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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

from 20 November, 2020 No. 737

About introduction of system of obligatory digital marking of separate types of goods

In pursuance of resolutions of the President of the Republic of Uzbekistan of July 10, 2019 No. PP-4389 "About additional measures for enhancement of tax administration" and of April 28, 2020 No. PP-4699 "About measures for widespread introduction of digital economy and the electronic government", and also for the purpose of cardinal enhancement of mechanisms of prevention of cases of illegal import to the republic, productions and sales of products, providing the legal address of separate types of products and consumer protection the Cabinet of Ministers decides:

1. Take into consideration that within pilot project on step-by-step implementation of procedure for marking and the further tracking of goods means of identification (further - pilot project) for domestic manufacturers and importers realized according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 23, 2019 No. 944 "About measures for step-by-step implementation of the procedure of marking of products by means of identification and further tracking":

successful test release of the marked packs of cigarettes is provided, and also the mechanism of tracking of the marked tobacco products due to retrofitting of cigarette factories by the special server hardware and its integration into automated control systems of the companies is started;

release of the test marked labels for alcoholic products is performed, will develop data-processing center, components of information system of marking are installed.

2. Accept the offer of the State Tax Committee of the Republic of Uzbekistan and the Ministry of Finance on step-by-step implementation of system of obligatory digital marking of separate types of products means of identification.

3. Approve:

the inventory concerning which the requirement for obligatory digital marking by means of identification in 2021-2022, according to appendix No. 1 is introduced;

"Road map" on effective implementation of system of obligatory marking of separate types of goods according to appendix No. 2.

4. To the State Tax Committee of the Republic of Uzbekistan to submit for approval in the Cabinet of Ministers:

till December 10, 2020 - procedure for marking and tracking of tobacco and alcoholic products;

till December 30, 2021 by results of pilot projects - procedure for marking and tracking of other goods.

5. Determine that:

the obligation on marking of the goods which are subject to obligatory digital marking is assigned to producers and importers;

connection to national information system of monitoring of marking and tracking of products is imputed obligations of the companies performing retail or wholesale trade by the goods which are subject to obligatory digital marking;

registration in customs regime "release in free circulation (import)" without instruction in the cargo customs declaration of data by aggregative import code is forbidden. At the same time drawing funds of identification for unmarked alcoholic and tobacco products in the territory of customs warehouse is required;

after twelve months from Date of Introduction of procedure for marking of the goods which are subject to obligatory digital marking, sale of such goods in the territory of the Republic of Uzbekistan is not marked forbidden;

the mechanism of public control over production and realization of unmarked products by development and deployment of the information products and mobile applications allowing to notify in real time authorized bodies on violations of the law in the field of obligatory digital marking of products is entered.

6. Grant the right to the State Tax Committee of the Republic of Uzbekistan:

supplement the inventory, subject to obligatory digital marking and determine terms of their implementation;

make experiments on marking of the goods for the purpose of extension of the inventory which are subject to obligatory digital marking.

7. To provide to the State Tax Committee of the Republic of Uzbekistan together with the Ministry of development of information technologies and communications till December 1, 2020 start of the National information system of monitoring of marking and tracking of products of "Asl belgisi" (further - NIS "Asl belgisi").

Determine the main objectives of NIS "Asl belgisi":

automation of the processes of data collection and processing about turnover of goods which are subject to obligatory marking means of identification, in the way of registration in system of all stages of turnover of products;

ensuring limited access to information which is stored in NIS "Asl belgisi", with establishment of requirements to the processes of storage, access, transfer, distribution, processing, the publication, use and other actions with information performed by the owner of NIS "Asl belgisi" or person involved by it, and also to the mode of protection of this information according to the procedure, approved by the State Tax Committee of the Republic of Uzbekistan.

8. Take into consideration that in compliance:

with article 25 of the Law of the Republic of Uzbekistan "About public-private partnership", the parties can sign the agreement on public-private partnership without carrying out the tender on the basis of carrying out direct negotiations and according to the decision of the state partner in case of accessory to certain person of exclusive rights on results of intellectual activities, other exclusive rights, the parcel of land, other real estate object and other property which is indispensable sales term of the project of public-private partnership;

with Item 57 of the Regulations on procedure for projects implementation of the Public-private partnership approved by the resolution of the Cabinet of Ministers of April 26, 2020 No. 259, the criterion provided by the paragraph third this Item can also cover the rights to the results of intellectual activities which are necessary sales term of the project of public-private partnership not being exclusive.

9. To the State Tax Committee of the Republic of Uzbekistan:

in week time to develop and submit for consideration of authorized state body in the field of public-private partnership the draft of the concept of public-private partnership in the field of obligatory marking of separate types of products, the document on project evaluation (DOP) and the draft agreement;

in two weeks, taking into account results of the made experiment on implementation of marking of alcoholic and tobacco products, on the basis of direct negotiations to sign with CRPT TURON LLC (further - the operator of NIS "Asl belgisi") the agreement on public-private partnership for ensuring creation, operation and maintenance of NIS "Asl belgisi".