would also be included in this separate legislation.
Although it is at least encouraging that the Tajik government has appeared to have undertaken an obligation to justify any prohibitions or restrictions it may impose on foreign investors, such broad terms as "foreign interests" (or "national interest") place little real limit on what the Government of Tajikistan might chose to restrict or prohibit, and thusly provide the foreign investor with few details concerning his rights.
The current Tajik Law on Foreign Investment contains no guarantee of "legal stabilization". Previously, Article 8 of the Law had contained a provision stating that if the Law were modified or amended, and as a result investment conditions worsen within the next ten years, the law valid at the time of the initial investment would apply. There are reports that this language has now been incorporated in Tajik tax legislation. Though this language had the defect of being extremely vague, in the sense of not defining what would constitute "worsened investment conditions", it did seek to address a common concern of the foreign investor, that being the protection against unforeseen legal changes that might greatly reduce the value of his investment. This is a particular concern for investors in states undergoing profound legal and market transitions.
Thus, the fact that the current Law does not seek to provide any such guarantees might be seen as major impediment in attracting larger amounts of foreign investment to Tajikistan. This is particularly true in light of recent developments in the foreign investment legislation of other countries in the CIS, which have sought to strengthen guarantees of legal stabilization, at least for those enterprises with foreign investment meeting certain capitalization requirements. Such guarantees are particularly useful in the areas tax and customs regulation.
The Law provides certain limited benefits and privileges to enterprises with foreign investment (EFIs). In case of nationalization or confiscation, all EFIs have the same rights as foreign investors (see Section H, below). As stated in Section B, according to Article 12, "enterprises with foreign investment" means "enterprises with the participation of foreign investors (joint ventures) and enterprises belong exclusively to foreign investors. Thus the foreign investor is given the choice of operating through a joint venture with a Tajik partner, or through a solely owned enterprise. This marks an improvement from earlier legislation that had largely restricted foreign investors to establishing joint ventures. But despite this change, it is likely that most foreign investors in Tajikistan will continue to prefer to operate through the form of a joint venture.
Under Article 19, EFIs that have at least 30% foreign investment enjoy the additional privilege of importing goods for their own economic activities and to export their own production without obtaining import or export licenses.
Article 14 sets forth the procedures for the mandatory registration of enterprises with foreign investment. Though the Article appears under Section III "Creation and Activities of Enterprises with Foreign Investment", it more often speaks of "registration", leaving one with the assumption that such enterprises might also need to be "created" according to the usual requirements of the Tajik Civil Code and other relevant legislation. If this is indeed the case, if an entity is to be created with EFI status (for example, a Tajik company that has foreign founders), such entity must undergo two registration procedures: first, to create the entity and second, to register its EFI status. Registration as an enterprise with foreign investment takes place at a State Notary Office, "in accordance with a certificate on financial status issued by the Ministry of Finance. Any agency that has registered an EFI is required to notify the Ministry of Finance within 10 days of the registration. An application may be rejected solely on the basis of a violation of the legislation for "creating" enterprises with foreign investment or if the documents are deemed insufficient. The refusal of an application for registration may be appealed in court.
The passage above referring to violations in the "creation" of an enterprise with foreign investment is confusing, as Article 14 generally provides for the "registration" and not "creation". Therefore, one is unsure as to whether the Law is referring to a possible violation of its own provisions, or to other legislation. This uncertainty is compounded by the provision stating that EFIs shall become "legal entities from the moment of their registration". The Article also contains a list of all necessary documents in order to effectuate registration. These documents include the application, founding agreement (if the enterprise has several founders), charter, certificates attesting to the solvency of the enterprise participants, certificate of legal examination of documents by the Ministry of Justice, certificate of financial status issued by the Ministry of Finance, certificate proving the location of the enterprise, and receipt of payment of state duty. The requirement of earlier versions of the Law that the participants in an EFI submit a statement justifying their "economic motives" has been thankfully removed.
If an existing entity becomes qualified for EFI status, by virtue of a capital contribution made by a foreign entity or the acquisition by a foreign entity of an interest in that entity from a current owner, and wishes to receive the corresponding benefits, it must also undergo EFI registration, in which case the benefits would presumably be applied retroactively from the date that the entity became so qualified. The Law does not impose a time limit by which the registration process must be completed following the submission of documents to the appropriate authorities, though the Law does establish a maximum two- week time limit for the registration of enterprises with foreign investment which are not legal persons (branch office, representative offices, etc.) once all required documents have been submitted.
