Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

Registered by

Ministry of Justice

Republic of Tajikistan

 On June 10, 2016 No. 333

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of June 1, 2016 No. 238

About the Procedure of border trade of the Republic of Tajikistan

According to article 53 of the Law of the Republic of Tajikistan "About foreign trade activity" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure of border trade in the Republic of Tajikistan it (is applied).

2. Declare invalid the order of the Government of the Republic of Tajikistan of October 2, 2002, No. 397 "About measures for improvement of the organization of border trade in the Republic of Tajikistan".

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix

Approved by the Order of the Government of the Republic of Tajikistan of June 1, 2016 , No. 238

Procedure of border trade in the Republic of Tajikistan

1. General provisions

1. The procedure of border trade in the Republic of Tajikistan (dalee-Poryadok) is developed according to article 53 of the Law of the Republic of Tajikistan "About foreign trade activity" which regulates legal and economic basis of creation of Items of border trade and determines procedure of border trade in the Republic of Tajikistan.

2. Border trade in the corresponding border territory of the Republic of Tajikistan is performed according to the Constitution of the Republic of Tajikistan, the laws, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan and this Procedure.

3. Items of border trade in the border cities and the regions of the Republic of Tajikistan are created for expansion of trade and economic relations on the basis of mutual advantage, further development, strengthening good-neighbourhood and friendship between the Republic of Tajikistan and neighboring states.

4. Action of this Procedure is not applied to the organization and implementation, the external economic relations of the Republic of Tajikistan, torgovlidi commodity exchanges, and also purchase and sale of securities, real estate units, industrial goods, in current number of electrical and heat energy.

5. In this Procedure the following concepts are applied:

- border trade is the (external) trade in goods and services performed only for satisfaction of the local needs for the goods and services made within the corresponding border territories and intended for consumption by the physical persons having the permanent residence and the legal entities taking the location in these territories;

- the Item of border trade is the specially allocated area parcel of land in close proximity (within borderland) from frontier with complex of buildings, constructions with processing equipment in which trade between physical persons and legal entities of the Republic of Tajikistan and the adjacent state is performed;

- subjects of border trade - physical persons and legal entities, including the foreign physical persons and legal entities performing according to the procedure, established by the corresponding intergovernmental agreement of the Republic of Tajikistan with the border state and this Procedure, trading activity in Item of border trade of the Republic of Tajikistan and in Item of border trade of the adjacent state.

2. Procedure for creation of Items of border trade

6. The Item of border trade is created according to the decision of the Government of the Republic of Tajikistan based on representation of local executive body of the government in the corresponding border territory determined in the international treaty of the Republic of Tajikistan with the adjacent state.

7. Border trade is performed based on the international treaty of the Republic of Tajikistan with adjacent foreign state providing the particular favorable mode of foreign trade activity concerning (external) trade in goods and services.

8. The Item of border trade is created in the corresponding border territory of the Republic of Tajikistan with the state having visa regime and with the state which does not have visa regime.

9. Allocation of the parcel of land for the organization of Item of border trade and document creation, establishing the right to use of the parcel of land, is made in the procedure established by the legislation.

10. Designing and the organization of activities of Items of border trade are performed based on the decision of local executive body of the government in coordination with the Ministry of Economic Development and Trade of the Republic of Tajikistan, the Ministry of Agriculture of the Republic of Tajikistan, the Ministry of Health and Social Protection of the Republic of Tajikistan, the State committee of homeland security of the Republic of Tajikistan, Committee on architecture and construction under the Government to the Republic of Tajikistan, Customs Service under the Government of the Republic of Tajikistan and National Bank of Tajikistan.

11. The Item of border trade can be organized in accordance with the established procedure by business entity of any pattern of ownership.

12. Designing, redesign and construction of buildings in the territory of the market, reconstruction and recovery of buildings, structures of the constructions which are in the territory of Item of border trade are performed according to requirements of the legislation.

13. The construction of Item of border trade is performed with respect for the operating sanitary standards and rules of content of rooms, constructions and the territories, surveillance cameras with reservoir of memory at least 6 months, rules of fire safety, and other requirements according to the current legislation. The basis for opening of Item of border trade is the act of input of object in action approved in accordance with the established procedure.

14. Production of all types of the construction and repair work which is carried out by the business entities trading on Item of border trade is made on the basis of contractual relations with administration of Item of border trade and in coordination with local authorities of architecture and town planning of gorodova of areas.

15. For the purpose of acceptance in operation of complete construction, reconstruction of Item of border trade according to the legislation of the Republic of Tajikistan is created State commission.

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