RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of February 26, 2001 No. 5121

About collection of customs duties from the goods imported into Turkmenistan and exported out of its limits

For the purpose of protection and regulation of the domestic market of goods and stimulation of local producers I decide:

1. Establish rates of customs duties:

a) on the separate goods imported and exported by physical persons and legal entities irrespective of patterns of ownership, in the sizes specified in appendices No. 1 and 2 to this resolution;

b) on separate goods when which exporting by physical persons, customs duties are paid for limits of Turkmenistan in US dollars, in the sizes specified in appendix No. 3 to this resolution

c) on the goods which did not enter lists according to appendices No. 1, 2, 3 and 4 to this resolution:

imported into Turkmenistan by physical persons - in the amount of 5 percent from customs value;

exported from Turkmenistan by physical persons - in the amount of 10 percent from customs value.

2. Approve:

The regulations on procedure for calculation and payment of customs duties on the goods imported into Turkmenistan and exported out of its limits (are applied);

the list of the separate goods imported into Turkmenistan on which customs duties, according to appendix No. 1 are established;

the list of the separate goods exported from Turkmenistan on which customs duties, according to appendix No. 2 are established;

the list of separate goods when which exporting by physical persons out of limits of Turkmenistan customs duties are collected in US dollars, according to appendix No. 3;

the inventory and values which can be exported by physical persons out of limits of Turkmenistan without payment of customs duties and quantitative restrictions, according to appendix No. 4;

3. Determine that customs duties are enlisted in the income of the Centralized budget of Turkmenistan in payment currency.

4. Quarterly to provide to the state commodity and raw exchange of Turkmenistan in the State customs of Turkmenistan information on market prices of goods (products) for calculation of customs duties.

5. Declare invalid the resolution of the President of Turkmenistan of November 10, 2000 No. 4896 "About collection of customs duties from the goods imported into Turkmenistan and exported out of its limits".

Approved by the Resolution of the President of Turkmenistan of February 26, 2001 No. 5121

Regulations on procedure for calculation and payment of customs duties on the goods imported into Turkmenistan and exported out of its limits

I. General provisions

1. This Provision determines procedure for calculation and payment of customs duties concerning the goods imported into Turkmenistan and exported out of its limits.

2. For the purposes of this provision the following basic concepts are used:

goods - the objects, inventory items, property moved through customs border of Turkmenistan irrespective of their further use on which customs duties are established;

customs value:

a) for the goods acquired under the contracts registered at the State commodity and raw exchange of Turkmenistan (the Exchange hereinafter is referred to as further) - the cost of goods determined on the basis of the contract (contractual) price of goods taking into account expenses on delivery (transportation, insurance) of goods to the place of import (export) to customs area of Turkmenistan;

b) for the goods imported (exported), acquired without participation at the exchange biddings - the cost determined on the basis of the price confirmed with accounts references, invoices, checks, and also the business, transport, bank, accounting and other documents containing data on the cost of goods, or market (wholesale or retail respectively) the cost of similar goods.

II. Subject to taxation by customs duties

3. Subject to taxation by customs duties is customs value of goods.

4. Payers of customs duties are legal entities and physical persons, both residents, and nonresidents of Turkmenistan.

Customs duties are not collected from the goods moved through customs border of Turkmenistan:

earlier exported (imported) and declared to customs authority;

physical persons as a part of hand luggage or baggage, including in separately following baggage which total cost does not exceed the 10-fold size of basic size for calculation of the taxes, charges and other payments established by the legislation of Turkmenistan, except for the food products specified in appendix No. 1, and the goods specified in appendix No. 3 to this resolution. The amount of the food products specified in appendix No. 1 to this resolution, permitted to customs clearance without payment of customs duties - 10 kg of total weight;

according to projects and programs of the international financial, technical and humanitarian assistance;

for projects implementation and contracts with participation of the foreign investments put in objects of business or other activity in the territory of Turkmenistan where the contribution of the foreign investor constitutes at least 100 thousand dollars of the USA, except for food products;

intended for official use by diplomatic representations;

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