Other provisions of note which apply specifically to EFIs include, the right to establish affiliates, branches, representative offices, and other separate subdivisions within and outside the territory of the Republic of Tajikistan (Article 15), the right to set their own prices and to engage in foreign trade after having obtained an appropriate certificate (Article 18), the right to form associations not in violation of antitrust law (Article 16), and the to use its property, including the right to use land, for securing loans (Article 25). In addition, Article 17 directs the Ministry of Finance to institute proceedings in court to remove the recognition of an enterprise as an EFI, if within one year from the date of registration any of the participants fails to make his contribution to the authorized capital of the EFI, as specified in the constituent documents. This is a change brought about in the 1999 amendments to the Law, the prior law simply directing the office that registered the joint venture to delete the enterprise from its register in the event of failure of payment of authorized capital. The current formulation is an improvement, as it affords the foreign investor greater protection from having the EFI arbitrarily dissolved.
Additionally, Article 27 imposes a requirement that 70% of the employees of an EFI be citizens of the Republic of Tajikistan, while not offering any possibility for this requirement to be waived, as is the case of many other countries that have similar legislation. The problems likely to be encountered by foreign investors who require a highly specialized work force may dissuade them from investing in Tajikistan. Local employees are also to be paid according to a minimum wage to be established by the Government for enterprises with foreign investment. Though the amount of this minimum wage is not included in the Law, the clear implication of the language is that this minimum might be set at a higher rate than the minimum wage for enterprises without foreign investment. Such a policy would violate the stated goal of the Law of ensuring the "equal protection of rights, interests, and property of the subjects of investment activities".
While Article 28 states that matters concerning social insurance, except pension fund payments to foreign citizens, of employees working for EFIs shall be regulated by Tajik legislation. This Article also directs EFIs to make pension payments for foreign employees to the corresponding funds of the countries of their permanent residence in the national currency of those countries. Payments for Tajik employees are to be made "at rates established for enterprises and organizations in the Republic of Tajikistan". And lastly, enterprises may be liquidated upon the request of their founders, or in the case of bankruptcy in accordance with Tajik legislation (Article 28). Upon liquidation the EFIs total assets are subject to taxation based on their "actual value", wording which makes it difficult to determine whether the value subject to tax is the value at the time of purchase of the assets, or their value at the moment of liquidation, a difference in value that is likely to be quite substantial.
Those provisions of the Law addressing issues relating to representative offices, branch offices, and other subdivisions of enterprises with foreign investment pose a particular problem for the foreign investor in Tajikistan. Nowhere in the Law are the distinctions among these various forms of business organization defined. Indeed, the Law is unclear as to whether the term "enterprise with foreign investment" should be applied to branch and representative offices. For example, Article 14 clearly states that such subdivisions of enterprises are not legal persons, yet also contemplates that enterprises with foreign participation will have the status of legal entities from the moment of their registration. This would lead one to believe that branch offices and representative offices, and possibly even subsidiaries ("daughter companies"), do not enjoy the status of EFIs.
And yet other than providing for a slightly less detailed registration procedure specifying registration merely with a "duly authorized agency" and setting a two- week time limit for the completion of the registration process, all of the articles in the section are addressed specifically to EFIs. Thus the foreign investor is left to ponder the question as to whether those benefits granted to EFIs are also available to those foreign investments that have been organized in the form of branch and representative offices. Though this may indeed be the case, the manner in which the statute is drafted leaves this question in some doubt, and any future amendments to the Law would do well to seek to clarify the status of branch and representative offices.
Article 8 provides a guarantee against nationalization and confiscation of foreign investments. An exception exists for "requisition" in cases of natural disasters, accidents, and other emergencies, in which case the foreign investor or EFI is entitled to compensation of the value of the property seized. Any requisition measures are to be taken by the Majlisi Oli, and such requisition measures should not be discriminatory in nature. Compensation is expressly to be "prompt, adequate, and effective" and to be paid without undue delay. It is somewhat unclear whether this language might entitle the foreign investor to the payment of interest. In addition, the compensation offered must correspond to the actual value of the investments at the time of the requisition, and said compensation shall be made in foreign currency and freely transferable abroad at the investor's request.
