of September 11, 2009
About the Overview of trade policy of the Republic of Tajikistan
The economic council of the Commonwealth of Independent States solved:
1. Take into consideration the Overview of trade policy of the Republic of Tajikistan (is attached).
2. Send the provided Overview to the governments of the states - members of the CIS for informing the interested ministries and departments.
3. Charge to Executive committee of the CIS to place in a month the specified Overview on the website of Executive committee of the CIS on the Internet.
Cochairman
Economic council
Commonwealths of Independent States E.Uzakbayev
It is constituted according to Procedure for carrying out reviews of trade policy of the states - members of the CIS, the approved Decision of Economic council of the Commonwealth of Independent States of March 15, 2002.
The overview is prepared by Executive committee of the CIS on the basis of the national report provided by the First Deputy Prime Minister of the Republic of Tajikistan A. Gulomov (the letter No. 18/3-315 of 08:06. 09).
The purpose of reviews of trade policy is achievement by the states - members of the CIS of transparency of trade policy, assistance to observance of the rules, regulations and obligations fixed in international treaties and documents concerning forming and effective functioning of the free trade area and also regular carrying out objective assessment of the main indicators of trade policy and practice of the State Parties of the CIS, their influence on development of mutual trade.
Trade policy of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan, presidential decrees of the Republic of Tajikistan, the orders of the Government of the Republic of Tajikistan and other regulatory legal acts, respect for the conventional principles and rules of international law, and also the obligations following from international treaties of the Republic of Tajikistan.
The Ministry of economic development and trade of the Republic of Tajikistan is the central executive body coordinating and developing trade policy of the Republic of Tajikistan.
The main directions of trade regime of the Republic of Tajikistan are performed on the basis of the analysis and assessment which developed now general, social and economic situation and foreign trade in the country, adjustments of perspective parameters and the main directions of development.
Specific steps in strengthening of integration of national economy into the world economy and ensuring its due participation in the international labor division and international trade, creation of conditions for inclusion of domestic enterprises in the international production processes, promotion of export and investment activity, ensuring their system participation in development of rules of international trade and achievement of sustainable human development form basis of development of the mode of trade policy that is main objective of foreign economic policy of the country and base for forming of global partnership for the purpose of development.
It agrees the Republic of Tajikistan accepted by the order of the Government of June 4, 2006 No. 299 to the Development program of export of the Republic of Tajikistan to the period till 2015 strategic objective of the Program the enhancement of structure of domestic export understood as process of increase in efficiency and increase in scales of export activities on the basis of expansion of the range and improvement of quality of the exported products, enhancement of commodity and geographical structure of export, use of progressive forms of the international trade and economic cooperation is.
Achievement of effective objective assumes active participation of the state in development of domestic export, close coordination and common efforts of all concerned parties in this direction, forming of long-term partnership of power structures and business community in ensuring trade and economic interests of the Republic of Tajikistan abroad.
During implementation of this Program measures for enhancement of the legislative regulatory base by adoption of the new laws and bylaws, the determined process of deepening and enhancement of foreign economic activity are taken.
Reform of foreign economic activity assumes the carrying out basic changes and transformations in forming and implementation of new forms of realization of the external economic policy providing:
- structural adjustment of production for the purpose of reorientation of industries of national economy to the preferential and accelerated development of export of the oriented companies and productions providing activation, and further - export diversification;
- gradual refusal of raw orientation of export and purposeful development of the industries which are turning out products of high extent of conversion;
- creation of nation-wide system of the support and stimulation of export including increase in own means of the companies and permanent allocation of target financial resources and assignments (on returnable and paid bases) for needs of development of export;
- creation of modern systems of export crediting and insurance;
- enhancement of system of the taxation, customs, tariff and non-tariff regulation when exporting.
In 2004 the Law of the Republic of Tajikistan "About free economic zones in the Republic of Tajikistan" is adopted, in 2005 the Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan approved Regulations on free economic zones.
For the purpose of practical implementation of the Law and Regulations on free economic zones in the Republic of Tajikistan by the Ministry of Economic Development and Trade prepares number of the decisions of the Government of the Republic of Tajikistan directed to acceleration of processes of creation and functioning of free economic zones in the Republic of Tajikistan.
Approval of regulations on the free economic zone Sugd and about the free economic zone "Panch" the relevant resolutions of parliament of the Republic of Tajikistan in October, 2008 was important stage in the matter.
It should be noted that wide use of opportunities of the created zones in export development is provided in the Development program of export of the Republic of Tajikistan for the period till 2015 for the purpose of implementation of the regulating legal documents stated above. Their creation is considered as the key moment in improvement of foreign trade, ensuring high growth rates of export and national economy in general. Considering raw orientation of export, it is provided in the specified Program that free economic zones will be specialized for conversion of export-oriented raw materials and in their territory production and export of finished goods will be organized. Borders of free economic zones in two areas of the republic - in Kumsangirsky district of Khatlon Region and in Khujand Sughd area are determined.
