RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 15, 2019 No. 408

About the organization of activities of Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan

According to the resolution of the President of the Republic of Uzbekistan of January 28, 2019 "About the organization of activities of the Ministry of investments and foreign trade of the Republic of Uzbekistan" the Cabinet of Ministers decides No. PP-4135:

1. Take into consideration that No. PP-4135 "About the organization of activities of the Ministry of investments and foreign trade of the Republic of Uzbekistan" is formed by the resolution of the President of the Republic of Uzbekistan of January 28, 2019 Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan and its structure is determined.

2. Determine the main objectives of Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan:

studying of the international experience and development of offers on establishment of rates of customs duties and application of measures of non-tariff regulation when implementing foreign trade activity;

proceeding from the developing situation on internal and the foreign markets development of offers on further enhancement of system of tariff and non-tariff regulation, and also participation in forming of offers on change and amendment of the operating system of privileges on customs payments;

preparation of suggestions for improvement of the Commodity nomenclature of foreign economic activity of the Republic of Uzbekistan and rules of classification of goods.

3. Approve Regulations on Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan according to appendix.

4. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan concerning investments and foreign economic relations E. M. Ganiyev and the minister of investments and foreign trade of the Republic of Uzbekistan S. U. Umurzakov.

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 15, 2019 No. 408

Regulations on Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan

Chapter 1. General provisions

1. This Provision determines the main objectives, functions, the rights and procedure for the organization of activities of Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan (further - Council).

2. Council is the collegiate advisory body created for development of the offers on tariff and non-tariff regulation directed to regulation of interrelation of state interests with interests of entrepreneurs, creation of conditions for the accelerated development of industries, support of healthy competitive environment and requirements satisfaction of consumers.

3. Council in the activities is guided by the Constitution of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, resolutions and orders of the Cabinet of Ministers of the Republic of Uzbekistan, this Provision, and also other acts of the legislation.

Chapter 2. Main objectives, functions and rights of Council

4. The main objectives of Council are:

studying of the international experience and development of offers on establishment of rates of customs duties and application of measures of non-tariff regulation when implementing foreign trade activity;

proceeding from the developing situation on internal and the foreign markets development of offers on further enhancement of system of tariff and non-tariff regulation, and also participation in forming of offers on change and amendment of the operating system of privileges on customs payments;

preparation of suggestions for improvement of the Commodity nomenclature of foreign economic activity of the Republic of Uzbekistan (further - the Commodity Nomenclature of Foreign Economic Activity) and rules of classification of goods.

5. According to the assigned tasks Council performs the following functions:

1) in the field of studying of the international experience and development of offers on establishment of rates of customs duties and application of measures of non-tariff regulation when implementing foreign trade activity:

considers offers on optimization of rates of customs duties the, and also other taxes, charges and payments connected with foreign economic activity and having the same economic effect, as customs duties and passes relevant decisions;

develops offers on application of measures of non-tariff regulation on the basis of studying of the international experience, and also appeals of the interested ministries and departments, Chamber of Commerce and Industry of the Republic of Uzbekistan, subjects of entrepreneurship (further - the interested subjects);

2) in the field of development of offers on further enhancement of system of tariff and non-tariff regulation, and also participation in forming of offers on change and amendment of the operating system of privileges on customs payments:

hears offers of authorized bodies and the interested subjects on further enhancement of measures of non-tariff regulation on the basis of application of the best international practices and develops relevant proposals and recommendations;

develops recommendations about reduction of administrative barriers, including regarding reducing terms and simplification of procedures of foreign trade;

on the basis of discussions develops recommendations about provision of privileges about customs payments;

distributes information concerning tariff and non-tariff regulation, and the recommendation about customs affairs for the interested subjects;

informs the public on activities of Council in mass media, and also on the official website of the Ministry of investments and foreign trade of the Republic of Uzbekistan;

3) in the field of preparation of suggestions for improvement of the Commodity Nomenclature of Foreign Economic Activity and rules of classification of goods:

considers addresses of the interested subjects on modification and amendments in the Commodity Nomenclature of Foreign Economic Activity;

studies the international experiment on classification of goods, including on the basis of recommendations of World Customs Organization;

develops the relevant proposals on modification and amendments in the Commodity Nomenclature of Foreign Economic Activity and rules of classification of goods.