These are the requirements of international law, including the World Bank guidelines for the Treatment of Foreign Direct Investment. Tajikistan is a member of the International Association of Investment Guarantees, as well as the International Convention for the Settlement of Investment Disputes (Washington Convention). And this is an area where the protection offered the investor by Tajik legislation compares favorably to the laws in force in other CIS countries, the new Russian Law on Foreign Investment of 1999 having eliminated the language guaranteeing the foreign investor the right to "prompt, adequate, and effective" compensation, and thus allowing that country's legislation to fall out of compliance with international norms for the protection of foreign investments against nationalization.
Article 6 of the Law guarantees that Tajik legislation shall not create a legal climate regarding investment activities and use of profits that is less favorable for foreign investors than for citizens of Tajikistan. In addition, the Article further provides that legislation of the Republic of Tajikistan may establish additional tax benefits and other types of benefits for foreign investment in priority sectors of the economy and regions of the Republic of Tajikistan.
However, Article 7 provides for the enactment of legislation creating a list of activities in which foreign investors and enterprises with foreign investment may in engage only on the basis of a special permit (license). But again, the Law contains no standards upon which the government is to base its issuances of such special permits, thus providing it with substantial authority to restrict the activities of foreign investors on broad policy grounds.
Article 10 guarantees the right of foreign investors to repatriate profits and other sums in foreign currency that have been "legally received" in connection with investments. This is likely to apply to: (a) profits, dividends, and interest received from investments, and other revenues, as the law does not specify different forms of revenue or profit; (b) sums received by foreign investors upon termination of investment activities (Article 9); and (c) compensation received as a result of the requisition of property (Article 8).
But it should be noted that although Article 9 entitles the foreign investor to be reimbursed upon termination of his investment activities against any "investments" and for any profit in money or goods due him, it does not expressly guarantee the right to repatriate these proceeds, though it is likely that they can be brought within Article 10. The right of the foreign investor to repatriate sums for the liquidation of assets or the reduction of capital should be expressly stated in the Law.
Article 11 reiterates the right of foreign investors to use profits from their investments for re-investment and other uses in accordance with the investor's instructions and the legislation of Tajikistan.
In addition, Article 11 also permits foreign investors to maintain bank accounts in local or foreign currency in authorized banks in Tajikistan or abroad, and protects their right to use local currency in order to purchase foreign currency "according to the procedure established by law for the purchase and sale of currency in Tajikistan". But the reality of such language is that it offers only modest protection for the foreign investor, since if access to foreign currency becomes restricted "according to the procedure established by law", the foreign investor will be in effect be barred from repatriating his profits.
The Law makes no provision foreign investors to re-export property that had been imported as part of the investor's original investment.
Article 36 provides that foreign investors have the right to settle disputes arising out of their investment activities in regular Tajik courts, Tajik economic courts, and in international arbitration. This right, however, exists only to the extent permitted under Tajik legislation and international treaties, though Article 37 states that if an international treaty establishes any rules that differ from those contained in Tajik legislation on foreign investments, the rules of the international treaty shall prevail. Disputes between foreign investors and the State are required to be resolved in the Tajik courts unless an international treaty provides otherwise.
Under Article 8 any disputes that either foreign investors or EFIs have concerning nationalization and confiscation ("requisition" being the actual term used in the Law) are expressly permitted to be decided in any of the above three types of tribunals.
Article 38 contains the legal basis for the establishment of free economic zones on the territory of the Republic of Tajikistan. The stated goal of such free trade zones is to attract foreign capital, modern foreign engineering, technology, and management experience, and improving the country's export potential. Additionally, Article 39 states that in addition to the rights and guarantees that are provided by legislation in force on the territory of Tajikistan, foreign investors and EFIs that conduct their business within free economic zones may be provided with the following additional benefits: (a) a favorable tax regime; (b) foreign investors and EFIs shall pay taxes at reduced rates, including taxes on repatriated profits, though this rate may not be lower than 50% of the rate in effect for foreign investment in the country as a whole; (c) reduced rates of payment for the use of land and other natural resources; (d) long-term leases with right to sublet; (e) reduced customs duties on the import and export of goods; and (f) a visa-free travel regime for foreign citizens. The types and rates of benefits in effect in the free economic zones are to be determined by the Government and approved by the Majlisi Oli of Tajikistan.
Though the benefits provided for in the Law could potentially serve as major factor in the attraction of foreign investment to Tajikistan, the Government has chosen not to create any such free economic zones in Tajikistan, despite the legal basis for them in the Foreign Investment Law. This is likely due to concerns of the possible effects of uneven economic development that such zones might cause in the country, a not insignificant matter in a state recovering from a devastating civil war that contained elements of regional conflict.
