ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of January 12, 1996 No. 32

About approval of the Regulations on procedure for export control from the Republic of Tajikistan of chemicals, the equipment and technology which have peaceful purpose, but can be applied during creation of chemical weapon

For the purpose of providing single customs regime of member countries of the Customs Union concerning the third countries, the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Regulations on procedure for export control from the Republic of Tajikistan of chemicals, the equipment and technologies which have peaceful purpose, but can be applied during creation of chemical weapon.

2. To the Ministry of Economics and external commercial relations of the Republic of Tajikistan together with the interested ministries and departments to provide to the Government of the Republic of Tajikistan the list of chemicals, the equipment and technologies of double application in a month.

Approved by the Order of the Government of the Republic of Tajikistan of January 12, 1996 No. 32

Regulations on procedure for export control from the Republic of Tajikistan of chemicals, the equipment and technologies which have peaceful purpose, but can be applied during creation of chemical weapon

1. This Provision determines complex of actions for export control (transfer, exchange) from the Republic of Tajikistan of the equipment and technologies which have peaceful purpose, but can be applied during creation of chemical weapon.

2. Requirements of this provision extend on all business entities which are under jurisdiction of the Republic of Tajikistan irrespective of patterns of ownership.

3. Based on decisions of the United Nations export, and also re-export from the Republic of Tajikistan of chemicals, the equipment and technologies of double application cannot be performed to the states breaking the prohibition on use of chemical weapon established by the Geneva protocol on application prohibition in the war of suffocating, poisonous or other similar gases and bacteriological means of June 17, 1995.

In case of the detection of the facts of violation by importing countries of the specified international act or failure to carry out of other obligations assumed by them provided present Put the contract (the agreement, the agreement) is subject to termination.

4. The procedure for export control from the Republic of Tajikistan of chemicals, the equipment and technologies of double application provides:

preparation and issue of the conclusion about possibility of export of chemicals, equipment, technologies of double application;

export licensing of chemicals, equipment, technologies of double application; customs control and customs clearance of export of chemicals, equipment, technologies of double application.

5. Export licensing (transfers, exchange) from the Republic of Tajikistan of chemicals, the equipment, technologies of double application is performed according to this Provision by all types of foreign economic activity, including direct production and scientific and technical connections, border trade, goods exchange transactions.

Export (transfer, exchange) of chemicals, the equipment, technologies of double application is performed only under the one-time licenses granted by the Ministry of Economics and external commercial relations of the Republic of Tajikistan.

The basis for licensing is the decision of the Government of the Republic of Tajikistan on possibility of export (transfer, exchange) chemicals, the equipment, technologies of double application.

6. For receipt of the decision on possibility of export (transfer, exchange) from the Republic of Tajikistan of each type of chemicals, the equipment, technologies of double application the exporter addresses to the Government of the Republic of Tajikistan, submitting at the same time the following documents:

the application for licensing issued according to requirements of the Ministry of Economics and external commercial relations of the Republic of Tajikistan

verified copy of the contract, agreement, export agreement (transfer, exchange) of chemicals, equipment, technologies of double application,

the verified copy of the contract between the Tajik manufacturers and the exporter if export of chemicals, the equipment, technology of double application is performed through the intermediary,

originals of the documents containing the obligations of the importer provided by this Item if these obligations are absent in the text of the contract of end users if the importer is intermediary, and also authorized state body of the importing country.

In the text of the contract (the agreement, agreements) from the Republic of Tajikistan of chemicals of the equipment, technologies of double application shall be specified export (transfer, exchange): the end user, the purpose of use of the exported goods, the obligations of the importer guaranteeing that these chemicals, the equipment, technologies of double application will be used only in the stated purposes which are not connected with production of chemical weapon also will not be reexported or transferred to somebody, except end users, without written permission for it of the exporter

Obligations of the importer shall be drawn specially up in authorized state body of the exporting country separately according to each transaction on export (to transfer, exchange) each type of chemicals, the equipment, technology of double application in the form of the international (national) import certificate or its analog, and in case of lack of the procedure of execution of the import certificate - in the document form, containing the specified obligations.

If the importer is intermediary, then the specified obligations shall be issued as well by the end user according to each transaction on export (transfer, exchange) of each type of chemicals, the equipment, technologies of double application in the form of the separate document

For receipt of the conclusion about possibility of temporary export of separate type of chemicals and the equipment of double application for demonstration at exhibitions, fairs and the advertizing purposes the Tajik organization performing such export sends to the Government of the Republic of Tajikistan;

the statement containing data on the export purposes, the place and nature of use of the exported object, the name of exhibition (fair), terms of finding of objects abroad, the application for licensing issued according to the requirements established by the Ministry of Economics and external commercial relations of the Republic of Tajikistan;

obligations of the Tajik organization performing export of object for its return import.

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