6. Council within implementation of the tasks and functions assigned to it has the right:

send inquiries and obtain necessary statistical and analytical information from state bodies and other organizations within the tasks assigned to it;

give instructions to the heads of state bodies who are part of Council for implementation of tasks within specific powers on the questions considered by Council;

consider offers and make explanations to the interested subjects about application of measures of tariff and non-tariff regulation;

develop recommendations for subjects of foreign economic activity of application of measures of tariff and non-tariff regulation;

hear during the meetings of the appeal of legal entities and physical persons to parts, concerning the tasks assigned to Council;

develop recommendations about classification of goods within the Commodity Nomenclature of Foreign Economic Activity;

conduct surveys among subjects of foreign economic activity;

attract in need of the international experts, specialists of state bodies and bodies of economic board, employees of research centers, scientists and teachers of the highest educational institutions in coordination with management of the relevant organizations.

Council can have also other rights according to the legislation.

7. Council by consideration of addresses of the interested subjects shall observe the rights and legitimate interests of applicants.

Chapter 3. Procedure for the organization of activities of Council

8. The chairman of the board performs the common directorship of activities of Council and bears responsibility for accomplishment of the tasks assigned to it into which power are included:

determination of the agenda and convocation of meetings of Council;

chairmanship at meetings of Council;

approval of the regulations, work plan, agenda and protocols of meetings of Council;

the organization of control of execution of the decisions made by Council;

coordination of work of members of council on accomplishment of the tasks assigned to them;

consideration of the arriving addresses of the interested subjects;

implementation of other functions on ensuring effective work of Council according to this Provision.

The chairman of the board or according to its order the vice-chairman of Council directs work of Council, plans its activities, conducts meetings, controls accomplishment of decisions of Council.

The ministry of investments and foreign trade of the Republic of Uzbekistan performs the organization of activities of Council and is the secretariat of Council.

9. The secretariat of Council performs the following functions on the organization of activities of Council:

performs acceptance and consideration of proposals of the interested subjects;

carries out discussions directly with applicants and studies their activities with departure on production and places of implementation of customs control;

performs generalization of offers, forming of the agenda of the regular meeting of Council;

performs other functions providing coordination of consideration of addresses and the organization of activities of Council according to this Provision.

10. Members of council have the right:

take part in discussion and the solution of the questions considered at meetings of Council, personally without the right of delegation of the powers to other persons;

direct the opinion on the question included in the agenda, in writing - in case of impossibility of presence at meeting of Council for reasonable excuse;

consider and consider opinion of the member of council who is absent on reasonable excuse during the vote at meetings.

11. Meetings of Council are convened by the chairman of the board as required of response to the arising situations in the internal and external markets, but at least once in six months.

The preliminary agenda and materials of the regular meeting of Council no later than 10 calendar days prior to the meeting go to members of council together with the notice on the forthcoming meeting.

The questions offered by members of council for inclusion in the agenda at least in 5 calendar days prior to the regular meeting of Council are included in the additional list of questions of the preliminary agenda.

During meeting Council has the right to make changes to the final agenda approved by it when opening meeting at any time.

12. Activities of Council are based on free discussion of questions regarding its powers, publicity, accounting of public opinion, the principles of equality and collective nature in case of decision making.

The main form of activities of Council are meetings which are held based on the developed and approved agenda.

13. Council is competent to make the decision if at its meeting there are at least a half from the determined number of members of council. Decisions of Council are made by a simple majority vote the members of council who are present at meeting. In case of equality of votes the voice of the chairman of the board or his deputy presiding over meeting is decisive.

Decisions of Council are drawn up in the form of the protocol. Protocols are signed by the chairman of the board or his deputy, and also the secretary who is present at meeting of Council.

The members of council having special opinion on the questions considered by Council having the right to express it in writing then it shall be reflected in the minutes of Council and is attached to it.

