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Ministry of Justice 

Republic of Tajikistan

On July 31, 2003 No. 79

Approved by Board of National Bank of Tajikistan of October 10, 1998 No. 28

Regulations on procedure of currency control over justification of payments in foreign currency in the Republic of Tajikistan for imported goods

Based on the Law of the Republic of Tajikistan "About currency control and currency exchange control" and the Customs code of the Republic of Tajikistan and for the purpose of ensuring compliance of the amount of the means in foreign currency transferred in payment, for imported goods, costs which are actually imported on the territory of the Republic of Tajikistan of goods the following procedure for control of justification of payments in foreign currency for the imported goods performed by residents of the Republic of Tajikistan is established.

1. Basic concepts

For the purposes of this provision the basic concepts in the following values are used:

The importer - the resident who concluded or on behalf of which the contract (the agreement, the agreement) providing commodity importation on customs area of the Republic of Tajikistan is signed (further - the import contract);

Imported goods - the goods imported on customs area of the Republic of Tajikistan for which it is made or payment in foreign currency will be made.

Importer bank - the bank (or its branch) which obtained the License (Permission) of National Bank of Tajikistan for carrying out foreign currency transactions in which the currency account of the Importer and which at the request of the last perfroms calculations for the goods imported under this contract and draws up on it the Passport of the import transaction is opened.

The passport of the import transaction (further - PSI) - the basic document of currency exchange control processed by the Importer in Importer bank and containing the data on the import contract necessary for implementation of this control stated in the form established by this Provision.

The responsible person of Bank - the bank employee, the representative to sign PSI and to make other actions for currency exchange control from bank name of the Importer as agent of currency exchange control.

The order of registration of such persons in National Bank of Tajikistan is established by the Provision "About Procedure of Currency Control over Receipt to the Republic of Tajikistan Currency Earnings from Commodity Export" the approved National Bank of Tajikistan and Customs committee under the Government of the Republic of Tajikistan 14.09.1996 for No. 8 and No. 132 respectively. This Provision gives to specified persons additional authority and functions when implementing currency control over justification of import payments.

Bodies of currency exchange control - the bodies (specified in item 2 of article 11 of the Law of the Republic of Tajikistan "About currency control and currency exchange control") as which control of the currency transactions performed in the territory of the Republic of Tajikistan, of compliance of these transactions to the national legal system, and also conducting checks of the performed currency transactions enters.

Accounting card of imported goods (further - UKI) - the document containing data on movement of imported goods and on conditions of calculations for them, constituted in the form established by this Provision. Each UKI contains data on goods which customs clearance is made according to one cargo customs declaration (further - GTD). In case of use of the additional sheets which are integral part of GTD, the quantity of UKI shall correspond to the number of names of goods.

Advance payment - the payment in foreign currency made by the Importer in pursuance of its contract obligations on commodity import for benefit of the foreign party under the contract or its order before completion of customs clearance in the territory of the Republic of Tajikistan. The advance payment can be partial (advance payment), i.e. cover only part of cost of the goods which are subject to shipment.

Payment card - the document on cash flow created by Importer bank and sent to Customs committee under the Government of the Republic of Tajikistan (further - shopping mall) in case of payment of the imported goods or return to the Importer of the means which are earlier translated to them as the Advance payment.

The instruction - the document of currency exchange control directed by Importer bank for and on behalf of National Bank of Tajikistan (or other authorized body of currency exchange control) to the Importer and goods, equivalent which cost to the amount, the foreign currency cash paid for them, or to provide the return of these means in the amount, is at least earlier transferred within 180 calendar days from payment date of goods, ordering to import (if the national legal system does not establish smaller terms).

The file according to the import transaction (further - the File (Import)) - special selection of documents on control of justification of payments in foreign currency for imported goods. The file (Import) is created by Importer bank on each PSI;

The receiver - the resident specified as the receiver in the shipping or transport document (delivery note, the bill of lading, etc.) provided to bodies of shopping mall in the territory of the Republic of Tajikistan.

Register of the entering and outgoing documents of currency exchange control (further - the Magazine) - the Magazine of separate accounting of documents of currency exchange control created by banks according to requirements of the Provision "About Procedure of Currency Control over Receipt to the Republic of Tajikistan Currency Earnings from Commodity Export" approved by National Bank of Tajikistan and Customs committee under the Government of the Republic of Tajikistan 14.09.1996 for No. 38 and No. 132 respectively.

Residents - persons determined according to item 5 of article 1 of the Law of the Republic of Tajikistan "About currency control and currency exchange control".

2. General provisions

2.1. The importer shall provide import to customs area of the republic of the goods equivalent at cost to the gentle means paid for it in foreign currency, and in case of failure to deliver of goods return of the specified means which are earlier translated under the import contract to the foreign party or its order to the terms established by the contract, but no later than 180 calendar days from payment date of goods if other is not authorized National Bank of Tajikistan.

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