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Action Plans

3. Introducing the publicly available register of real owners

Commitment Start and End Date: 11.2018 - 12.2020
Lead implementing agency: Ministry of Justice
Person responsible from implementing agency: Ani Varderesyan 3.
Title, Department: Expert of the "Centre for Legislation Development and Legal Research" Foundation
Email: ani.varderesyan@gmail.com
Phone: +37410594023

Other actors involved


Other state actors involved

Prime Minister's Office, Ministry of Finance, Ministry of Territorial Administration and Infrastructure

Civil society, private sector

“Freedom of Information Center” NGO,

"Transparency International" Anti-Corruption Center,

Armenian Lawyers' Association” NGO

Issue subject to regulation

Although the legislation in the Republic of Armenia (RA) prohibits public officials to be engaged in business activities, the absence of information on real owners of legal persons may practically result in violation of the mentioned requirement, which will, in its turn, contribute to spreading of corruption.

After the Velvet Revolution had taken place in the spring of 2018, the new Government of Armenia undertook a real and effective fight against corruption, which the publication of information on real owners of organizations will greatly contribute to. The Government of the Republic of Armenia will implement the international standards of transparency of owners and monitor abuses of companies.

Taking into account the explicit will of the new Government to eliminate corruption in all the spheres, the Government of the Republic of Armenia undertook to ensure transparency of the data concerning real owners.

Main objective

The main objective of the commitment being recommended is to ensure prevention of corruption and an effective fight against corruption due to disclosing and publishing the information on real owners of companies in all the sectors of activities through creating and operating a comprehensive register of the comprehensive registry within the scope of comprehensive state registration of legal persons, state record-registration of separated subdivisions of legal persons, institutions and persons placed on record-registration as individual entrepreneurs (hereinafter referred to as "the Register").

Publication of the information on real owners will also support customs and law-enforcement authorities in more effectively performing their functions. Transparency of this information will contribute to increasing and effectively implementing public supervision, forming public confidence in the Government. At the same time, this will also essentially contribute to a more active attraction of investments.

Brief description of commitment

The Government is committed to developing a common mechanism for identifying the real owners of companies operating in all the sectors, by creating and launching a comprehensive open and freely accessible register of real owners within the scope of the registry.

OGP challenge addressed by the commitment

Publicity, accountability, enhancement of public integrity, innovation.

Relevance to OGP values

The Register will provide access to actual owners’ information, increase public confidence, increase transparency and public control, and thereby improve the accountability of companies.

Ambition

The commitment is exclusive for both Armenia and other OGP member countries. Due to the implementation of the commitment, an effective tool will be created for the civil society and the State for later determining, according to sectors, who are the real owners of entrepreneurial activities in the given sector. This commitment is a comprehensive and inclusive program, which will result in great positive changes. It will have a major influence in the fight against corruption and money laundering. Implementing this commitment, Armenia will become one of the pioneers in the sector of revealing real owners (Beneficial Ownership) all over the world.

Potential Impact:

moderate

Implementation status

completed

UN Goals

16.5 Essentially reduce corruption and bribery in all their forms. 17.17 Encourage and promote the existence of effective public, public-private and civil society partnerships, based on their experience and resource strategies.

Ongoing actions

Action Description
Start Date
End Date
Status
Comment from government
1.Examining the tools and procedures being already applied for provision of financial resources to legal persons, defining advantages and disadvantages, improving the existing procedures by defining provision of grants only through competition, except for cases conditioned by the circumstance of exclusivity
11.2018
06.2019
partially completed
2.2. Submitting the package of draft Laws of the Republic of Armenia to the National Assembly of the Republic of Armenia
06.2019
09.2019
completed
3.3. Developing a publicly available register of beneficial owners within the framework of the State Register (developing a technical task, discussing with CSOs and approving) by ensuring publicity of data and accessibility of the search functionality
05.2019
12.2019
completed
4.4. Pilot entering, collecting and publishing of the data on beneficial owners of companies extracting metal ores in Armenia, revealing and targeting of systemic issues arisen during the implementation of the pilot program
11.2019
06.2020
completed
5.5. Operating the publicly available register of real owners, concurrently implementing the programme of comprehensive public awareness on the register
10.2020
12.2020
completed
In 2019, within the scope of the OGP Global Summit taken place in Canada, Armenia joined Beneficial Ownership Leadership Group headed by the United Kingdom. The Government of Armenia had undertaken the commitment marked by asterisk. Links to the Leadership Group: https://bit.ly/3xu0FyA and https://bit.ly/3sWbplO In 2019, a workshop on the topic "Transparency of beneficial owners" was held in Armenia. The workshop was organized by the Secretariat of Open Government Partnership/Armenia, USAID and Transparency International Anti-Corruption Center. During the workshop, Minister of Justice Rustam Badasyan and Executive Director of "Open Ownership" Tom Townsend signed a Memorandum of Understanding for the purpose of provision of technical support by "Open Ownership" to ensuring the transparency of beneficial owners. See the link of the event at: https://bit.ly/3aH10Et Along with the measures mentioned by the commitment: for the purpose of introducing effective mechanisms for revealing the beneficial owners of legal persons in other areas as well, Decision of the Prime Minister of the Republic of Armenia No 30-A "On approving the roadmap of introduction of the institute of real beneficiaries of legal persons" (hereinafter also referred to as "Roadmap") was drafted in 2020 and approved on 18 January 2021, whereby the primary areas of and relevant time limits for revealing beneficial owners (beneficiaries) have been pre-determined. On 22 April 2021, the Government approved the package of drafts on making amendments and supplements to the Law "On state registration of legal persons, record-registration of separated sub-divisions of legal persons, institutions and individual entrepreneurs" and the related laws, which provides for establishing an open and publicly accessible register of real beneficiaries of legal persons, which provides for extending the mandatory requirement of revealing the real beneficiaries to all legal persons operating in Armenia.