14. The decision made by Council is the basis for development of regulatory legal acts on appropriate questions.

Chapter 4. Procedure for consideration of the arriving addresses of the interested subjects

15. Addresses of the interested subjects are accepted by the secretariat of Council for questions:

optimizations of rates of customs duties on goods in form according to appendix No. 1 to this Provision;

provisions or cancellations of privileges on customs payment in form according to appendix No. 2 to this Provision;

on other questions of tariff and non-tariff regulation in any form.

Addresses can move in written or electronic form on state and other languages.

16. Addresses are considered within fifteen days from the date of their receipt in the secretariat of Council, in case of need additional studying, request of additional documents or preparation of the conclusion of members of council - till one month.

17. The secretariat of Council within three days from the date of decision making of Council notifies the interested subjects and members of council.

18. Acceptance and consideration by Council of addresses of the interested subjects are performed according to the scheme according to appendix No. 3 to this Provision.

Chapter 5. Final provision

19. Reorganization or liquidation of activities of Council are performed by the relevant act of the President of the Republic of Uzbekistan.

Appendix №1

to Regulations on Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan

The address concerning optimization of rates customs duties on goods

_________________________________________________________________________________________________ (the name of the interested subject)

Address and phone: ____________________________________________________________________________________

Director (head): _____________________________________________________________________________

Registration date: ___________________________________________________________________________________

Place of registration: __________________________________________________________________________________

Financial (bank) details: ____________________________________________________________________

Head:

___________________

__________________

signature

date

Chief accountant:

___________________

__________________

(in the presence)

signature

date

If for some answers there is no enough place or any specific aspect concerning the considered problem is not considered in the address, to attach additional sheets.

The main source of information for filling are this to accounting and statistical records of the interested subject.

I. Description of goods and rates of customs duty

Commodity Nomenclature of Foreign Economic Activity code (10 signs) and description of goods: __________________________________________________________________________________________________

Effective rate customs пошлины:_______________________________________________________________

The offered rate customs пошлины:_______________________________________________________________

Purpose of adjustment of effective rate пошлины:_________________________________________________________

II. General information about the interested subject

Form of business of activities:

_________________________________________________________________________________________________

The list of the main goods, in production and/or realization of which is engaged interested субъект*:

_____________________________________________________________________________________

The list of the domestic organizations making similar products (in the presence):

______________________________________________________________________________________

______________________________________________________________________________________

The list of the organizations which are consumers made by the interested subject of products:

______________________________________________________________________________________

______________________________________________________________________________________

III. General information about products

In detail describe characteristics and goods quality, declared for adjustment of rate пошлины:__________________________________________________________________________________________

Describe essence of the production operations necessary for production of goods: __________________________________________________________________________________________________

Describe goods scope (industries, the organizations, production processes, etc.): __________________________________________________________________________________________________

Give the comparative characteristic of the goods made by you and similar import (in the presence): __________________________________________________________________________________________________

Characteristic

Import goods

Domestic goods

Comment

Provide data on the measures taken by the domestic industry making similar goods or the interested subject for maintenance of its competitiveness:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

IV. Information for calculation and change of duty rate

Indicators

years (data for the last 3 years are provided):

20 __.

20 __.

20 __.

The price of domestic goods in the domestic market, one thousand bags of thousand dollars of the USA

The price of the similar (imported) goods in the domestic market, one thousand bags. thousand dollars of the USA

Production volume in the republic **, one thousand tons (or other units) one thousand bags. thousand dollars of the USA

Production volume of the considered interested subject, one thousand tons (or other units) one thousand bags. thousand dollars of the USA

Production capacities of the organizations of industry **, one thousand tons

Production capacities of the considered interested subject, one thousand tons

Number working in industry **, persons.

Number working the interested subject, persons.

Import of these goods, one thousand tons of one thousand bags. thousand dollars of the USA

Export of these goods, one thousand tons of one thousand bags. thousand dollars of the USA

Average unit cost, bags/tons of dollars of the USA/tons

Costs when importing (customs duty, the VAT, customs fee, excises)

Import share of consumption (production), %

Profitability of production, %

Export share in production volume of domestic goods, %

The price of domestic goods of export (to specify basis of delivery)

Lead any necessary comments to data of this table.

