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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of October 6, 2016 No. 401

About approval "Payment procedure of export encouragement to persons who are engaged in export of not oil products", "The list of not oil products to which export encouragement according to the commodity nomenclature of external economic activity" and "The coefficients which are subject to application to the basic amount of export encouragement depending on products type" will extend

Being guided by the eighth paragraph of article 119 of the Constitution of the Azerbaijan Republic, for the purpose of ensuring execution of Item 3.1 of the Presidential decree of the Azerbaijan Republic of March 1, 2016 "About the additional measures connected with encouragement of export of not oil products" the Cabinet of Ministers of the Azerbaijan Republic decides No. 811:

1. Approve "Payment procedure of export encouragement to persons who are engaged in export of not oil products" (Appendix No. 1).

2. Approve "The list of not oil products to which export encouragement according to the commodity nomenclature of external economic activity" (Appendix No. 2) will extend.

3. Approve "The coefficients which are subject to application to the basic amount of export encouragement depending on products type" (Appendix No. 3).

4. This resolution is applied since March 1, 2016 and is effective till December 31, 2020.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 6, 2016 No. 401

Payment procedure of export encouragement to persons who are engaged in export of not oil products

1. General provisions

1.1. This Procedure is prepared for the purpose of ensuring execution of Item 3.1 of the Presidential decree of the Azerbaijan Republic "About the additional measures connected with encouragement of export of not oil products" of March 1, 2016 No. 811 and regulates payment procedure of export encouragement to persons who are engaged in export of not oil products at the expense of means of the government budget.

1.2. The basic amount of export encouragement constitutes 3 (three) percent from the customs value provided in the export customs declaration of the goods which are actually exported for export transactions.

1.3. The specific weight of cost of the local components of the exported not oil products made or used in production process in the territory of the Azerbaijan Republic and not oil products created in the territory of the Azerbaijan Republic is established based on the certificate of origin and export encouragement extends to goods which place of origin is the Azerbaijan Republic.

1.4. The amount of export encouragement is estimated and paid using to the basic amount of export encouragement of the coefficients established by the Cabinet of Ministers of the Azerbaijan Republic, depending on type of the exported not oil products.

1.5. For the purposes of this Procedure the actual export is meant as export from customs area of the Azerbaijan Republic of not oil products without obligation of return.

2. Payment procedure of export encouragement

2.1. For receipt of export encouragement persons file in the Ministry of Economics of the Azerbaijan Republic petition, constituted in the form specified in Appendix No. 1 to this Procedure.

2.2. The following documents are enclosed to the application:

2.2.1. the copy of the document on approval of cost of the exported not oil products (invoice, the invoice, etc.);

2.2.2. the copy of the export customs declaration certified by customs authorities of the Azerbaijan Republic;

2.2.3. the copy of the agreement signed with person importing not oil products to foreign state or the document confirming the property right, uses and (or) orders of goods or the documents replacing them;

2.2.4. the copy of the import customs declaration certified by customs authorities of foreign state;

2.2.5. the document of authorized credit institution confirming money transfer (date, date of receipt, the name of the organization for which payment is intended, the amount), paid in foreign currency for actually exported not oil products on the bank account of the exporter in the Azerbaijan Republic;

2.2.6. the copy of the certificate of origin specifying that not oil products come from the Azerbaijan Republic.

2.3. The Ministry of Economics of the Azerbaijan Republic considers the submitted documents within 10 (ten) working days and if according to this Procedure there are no bases for refusal in payment of export encouragement, in 2 (two) copies "LETTER-ORDER" on payment of export encouragement, in the form specified in appendix No. 2 to this Procedure is constituted, one copy is issued to the exporter, other copy - to the Ministry of Finance of the Azerbaijan Republic.

2.4. If in the submitted application and documents attached to it shortcomings are found, the Ministry of Economics of the Azerbaijan Republic no later than 2 (two) working days from the moment of receipt of the statement informs the addressed person for elimination of the specified shortcomings. After elimination by the addressed person of the corresponding shortcomings, the address is considered according to Item 2.3 of this Procedure.

2.5. The refusal of payment of export encouragement is issued in the following cases:

2.5.1. the exported goods specified in the address are not provided in the Azerbaijan Republic established by the Cabinet of Ministers to the commodity nomenclature of foreign economic activity (TNVED) of not oil products to which export encouragement is applied;

2.5.2. the documents specified in Item 2.2 of this Procedure are not submitted and the submitted documents contain the doubtful or distorted data;

2.5.3. in the cases provided in part 3 presents of the Procedure.

2.6. The Ministry of Finance of the Azerbaijan Republic within 3 (three) working days from the moment of submission by the Ministry of Economics of the Azerbaijan Republic of "LETTER ORDER" provides payment to the exporter of export encouragement.

2.7. For the purpose of studying of the data specified in the address for receipt of export encouragement, the Ministry of Economics of the Azerbaijan Republic can give requests to state bodies and authorized credit institutions.

2.8. The sum of export encouragement is determined and paid in manats, taking the foreign exchange rate as basis, specified in the customs declaration.

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