It is registered
Ministry of Justice
Republic of Tajikistan
On July 5, 2012 No. 427
of July 3, 2012 No. 846
About foreign trade activity
This Law regulates legal, organizational and economic basis of foreign trade activity, the basic principles of foreign trade activity, the right and obligation of subjects of foreign trade activity and is directed to creating favorable conditions for foreign trade activity, and its effective integration into world economy.
1. This Law is applied in the field of state regulation of foreign trade activity, and also to the relations which are directly connected with such activities.
2. The provisions of this Law concerning state regulation of foreign trade in services are not applied to the services rendered to state bodies of the Republic of Tajikistan.
In this Law the following basic concepts are used:
- foreign trade activity - the any kind of activities connected with movement of goods, other material property, the rights or services performing between the Republic of Tajikistan and other countries or the territories which are going out of the Republic of Tajikistan.
- subjects of foreign trade activity - physical persons and legal entities, including the foreign physical persons and legal entities which are engaged in foreign trade activity according to provisions of this Law;
- person - any physical person or legal entity, including the foreign physical person or legal entity recognized by the legislation of the Republic of Tajikistan;
- goods - any material property intended for exchange and sale, except for securities, business documents or money;
- export - commodity exportation from the territory of the Republic of Tajikistan on the territory of other state according to the customs legislation of the Republic of Tajikistan;
- import - commodity importation from the territory of other state on the territory of the Republic of Tajikistan according to the customs legislation of the Republic of Tajikistan;
- transit - movement through customs area of the Republic of Tajikistan of goods and vehicles if such movement is performed through part of the way which is beginning and coming to an end outside customs area of the Republic of Tajikistan;
- permission (non-automatic) - the permission which is the precedent condition for implementation of import or export, received from state bodies within ministerial procedure, based on the statement of the interested person;
- automatic permission - the import permit or export necessary only in the administrative or statistical purposes and provided in all cases, without exception state body;
- business presence - any form of the organization of business and other economic activity of the foreign person allowed by the legislation of the Republic of Tajikistan in the territory of the Republic of Tajikistan or the similar activities of physical persons and legal entities of the Republic of Tajikistan allowed by the legislation of foreign state in the territory of foreign state, for the purpose of trade in goods or rendering services, including by creation of the legal entity, branch or representation of the legal entity, or participation in the authorized (share) capital of the legal entity;
- rationing arrangements - all types of prohibition, quantitative restrictions, the special duties (except the customs duty, internal taxes or collection on the rendered service), conditions, licenses, permissions, or other measures established by bodies of the relevant states, having restrictive impact on foreign trade activity, except for technical regulations;
- quantitative restrictions - limit of total cost or the maximum quantity of certain goods which can be exported or imported during the established period of time, and also export ban and import;
- quota - the share in total cost or the number of export or import distributed to person or group of persons (exporters or importers);
- anti-dumping duty - the special duty established for commodity import to compensate dumping effects;
- dumping - commodity import to the Republic of Tajikistan at the price below cost which entailed causing material damage or threat of causing such damage of the industry created in the Republic of Tajikistan or significantly slows down creation of the industry in the Republic of Tajikistan;
- normal cost - the comparable price for the similar goods intended for the exporting country in regular process of trade. If these goods are not sold in the market of the country of the exporter, then the normal price is the highest comparable price of the similar goods intended for export to the third country with the market conditions comparable to the same conditions in Tajikistan provided that this price is indicative or manufacturing cost of such goods in country of source is increased by the reasonable amount for administrative, trading and total costs and for profit;
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