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DE RUEHAH #1140 2511234
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P 081234Z SEP 09
FM AMEMBASSY ASHGABAT
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UNCLAS ASHGABAT 001140 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN 
 
E.O. 12958: N/A 
TAGS: SENV PGOV TX
SUBJECT: TURKMENISTAN'S NEW LAW ON OZONE PROTECTION LACKS ENFORCER 
 
¶1. (U) Sensitive, But Unclassified.  Not For Internet Distribution. 
 
¶1. (U) SUMMARY: On August 15, the Parliament of Turkmenistan adopted 
a new law on protection of the ozone layer.  The law provides legal, 
economic and administrative frameworks for the state regulation of 
activities to protect the ozone layer, but did not specify an agency 
responsible for enforcement.  The law entered into force on August 
¶21.  END SUMMARY. 
 
¶3. (U) The law details the responsibilities of government bodies, 
including the Cabinet of Ministers, and an unspecified state agency 
for the enforcement of the law.  It also regulates licensing, 
export, and import of ozone-depleting substances and products 
containing such substances. 
 
¶4. (U) The Cabinet of Ministers of Turkmenistan is responsible for 
1) approving national programs for ozone layer protection; 2) 
maintaining the list of ozone-depleting substances which are limited 
or banned in Turkmenistan; 3) determining the timeframe for 
reduction of ozone-depleting substances in accordance with 
Turkmenistan's international commitments; 4) licensing businesses 
and individual entrepreneurs, whose activity involves export, 
import, or production of ozone-depleting substances and products 
containing ozone-depleting substances; 5) creating a process for 
export and import of ozone-depleting substances and/or products, 
containing ozone-depleting substances; and 6) determining the fees 
for licensing the export, import and production of ozone-depleting 
substances. 
 
¶5. (U) The unspecified state body, responsible for the enforcement 
of the law, is to 1) implement the programs for ozone layer 
protection; 2) issue one-time permits to a licensed exporter or 
importer for export and import of ozone-depleting substances; 3) 
conduct oversight over ozone layer protection, including control of 
the use of ozone-depleting substances, and recycling and disposal of 
residual ozone-depleting substances; and 4) issue written orders to 
businesses to eliminate violations of the law.  The law states that 
funding for state programs on ozone layer protection comes from the 
State budget of Turkmenistan, international funds on ozone layer 
protection, and other legal sources. 
 
¶6. (U) The law requires that businesses observe established volumes 
for ozone-depleting substances and keep records and reports on the 
use of these substances.  Entities that export, import or produce 
ozone-depleting substances should mark containers with the "Harmful 
for ozone" warning sign.  Their shipping documentation should state 
names and quantities of the ozone-depleting substances. 
 
¶7. (U) The law states that businesses that switch to ozone-safe 
substances and technologies will get preferential treatment if they 
apply for loans to help with the changeover. 
 
¶8. (U) The law does not allow issuance of licenses and one-time 
permits for export and import of ozone-depleting substances to and 
from states which are not parties to the Montreal Protocol. 
Products containing ozone-depleting substances designated and 
carried for personal use do not require licensing and export/import 
permission. 
 
¶9. (SBU) COMMENT: The new law provides a framework for the 
implementation of the Vienna Convention, Montreal Protocol and other 
international treaties and agreements that Turkmenistan has signed 
on the protection of the ozone layer.  This law, along with a series 
of laws passed in July and August, seems intended to bring 
Turkmenistan into line with its international obligations in the 
legislative sense.  At the same time, the government's failure to 
designate a ministry or agency to enforce the new law highlights the 
fact that the Turkmen government is generally less focused on the 
actual implementation aspect of its international obligations. 
 
CURRAN