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Ministry of Justice

Republic of Tajikistan 

 On January 6, 2015 No. 3

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 31, 2014 No. 1168

About export control

(as amended of the Law of the Republic of Tajikistan of 24.02.2017 No. 1392)

This Law governs the public relations connected with the organization of export control, foreign economic activity and international cooperation in the field of export control on the relation of controlled goods, technologies and software.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- export control - package of measures, providing realization established by this Law and other regulatory legal acts of the Republic of Tajikistan of procedure of system of export control and foreign economic activity;

- controlled goods, technologies and the software raw materials, materials, the equipment, products, scientific and technical information, technology and the software, works, services, results of intellectual activities (the right to them), the goods which are weapons of mass destruction, means of its delivery and other types of arms, military equipment and ammunition including products of dual purpose which owing to the features and properties can be used in their creation or making of acts of terrorism and diversions or other crimes;

- products of dual purpose - products, the equipment, materials, raw materials, the software, technologies and scientific and technical information which are used in the civil purposes and can be applied to the arms production, military equipment and ammunition, including weapons of mass destruction and means of its delivery;

- weapons of mass destruction - nuclear, chemical, bacteriological (biological) weapon;

- delivery systems - the rockets, unmanned aerial vehicles and other systems capable to deliver weapons of mass destruction;

- participants of foreign economic activity - the legal entities performing foreign economic activity, or moving goods, technologies, the software, information, results of intellectual activities (the right to them) through customs border of the Republic of Tajikistan and also physical persons, including individual entrepreneurs.

Article 2. Legislation of the Republic of Tajikistan on export control

The legislation of the Republic of Tajikistan on export control is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Purposes of export control

Main objectives of export control are:

- protection of interests and safety of the Republic of Tajikistan;

- obligation fulfillment and the international treaties recognized by Tajikistan on nonproliferation and means of its delivery, and also on export control of products of military and dual purpose;

- creation of conditions for integration of economy of the Republic of Tajikistan into world economy;

- counteraction to terrorism.

Article 4. The principles of state policy in the field of export control

State policy in the field of export control is created according to the following principles:

- accomplishment of the international obligations of the Republic of Tajikistan on nonproliferation and means of its delivery, and also on export control of products of military and dual purpose;

- legality, publicity and availability of information on questions of export control;

- priority of interests of safety of the state;

- harmonization of procedures and rules of export control with the universally international standards and practice;

- interaction with the international organizations and foreign states in the field of export control for the purpose of strengthening of the international security and stability, prevention of distribution of weapons of mass destruction and means of its delivery.

Article 5. Methods of implementation of export control

Export control in the Republic of Tajikistan is exercised by the following methods:

- identification of controlled goods, technologies and software;

- customs control and customs clearance of the controlled goods, technologies, the software moved through customs border of the Republic of Tajikistan;

- application of measures of the state coercion (sanctions) established by the legislation of the Republic of Tajikistan against persons which broke procedure of foreign economic activity concerning controlled goods, technologies, software, and also their use.

Chapter 2. Legal basis of the organization of export control

Article 6. Competence of the Government of the Republic of Tajikistan in export control

Government of the Republic of Tajikistan:

- enables the realization of state policy in the field of export control, including concerning the international modes of export control;

- provides the approved functioning and interaction of the central executive bodies of the government of the Republic of Tajikistan in the field of export control;

- approves the List of controlled goods, technologies and the software on representation of authorized state body in the field of export control;

- determines procedure of foreign economic activity concerning controlled goods, technologies and software;

- takes measures for negotiation and signing of international treaties of the Republic of Tajikistan in the field of export control;

- determines authorized state body in the field of export control;

- performs other competence in export control, stipulated by the legislation the Republic of Tajikistan.

Article 7. Powers of authorized state body in the field of export control

Authorized state body:

- provides execution of provisions of the legislation of the Republic of Tajikistan and interagency coordination in the field of export control;

- based on the corresponding control lists within the international modes of export control with involvement of the relevant state bodies and organizations (associations, the unions) develops and provides to the Government of the Republic of Tajikistan the List of controlled goods, technologies and software;

- grants licenses for activities on export control of products of dual purpose, and also exercises supervision of observance of regulations, rules and conditions of action of the granted licenses;

- together with other relevant state bodies will organize work on informing participants of foreign economic activity on the purposes, procedures and rules of export control;

- provides nondisclosure and not use for personal reasons or transfers to the third parties of information, component state, commercial and other, the secret protected by the law, except as specified, stipulated by the legislation the Republic of Tajikistan;

- performs other powers in the field of export control, stipulated by the legislation the Republic of Tajikistan.

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