The main regulatory legal acts providing implementation of trading activity in the Republic of Tajikistan are:
- The law of the Republic of Tajikistan of December 27, 1993 No. 869 "About foreign economic activity";
- The presidential decree of the Republic of Tajikistan of June 27, 1995 No. 261 "About liberalization of foreign trade in the Republic of Tajikistan";
- The law of the Republic of Tajikistan of November 4, 1995 No. 112 "About currency control and currency exchange control";
- The presidential decree of the Republic of Tajikistan of February 24, 1996 No. 424 "About liberalization of currency and export transactions";
- the order of the Government of the Republic of Tajikistan of February 19, 1997 No. 111 "About measures for enhancement of foreign economic activity in the Republic of Tajikistan";
- The law of the Republic of Tajikistan of November 13, 1998 No. 726 "About copyright and the related rights";
- The law of the Republic of Tajikistan of September 3, 1999 No. 822 "About state regulation of foreign trade activity";
- the order of the Government of the Republic of Tajikistan of October 27, 1999 No. 453 "About complex measures of state regulation of import, export and wholesale of tobacco products";
- The law of the Republic of Tajikistan of December 10, 1999 No. 873 "About drugs psychotropic substances and precursors"; - the order of the Government of the Republic of Tajikistan of June 8, 2001 No. 237 "About measures for improvement of promotion of domestic goods in the foreign market";
- the order of the Government of the Republic of Tajikistan of March 30, 2002 No. 135 "About temporary measures for protection of the domestic market";
- The law of the Republic of Tajikistan of December 2, 2002 No. 83 "About selection achievements of crops";
- The law of the Republic of Tajikistan of April 22, 2003 No. 9 "About finance lease (leasing)";
- The law of the Republic of Tajikistan of April 29, 2004 No. 522 "About free economic zones";
- The customs code of the Republic of Tajikistan of December 3, 2004;
- The tax code of the Republic of Tajikistan of December 3, 2004;
- The law of the Republic of Tajikistan of December 9, 2004 No. 72 "About consumer protection";
- the order of the Government of the Republic of Tajikistan of April 2, 2005 No. 126 "About excises";
- The law of the Republic of Tajikistan of July 28, 2006 No. 200 "About grain";
- The civil code of the Republic of Tajikistan of May 12, 2007;
- The law of the Republic of Tajikistan of May 12, 2007 No. 260 "About investments";
- The law of the Republic of Tajikistan of July 30, 2007 No. 315 "About conservation";
- The law of the Republic of Tajikistan of October 6, 2008 No. 430 "About the competition and restriction of monopolistic activities in the goods markets";
- The law of the Republic of Tajikistan of December 31, 2008 No. 481 "About ensuring sanitary and epidemiologic safety of the population";
- The law of the Republic of Tajikistan of December 31, 2008 "No. 486" about environmental assessment".
Trade policy of the Republic of Tajikistan is based taking into account obligations assumed by the Republic of Tajikistan on the following international treaties:
The agreement on creation of the free trade area of April 15, 1994;
The protocol of April 2, 1999 on modification and amendments in the Agreement on creation of the free trade area of April 15, 1994;
the bilateral agreements signed with the states - members of the CIS:
- Agreement between the Governments of the Republic of Tajikistan and Russian Federation on trade and economic cooperation, (Free-trade agreement);
The protocol on withdrawals from free trade regime to the Agreement on trade and economic cooperation (Free-trade agreement) of October 10, 1992;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Republic of Armenia on free trade of March 2, 1994;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Republic of Kazakhstan on free trade of November 22, 1995;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan on free trade, the Protocol on withdrawals from free trade regime of January 10, 1996;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Republic of Belarus on free trade of November 20, 1998;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Kyrgyz Republic on free trade of January 19, 2000;
- The agreement between the Government of the Republic of Tajikistan and the Cabinet of Ministers of Ukraine on free trade of December 1, 2001;
- The agreement between the Government of the Republic of Tajikistan and the Government of the Azerbaijan Republic on free trade of January 26, 2008;
the international agreements signed by the Republic of Tajikistan within Eurasian economic community including:
- The agreement on custom union and the Common economic space of February 26, 1999;
- The constitutive treaty of Eurasian economic community of October 10, 2000, etc.
The specified documents create the legal basis for integration of economy of the republic into world economic system and into them the main principles by which the Republic of Tajikistan when implementing the foreign economic, foreign and investing activities is guided are reflected:
- mutually beneficial cooperation with all states, foreign, legal entities and physical persons, the international organizations;
- equality of the parties and non-interference to internal affairs of partners in foreign economic relations;
- ensuring activities in the field of foreign economic activity according to the international standards, rules and conditions;
- regulation of the relations connected with implementation of investing activities, the state support of investments by means of provision of fair equal legal regime and guarantee of protection of the rights of interests in the territory of the Republic of Tajikistan;
- providing favorable conditions for investing activities, and also conditions for free use of transparency of ownership and the order of investments, respect for rules of international law and the international practice of investment cooperation.
Requirements to registration, documentation and customs procedures
The legislation of the Republic of Tajikistan provides registration requirements when implementing import transactions. So, according to article 5 of the Law of the Republic of Tajikistan "About foreign economic activity of the Republic of Tajikistan" it is established: "Legal entities and physical persons, including the foreign, international organizations operating in the territory of the republic or beyond its limits after the corresponding registration in the Republic of Tajikistan can be subjects of foreign economic activity in the Republic of Tajikistan irrespective of patterns of ownership".
According to article 31 of the Tax Code of the Republic of Tajikistan the subject of foreign economic activity shall have the identification taxpayer number (ITN) for the purposes of collection of taxes and duties. The procedure for assignment of INN is established by the Ministry of state revenues and charges of the Republic of Tajikistan.
Customs tariff
The customs tariff of the Republic of Tajikistan is based on the Customs code of the Republic of Tajikistan which establishes procedure for forming and application of customs tariff of the Republic of Tajikistan - the instrument of trade policy and state regulation of the domestic market of goods of the Republic of Tajikistan in case of its interrelation with the world market, and also rules of taxation of goods duties in case of their movement through customs border of the Republic of Tajikistan. Main objectives of customs tariff:
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