of October 25, 1996 No. 05/1-06/484
About application of Article 36 of the Foreign investment law
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It is approved Main State Tax Authorities |
It is approved Department of customs control |
The Ministry of Finance in connection with the arising requests regarding distribution of privileges, provided in article 36 of the Law N 998-XII of April 1, 1992. "About foreign investments" to the companies with foreign investments, informs the following.
I. According to Item 1 of article 36 of this law, the company with foreign investments has the right to import products (works, services) for own production and to export products (works, services) own production.
Determination of self-produced products of the companies is performed by experts of Chamber of Commerce and Industry according to the order of the Government N 167 of April 5, 1993 and the Provision "About Procedure for Determination of the Self-produced Products of Joint Businesses, Companies Intended for Export" approved by the order of the Government N 575 of September 7, 1993.
In Item 3 above of the Provision are noted that self-produced products of the companies are the products made or which are grown up directly by the company or underwent to the essential processing by it which changed its quality or technical characteristics according to the criteria established by the provided regulations.
At the same time in Item 7 it is written down also that products made by founders of the company independently without participation of foreign investments are not self-produced products of the company.
II. According to Item 2 of article 36 of this law, the company with foreign investments is exempted from payment of customs duties on goods (raw materials, semifinished products, components and processing equipment) imported for production of products for export within 5 years after forming of the authorized capital and declaring of the first profit.
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