LAW OF THE AZERBAIJAN REPUBLIC

of June 8, 2001 No. 138-IIQ

About tobacco and tobacco products

This Law governs the relations connected with production, purchase and sale, import, export, consumption of tobacco and tobacco products in the Azerbaijan Republic and establishes the legal basis of management of their quality.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. The concepts used in this Law express the following values:

1.0.1. tobacco - the one-year technical plant used as the main raw materials in tobacco products manufacture after conversion of its leaves;

1.0.2. pipe tobacco - one-year technical plant which leaves are intended for smoking by means of tube;

1.0.3. fermentative tobacco - tobacco leaf, last natural and technological processes for tobacco products manufacture;

1.0.4. tobacco products - the products made of tobacco leaf and its components incorporating nicotine, active alkaloid, including cancerogenic substances and causing addiction to nicotine (cigarettes, cigarettes, cigars, cigarillos, pipe tobacco, etc.);

1.0.5. nicotine - the substance which is present at composition of tobacco and pipe tobacco relating to group of alkaloids;

1.0.6. tobacco pitches - semi-fluid, gaseous condensate of smoke;

1.0.7. ingredient - the flavoring substances added to tobacco, additives of tobacco and not tobacco content, and also not tobacco components used in tobacco products manufacture;

1.0.8. flavoring substance - not tobacco substances added to tobacco for giving to tobacco product of special taste and aroma;

1.0.9. not tobacco components - the cigarette papers used in tobacco products manufacture, ink, adhesives, filters, and also any other parts different from tobacco;

1.0.10. turnover - purchase (including import), sending (including export), storage, wholesale and retail sale of the tobacco which underwent industrial conversion, and also tobacco products.

Article 2. Legislation of the Azerbaijan Republic on tobacco and tobacco products

2.1. The legislation of the Azerbaijan Republic on tobacco and tobacco products consists of this Law and regulatory legal acts adopted in connection with this Law, and also other legislation of the Azerbaijan Republic.

2.2. If the rules about regulation of the relations connected with tobacco and tobacco products, and management of their quality, established by interstate agreements which the Azerbaijan Republic joined differ from the rules provided by this Law rules of international treaties are applied.

Article 3. The directions of state policy on tobacco and tobacco products

The main directions of state policy on tobacco and tobacco products consist in orientation of activities in the field of production of tobacco on cultivation of valuable and high-quality tobacco products, increase in export of tobacco and tobacco products, protection of the domestic market of tobacco products, replacement of the imported tobacco raw materials with local raw materials and strengthening of measures for protection of the population against harmful effects of tobacco products.

Article 4. State regulation of production and turnover of tobacco and tobacco products

4.0. State regulation of production and turnover of tobacco and tobacco products provides:

4.0.1. adoption of regulatory legal acts on regulation of quality, production and turnover of tobacco and tobacco products;

4.0.2. market research of tobacco and tobacco products, provision of forecasts, determination on the basis of the state program of the main directions and mechanisms of regulation of development of tobacco growing;

4.0.3. establishment of agrotechnical and technical regulations on cultivation and conversion of valuable and high-quality tobacco products;

4.0.4. stimulation of activities of producers of tobacco and ensuring their social protection;

4.0.5. determine order of registration of the subjects of managing performing import and tobacco products manufacture, procedure for maintaining the Register of the subjects of entrepreneurship performing import and tobacco products manufacture (further - the Register) and Regulations on the Register;

4.0.6. establish the tariff quotas on the imported tobacco products taking into account internal production;

4.0.6-1. determine requirements to amount of use of local tobacco raw materials in case of tobacco products manufacture;

4.0.7. establishment of rates of the excise taxes and rules of their application concerning tobacco products;

4.0.8. implementation of the state control of quality and turnover of tobacco and tobacco products;

4.0.9. preparation and ensuring execution of the programs of health directed to restriction of consumption of tobacco products;

4.0.10. implementation of other tasks established by the legislation.

Article 4-1. Registration, re-registration and maintaining the register of the subjects of managing performing import and tobacco products manufacture

4-1.1. The actions connected with registration and re-registration of subjects of entrepreneurship on import and tobacco products manufacture are performed according to the Law of the Azerbaijan Republic "About licenses and permissions".

4-1.2. The economic subjects performing import and tobacco products manufacture in the Azerbaijan Republic are registered body (organization) determined by relevant organ of the executive authority based on the statement of these subjects.

4-1.3. The registered business entities join in the Register which issues the statement from the Register in electronic or paper form. From the register it is necessary to pay the state fee for issue of the statement in the amount of, established by the Law of the Azerbaijan Republic "About the state fee".

4-1.4. The order of registration of the subjects of managing performing import and production of tobacco products, procedure for maintaining the Register and regulations on the Register are determined by body (organization) determined by relevant organ of the executive authority.

4-1.5. The information included in the register, which is not trade and (or) tax secret is regularly updated by placement it on the official site of body (organization) determined by relevant organ of the executive authority, and this information is open for users.

4-1.6. Control of implementation of activities for import and tobacco products manufacture without registration, and also behind observance of the conditions of registration provided by articles 10.2 and 10.3 of this Law is performed by body (organization) determined by relevant organ of the executive authority.

Chapter II. Economic bases of the organization of tobacco growing

Article 5. Tobacco production

5.1. In the Azerbaijan Republic for commodity production of tobacco the seeds of the zoned tobacco grades meeting the requirements of state standards shall be used.

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