Approved by Board of National Bank of Tajikistan on September 16, 1997 No. 51

The instruction about procedure for realization to citizens in the territory of the Republic of Tajikistan of goods (works and services) for foreign currency

Introduction

1. To citizens (residents and nonresidents) in the territory of the Republic of Tajikistan for foreign currency the following types of goods (works and services) can be realized:

1.1. The goods of foreign production acquired for foreign currency:

a) at the nonresident directly;

b) at trade and other intermediary organization of the Republic of Tajikistan which bought these goods from the nonresident;

c) at the nonresident through trade and other intermediary organization under commission agreements or the order;

1.2. Services of hotels;

1.3. Services of bars and restaurants;

1.4. Services in life insurance and health of the citizens who are going abroad and baggage of the specified citizens; on civil responsibility insurance of owners of the vehicles which are going abroad; on insurance by citizens of the goods of foreign production acquired by them;

1.5. Services in transportation in the territory of the Republic of Tajikistan passengers of nonresidents and their baggage;

1.6. Services in transportation in the international message of passengers (residents and nonresidents) and their baggage;

1.7. Services in international telecommunication;

1.8. Services in the international tourism;

1.9. Services in the organization of training (training) of resident citizens abroad;

1.10. Services in the organization of training (training) of nonresident citizens in the Republic of Tajikistan.

1.11. Consulting services to nonresidents.

2. Realization to citizens (residents and nonresidents) in the territory of the Republic of Tajikistan for foreign currency of goods (works and services) specified in Item 1 of this Instruction is performed by the companies (departments), being the legal resident persons of the Republic of Tajikistan who got the corresponding Permissions of National Bank of Tajikistan ("authorized companies" "authorized departments" are referred to as).

3. The companies (department) which received the status of the authorized companies (departments) according to this Instruction can in case of sales of goods (works, services) for foreign currency independently: - declare in foreign currency of the price of goods (price lists and rates for works and services); - establish price relation on goods (rates and price lists for works and services) in foreign currency and in rubla that shall be drawn up by the relevant order. Declaring of goods prices (rates and price lists for works and services) in foreign currency shall be performed in the way authorized by the company: - simultaneous establishment of price labels in foreign currency on implementable goods (works, services) and exposure in the available place for review the place of the announcement of single price relation (rates, price lists) in foreign currency and in rubla; - simultaneous establishment of price labels (rates, price lists) for implementable goods (works, services) in foreign currency and in rubla; - combinations of the above methods of declaring of the prices.

4. The companies, departments, organizations, the organizations which are not the authorized companies have no right to make the actions specified in Item 3 of this Instruction, including to establish price labels on the goods (rates and price lists for works and services) realized to physical persons or to declare what - or different way of the price of these goods (rates and price lists for works and services) in foreign currency.

5. Goods (works and services) can be realized in the territory of the Republic of Tajikistan for foreign currency by the authorized company only on its own behalf. Transfer to the other persons of all rights provided in the Permission issued on his name or their parts, and also concession by the authorized companies of the requirements or the translation of the debts by them under the agreements performed based on Permission of National Bank of Tajikistan authorized by the company is not allowed. The rights of the authorized company provided in Permission do not belong and cannot be performed by other persons including which are founders, shareholders, unitholders and other members of this authorized company, and also persons, the founder, the shareholder, the unitholder or other member of whom this authorized company is. The termination (liquidation, reorganization) of the authorized company involves cancellation of Permission of National Bank of Tajikistan. The rights granted to the authorized company according to Permission of National Bank of Tajikistan cannot arise automatically at his legal successors.

Realization by nonresidents of goods (works and services) in the territory of the Republic of Tajikistan is not allowed, except as specified realization based on the corresponding agreements in foreign trade (contracts) via bank transfer of goods from the customs warehouses that is imported into the Republic of Tajikistan, but which did not undergo customs clearance and also in cases if sales of goods (works and services) is resolved by the legislation of the Republic of Tajikistan, Intergovernmental and Interstate agreements.

6. The goods which are purchased from residents for rubla and also self-produced goods of the authorized companies are implemented by these companies only for rubla. Payment in the foreign currency the authorized companies of products secured at residents or through residents under commission agreements or orders except the cases provided by subitems 1.1 and "in" this Instruction is not allowed.

7. The authorized company shall accept in payment of the goods (works and services) realized by it at the choice of the buyer foreign currency or rubla without restrictions.

8. Payment to citizens in the territory of the Republic of Tajikistan of the goods (works and services) acquired for foreign currency is performed according to the procedure stipulated in Permission of National Bank of Tajikistan.

In the payment document (order) the following purpose of payment is specified transfer of foreign currency for benefit of the authorized company.

"Payment of goods (works and services) realized for foreign currency in the territory of the Republic of Tajikistan according to Permission of National Bank of Tajikistan from" ____" ______________ 19 ___ No. ____ (date and number of the operating Permission of the representative of the company - the receiver of the translation is specified)".

In case of lack of the specified entry in the document of corresponding bank based on which the transfer amount is subject to transfer into the account of the receiver the authorized bank during two banking days sends inquiry to corresponding bank for purpose of payment and transfer of the specified amount into the current currency account of the authorized company before obtaining from correspondent bank of the answer with confirmation of the above-named purpose of payment detains.

In case of not receipt of such confirmation from corresponding bank in a month from receipt date of currency the authorized bank transfers the arrived funds to the account to the transferor with reference of expenses on the last. The goods acquired in the authorized companies (works and services) can be paid both by citizens directly, and the companies (residents and nonresidents) with which these citizens consist in employment relationships on terms of employment.

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