The Articles in Section V of the Law set forth the legal regime establishing the property rights of foreign investors and EFIs. Under the Law, foreign investors and EFIs may acquire ("may be granted") the right to use land, including the leasing of land in accordance with Tajik legislation. Acquisition of ownership rights on houses and buildings also entitles one to acquire the right to use the plot of land upon which the house or building is situated, on terms provided by the law of Tajikistan (Article 32). While Article 33 provides for the granting of the right to explore, develop, and extract natural mineral ("natural") resources in the economic zone of Tajikistan, provided the foreign investor or EFI holds a valid license from the Government.
Article 34 states that contracts of lease involving foreign investment shall be made in accordance with Tajik legislation on leasing and leasing activities. Additionally, Article 35 provides that foreign investors and EFIs may enjoy the use of concessions for the exploration of natural resources (renewable and non-renewable) and the accomplishment of other economic activities on the basis of concession agreements concluded between the foreign investor and state authorities. Such concession agreements shall set forth the conditions for the activities to be carried out by the foreign investor.
This section is composed of largely overlapping provisions that despite the repetition of certain rights, such as the ability of foreign investors to rent property, fail to adequately spell out by what processes decisions concerning the granting of licenses and concession agreements will be made. And most significantly, Tajik law still does not provide the foreign investor or EFI with the right to purchase or own land.
The Law contains several other provisions of note to the foreign investor, most of which deal with insurance, tax, securities, and privatization. Such provisions include:
Article 5 allows foreign investors to take part in the privatization of state assets, in particular, by acquiring rights to republican and municipal government property in accordance with Tajik privatization law; and
Article 21 gives EFIs discretion, except as otherwise provided by Tajik law, in the purchase of insurance against loss or damage to property, liability, and commercial risk;
Article 22 stipulates that EFIs will pay taxes at rates established by the legislative acts of the Republic of Tajikistan;
Article 26 provides for the protection of intellectual property rights (know-how, management processes) made as foreign investments in Tajikistan;
Articles 30 and 31 provide Foreign Investors the right to purchase various corporate and governmental securities in accordance with Tajik securities law;
Although 1999 amendments effected some changes in the Tajik Law on Foreign Investment, the legal regime that existed previously has largely remained intact. But one must often look elsewhere to find the regulations, including beneficial exemptions for foreign investors that were previously spelled out in the foreign investment law on such topics as any beneficial tax regime that might apply to foreign investment, as well as some registration procedures.
Because so much regulation has been taken out of the Foreign Investment Law, it is unable by itself to act as an effective shield to protect foreign investors. By referring to other regulations, the foreign investment Law gives those laws precedence over any would-be exemptions or privileges included in the Foreign Investment Law. This subtle difference from the previous regime counteracts the positive changes that the current Law seeks to create, and may in the future result in fewer overall protections for the foreign investor. In his analysis of the Foreign Investment Law of Angola, Keith S. Rosenn makes an observation that is equally valid for Tajikistan, as it is for all countries seeking increased foreign investment:
"The Foreign Investment Law is, however, only the start of the foreign investor's legal inquiry. Prospective foreign investors will want to consider the costs and benefits of the host country's legislation in a variety of areas. For example, labor laws operating in tandem with immigration laws and visa policies, may make it impossible or excessively costly to bring in needed expatriate managers and skilled employees, or prevent hiring the most qualified people or firing the unqualified. Tax laws may make the fiscal burden unreasonably high. On the other hand, tax incentives may make an economic venture more attractive. Price controls may prevent profitable operations, or exchange controls may prevent remittance of dividends and interest. High tariffs and lengthy delays in securing import licenses and in retrieving imports from customs may dissuade investors who need to import expensive equipment and other inputs. An overvalued exchange rate may make exports uncompetitive, thereby discouraging prospective investors who plan to export their production. But regardless of what is written in the statute books, foreigners are reluctant to invest money or technology in a country suffering rampant inflation, political unrest, or constantly changing economic policies. They are also reluctant to invest in countries with legal systems that fail to protect property rights (real, contractual, intellectual), that lack independent and efficient judiciaries, or that constantly change the "rules of the game" (CAER II, Discussion Paper No 12, Regulation of Foreign Investment in Angola).
In light of the above considerations, Tajik foreign investment legislation would do well to address the tax structure, which should require tax payments that are fair and certain; shareholder rights, which should be clear and enforced; land ownership, which should be allowed for non-Tajik, as well as Tajik citizens; and enforcement of judicial decisions, which should be easier to obtain.