It is registered
in the Ministry of Justice
Republic of Tajikistan
of July 31, 2003 No. 92
Approved by the Resolution of Board of National Bank of Tajikistan of October 17, 2002, No. 235
The procedure for execution of the transaction certificate (TC) for export cotton the serving banks (further - the Procedure), is developed compliance with Items 2 and 3 of the Presidential decree of the Republic of Tajikistan No. 899 of September 23, 2002 and regulates general provisions, requirements and mechanisms of execution of transaction certificates for export of cotton products accounting treatment and the reporting, procedure for refusal of registration and closing of PS for export of cotton products by the serving banks.
1. The serving authorized banks (further - banks) as agents of currency exchange control provide bank export control of cotton products (cotton fiber, lint, ulyuk, cyclonic down - further cotton products).
2. Export of cotton products out of country limits for the purpose of ensuring accomplishment of debt obligations of hlopkoproizvoditel, is drawn up by passports of transactions.
3. The Transaction Certificate (TC) - the document having certain form (Appendix No. 1) which is filled with the Exporter in triplicate and is provided to bank in which the advance payment of cost of the exported cotton products arrived. Copies of PS after studying of terms of the contract on sale and not coherence of the farms selling cotton products to this Exporter debt obligations are drawn up by bank, one of which returns to the Exporter.
4. The drawn-up PS is the basis for issue to the Exporter the serving bank of the Certificate of advance payment of cost cotton produktion (Appendix No. 2) and the tax discharge from sale.
5. Certificates of advance payment receipt into the currency account of Exporterter are issued by the serving banks only addressed to National Bank of Tajikistan on condition of provision by the Exporter of the reference or the supporting document about transfer of the sales tax on the transit account of the Central Management on treasury of the Ministry of Finance of the Republic of Tajikistan of Tajikistan which is in National Bank.
Direct issue of the Certificate of receipt of absolute advance payment addressed to the Exporter and transfer of the sales tax into the account of the Central Management on treasury of the Ministry of Finance of the Republic of Tajikistan, is forbidden.
6. Banks, after registration of PS according to the export contract of cotton products perform converting of tax amount from sale on the sum transfer it into the transit account of the Central Management on treasury of the Ministry of Finance of the Republic of Tajikistan.
7. PS which is in bank after submission by the Exporter to bank of the Cargo Customs Declaration (CCD) confirming export of cotton products is closed and transferred to archive of bank.
8. The copy of PS which is in bank forms the basis of forming by bank (branch) of the file. Dosyeformiruyemoye on each PS selection of documents for control of receipt of revenue for the exported cotton products, i.e. the foreign currency cash converted or which are subject to the translation for benefit of the exporter of the nonresident as payment for the cotton products exported under the contract.
9. PS is filled with the Exporter according to Appendix No. 3 of this Procedure and it is represented in the serving bank.
10. For registration of PS the Exporter shall submit the following documents to bank:
- the copy of the contract registered at the Universal commodity and raw exchange of the Republic of Tajikistan between the Exporter and the Importer (or its original);
- the copy of the contract between the Exporter and hlopkoproizvoditel who proves acquisition of cotton products
In case of receipt of cotton products at producers or others intermediaries, the Exporter shall submit to bank the proving and supporting documents about the producer, quantity and the basis of receipt of cotton products.
In case of registration of PS from representatives of the Exporter or farms, their representatives shall provide the power of attorney, in which the Exporter or economy determine powers of such representatives at the same time, the power of attorney shall be is constituted according to the procedure, establishment by the legislation.
11. In case of identification of credit debt which producers of cotton products of this export contract have in front of other Exporters and investors the bank does not draw up PS and makes explanation to the clients for the solution of disagreements and the existing problems. However, in case of representation by the Exporter or economy of written consent of investors to which this Exporter or economy have debt the bank draws up PS in which entry that they (investors) have no objections against export of these cotton products is made, and provides to the Exporter Spravk about absolute advance payment.
12. Availability at least of one of the following conditions forms bank for refusal in signing of PS the basis:
discrepancy of the data containing in the contract, to the data specified in PS;
discrepancy of the currency transactions provided by the contract to requirements of legal acts of the Republic of Tajikistan;
absence in the contract of the conditions providing receipt of revenue into the account of the Exporter in bank;
provision in bank of the contract constituted in foreign language without the translation into official language (or Russian);
provision of the export contract which is not registered at the Universal commodity and raw exchange of the Republic of Tajikistan.
In case of refusal in signing of PS bank returns to the Exporter the submitted documents.
13. In case of entering by the parties into the contract of the changes and/or amendments affecting the data specified in PS, the Exporter represents to bank, signatory PS under this contract:
- originals or copies of changes and/or supplements to contract
- copies of the permissions got by the Exporter in accordance with the established procedure
- the new PS renewed taking into account the made changes in triplicate.
14. The National Bank of Tajikistan based on the copy of the contract between the Exporter and the Importer (or its original), the original of the Transaction certificate and the Reference of bank about advance payment receipts of cost and the tax discharge from sale, issues to the Exporter Podtverzhdeniye on absolute advance payments) (Appendix No. 4) and on the tax discharge from sales (Appendix No. 5) for representation to the Ministry of state revenues and charges of the Republic of Tajikistan.
15. According to the requirement of the Civil code of the Republic of Tajikistan accomplishment of debt obligations hlopkoproizvoditel are performed according to the procedure of the priority following from the date of receipt of the credits (investments). The bank shall require observance of this requirement by exporters.
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