V. Analysis of influence of change of duty rate

Assessment of the possible growth (decrease) of production of goods:

_____________________________________________________________________________________

Assessment of possible decrease (growth) of the product demand (import and domestic): __________________________________________________________________________________________________

_____________________________________________________________________________________

Assessment of possible change (decrease/increase) of ratio of sales of domestic and import goods in the domestic market:

* If merging of the organizations acts as the applicant, materials are provided on each organization which entered the corresponding education.

** Reclamation of information in case of its absence at the interested subject is forbidden.

Appendix № 2

to Regulations on Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan

The address concerning provision or cancellation of privileges on customs payment

_________________________________________________________________________________________________ (the name of the interested subject)

Address and phone: ____________________________________________________________________________________

Director (head): _____________________________________________________________________________

Registration date: ___________________________________________________________________________________

Place of registration: __________________________________________________________________________________

Financial (bank) details: ____________________________________________________________________

Head:

___________________

__________________

signature

date

Chief accountant:

___________________

__________________

(in the presence)

signature

date

If for some answers there is no enough place or any specific aspect concerning the considered problem is not considered in the address, to attach additional sheets.

The main source of information for filling are this to accounting and statistical records of the interested subject.

I. Description of goods and rates of customs duty

Commodity Nomenclature of Foreign Economic Activity code (10 signs) and description of goods: __________________________________________________________________________________________________

Specify the name, date and number of the regulation in which it is necessary to include (to exclude) the declared goods: __________________________________________________________________________________________________

Effective rates customs платежей:_______________________________________________________________

The purpose of provision (cancellation) of privileges for these goods: __________________________________________________________________________________________________

II. General information about the interested subject

Form of business of activities:

_________________________________________________________________________________________________

The list of the main goods (services), in production and/or realization of which is engaged interested субъект*:

_____________________________________________________________________________________

The list of the domestic organizations making products with participation of the declared goods (in the presence) **:

______________________________________________________________________________________

______________________________________________________________________________________

The list of the organizations which are consumers made by the interested subject of products:

______________________________________________________________________________________

______________________________________________________________________________________

III. General information about products

In detail describe characteristics and goods quality, declared for provision or cancellation of privileges: __________________________________________________________________________________________________

Describe goods scope (industries, the organizations, production processes, etc.): __________________________________________________________________________________________________

Give the comparative characteristic of the goods imported by you and similar goods of national production (in the presence) :______________________________________________________________________________________

Characteristic

Import goods

Domestic goods

Comment

IV. Information for calculation of feasibility of provision (cancellation) of privileges

Indicators

years (data for the last 3 years are provided):

20 __.

20 __.

20 __.

The price of domestic goods in the domestic market, one thousand bags. thousand dollars of the USA

The price of the similar (imported) goods, one thousand bags. thousand dollars of the USA

Goods production volume in the republic **, one thousand bags. thousand dollars of the USA

Amount of the made products (services) with participation of the declared goods, one thousand bags. thousand dollars of the USA

Average cost of the made unit of production with participation of the declared goods, bags/tons of dollars of the USA/tons

Costs when importing of the declared goods (customs duty, the VAT, customs fee, excises)

Share of import of the declared goods of consumption (production), %

Profitability of production, %

Lead any necessary comments to data of this table.

V. The analysis of influence of provision (not provision) of privileges on customs payments

Assessment of the possible growth (decrease) of production:

_____________________________________________________________________________________

Assessment of dynamics of import volumes: __________________________________________________________________________________________________

Assessment of possible decrease (increase) of cost of the made goods (services) with participation of the declared goods: __________________________________________________________________________________________________ Specify sources of compensation of losses of the Government budget of the Republic of Uzbekistan, give calculations of the amount of compensation (in the presence of calculations): __________________________________________________________________________________________________

* If merging of the organizations acts as the applicant, materials are provided on each organization which entered the corresponding education.

** Reclamation of information in case of its absence at the interested subject is forbidden.

Appendix №. 3

to Regulations on Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan

The scheme of acceptance and consideration by Council for tariff and non-tariff regulation under the Ministry of investments and foreign trade of the Republic of Uzbekistan of addresses of the interested subjects

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